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HomeMy WebLinkAbout04.17 Agenda Packet PLANNING COMMISSION A G E N D A April 17, 2025 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on April 17, 2025 at 6:30 p.m. This meeting will be conducted as a virtual meeting and in person at 7500 W. 29th Avenue, Municipal Building. The public may participate in these ways: 1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on April 16) 2. Virtually attend and participate in the meeting through a device or phone: a) Click here to join and provide public comment (create a Zoom account to join) b) Or call 1-669-900-6833 with Meeting ID 832 5389 0840 and Passcode: 075843 3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view 4. Attend in person. 1. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA 5. APPROVAL OF MINUTES – March 6, 2025 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the Public Hearing agenda. Public comments may be limited to 3 minutes.) (continued on next page) Planning Commission Agenda – April 17, 2025 Page 2 Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Amanda Harrison, Public Information Officer at 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. 7. PUBLIC HEARING * A. Case No. ZOA-25-1: An Ordinance amending Chapter 26 of the Wheat Ridge Code of Laws to allow, as a conditional use, freestanding emergency departments in the Mixed Use-Commercial (MU-C) zone district. B. Case No. ZOA-25-2: An Ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning residential occupancy limits. C. Case No. ZOA-25-3: An Ordinance amending Section 26-646 of the Wheat Ridge Code of Laws regulating Accessory Dwelling Units and making conforming amendments therewith. 8. OLD BUSINESS 9. NEW BUSINESS A. Upcoming Dates B. Project and Development Updates C. Commissioner Updates 10. ADJOURNMENT * Public comment is welcome during any public hearing item. The standard procedure for a public hearing is as follows: a. Staff presentation b. Applicant presentation – if applicable c. Public comment – time may be limited at the discretion of the Chair, often to 3 minutes d. Staff/applicant response e. Close public hearing f. Commission discussion and decision Planning Commission Minutes - 1 – March 6, 2025 PLANNING COMMISSION Minutes of Meeting March 6, 2025 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair DISNEY at 6:30 p.m. This meeting was held in person and virtually, using Zoom video-teleconferencing technology. 2. ROLL CALL OF MEMBERS Commission Members Present: Kristine Disney Daniel Graeve Cody Hedges Krista Holub Michael Moore Patrick Quinn Syrma Quinones Commission Members Absent: Susan Wood Staff Members Present: Jana Easley, Planning Manager Ella Stueve, Senior Neighborhood Planner Tammy Odean, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA It was moved by consensus to approve the order of the agenda. 5. APPROVAL OF MINUTES – February 20, 2025 It was moved by Commissioner QUINN and seconded by Commissioner MOORE to approve the minutes of February 20, 2025, as written. Motion carried 4-0-3 with Commissioners DISNEY, HEDGES and QUINONES abstaining. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the Public Hearing agenda.) No one wished to speak at this time. Planning Commission Minutes - 2 – March 6, 2025 7. PUBLIC HEARING No cases to be heard. 8. OLD BUSINESS 9. NEW BUSINESS A. City Plan Phase 4 Update Ms. Stueve gave a brief presentation on the first three phases of the City Plan and introduced Eric Ameigh and Matt Ingalls, the consultants from czb. Eric Ameigh, czb 1314 Main Street, Suite 203 Louisville, CO 80027 Mr. Ameigh gave a brief presentation about phase 4 of the City Plan and explained staying places tools and going places tools. Ms. Stueve clarified for Commissioner DISNEY that the maps on pages 17 and 18 illustrate different solutions to issues around the city. Commissioner HEDGES was glad that staff spoke with students at the high school on their opinions of the City Plan because of the safety over mobility pardine. Also, he wanted to make sure Parking and traffic also included pedestrian and bikes. Ms. Stueve confirmed the City Plan will be inclusive. Commissioner GRAEVE inquired about the concept of a dedicated bus lane in the city and thinks it will change how people interact with transit, and it will be a game changer if it is an option. He added that there has been a rise in electric powered bikes, and if it increases then mobility will change without automobiles. Commissioner GRAEVE also inquired about what hardships the high schoolers currently face. Ms. Stueve mentioned the biggest hardship mentioned was the safety of the students who walk to school and not having a lot of locations teenagers can hang out within walking distance. She added that hopefully the City Plan will help plan for what’s known and unknown in the future and can respond to changing needs. In response to a comment from Commissioner QUINN, Ms. Stueve agreed that there are other places that need special attention, other than what is showing up on the Gateways and Gatherings Location Map along with safety improvements. Planning Commission Minutes - 3 – March 6, 2025 Commissioner HEDGES commented that he likes the representations of having other building/businesses in-between Safeway and Wadsworth Blvd and asked what other strategies could be used around Ward Station to better encourage commercial development in the area. Ms. Stueve mentioned that this is a hard question and does not think the city is quite there yet. It is not captured in the implementation matrix yet and there will have to be an incentives piece and use tools we have not used yet. Mr. Ameigh added that continued pursuit of residential intensity at the Ward Station site will be important to supporting commercial uses. Commissioner GRAEVE asked to what extent does the City Plan contemplate when and how the city can accommodate new parks. Ms. Stueve explained that Wheat Ridge has the benefit of a pro-active Parks Department, and they are currently working on their master plan called Pathway, and at some point, staff will figure out what of their master plan needs to be elevated into the City Plan. Matt Ingalls, czb Consultant 31 Centre Street Bath, ME 04530-2560 Mr. Ameigh and Mr. Ingalls mentioned that some public spaces and open space will be brought into the City Plan even though they are not dedicated at parks. Adding that it is important to figure out mobility to park, public spaces and open spaces as well. In response to a question from Commissioner DISNEY about West 29th Avenue being redeveloped to match the map on page 24, Ms. Stueve explained that if it were to be redeveloped this would be the plan to work toward; she added this is a vision exercise and tools for the future. Commissioner QUINONES asked who maintains sidewalks along Wadsworth Blvd. Ms. Easley mentioned she is not sure whether it is CDOT or the city but will find out. Commissioner HOLUB asked where the tools will be applied to regulatory code with different contexts, such as bulk plane. Ms. Stueve explained it will be the appropriate regulations for that context and when the code changes in the future then developments will respond to it, but nothing has changed currently. Ms. Stueve then gave a brief presentation about implementation of the City Plan. Planning Commission Minutes - 4 – March 6, 2025 Commissioner QUINN asked if the codes mostly will be changed in the multi-use districts. Ms. Stueve confirmed this to be true and how they react to residential zone districts. In response to a question from Commissioner QUINN regarding the west part of 38th Avenue, Ms. Stueve confirmed that on the bigger implementation matrix it is listed in the City Plan because it is its own project. Commissioner HOLUB asked how the proactive infrastructure management will work. Ms. Stueve explained this will fall in the priorities section and next steps. Commissioner HEDGES asked how the interaction between Planning Commission and City Council works to implement the programs in the City Plan. Ms. Easley explained that Planning Commission reviews private development and the key piece is how the public/private interface works. Land use applications undergo months of review by staff. She added that Planning Commission does not review public infrastructure but makes sure the private piece is meshing with the public piece. Ms. Stueve mentioned that What’s Up Wheat Ridge survey is open through March 21; the draft plan will be available for public review in late spring/early summer, with additional study sessions and formal adoption over the summer. B. Welcome New Commissioners Ms. Easley welcomed Cody Hedges and Susan Wood as new Planning Commissioners. Commissioner HEDGES introduced himself and said he is a transportation planner for passenger rail and works for CDOT and has lived in District 1 for 5 years. C. Election of Chair and Vice Chair Commissioner QUINN was voted in as Chair and Commissioner DISNEY was voted in as Vice Chair. D. Upcoming Dates No upcoming dates, Commissioners will receive an email about the next scheduled meeting. Planning Commission Minutes - 5 – March 6, 2025 E. Project and Development Updates Nothing to report at this time. F. Commissioner Updates Commissioner GRAEVE mentioned that there was an article in the Denver Post regarding the up-and-coming Clear Creek Crossing restaurants. Commissioner DISNEY mentioned that the Cultural Commission is having a fundraiser for the Cultural Commissions Grant Program on Friday, March 7 and will be selling art that was once displayed at the old Lutheran Hospital. 10. ADJOURNMENT It was moved by Commissioner QUINN and seconded by Commissioner MOORE to adjourn the meeting at 8:02 p.m. Motion carried 7-0. __________________________ _______________________________ Kristine Disney, Chair Tammy Odean, Recording Secretary City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2819 F: 303.234.5924 Rev August 16, 2021 HOW TO PARTICIPATE IN PUBLIC MEETINGS In March 2020, to help control the spread of the COVID-19 virus, the City of Wheat Ridge began conducting virtual meetings for City Council, Planning Commission and other boards. Virtual meetings encourage public participation as usual while also keeping the community, elected officials, staff and residents safe while continuing to conduct important City business. Starting in June 2021, the City returned to in-person public meetings and also retained the option for virtual public participation. The City will continue using this hybrid meeting format for the City Council and Planning Commission; this means that public meetings will continue to be virtually accessible and will also be held in-person if allowed by public health guidelines on the respective meeting date. This guide describes the various ways in which the public may participate in public meetings. 1. TO COMMENT IN ADVANCE • Click this link: www.wheatridgespeaks.org • Use Wheat Ridge Speaks to review agendas and staff reports and to submit written comment. • For City Council meetings on Wheat Ridge Speaks: - You may submit comments at any time until noon on the day of the meeting. - For public hearings related to development or zoning, content will be posted about 10 days in advance. - For all other agenda items, content will be posted about 4 days in advance. • For Planning Commission meetings on Wheat Ridge Speaks: - You may submit comments until noon the day before the meeting. - Content will be posted about 10 days in advance. 2. TO COMMENT VIRTUALLY DURING THE LIVE MEETING (by web or phone) Join the live meeting through the web link or phone number (with access code) provided on the calendar on the City’s website and provided on the top of all meeting agendas. Find the calendar at www.ci.wheatridge.co.us/calendar • You will be joined into the meeting and automatically muted. • When public comment is invited, all participants will be unmuted and called upon by last name. (For example, the Mayor or meeting Chair may say: “Now is the time for public comment. All members of the public will be unmuted. Please mute yourself or keep background noise to a minimum. If your last name begins with A through F, you may now speak.”) • Please only join via the Zoom web or phone meeting if you intend to participate. If you wish to simply view the meeting, see option 4 below. 3. TO COMMENT IN PERSON • Confirm that local health guidelines allow the meeting to be held in-person. The meeting format will be described on the City’s calendar at www.ci.wheatridge.co.us/calendar • When you arrive, sign up on the roster to speak on a specific agenda item. • Review these tips for commenting during a public meeting or hearing: https://bit.ly/WRPublicHearings 4. TO VIEW THE MEETING LIVE OR LATER The meeting will be live streamed and archived for viewing at: • www.wheatridgespeaks.org (watch here to follow along with the agenda packet) • Channel 8 on your Comcast feed • YouTube Live www.ci.wheatridge.co.us/view 2 HELPFUL TIPS FOR A GOOD VIRTUAL MEETING EXPERIENCE • If joining through the web, log on 5 minutes before the start of the meeting, since some online products require downloads and installation. • State your name when you speak. • Turn off nearby cell phones, if you are using a computer to connect. • Please use a headset or earbuds. • Only have the virtual meeting application open on your computer. If you are running other programs like email or have additional websites open in your browser, it will interfere with your ability to hear or see the information. Close all other applications and windows when participating. • Please limit distractions when possible. Be aware of background noise. • Video streaming is a relatively new technology. Some things to be mindful of when connecting with your computer/tablet or smart phone. - If your computer/tablet or smart phone is older than 2015 it is recommended that you use a landline/standard telephone to dial into the virtual meeting number to ensure that you can hear the meeting clearly. - Internet service minimum needs to be 40-50 Mbps for best results with a virtual meeting. - Depending on the Internet speed and service in your neighborhood, the most reliable way to participate in the meeting is to call the phone number provided, rather than joining the meeting though the web link. CASE NUMBER: ZOA-25-1 DATE: April 17, 2025 PLANNING COMMISSION STAFF REPORT AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS REGARDING FREESTANDING EMERGENCY DEPARTMENTS ☒PUBLIC HEARING ☐QUASI-JUDICIAL ☒LEGISLATIVE ☒RECOMMENDATION TO CITY COUNCIL ☐FINAL ACTION BY PLANNING COMMISSION ENTER INTO RECORD: ☒CASE FILE AND PACKET MATERIALS ☐ZONING ORDINANCE ☐COMPREHENSIVE PLAN ☐DIGITAL PRESENTATION ACTION REQUESTED: The item under consideration is to amend Chapter 26 of the Wheat Ridge Code of Laws to allow as a conditional use freestanding emergency room facilities in the MU-C (Mixed Use – Commercial) zone district. The draft proposed ordinance is attached. Notice for this public hearing was provided pursuant to the Code of Laws. BACKGROUND: The City Council discussed the proposed code amendment at their March 3, 2025, and directed staff to proceed with preparing an ordinance for consideration. HCA HealthONE (the operator of Rose hospital and other metro area facilities) is proposing a medical campus on property zoned MU-C at the northwest corner of West 38th Avenue and Wadsworth Boulevard. The campus would include medical office uses as well as a freestanding emergency room facilities (also known as a freestanding emergency room or freestanding emergency department). HCA HealthONE is under contract to purchase the vacant Midas building from the City and the surrounding Wilmore Center. Planning Commission Staff Report – Freestanding Emergency Departments April 17, 2025 Page 2 Current Code The property at W. 38th Ave. and Wadsworth Blvd. is zoned Mixed Use-Commercial (MU- C) which allows for medical office uses. Based on a prohibition that dates back to 2015, however, MU-C zoning does not allow for freestanding emergency rooms (ERs). With the Lutheran hospital’s move to the west side of the city, staff believe it is an appropriate time to reevaluate the prohibition. In 2015, the term “freestanding emergency room” did not appear in the municipal code. Related terms in the code included “medical office/clinic” and “hospital,” the latter of which is defined in the code: Hospital. An institution providing health services for patients suffering from illness, disease, injury, deformation and other abnormal physical or mental conditions, including as an integral part of the institution such related facilities as inpatient and outpatient care, laboratories, training facilities, central service facilities and staff offices. A code interpretation in 2015 determined that freestanding ERs were allowed only where hospitals were permitted based on ERs being more similar to hospitals than medical office buildings. This would have permitted a freestanding ER in the MU-C zone district where hospitals are permitted as conditional uses. Also in 2015, a zone change application was submitted for a property on Wadsworth south of 38th Avenue requesting a rezone to MU-C for the purpose of establishing a freestanding emergency department. The application was denied by the Planning Commission and withdrawn before going to the City Council. At the time, freestanding ERs were prevalent in local news because of their rapid proliferation throughout Colorado and a lack of transparency in billing practices. The Colorado Legislature was evaluating potential action to protect consumers, and City Council adopted a series of moratoriums from 2016 to 2018 allowing time to evaluate the land use and any potential state action. Council evaluated a range of regulatory approaches, and in 2018 ultimately decided to create code Section 26-643, defining and prohibiting freestanding emergency rooms throughout the city. That section reads: Sec. 26-643. - Freestanding emergency room facilities. A. For purposes of this section, freestanding emergency room facilities shall mean and include a medical facility that is not physically attached to a hospital facility that has the capability of providing medical care and services to patients with emergency medical conditions in a manner similar to emergency rooms located within hospitals. Features of a freestanding emergency room facility may include, Planning Commission Staff Report – Freestanding Emergency Departments April 17, 2025 Page 3 but are not limited to, expanded hours of operation, drive-lanes or vehicle bays to accommodate ambulance arrivals and departures, board-certified emergency physicians, board-certified emergency nurses, on-site lab and imaging capabilities and similar equipment, services and treatments not commonly available in urgent-care facilities. B. The use of freestanding emergency room facilities, as defined in this section, is strictly prohibited in all zone districts within the city. This decision was based in part on the small size of Wheat Ridge and the centrally located Lutheran Hospital at the former medical campus at 8300 W. 38th Avenue. Medical uses in the City’s base zone districts are summarized in the table below. The former and current Lutheran Hospital were both part of planned development zone districts. Table of Medical Uses by Zone District (P = Permitted, C = Conditional, NP = Not Permitted) NC RC C-1 C-2 I-E MU-N MU-C MU-C TOD MU-C Int MU- LLC Medical Office P P P P P P P P P Varies by sub- district Hospital NP NP NP NP NP NP C C C NP Freestanding ER NP NP NP NP NP NP NP NP NP NP Proposed Zoning Code Amendment With changes to state law, the move of Lutheran Hospital, and the request by Rose Medical; the attached ordinance proposed a new approach to freestanding ERs. They could be allowed and limited through conditionally allowing them in the MU-C zone district only if located on a minimum size site. This would limit proliferation of freestanding ERs and could be achieved by modifying the code related to freestanding ERs as well as the permitted use chart: Sec. 26-643. - Freestanding emergency room facilities. A. For purposes of this section, freestanding emergency room facilities shall mean Planning Commission Staff Report – Freestanding Emergency Departments April 17, 2025 Page 4 and include a medical facility that is not physically attached to a hospital facility that has the capability of providing medical care and services to patients with emergency medical conditions in a manner similar to emergency rooms located within hospitals. Features of a freestanding emergency room facility may include, but are not limited to, expanded hours of operation, drive-lanes or vehicle bays to accommodate ambulance arrivals and departures, board-certified emergency physicians, board-certified emergency nurses, on-site lab and imaging capabilities and similar equipment, services and treatments not commonly available in urgent-care facilities. B. The use of freestanding emergency room facilities, as defined in this section, is strictly prohibited in all zone districts within the city. Where permitted by the table of uses in Sections 26-204 and 26-1111, freestanding emergency rooms must be co-located with other medical uses (such as office, clinic, and laboratory uses) on a site of at least five (5) acres in size. Table of Medical Uses by Zone District (P = Permitted, C = Conditional, NP = Not Permitted) NC RC C-1 C-2 I-E MU-N MU-C MU-C TOD MU-C Int MU- LLC Medical Office P P P P P P P P P Varies by sub- district Hospital NP NP NP NP NP NP C C C NP Freestanding ER NP NP NP NP NP NP C NP NP NP The attached ordinance makes these changes and also updates language to the contemporary terminology of “freestanding emergency department” or FSED. This is the term established by the Colorado Legislature when they enacted mandatory licensure of freestanding ERs through HB16-1010. RECOMMENDED MOTION: “I move to recommend approval of the proposed ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding freestanding emergency departments.” Planning Commission Staff Report – Freestanding Emergency Departments April 17, 2025 Page 5 REPORT PREPARED/REVIEWED BY: Jana Easley, Planning Manager Lauren Mikulak, Community Development Director EXHIBITS: 1. Vicinity Map 2. Draft Ordinance Planning Commission Staff Report – Freestanding Emergency Departments April 17, 2025 Page 6 EXHIBIT 1: LOCATION MAP AS AERIAL PHOTOGRAPH OF SITE Planning Commission Staff Report – Freestanding Emergency Departments April 17, 2025 Page 7 EXHIBIT 2: DRAFT ORDINANCE CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ____ COUNCIL BILL NO. ____ ORDINANCE NO. ____ Series 2025 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS REGARDING FREESTANDING EMERGENCY DEPARTMENTS WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. §§ 31-15-501 and 31- 23-301, et seq., the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, pursuant to this authority, the Council previously adopted regulations concerning freestanding emergency room facilities, codified within Chapter 26 of the Wheat Ridge Code of Laws (“Code”); and WHEREAS, City Staff have recommended certain amendments to code section 26-643 and the table of uses in code section 26-1111 to conditionally allow freestanding emergency departments in the Mixed Use-Commercial (MU-C) zone district; and WHEREAS, the Council finds that these amendments are necessary to ensure the continued effective regulation of freestanding emergency departments within the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-643 of the Code, regarding freestanding emergency departments is hereby amended as follows: Sec. 26-643. - Freestanding emergency room facilities departments. C. For purposes of this section, freestanding emergency room facilities departments shall mean and include a medical facility that is not physically attached to a hospital facility that has the capability of providing medical care and services to patients with emergency medical conditions in a manner similar to emergency rooms located within hospitals. Features of a freestanding emergency room facility department may include, but are not limited to, expanded hours of operation, drive-lanes or vehicle bays to accommodate ambulance arrivals and departures, board-certified emergency physicians, board-certified emergency nurses, on-site lab and imaging capabilities and Planning Commission Staff Report – Freestanding Emergency Departments April 17, 2025 Page 8 similar equipment, services and treatments not commonly available in urgent-care facilities. D. The use of freestanding emergency room facilities, as defined in this section, is strictly prohibited in all zone districts within the city. Where permitted by the table of uses in sections 26-204 and 26-1111, freestanding emergency departments must be co-located with other medical uses (such as office, clinic, and laboratory uses) on a site of at least five (5) acres in size . Section 2. Subsection 26-204.C of the Code is hereby amended as follows in the “Table of Uses—Commercial and Industrial Districts”: Uses Notes NC RC C-1 C-2 I-E […] Freestanding emergency room facilities departments Section 3. Subsection 26-1111.B of the Code, regarding permitted uses in the mixed use zone districts, is hereby amended as follows: Use Group MU-C MU-C Interstate MU-C TOD MU-N […] Public, Civic, and Institutional Freestanding emergency room facilities departments (see § 26-643) NP C NP NP NP 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. Planning Commission Staff Report – Freestanding Emergency Departments April 17, 2025 Page 9 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 __ day of ____ 2025, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for ____ __, 2025 at 6:30 p.m., as a virtual meeting and 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 ____, 2025. SIGNED by the Mayor on this _____ day of ____________, 2025. _______________________________ Bud Starker, Mayor ATTEST: _______________________________ Margy Greer, Senior Deputy City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: Second Publication: Effective Date: Jeffco Transcript and www.ci.wheatridge.co.us CASE NUMBER: ZOA-25-2 DATE: April 17, 2025 PLANNING COMMISSION STAFF REPORT AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS REGARDING RESIDENTIAL OCCUPANCY LIMITS AND MAKING CONFORMING AMENDMENTS THEREWITH ☒PUBLIC HEARING ☐QUASI-JUDICIAL ☒LEGISLATIVE ☒RECOMMENDATION TO CITY COUNCIL ☐FINAL ACTION BY PLANNING COMMISSION ENTER INTO RECORD: ☒CASE FILE AND PACKET MATERIALS ☐ZONING ORDINANCE ☐COMPREHENSIVE PLAN ☐DIGITAL PRESENTATION ACTION REQUESTED: The item under consideration is to amend Chapter 26 of the Wheat Ridge Code of Laws to update residential occupancy limits to comply with state legislation and a recent update to the City Charter. The draft proposed ordinance is attached. Notice for this public hearing was provided pursuant to the Code of Laws. BACKGROUND: The City Council discussed the proposed code amendment at their March 17, 2025 study session, and directed staff to proceed with preparing an ordinance for consideration. The ordinance was prepared by the City Attorney and the Planning Division. The State of Colorado Legislature passed several bills in the 2024 Legislative Session related to land use and housing. House Bill (HB) 24-1007, titled “Prohibit Residential Occupancy Limits”, prohibits municipalities from limiting the number of people who may live together in a single dwelling unit based on familial relationships and whether or not persons are related. Occupancy can still be regulated based on health and safety standards, such as building codes or fire codes to prevent overcrowding, or any applicable affordable housing program guidelines. This bill took effect on July 1, 2024. Planning Commission Staff Report – Residential Occupancy Limits April 17, 2025 Page 2 As a response to this bill, the City Charter was modified by voters as part of ballot measure 2B in November 2024 to remove references to “family unit” within the Charter and to remove the limit on three (3) unrelated persons living together as a single housekeeping unit. The approval of 2B put the City Charter in compliance with the state law, but other portions of the code that reference family units were not updated. Current Code References to “family” or “family unit” remain in Chapter 26, including a definition of “family” and a few definitions which rely on the term “family” to calculate a maximum number of residents. Additionally, the code has a section on Occupancy Limits (section 26-638) which includes a limit on three (3) unrelated persons living together. In order to be compliant with the state law and the Charter, these provisions must be removed. Proposed Zoning Code Amendment The proposed code amendment updates the occupancy limits to be based on the maximum permitted by the applicable adopted building codes or applicable state or federal regulations. This removes a specific, yet arbitrary, number from the code and instead bases the occupancy limit on health and safety standards to be compliant with state law. Section 26-638 will be significantly simplified as a result. Group homes are subject to a different standard including some occupancy limits as defined in Section 26-612; no standards for group homes are changing as part of this ordinance. The definition of “family” will also be removed from the zoning code as it contains the limit on three (3) unrelated persons and other restrictions not legal under state law. The definition can be removed because no other definitions will rely on “family” after this code amendment and it is not necessary to preserve in the zoning code. In 2022, a code amendment already removed many other references to family in favor of “dwelling unit.” The definition of “congregate care home” will be modified to remove the reference to “family unit.” The definition of “rooming/boarding” will be removed as it relies on a number of residents in a “family.” This term is not relevant anymore since the city adopted short-term rental (STR) regulations in 2021 which distinguishes between short- term rentals (less than 30 days) and long-term rentals (30 days or more). Finally, the bed and breakfast requirements in Section 26-608 will be updated to remove a reference to family and rooming/boarding. Staff do not have concerns with these changes, notably because occupancy limits based on familial relation were challenging to enforce and difficult to prove. Additionally, placing an arbitrary limit on the number of unrelated individuals at three (3) may have the effect on not filling bedrooms in a larger home or limiting housing options. Further, the group home regulations will remain in effect which may limit the impacts of those types of living situations on neighborhoods. The proposed code Planning Commission Staff Report – Residential Occupancy Limits April 17, 2025 Page 3 changes put the code into compliance with the state law and the Charter; it is best practice that all parts of the city code and Charter match. RECOMMENDED MOTION: “I move to recommend approval of the proposed ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding residential occupancy limits and making conforming amendments therewith.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Senior Planner Jana Easley, Planning Manager Lauren Mikulak, Community Development Director EXHIBITS: 1. Draft Ordinance Section 1. Section 26-123 of the Wheat Ridge Code of Laws, defining certain terms applicable to Chapter 26 of the Code, is hereby amended as follows: Family. One (1) or more persons related by blood, marriage, adoption, or legal custody plus domestic servants employed for service on the premises, or a group of not more than three (3) persons who need not be so related living together as a single housekeeping unit. Four (4) or five (5) unrelated people sixty (60) years of age or over sharing one (1) housekeeping unit shall also be deemed to be a family. A family shall not include more than one (1) person required to register as a sex offender pursuant to C.R.S. § 18-3-412.5, as amended, unless related by blood, marriage, adoption, or legal custody. Residential group homes. … (c) Congregate care home: A residential facility established for the exclusive use of elderly persons, sixty (60) years or older, where intermediate nursing care may or may not be available, and where living and sleeping quarters are provided for individuals or couples; where, however, kitchen facilities are not provided. Meals are prepared by a central kitchen and may be served in a central dining room or taken in the living quarters. For the purpose of meeting the residential density provisions of the Wheat Ridge Home Rule Charter, each three (3) persons, based upon maximum designed occupancy load, shall constitute one (1) family unit. Rooming/boarding. An accessory use to a dwelling, where in addition to a family, as defined herein, not more than two (2) persons not related to the family are provided lodging for compensation, with or without meals, either paid directly or indirectly, and on a contract basis for not less than thirty (30) days. Section 2. Subsection 26-204.C of the Code is hereby amended as follows in the “Table of Uses—Residential” Accessory Uses for Residential Districts, by removing the rooming/boarding use from the table: Accessory Uses For Residential Districts Notes Rooming and/or boarding of not more than 2 persons On a contract basis for not less than 7 days Section 3. Subsection 26-204.C of the Code is hereby amended as follows in the “Table of Uses—Agricultural and Public Facilities” Agricultural and Public Facilities Districts Accessory Uses, by removing the rooming/boarding use from the table: Agricultural and Public Facilities Districts Accessory Uses Notes Rooming and/or boarding for not more than 2 persons On a contract basis for not less than 7 days Section 4. Section 26-608 of the Wheat Ridge Code of Laws, regulating bed and breakfast rooms, is hereby amended as follows: Bed and breakfast rooms are allowed as a special use as a subordinate use of a single detached dwelling subject to the following requirements: A. The dwelling must be occupied by the owner. B. In addition to the owner’s sleeping quarters and those of the family who also legally reside within the dwelling, uUp to a maximum of four (4) additional sleeping quarters for transient occupancy may be provided for rent based upon the following requirements: 1. …. …. 4. Additional rooming and boarding is excluded as an accessory use where a bed and breakfast use has been approved. Section 5. Section 26-638 of the Wheat Ridge Code of Laws, regulating occupancy limits of residential dwelling units, is hereby amended as follows: A. Except as provided in subsections B. and E. hereof, the maximum occupancy allowed per dwelling unit in a single-unit, two-unit, or multi-unit dwelling shall be either:shall not exceed the maximum permitted by the applicable adopted building codes adopted or amended by the City of Wheat Ridge as set forth in chapter 5 of the Code, or by any applicable state or federal law or regulation, or by affordable housing guidelines applicable to the dwelling unit. 1. One (1) family, as defined by section 26-123 of this Code, and not more than one (1) additional person; or 2. Two (2) adults and their dependents, if any, and not more than one (1) additional person. B. Exceptions. The following shall be exempt from thesubject to different maximum occupancy limits than those established in subection A. above: 1. Residential group homes that conform to the requirements of section 26- 612 of this Code; and. 2. Dwellings owned and operated by a nonprofit organization incorporated under the laws of this state for the purpose of providing housing to victims of domestic violence as such is defined in C.R.S. § 18-6-800.03. C. A violation of this section shall be proven by a preponderance of the evidence as a civil matter for which imprisonment shall not be imposed. The owner and any other person responsible for the management or control of a dwelling unit shall be liable for allowing occupancy in excess of this section if he or she they knew, or through reasonable diligence should have known, that a violation of this section was occurring. D. Definitions. The following words, terms and phrases when used in this section, shall have the following meanings: 1. Adult shall mean any person eighteen (18) years of age or older who is not a dependent. 2. Dependent shall mean the biological child of an adult occupying a dwelling unit, or a person related to an adult by reason of adoption, guardianship or other duly authorized custodial relationship, who receives financial support from the adult and who resides with the adult in the dwelling unit at least three (3) calendar months in a calendar year. 3. Occupancy or occupy shall mean the use of a dwelling unit or any portion thereof for living and sleeping purposes by a person acting in any of the following capacities: a. As an owner of the unit; b. As a tenant under an express or implied lease or sublease of the unit or of any portion thereof; c. As the dependent of such an owner or tenant; or d. As a guest or invitee of the owner, property manager, lessee or sublessee of the unit or of the dependent of any of the same, if such guest or invitee stays overnight at the unit a total of thirty (30) or more days within any twelve-month period. E. Nothing in this section shall operate to amend, abrogate or otherwise affect the validity of occupancy limitations as applied to building standards and regulations of the city, as set forth in Chapter 5 of this Code, including all technical codes adopted by reference therein. In the event of a conflict between two (2) applicable occupancy standards, the stricter (lower) occupancy limit shall apply. CASE NUMBER: ZOA-25-3 DATE: April 17, 2025 PLANNING COMMISSION STAFF REPORT AN ORDINANCE AMENDING SECTION 26-646 OF THE WHEAT RIDGE CODE OF LAWS REGARDING ACCESSORY DWELLING UNITS AND MAKING CONFORMING AMENDMENTS THEREWITH ☒PUBLIC HEARING ☐QUASI-JUDICIAL ☒LEGISLATIVE ☒RECOMMENDATION TO CITY COUNCIL ☐FINAL ACTION BY PLANNING COMMISSION ENTER INTO RECORD: ☒CASE FILE AND PACKET MATERIALS ☐ZONING ORDINANCE ☐COMPREHENSIVE PLAN ☐DIGITAL PRESENTATION ACTION REQUESTED: The item under consideration is to amend Chapter 26 of the Wheat Ridge Code of Laws to update Accessory Dwelling Unit (ADU) requirements to comply with state legislation and recent policy direction from City Council. The draft proposed ordinance is attached. Notice for this public hearing was provided pursuant to the Code of Laws. BACKGROUND: The City Council discussed the proposed code amendment at their March 17, 2025 study session, and directed staff to proceed with preparing an ordinance for consideration. The ordinance was prepared by the Planning Division with input from the City Attorney. The State of Colorado Legislature passed several bills in the 2024 Legislative Session related to land use and housing. House Bill (HB) 24-1152, titled “Accessory Dwelling Units”, requires municipalities to allow ADUs on any property containing a single-unit home and requires an administrative approval process for ADUs. The bill also includes provisions ensuring communities are not being overly restrictive on ADUs including arbitrary restrictions on size, setbacks, and design. The bill takes effect on June 30, 2025 and requires cities to submit a report demonstrating compliance by that date. Planning Commission Staff Report – ADU Updates April 17, 2025 Page 2 The city is largely in compliance with the requirements of HB24-1152, as the city adopted ADU regulations in August 2022 which allow ADUs as a use-by-right on any property containing a single-unit dwelling. There are only three provisions where the city regulations partially comply: size of ADU, owner occupancy, and planned developments. Size of ADU: The bill requires that ADUs are always allowed between 500 to 750 square feet in size, to ensure that an ADU is large enough to accommodate one bedroom and adequate kitchen and bathing facilities. The city’s ADU size restrictions are based directly on the size of the primary dwelling, so an ADU is limited to 50% of the square footage of the primary dwelling, or 1,000 square feet, whichever is less. Under this approach, if a primary dwelling is under 1,000 square feet (which exists in Wheat Ridge), the ADU allowance is less than 500 square feet. To comply with the state law, the ordinance proposes changes to allow an ADU of at least 500 to 750 square feet in size. Cities can still limit the maximum size of an ADU to be no larger than the size of the primary dwelling, which the ordinance includes. Owner Occupancy: The bill generally prohibits owner occupancy requirements for ADUs with the goal of removing barriers to ADU construction and financing. The code currently requires owner occupancy for all ADUs, meaning that the owner of the property must live in either the main house or the ADU, to be demonstrated by recording a deed restriction against the property stating the owner must live on site. However, HB24-1152 prevents that blanket approach to owner occupancy and instead presents three scenarios. • Scenario 1: For a new single-unit home being constructed concurrently with a new ADU, cities cannot require owner occupancy. The proposed ordinance will remove the requirement for owner occupancy in this scenario. • Scenario 2: For an ADU being used as a short-term rental, cities can enforce owner occupancy. The proposed ordinance will retain the owner occupancy requirements for STRs and clarify that ADUs are considered partial-home rentals which require the owner to be on site. • Scenario 3: For a new ADU being constructed/converted on a lot with an existing primary dwelling that is currently occupied, cities may require evidence of owner occupancy only at time of application for the ADU. The bill prevents a city from enforcing owner occupancy after the permit is issued and deed restrictions are not allowed. This category would also apply to existing nonconforming ADUs. The proposed ordinance will remove the requirement for owner occupancy in this scenario; see discussion in the next paragraph below. After discussion with Council about Scenario 3, the ordinance will not require proof of owner occupancy at time of submittal because it is unenforceable after. Staff recognize the importance of requiring owner occupancy as part of the original 2022 ADU ordinance. However, after over 2.5 years of implementing the ADU ordinance and approving ADU applications with the required deed restrictions and demonstration of Planning Commission Staff Report – ADU Updates April 17, 2025 Page 3 owner occupancy, there are some lessons learned about the efficacy of these requirements. ADUs have not proliferated to date, and staff believe that without an owner occupancy requirement, ADUs would still not widely proliferate due to other factors including construction and labor costs and tap fees for new ADUs. In practice, tracking down owners to sign deed restrictions has been challenging, and it is nearly impossible to enforce owner occupancy requirements particularly after a property is sold. Notably, state law prohibits the city from requiring a deed restriction that is recorded with the land requiring owner occupancy of the primary dwelling or ADU in perpetuity. The question becomes whether the city wants to invoke the narrow state allowance to require owner occupancy at the moment in time when an ADU application is submitted, and Council chose not to go in that direction. Planned Developments: The bill requires ADUs to be allowed in all existing/approved Planned Developments (PD) where single-unit dwellings are allowed; in effect, this treats PDs the same as standard zoning districts. The city’s current regulations require ADUs to be allowed in new PDs where single-unit dwellings are allowed, but did not apply this retroactively to previously approved (i.e., existing PDs). ADUs in PDs would still be required to meet the development standards of the PD in which they are located, including setbacks, height restrictions, and reasonable design standards if applicable. Summary of Proposed Code Amendment The ordinance makes the following changes: • Updates Section 26-646 (ADUs): o Clarifies size restrictions of ADUs to allow ADUs within 500-750 square feet in all circumstances as long as they remain smaller than the main house, and clarifies maximum footprints of detached ADU structures o Removes owner occupancy requirements for ADUs (except those containing STRs) and deletes the sections on deed restrictions • Updates planned development regulations in Article III to allow ADUs in all planned developments where single-unit dwellings exist, not just planned developments approved after 2022 • Revises the development standards charts in Article II to add a footnote regarding size of ADUs RECOMMENDED MOTION: “I move to recommend approval of the proposed ordinance amending Section 26-646 of the Wheat Ridge Code of Laws regarding accessory dwelling units and making conforming amendments therewith.” Planning Commission Staff Report – ADU Updates April 17, 2025 Page 4 REPORT PREPARED/REVIEWED BY: Scott Cutler, Senior Planner Jana Easley, Planning Manager Lauren Mikulak, Community Development Director EXHIBITS: 1. Draft Ordinance Section 1. Section 26-205.B (Residential-One District (R-1)) of the Wheat Ridge Code of Laws is amended by creating a new footnote (g) pertaining to the size of accessory dwelling units: B. Development standards: Maximum Height (f) Maximum Building Coverage Minimum Lot Area Minimum Lot Width Minimum Front Yard Setback (a) Minimum Side Yard Setback (b) Minimum Rear Yard Setback (b) Principal Buildings Single detached dwelling 35' 25% 12,500 sf 100' 30' (c) 15' 15' Group home 35' 25% 12,500 sf 100' 30' (c) 15' 15' Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 25% 1 acre 200' 30' (c) 15' (e) 20' Accessory Buildings (d) Major 15' 1,000 sf N/A N/A 30' (c) 15' 15' Minor 10' 200 sf N/A N/A 30' (c) 5' 5' Accessory dwelling unit, detached 25’ Floor area limited to 50% of principal, or 1,000 sf, whichever is less (g) N/A N/A 30’ (c) 15’ 15’ All Other Uses 35' 25% 12,500 sf 100' 30' (c) 5' (e) 15' Notes: (a) Front setback reductions may be allowed in accordance with Section 26-611. (b) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half. (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (d) See Section 26-625 for additional regulations pertaining to accessory buildings. (e) Fifteen-foot setback for the first story and five (5) feet for each additional story. (f) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted. (g) See Section 26-646.B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs. Section 2. Section 26-206.B (Residential-One A District (R-1A)) of the Wheat Ridge Code of Laws is amended by creating a new footnote (g) pertaining to the size of accessory dwelling units: B. Development standards: Maximum Height (f) Maximum Building Coverage Minimum Lot Area Minimum Lot Width Minimum Front Yard Setback (a) Minimum Side Yard Setback (b) Minimum Rear Yard Setback (b) Principal Buildings Single detached dwelling 35' 30% 9,000 sf 75' 25’ (c) 10' 15' Group home 35' 30% 9,000 sf 75' 25’ (c) 10' 15' Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 30% 1 acre 200' 25’ (c) 15' (e) 20' Accessory Buildings (d) Major 15' 1,000 sf N/A N/A 25’ (c) 5' if <= 10’ in height; 10' if > 10’ in height 5' if <= 10’ in height; 10' if > 10’ in height Minor 10' 400 sf N/A N/A 25’ (c) 5' 5' Accessory dwelling unit, detached 25’ Floor area limited to 50% of principal, or 1,000 sf, whichever is less (g) N/A N/A 25’ (c) 5’ if ≤ 10’ in height, 10’ if > 10’ in height 5’ if ≤ 10’ in height, 10’ if > 10’ in height All Other Uses 35' 30% 9,000 sf 75' 25’ (c) 10' 15' Notes: (a) Front setback reductions may be allowed in accordance with Section 26-611. (b) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half. (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (d) See Section 26-625 for additional regulations pertaining to accessory buildings. (e) Fifteen-foot setback for the first story and five (5) feet for each additional story. (f) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted. (g) See Section 26-646.B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs. Section 3. Section 26-207.B (Residential-One B District (R-1B)) of the Wheat Ridge Code of Laws is amended by creating a new footnote (i) pertaining to the size of accessory dwelling units: B. Development standards: Maximum Height (h) Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (c) Minimum Rear Yard Setback (c) Principal Buildings Single detached dwelling 35' 40% 7,500 sf 60' 25’ (d) 5' (e) 10' Maximum Height (h) Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (c) Minimum Rear Yard Setback (c) Group home 35' 40% 7,500 sf 60' 25’ (d) 5' (e) 10' Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 40% 1 acre 200' 25’ (d) 15' (g) 20' Accessory Buildings (f) Major 15' 600 sf N/A N/A 25’ (d) 5' 5' if <= 10’ in height; 10' if > 10’ in height Minor 10' 300 sf N/A N/A 25’ (d) 5' 5' Accessory dwelling unit, detached 25’ Floor area limited to 50% of principal, or 1,000 sf, whichever is less (i) N/A N/A 25’ (d) 5’ 5’ if ≤ 10’ in height, 10’ if > 10’ in height All Other Uses 35' 40% 9,000 sf 60' 25’ (d) 5' (e) 10' Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half. (d) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (e) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. (f) See Section 26-625 for additional regulations pertaining to accessory buildings. (g) Fifteen-foot setback for the first story and five (5) feet for each additional story. (h) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted. (i) See Section 26-646.B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs. Section 4. Section 26-208.B (Residential-One C District (R-1C)) of the Wheat Ridge Code of Laws is amended by creating a new footnote (g) pertaining to the size of accessory dwelling units: B. Development standards: Maximum Height (f) Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (c) Minimum Rear Yard Setback (c) Principal Buildings Single detached dwelling 35' 40% 5,000 sf 50' 20’ (d) 5' 5’ Maximum Height (f) Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (c) Minimum Rear Yard Setback (c) Group home 35' 40% 5,000 sf 50' 20’ (d) 5' 5' Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 40% 1 acre 200' 20’ (d) 15' 20' Accessory Buildings (e) Major 15' 600 sf N/A N/A 20’ (d) 5' 5' Minor 10' 300 sf N/A N/A 20’ (d) 5' 5' Accessory dwelling unit, detached 25’ Floor area limited to 50% of principal, or 1,000 sf, whichever is less (g) N/A N/A 20’ (d) 5’ 5’ All Other Uses 35' 40% 9,000 sf 60' 20’ (d) 5' (e) 10' Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty (20) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half. (d) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (e) See Section 26-625 for additional regulations pertaining to accessory buildings. (f) Bulk plane regulations shall apply in accordance with Section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted. (g) See Section 26-646.B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs. Section 5. Section 26-209.B (Residential-Two District (R-2)) of the Wheat Ridge Code of Laws is amended by creating a new footnote (i) pertaining to the size of accessory dwelling units: B. Development standards: Maximum Height (h) Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (c) Minimum Rear Yard Setback (c) Principal Buildings Single detached dwelling 35' 40% 9,000 sf 75' 25’ (d) 5' (e) 10' Duplex dwelling 35' 40% 12,500 sf 100' 25’ (d) 5' per story (e) 10' Group home 35' 40% 9,000 sf 75' 25’ (d) 5' per story (e) 10' Maximum Height (h) Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (c) Minimum Rear Yard Setback (c) Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 40% 1 acre 200' 25’ (d) 15' (g) 20' Accessory Buildings (f) Major 15' 1,000 sf per unit N/A N/A 25’ (d) 5' 5' if <= 10’ in height; 10' if > 10’ in height Minor 10' 400 sf N/A N/A 25’ (d) 5' 5' Accessory dwelling unit, detached 25’ Floor area limited to 50% of principal, or 1,000 sf, whichever is less (i) N/A N/A 25’ (d) 5’ 5’ if ≤ 10’ in height; 10’ if > 10’ in height All Other Uses 35' 40% 9,000 sf 75' 25’ (d) 5' (e) 10' Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half. (d) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (e) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. (f) See Section 26-625 for additional regulations pertaining to accessory buildings. (g) Fifteen-foot setback for the first story and five (5) feet for each additional story. (h) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted. (i) See Section 26-646.B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs. Section 6. Section 26-210.B (Residential-Two A District (R-2A)) of the Wheat Ridge Code of Laws is amended by creating a new footnote (j) pertaining to the size of accessory dwelling units: B. Development standards: Maximum Height (i) Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (c) Minimum Rear Yard Setback (c) Principal Buildings Single detached dwelling 35' 40% 7,500 sf 60’ 25’ (d) 5' (d) 10' Duplex dwelling 35' 40% 9,000 sf 75' 25’ (d) 5' per story 10' Maximum Height (i) Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (c) Minimum Rear Yard Setback (c) Multi-unit dwelling (3/more dwelling units) (h) 35' 40% 13,050 sf (e) 100' 25’ (d) 5' per story 10' for one or two story buildings; 15' for three story Group home 35' 40% 9,000 sf 75' 25’ (d) 5' per story 10' Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 40% 1 acre 200' 25’ (d) 15' (f) 20' Accessory Buildings (g) Major 15' 600 sf (per unit) N/A N/A 25’ (d) 5' 5' if <= 10’ in height; 10' if > 10’ in height Minor 10' 400 sf/4 d.u. N/A N/A 25’ (d) 5' 5' Accessory dwelling unit, detached 25’ Floor area limited to 50% of principal, or 1,000 sf, whichever is less (j) N/A N/A 25’ (d) 5’ 5’ if ≤ 10’ in height; 10’ if > 10’ in height All Other Uses 35' 40% 9,000 sf 75' 25’ (d) 5' 10' Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures, with the following exception: For Corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half. (d) Front setbacks for one-or two-unit dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (e) A minimum of four thousand three hundred fifty (4,350) square feet of land area shall be required for each dwelling unit for multi-unit buildings. (f) Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) See Section 26-625 for additional regulations pertaining to accessory buildings. (h) Individual townhouse lots shall be exempt from minimum lot size, lot width, and interior side yard setback requirements, so long as the development parcel for the entire multi-unit townhouse building meets all standards of this section. See section 26-411.C regarding the required plat note for townhouse lots. (i) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted. (j) See Section 26-646.B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs. […] Section 7. Section 26-211.B (Residential-Three District (R-3)) of the Wheat Ridge Code of Laws is amended by creating a new footnote (j) pertaining to the size of accessory dwelling units: B. Development standards: Maximum Height (i) Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (d) Minimum Rear Yard Setback (d) Principal Buildings Single detached dwelling 35' 40% 7,500 sf 60' 25’ (e) 5' 10' Duplex dwelling 35' 40% 9,000 sf 75' 25’ (e) 5' per story 10' Multi-unit dwelling (3/more dwelling units) 35' 40% 12,500 sf (f) 100' 25’ (e) 15' (c) 15' (c) Group home 35' 40% 9,000 sf 75' 25’ (e) 5' per story 10' Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 40% 1 acre 200' 25’ (e) 15' (c) 20' Accessory Buildings (g) Major 15' 600 sf (per unit) N/A N/A 25’ (e) 5' 5' if <= 10’ in height; 10' if > 10’ in height Minor 10' 400 sf/4 d.u. N/A N/A 25’ (e) 5' 5' Accessory dwelling unit, detached 25’ Floor area limited to 50% of principal, or 1,000 sf, whichever is less (j) N/A N/A 25’ (e) 5’ 5’ if ≤ 10’ in height; 10’ if > 10’ in height All Other Uses 35' 40% 7,500 sf 60' 25’ (e) 5’ per story 10' Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Side and rear yard setback shall be fifteen (15) feet for the first two (2) stories and an additional five (5) feet for each additional story over two (2) stories. (d) Any side or rear yard which abuts a public street shall have a minimum setback of twenty-five (25) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half. (e) Front setbacks for one-or two-unit dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (f) A minimum of three thousand six hundred thirty (3,630) square feet of land area shall be required for each dwelling unit for multi-unit buildings. (g) See Section 26-625 for additional regulations pertaining to accessory buildings. (h) Individual townhouse lots shall be exempt from minimum lot size, lot width, and interior side yard setback requirements, so long as the development parcel for the entire multi-unit townhouse building meets all standards of this section. See section 26-411.C regarding the required plat note for townhouse lots. (i) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted. (j) See Section 26-646.B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs. […] Section 8. Section 26-212.B (Residential-Three A District (R-3 A)) of the Wheat Ridge Code of Laws is amended by creating a new footnote (j) pertaining to the size of accessory dwelling units: B. Development standards: Maximum Height (i) Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (d) Minimum Rear Yard Setback (d) Principal Buildings Single detached dwelling 35' 40% 7,500 sf 60' 25’ (e) 5' 10' Duplex dwelling 35' 40% 9,000 sf 75' 25’ (e) 5' per story 10' Multi-unit dwelling (3/more dwelling units) (h) 35' 40% 12,500 sf (f) 100' 25’ (e) 15' (c) 15' (c) Group home 35' 40% 9,000 sf 75' 25’ (e) 5' per story 10' Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 40% 1 acre 200' 25’ 15' (c) 20' Accessory Buildings (g) Major 15' 600 sf (per unit) N/A N/A 25’ (e) 5' 5' if <= 10’ in height; 10' if > 10’ in height Minor 10' 400 sf/4 d.u. N/A N/A 25’ (e) 5' 5' Accessory dwelling unit, detached 25’ Floor area limited to 50% of principal, or 1,000 sf, whichever is less (j) N/A N/A 25’ (e) 5’ 5’ if ≤ 10’ in height; 10’ if > 10’ in height All Other Uses 35' 40% 7,500 sf 60' 25’ (e) 5’ per story 10' Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Side and rear yard setback shall be fifteen (15) feet for the first two (2) stories and an additional five (5) feet for each additional story over two (2) stories. (d) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half. (e) Front setbacks for one-or two-unit dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (f) A minimum of three thousand nine hundred sixty (3,960) square feet of land area shall be required for each dwelling unit for multi-unit buildings. (g) See Section 26-625 for additional regulations pertaining to accessory buildings. (h) Individual townhouse lots shall be exempt from minimum lot size, lot width, and interior side yard setback requirements, so long as the development parcel for the entire multi-unit townhouse building meets all standards of this section. See section 26-411.C regarding the required plat note for townhouse lots. (i) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted. (j) See Section 26-646.B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs. […] Section 9. Section 26-213.B (Agricultural-One District (A-1)) of the Wheat Ridge Code of Laws is amended by creating a new footnote (f) pertaining to the size of accessory dwelling units: B. Development standards: Maximum Height Maximum Building Coverage Minimum Lot Area (d) Minimum Lot Width Minimum Front Yard Setback Minimum Side Yard Setback (a) Minimum Rear Yard Setback (b) Principal Buildings Single detached dwelling 35' 25% 1 acre 140' 30’ (c) 15' 15' Group home 35' 25% 1 acre 140’ 30’ (c) 15’ 15’ Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 25% 1 acre 200' 30’ (c) 15' 20' Accessory Buildings (e) Major 35' 25% N/A N/A 30’ (c) 15' 5' Minor 35' 25% N/A N/A 30’ (c) 15’ 5' Accessory dwelling unit, detached 25’ Floor area limited to 50% of principal, or 1,000 sf, whichever is less (f) N/A N/A 30’ (c) 15’ 5’ All Other Uses 35' 25% 1 acre 140’ 30’ 15’ 15’ Notes: (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures, except where greater setbacks are specifically required. (c) Front setbacks for single-unit dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See figure 26-123.3) (d) Lots smaller than one (1) acre may be used only for residential purposes. (e) See Section 26-625 for additional regulations pertaining to accessory buildings. (f) See Section 26-646.B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs. Section 10. Section 26-214.B (Agricultural-Two District (A-2)) of the Wheat Ridge Code of Laws is amended by removing the existing footnote (d) which contains an error conflicting with the table and other Code requirements, appropriate re-lettering of remaining sections, and the addition of a new footnote (f) pertaining to the size of accessory dwelling units: B. Development standards: Maximum Height Maximum Building Coverage Minimum Lot Area (e)(d) Minimum Lot Width Minimum Front Yard Setback Minimum Side Yard Setback (a) Minimum Rear Yard Setback (b) Principal Buildings Single detached dwelling 35' 25% 1 acre 140' 30’ (c) 15' 15' Group home 35' 25% 1 acre 140’ 30’ (c) 15’ 15’ Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 25% 1 acre 200' 30’ (c) 15' 20' Accessory Buildings (f) (e) Major 35' 25% N/A N/A 30’ (c) 15' 5' Minor 35' 25% N/A N/A 30’ (d) 15’ 5' Accessory dwelling unit, detached 25’ Floor area limited to 50% of principal, or 1,000 sf, whichever is less (f) N/A N/A 30’ (c) 15’ 5’ All Other Uses 35' 25% 1 acre 140’ 30’ 15’ 15’ Notes: (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures, except where greater setbacks are specifically required. (c) Front setbacks for single-unit dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See figure 26-123.3) (d) Accessory buildings housing livestock (including poultry, kennels and rabbits) shall be set back one hundred (100) feet from the front property line. All other accessory buildings not listed shall have a minimum front setback of seventy-five (75) feet. (e) (d) Lots smaller than one (1) acre may be used only for residential purposes. (f) (e) See Section 26-625 for additional regulations pertaining to accessory buildings. (f) See Section 26-646.B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs. Section 11. Section 26-312.L of the Wheat Ridge Code of Laws, concerning planned residential development (PRD) district regulations, is hereby amended as follows: L. Any planned residential development approved on and after August 1, 2022, which allows single detached dwelling units as a primary use shall allow accessory dwelling units as an accessory use. Section 12. Section 26-316.B of the Wheat Ridge Code of Laws, concerning planned mixed use development (PMUD) district regulations, is hereby amended as follows: B. Permitted uses. Permitted uses shall be a mixture of residential and commercial uses governed by approval of the outline development plan. Extended stay lodging shall be permitted only in planned mixed use districts and planned commercial districts, and only as a special use subject to the standards in chapter 11, article XVI. Any planned mixed use development approved on and after August 1, 2022 which allows single detached dwelling units as a primary use shall allow accessory dwelling units as an accessory use. Section 13. Section 26-646.A of the Wheat Ridge Code of Laws concerning eligible zone districts for Accessory Dwelling Units is hereby amended as follows: A. Eligible zone districts: An accessory dwelling unit (ADU) shall be permitted as an accessory use to single detached dwellings in all residential and agricultural zone districts, the mixed use-neighborhood (MU-N) zone district, and portions of the mixed use-lutheran legacy campus (MU-LLC) zone district per the table of permitted uses (Table 5) in section 26-1410.B. Planned residential developments and planned mixed use developments that are approved on and after August 15, 2022 and that allow single detached dwelling units as a primary use shall also allow ADUs as an accessory use. Section 14. Section 26-646.B of the Wheat Ridge Code of Laws concerning development standards for Accessory Dwelling Units is hereby amended as follows: B. Development standards: … 3. Size: The floor area of an accessory dwelling unit shall not exceed fifty (50) percent of the gross floor area of the primary dwelling unit, or one thousand (1,000) square feet, whichever is more restrictive. As an exception to this rule, an attached accessory dwelling unit in a basement or second floor may exceed this allowance, provided the area does not exceed the area of the first floor of the same structure. a. The floor area of an accessory dwelling unit shall not exceed fifty (50) percent of the gross floor area of the primary dwelling unit, or one thousand (1,000) square feet, whichever is more restrictive. Regardless of this limit, ADUs shall always be permitted between five hundred (500) and seven hundred fifty (750) square feet in size, so long as the gross floor area of the ADU does not exceed that of the primary dwelling unit. b. As an exception, an attached accessory dwelling unit in a basement or second floor may exceed the size limitations, provided the area does not exceed the area of the first floor of the same structure. c. The maximum footprint of a detached ADU structure shall be one thousand (1,000) square feet. This footprint shall include the allotted floor area of the ADU, plus any other spaces attached to the ADU, such as a garage, carport, porch, or deck. … Section 15. Section 26-646.E of the Wheat Ridge Code of Laws concerning owner occupancy requirements for Accessory Dwelling Units is hereby amended as follows: E. Owner occupancyOccupancy and sale restrictions: 1. If the ADU is to be operated as a “partial-home” short-term rental as described in section 26-645, then Tthe property owner, as reflected in title records and evidenced by voter registration, vehicle registration or other similar means, must occupy either the primary dwelling unit or the ADU. 2.Deed restriction: As a condition of and prior to approval of an ADU, or issuance of building permit for the ADU (or at a later time if determined by the director as appropriate for the proposed initial or later use of the property), the property owner shall be required to execute a declaration of restrictions, binding upon successors and assigns, in a form approved by the city attorney, to be recorded by the city with the Jefferson County Clerk and Recorder, which requires that: a. The ADU shall not be sold separately from the primary dwelling unit, nor shall the lot on which it is situated be subdivided unless such subdivision can be accomplished in accordance with all provisions of this Code; b. The primary dwelling unit or the ADU shall be occupied by the property owner; and c. Failure to continuously comply with deed restrictions may subject the owner of the property to penalties provided for in this Code, including the revocation of the certificate of occupancy or completion. 2. The ADU shall not be sold separately from the primary dwelling unit, nor shall the lot on which it is situated be subdivided unless such subdivision can be accomplished in accordance with all provisions of this Code. 3. Removal of deed restriction: In the event the ADU is demolished or modified such that it no longer functions as an ADU, the community development director shall record appropriate documentation releasing such encumbrance upon written request of the property owner. Section 16. Section 26-646.F of the Wheat Ridge Code of Laws concerning nonconforming Accessory Dwelling Units is hereby amended as follows including the removal of 26.646.F.4 and renumbering the remaining subsection accordingly: A. Nonconforming properties: 1. Owners of property currently containing structures which may fall within the definition of ADU under section 26-123, are hereby granted the right to apply to the city for approval of the same until August 15, 2026. Following that date, and in absence of city approval of an ADU under this section, unapproved or unpermitted ADUs shall be subject to enforcement as provided by law. Upon review and approval of such applications by the city, the deed restriction requirement of subsection E. shall apply. Development standards of subsection B. do not apply. 2. A building permit shall be required for any construction or modification of the ADU to bring the structure into compliance with applicable building codes, to the extent practical, as determined by the community development director, in consultation with the chief building official. A building permit is not required to the extent the ADU is determined to be legally nonconforming pursuant to section 26-120 as documented by proof provided by the owner and to the satisfaction of the community development director. 3. If a property contains more than one (1) ADU, deemed lawful pursuant to subsections F.1. and F.2. by August 15, 2026, those ADUs shall be allowed to remain until voluntarily demolished or converted to other uses, consistent with the provisions of Code subsection 26-120.C. 4. The owner occupancy requirement of this section shall not apply to properties which, on August 15, 2022 (as documented by proof provided by the owner and to the satisfaction of the community development director), contain a primary dwelling and ADU, neither of which are occupied by the owner. In the event the property is sold or the owner commences occupancy of either the primary dwelling or ADU, this exemption from the application of the owner occupancy requirements of this section shall expire. 5. 4. Properties containing existing nonconforming accessory structures may be eligible for conversion of those structures to an ADU only to the extent a variance to address nonconforming elements is first obtained pursuant to section 26-115.