HomeMy WebLinkAboutOrdinance 1838 - HousingCITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER MARTELL
Council Bill No. 05
Ordinance No. 1838
Series of 2026
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE
CODE OF LAWS SUPPORTING COMPLIANCE WITH STATE LEGISLATION
REGARDING HOUSING SUPPORTIVE CODE AMENDMENTS TO REMAIN
ELIGIBLE FOR STATE FUNDING OPPORTUNITIES
WHEREAS, the City of Wheat Ridge (“City”) is a Colorado home rule municipality
operating under a Charter approved by the electorate pursuant to Article XX of the
Colorado Constitution and governed by its elected City Council (“Council”); and
WHEREAS, the Council has authority pursuant to the Home Rule Charter and C.R.S.
§31-16-101, et seq. to adopt and enforce all ordinances; and
WHEREAS, the Council approved a resolution of support in October 2025 to
establish an expedited review policy for qualifying affordable housing projects in
response to the passage of Proposition 123; and
WHEREAS, state agencies including the Department of Local Affairs (DOLA) and
the Colorado Energy Office (CEO) use compliance determinations when scoring or awarding competitive funding programs; and
WHEREAS, the Council previously adopted accessory dwelling unit (ADU) code
amendments and other related updates in a good-faith effort to comply with state
housing legislation, and DOLA has since determined that minor modifications to the ADU
regulations are required; and
WHEREAS, in order to ensure compliance with expedited review requirements,
staff reviewed the Code of Laws and identified a minor code amendment that is necessary to ensure that all site plans for qualified affordable projects can be reviewed
within the expedited timelines through an administrative approval process; and
WHEREAS, the Council finds that these amendments are necessary to ensure the continued eligibility and competitiveness for state funding opportunities.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Section 26-106 of the Wheat Ridge Code of Laws, containing the
review process chart for land use approvals, is hereby amended as follows, in the
appropriate rows within the table and within the footnotes:
Approval Requested Pre-Application Final Reference Appeal
Staff Neighborhood Staff PC CC BOA URPC
Planned Development:
Specific Development
Plan (SDP)
X AQA H H6 URA ART III CC
Varies11
…
Planned Development:
Specific Development
Plan Amendment
X A,
AQA
H7 A ART III
Planned Bldg. Group 4 X A,
AQA
H9 A 3 § 26-
116
Varies10
1 Reserved.
2 Right of protest applies: See section 5-10 of the Home Rule Charter and Code subsection 26-112.C.7.
3 If four (4) or more buildings are proposed, planning commission review is required.
4 A pre-application may not be required based on the complexity of the project.
5 Neighborhood meetings for mixed use concept plan applications are required only for sites of ten (10) acres in size or larger.
6 City council review is required for a specific development plan only if ODP and SDP applications are submitted concurrently. Planning commission is the final authority for an SDP submitted separate from and subsequent to ODP approval.
7 Planning commission review of SDP amendments only required in some circumstances. Refer to section 26-307.
8 City council review for special use permits is only required upon appeal by an applicant of a decision of denial by the community development director, or the receipt of an objection by adjacent property owners. Refer to section 26-114.
9 Planning commission review for planned building group only required in some circumstances. Refer to section 26-116.
10 If reviewed administratively, appeal to PC. If reviewed by PC, appeal to Jefferson County District Court.
11 If reviewed administratively, appeal to PC. If reviewed by PC, appeal to CC.
Key:
PC: Planning commission CC: City council
BOA: Board of adjustment X: Meeting required
H: Public hearing required A: Administrative review
URPC: Urban Renewal Plan compliance required: If "A" is noted, administrative review; if "URA" is noted, review by Wheat Ridge Urban Renewal Authority is required — see section 26-226.
BCAB: Building Code Advisory Board
AQA: Administrative review for Qualifying Affordable Housing Project
Section 2. Section 26-116.D of the Wheat Ridge Code of Laws, containing the
requirements for Planned Building Groups (PBGs), is hereby amended as follows:
D. Review procedures:
1. Administrative review: The director of community development shall
have the authority to review and approve, approve with modifications, or
deny applications for planned building groups for no more than four (4)
main structures on a single lot or parcel, except in the R-1 series, R-2
series and A-1 zone districts, or for any qualifying affordable housing
project application (as defined in section 26-123). Applications for more than four (4) main structures or more than one (1) main structure in the R-
1 series, R-2 series and A-1 zone districts and appeals by the applicant of
the director of community development’s decision, shall be forwarded to
the planning commission for review. In reviewing such applications, the
director of community development shall consider the standards for approval set forth below and shall have the authority to establish
necessary conditions and limitations to carry out the intent of this section.
Section 3. Section 26-123 of the Wheat Ridge Code of Laws, defining certain
terms applicable to Chapter 26 of the Code, is hereby amended by the addition of the following new definition in the appropriate alphabetical location, as follows:
Qualifying affordable housing project. A building or development containing at
least fifty (50) percent or more affordable dwelling units meeting income and other
applicable regulations pursuant to state law, including but not limited to C.R.S. 29-32-
101 and 29-32-105, as amended.
Section 4. Section 26-206.B (Residential-One A District (R-1A)) of the Wheat Ridge Code of Laws is amended by creating a new footnote (h) pertaining to setbacks
for attached 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' (h)
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'
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)
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.
(h) Portions of single detached dwellings containing an attached accessory dwelling unit as defined in section 26-123 are permitted to have a five (5) foot setback if the portion of the building containing the ADU is less than or equal to ten (10) feet tall, or a ten (10) foot setback if the portion of the building is greater than ten (10) feet tall.
Section 5. Section 26-213.B (Agricultural-One District (A-1)) of the Wheat
Ridge Code of Laws is amended by creating a new footnote (g) pertaining to setbacks
for attached 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' (g)
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'
Major 35' 25% N/A N/A 30’ (c) 15' 5'
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)
Accessory
Buildings
(e)
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.
(g) Portions of single detached dwellings containing an attached accessory dwelling unit as defined in section 26-123 are permitted to have a five (5) foot setback.
Section 6. Section 26-214.B (Agricultural-Two District (A-2)) of the Wheat
Ridge Code of Laws is amended by creating a new footnote (g) pertaining to setbacks
for attached 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' (g)
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'
Major 35' 25% N/A N/A 30’ (c) 15' 5'
Minor 35' 25% N/A N/A 30’ (d) 15’ 5'
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)
Accessory
Buildings
(e)
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. (g) Portions of single detached dwellings containing an attached accessory dwelling unit as defined in section 26-123 are permitted to have a five (5) foot setback.
Section 7. Section 26-305 of the Wheat Ridge Code of Laws, concerning
specific development plan review procedures, is hereby amended as follows:
….
A. Review procedure.
1. ….
2. ….
3. Review and referral. Upon receipt of a complete application packet the
community development department shall proceed with the following
process: a. ….
b. After the review period, staff will give notice of scheduled
public hearing(s) on the application (if applicable) with notice
by publication, letter, and site posting in the manner provided
in section 26-109. c. Staff will prepare a written report to the planning commission
(or the community development director if applicable) which
evaluates the proposal, makes findings, and makes
recommendations using the review criteria set forth below in
section 26-305.D. 4. Public hearing and approval.
a. Subsequent review…
b. Concurrent review…
c. Qualifying affordable housing projects. Pursuant to the review
process chart in section 26-106, specific development plan applications for qualifying affordable housing projects are
reviewed administratively by the community development
director. The community development director shall make a
decision to approve, approve with conditions, or deny the
application, basing their decision upon application materials and in consideration of the criteria for review as specified in
section 26-305.D.
i. Appeal. If the applicant objects to conditions placed on
the approval or if the specific development plan is
denied by the community development director, an appeal of the decision may be filed with the city clerk’s
office within ten (10) working days from the date of the
director’s decision, whereupon the specific development
plan will be scheduled for a public hearing before
planning commission in the manner provided in section 26-109.
B. Recording. All approved specific development plans shall be recorded with
the Jefferson County Clerk and Recorder. Such plans, and associated
recording fees shall be submitted to the community development department
within sixty (60) days of council’s final action. Should a recordable approved specific development plan not be provided to staff within sixty (60) days of
council’s final action to approve, staff shall schedule a public hearing before city council planning commission and city council planning commission shall
reconsider its approval. A one-time, thirty-day extension for mylar submittal
may be requested from the community development director. The request
must be submitted in writing prior to the expiration of the sixty-day time limit
showing evidence of good cause for not meeting the deadline. C. Modifications or amendments. See section 26-308.
D. Criteria for review. The community development director, planning
commission, or and city council (whichever is applicable) shall base their
decision in consideration of the extent to which the applicant demonstrates
that all of the following criteria have been met: 1. ….
Section 8. Section 26-307 of the Wheat Ridge Code of Laws, concerning
amendments to development plans, is hereby amended as follows:
A. …. B. ….
C. Specific development plan amendments. ….
1. Administrative review. The community development director may
approve minor amendments to a specific development plan which, in
the reasonable judgment of the community development director, do not affect neighboring properties or the overall character of the
development. These may include variations to building orientation, parking lots, landscaping areas, architectural details, interior setbacks,
and similar variations that meet the review criteria set forth below in
section 26-308.C.3. Additionally, the community development director may approve amendments to a specific development plan that
includes or adds a qualifying affordable housing project, provided that
the type of residential use proposed is permitted by the outline
development plan. Administratively approved amendments are not
required to be recorded, but should be kept on file in the community development department.
…
Section 9. Safety Clause. The City of Wheat Ridge 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 10. 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 11. Recording. This Ordinance shall be filed for record with the office
of the Jefferson County Clerk and Recorder.
Section 12. 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 8 to 0 on this 9th day of March 2026, ordered published by title in the newspaper 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 March 23, 2026 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 8 to 0, this 23rd day of March 2026.
SIGNED by the Mayor on this 26th day of March 2026.
_______________________________
Korey Stites, Mayor ATTEST:
_______________________________
Janeece Hoppe, City Clerk
Approved as to Form
____________________________
Gerald E. Dahl, City Attorney
First Publication: March 10, 2026
Second Publication: March 24, 2026
Effective Date: April 8, 2026
Jeffco Transcript and www.ci.wheatridge.co.us