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HomeMy WebLinkAboutOrdinance 1746 - Bulk PlaneCITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HOPPE COUNCIL BILL NO. 16 ORDINANCE NO. 1746 Series 2022 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE IMPLEMENTATION OF A RESIDENTIAL BULK PLANE DEVELOPMENT STANDARD WHEREAS, the City of Wheat Ridge, Colorado is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, 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, in exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the “Code”) pertaining to zoning, land use, and development; and WHEREAS, the Code currently applies bulk plane regulations to the R-1C and R-3 zone districts to control the massing of infill residential development; and WHEREAS, the Council recognizes that bulk plane regulations help to preserve neighborhood compatibility, privacy, and the adequate supply of light and air; and WHEREAS, the Council finds it appropriate to expand the applicability of bulk plane regulations to detached single-unit homes in all R-series residential zone districts. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: (remainder of page intentionally blank) 2 Section 1. Section 26-205.B (Residential-One District (R-1)) of the Wheat Ridge Code of Laws is amended by moving the reference to footnote (f) from the cell within the third column to instead appear in the header of the third column, as follows: 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’ (f) Floor area limited to 50% of principal, or 1,000 sf, whichever is less 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. 3 Section 2. Section 26-206.B (Residential-One A District (R-1A)) of the Wheat Ridge Code of Laws is amended by moving the reference to footnote (f) from the cell within the third column to instead appear in the header of the third column, as follows: 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’ (f) Floor area limited to 50% of principal, or 1,000 sf, whichever is less 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. 4 Section 3. Section 26-207.B (Residential-One B District (R-1B)) of the Wheat Ridge Code of Laws is amended by moving the reference to footnote (h) from the cell within the third column to instead appear in the header of the third column, as follows: 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' 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’ (h) Floor area limited to 50% of principal, or 1,000 sf, whichever is less 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. 5 Section 4. Section 26-208.B (Residential-One C District (R-1C)) of the Wheat Ridge Code of Laws is amended by removing the references to footnote (f) from the cells within the table but retaining it in the header, as follows: 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' (f) 40% 5,000 sf 50' 20’ (d) 5' (f) 5’ (f) Group home 35' (f) 40% 5,000 sf 50' 20’ (d) 5' (f) 5' (f) Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' (f) 40% 1 acre 200' 20’ (d) 15' (f) 20' (f) Accessory Buildings (e) Major 15' (f) 600 sf N/A N/A 20’ (d) 5' 5' Minor 10' (f) 300 sf N/A N/A 20’ (d) 5' 5' Accessory dwelling unit, detached 25’ (f) Floor area limited to 50% of principal, or 1,000 sf, whichever is less N/A N/A 20’ (d) 5’ 5’ All Other Uses 35' (f) 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. 6 Section 5. Section 26-209.B (Residential-Two District (R-2)) of the Wheat Ridge Code of Laws is amended by moving the reference to footnote (h) from the cell within the third column to instead appear in the header of the third column: 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' 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’ (h) Floor area limited to 50% of principal, or 1,000 sf, whichever is less 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. 7 Section 6. Section 26-210.B (Residential-Two A District (R-2A)) of the Wheat Ridge Code of Laws is amended by moving the reference to footnote (i) from the cell within the third column to instead appear in the header of the third column: 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' Multi-unit dwelling (3/more dwelling units) 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’ (i) Floor area limited to 50% of principal, or 1,000 sf, whichever is less 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-family 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- 8 123.3.) (e) A minimum of four thousand three hundred fifty (4,350) square feet of land area shall be required for each dwelling unit for multifamily 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. […] Section 7. Section 26-211.B (Residential-Three District (R-3)) of the Wheat Ridge Code of Laws is amended by removing references to footnote (i) from the cells within the table, removing erroneous references to footnote (h) from the cells within the table, adding reference to footnote (i) in the header, and revising footnote (i) as follows: 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' (h) 40% 7,500 sf 60' 25’ (e) 5' (h) 10' (h) 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' (i) 600 sf (per unit) N/A N/A 25’ (e) 5' 5' if <= 10’ in height; 10' if > 10’ in height Minor 10' (i) 400 sf/4 d.u. N/A N/A 25’ (e) 5' 5' Accessory dwelling unit, detached 25’ (i) Floor area limited to 50% of principal, or 1,000 sf, whichever is less N/A N/A 25’ (e) 5’ 5’ if ≤ 10’ in height; 10’ if > 10’ in height 9 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) 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-family 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 multifamily 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 to all one-family dwelling primary and accessory buildings in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted. […] Section 8. Section 26-212.B (Residential-Three A District (R-3A)) of the Wheat Ridge Code of Laws is amended by moving the reference to footnote (i) from the cell within the third column to instead appear in the header of the third column 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' 10 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) 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’ (i) Floor area limited to 50% of principal, or 1,000 sf, whichever is less 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-family 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 multifamily 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. […] 11 Section 9. Section 26-642.A.1 of the Wheat Ridge Code of Laws regarding the applicability of bulk plane is amended as follows: 1. Applicability. The bulk plane restrictions of this section shall apply to all properties zoned R-1, R-1A, R-1B, R-1C, R-2, R-2A, R-3, and R-3A for which a detached single-unit dwelling is the primary use. structures on a lot for which a building permit is applied for after the effective date of Ordinance No. 1613, Series 2016. The entirety of any building envelope shall be contained within the bulk plane, including the dwelling and all accessory structures, unless otherwise exempted by subsection 4. 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. Effective Dates; Compliance Required. 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 25th day of July, 2022, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for August 22, 2022 at 7:00 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado if allowed to meet in person on that date per COVID-19 restrictions and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0, this 22nd day of August 2022. SIGNED by the Mayor on this 23rd day of August, 2022. ________________________ Bud Starker, Mayor ATTEST: _________________________ Stephen Kirkpatrick, City Clerk 12 Approved as to Form: _________________________ Gerald E. Dahl, City Attorney First Publication: July 28, 2022 Second Publication: August 25, 2022 Effective Date: September 9, 2022 Published: Jeffco Transcript and www.ci.wheatridge.co.us