Loading...
HomeMy WebLinkAboutStudy Session Agenda Packet 03-17-14STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO March 17, 2014 6:30p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Administrative SeNices Director at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. PUBLIC COMMENT ON AGENDA ITEMS APPROVALOFAGENDA .L Staff Report(s) 2. Ridge at 38 Commercial District Feasibility and Formation Study ~ Proposed Amendment to the Subdivision Regulations 4. Video Taping Council Study Sessions ~ Elected Officials' Report(s) ADJOURNMENT "'~ A~ ... ~ ., City of • _.~WheatN_dge ~OFFICE OF THE CnY MANAGER Memorandum TO: Mayor and City Council THROUGH: Kenneth Johnstone , Acting City Manager FROM: Britta Fisher, WR2020 Executive Director DATE: March 10 , 2014 (for March 17 study session) SUBJECT: Ridge at 38 Commercial District Feasibility and Formation Study In 2013 , WR2020, with funding support from the City of Wheat Ridge, commissioned professional services to study the feasibility of forming a business district for the Ridge at 38 . The City budgeted $20,000 in 2013 and WR2020 lUred Progressive Urban Management Associates (PUMA) to facilitate the process and formulate recommendations. The City has also budgeted an additional $1 0 ,000 in 2014 to continue the implementation process. Through a collaborative process with the Ridge at 38 Leadership Committee and affected property owners, Steps 1 and 2 of the scope of work have been completed. Based on the anal ysis and public input it is being recommended that formation of a Business Improvement District (BID) be further pursued . PUMA and WR2020 staff will present the findings ofthe feasibility study at the March 17 study session . It is also being requested that City Council authorize the City Attorney (and City Clerk) to oversee coordination and timing of the petition and election process for the formation of a BID. ATTACHMENTS: 1. Ridge at 38 Commercial District Feasibility and Formation Study 2. Summary table for two organizational options WEST 38TH AVE. COMMERCIAL DISTRICT FEASIBILITY & FORMATION STUDY PART 1: ORGANIZATIONAL OPTIONS Prepared by Progressive Urban Management Associates for: WHEAT RIDGE 2020 & THE RIDGE AT 38 LEADERSHIP TASK FORCE Attachment 1 DRAFT document prepared by P.U.M.A. December 9, 2013 INTRODUCTION In June, 2013, Wheat Ridge 2020 and the Ridge at 38 Leadership Task Force issued a request for proposals for a Commercial District Feasibility and Formation Study on 38th Avenue . Through a competitive selection process , WR2020 contracted with Denver -based real estate economics and planning consultancy Progressive Urban Management Associates (P .U.M .A.) to facilitate a strategic planning process with the following objectives : • Determine the feas ib i lity and overall strategy for creating a self-sustaining management and development organization to advance a variety of improvements along West 38th Avenue . • Explore a variety of alternative organizational options and develop a preferred option matched to the unique needs and capabilities of the corridor. • Engage key corridor stakeholders , including property owners , businesses and city officials in the process . In order to accomplish this scope of work , three steps and resulting deliverables were identified. Step 1: Organizational Options Step 2: Property Owner Outreach Step 3 : Final Organ izational Option and Plan for Moving Forward This document is the written report summarizing the findings from Step 1, Organizational Options . It contains the following specific content as outlined in the scope of work : ./ A summary of outreach conducted interviews and the Leadership Task Force workshop . ./ Initial impressions of organizational needs and capacity along West 38 th Avenue . ./ Overview of organizational options evaluating their pros and cons for West 38 "' Avenue . ./ Recommendations for moving forward , including no more than two preferred options . ./ Study area map and supporting database in an excel format. DRAFT document prepared by P.U .M.A. December 5, 2013 Page I 1 OUTREACH Based on the scope of work, P.U.M.A. undertook two specific tasks with regard to outreach: a workshop with the Ridge at 38th Leadership Committee, and a series of one-on-one interviews with business and property owners in the corridor, and one with City of Wheat Ridge Economic Development staff. LEADERSHIP TASK FORCE WORKSHOP P.U.M.A. facilitated a workshop with the Ridge at 38 Leadership Task Force in October at which Leadership Task Force members identified their priorities for the 38 th Avenue Corridor. The prevailing outcomes from the workshop indicated an interest among members to develop an organization of business and property owners in the corridor that would further implement the 38t h Avenue Corridor Plan with a specific focus on: • Improved visual appeal in the corridor, particularly in the commercial "Main Street" area between Marshall Street & Wadsworth Boulevard. • Marketing of 38t h Avenue businesses through advertising and promotional events . • Assistance to property owners interested in upgrading private property facing the corridor. • Attraction and retention of businesses that would support the vision of 38t h Avenue as a retail destination and community focal point. Committee members were supportive of a wide range of possible organizational structures. Overall, the group leaned toward organizational options that would collect revenue from all commercial owners in the area in order to avoid "free riders" benefiting from the efforts of others without contributing, as well as in order to increase and make predictable the total available revenues to implement positive change. ON E-ON -ONE INTERVIEWS In November, P.U.M.A. conducted a series of interviews with property and business owners from the 38 th Avenue corridor that were identified by Wheat Ridge 2020 and the Ridge at 38 Leadership Task Force. The list included both known supporters and known opponents of the streetscape reconfiguration on 38 th Avenue . The purpose of the interviews was to understand varying perspectives of involved individuals along the corridor, and to gauge the appetite for development of some kind of business and property owner-led organization to advance positive change in the corridor. O WNER I NTERVIEW Q UESTIONS The identified owners were asked to discuss the following topics: 1. Their perceptions of recent changes along the 38t h Avenue corridor including but not limited to the street configuration. 2. What positive change they would like to see happen on the corridor. 3. Whether they see value in business and property owners coming together to try to affect change in the corridor. 4 . Whether they would be interested in participating in efforts to develop such an organization . DRAFT document prepared by P.U.M.A. December 5, 2013 Page I 2 O WNER I NTERVIEW FINDINGS Not surprisingly given the attention it received in the recent elections, the owners interviewed had significant differences of opinion on whether the recent street lane and parking reconfigurations have had and will have a positive or negative impact on the corridor. On this issue, the interviewees were split fairly evenly . However, only a few were vehement, while a greater number were less strongly impassioned over the issue. There were supporters among the interviewees for the planters and seating areas now in the street right-of-way; most were mildly critical or undecided while a couple of these were strongly critical. Recent physical improvements to the 38 th corridor that were quite commonly seen as beneficial include the gateway signage and streetscape enhancements at the Sheridan end of the corridor, the new banner poles, and the bike lane . Overall, there was substantial agreement among many of the owners for the vision of the 38t h Avenue Corridor Plan. Many agreed that some positive shifts were occurring on in the corridor both in terms of new businesses that had recently opened and more young people moving into the neighborhoods. Owners interviewed had substantial agreement about positive changes they hope to see in the 38 th Avenue corridor. Echoing some but not all of the priorities of the Leadership Committee, owners indicted that the changes that they wanted to see, and saw as beneficial for an owners group to advance , include: • Improved visual appeal in the corridor, particularly in the commercial "Main Street" area between Marshall Street & Wadsworth Boulevard. • Marketing of 38th Avenue businesses through advertising and promotional events. • Assistance to property owners interested in upgrading private property facing the corridor. Most of the owners interviewed agreed that they would be interested in seeing some sort of owners group take a leadership role in the direction and implementation of positive change on the corridor. Some expressed they would be likely to support a mandatory assessment, depending on the annual amount assessed, whereas several adamantly expressed that they would only support formation of a group with voluntary membership and dues. CI TY I NTERVIEW FINDINGS In addition to owner interviews, P.U.M.A. conducted an interview with the Economic Development Manager of the City of Wheat Ridge to better understand existing economic development tools available on 38th Avenue, and the City's position with regard to a possible new organization. Significant findings from that interview are: • The City is very invested in revitalization of the 38t h corridor through staff efforts to implement the 38t h Avenue Corridor Plan and budgeted support for WR2020 activities amounting to about $300,000 per year . DRAFT document prepared by P.U.M.A. December 5, 2013 Page I 3 • The City offers "ESTIP" city-wide, a program which rebates a portion of sales tax increases back to the merchant. King Soopers in the 38 th Avenue corridor is already using this . • The entire 38 th Avenue Corridor Plan area is within one of three designated urban renewal areas (there are five total in the City), and each are enabled to use both property and sales TIF . There are no projects to date; they are about to approve and start the clock on one at 38 th & Depew. Because of the three separate URA districts, there are limitations to using tax increment anticipated by redevelopment along Wadsworth along the 38 th Avenue corridor. • The City was enthusiastic about the possibility of the property and business owners along 38 th Avenue taking on a leadership role through an owners group. City resources could possibly be made available to support economic development activities undertaken by an owners group or association. INITIAL IMPRESSIONS • While the street lane and parking reconfiguration has been controversial among property owners on 38 th Avenue, the majority of individuals we interviewed describe themselves as having mixed or mild feelings. Every person interviewed was able to identify instances of positive change on the corridor in recent years, including at least one physical enhancement driven by Wheat Ridge 2020, such as gateway signage or bike lanes. • There is a great deal of support for the 38t h Avenue Corridor Plan, but less agreement on whether Wheat Ridge 2020 is the right entity to carry implementation forward. • There is substantial support and some enthusiasm for greater leadership by the corridor business and property owners through the development of some type of organization. Many owners are not yet firmly decided what kind of organization they would support and wanted more information about possible options. OPTIONS We looked at three organizational options that could meet the project goal of creating a self-sustaining management and marketing organization for the corridor. These include: • Downtown Development Authority (DDA): Combining the tools of tax increment financing and an optional mill levy, Colorado communities can form DDAs to implement goals outlined in a downtown development plan . In the case of West 38t h Avenue, the 2010 38t h Avenue Corridor Plan could serve as the downtown development plan if agreed to by stakeholders and approved by City Council. DDA's are formed through a City ordinance. A mill levy would need to be approved by a TABOR vote by affected stakeholders (commercial property owners, businesses and residents) held during the general election in November. Examples of DDA's in the metro area include Downtown Castle Rock, Downtown Longmont and Downtown Windsor. • Bus iness Improvement District {BID): BIDs are found in business districts that have common needs for maintenance, marketing, economic development, beautification and/or other improvements . They are self-imposed (affected property owners must first sign petitions demonstrating support for a district) and self-governed by a board of directors composed of affected property and business owners . Only commercial property is included in a BID and funds DRAFT document prepared by P.U .M.A. December 5, 2013 Page I 4 can be raised through either a mill levy or special assessment. Steps to form a BID include a petition by commercial property owners, City Council adoption of an ordinance and a TABOR vote on the tax or assessment by affected owners and lessees. Examples of BIDs in the metro area include West Colfax, both in Denver and Lakewood, the Alameda corridor in Lakewood, Old South Gaylord in Denver and downtown Boulder. • Voluntary Bus iness Assoc iation : A voluntary business association, either a 501(c)3 or 501(c)6 non- profit structure, is also an option for West 38th Avenue. Similar to a merchant's group that used to exist along the corridor, a voluntary business association would rely on dues from participating businesses and would be managed by a volunteer board of stakeholders. Voluntary business associations tend to be limited in scope, but can be effective to produce special events and business promotions. Voluntary associations in the area include the West 38th Avenue Business Association in Denver and Historic Olde Town Arvada. For West 38th Avenue in Wheat Ridge, the list of preceding options is quickly narrowed to two. While a DDA could be effective on its own, it would unnecessarily duplicate the existing City of Wheat Ridge Urban Renewal Area that currently encompasses much of the corridor. Like a DDA, urban renewal also utilizes tax increment financing (TIF) for projects. Only one TIF-based entity is necessary to promote development, and we recommend that any new entity formed on West 38th work with the existing urban renewal authority with complementary, not duplicative, resources. The remaining options, a BID or a voluntary business association, would have the following advantages and disadvantages: Bus iness Imp roveme nt Distr ict (B ID) Vo luntary Bus iness Assoc iat ion Advantages • Governed by board of property and • Governed by board of property and business owners business owners • Considered a "subdivision of the • Independent non-profit organization state"-independent of city • Provides benefits to members • Flexible--can fund many • Can be effective for promotions and improvements and services events • Tax or special assessment precludes • Non-controversial to form-no tax! "free riders" -everyone participates • Unified voice-can be influential • Sustainable, has resources • Tend to be strong partners with local governments • Can leverage funds into capital and other visible improvements • Only includes commercial properties Disadvantages • Difficult to form-requires costly • Difficult to sustain-volunteer burn petition and ballot processes-out and fund raising fatigue marathon, not a sprint • "Free riders" benefit from district- • Tax or assessment can create wide promotions & events divisiveness, controversy • If limited number of members, then limited amount of influence DRAFT document prepared by P.U.M.A. December 5, 2013 Page I 5 RECOMMENDATIONS RECOMMENDED ACTIONS Based on the initial impressions and revenue projections , the current recommendation is to proceed to Step 2 of the project Scope of Work. Step 2, Property Owner Outreach , will determine support and the appetite of property and business owners along West 38th Avenue to financially participate in a BID or volunteer business association . Spec ific tasks included in Step 2 include: ../ Develop a presentation package for outreach, including a fact sheet and a powerpoint slide presentation for workshops . ../ Conduct a second inter-active workshop w ith the Ridge at 38 Leadership Task Force . ../ Invite all commercial property owners within the study to attend an inter-active workshop to be held at various times and locations along the corridor . ../ Conduct one -on -one interviews with up to 10 influential property and business owners along the corridor. NEXT STEPS P.U.M .A. will present and discuss the contents of this document w ith Wheat Ridge 2020 staff and the Ridge at 38 1h Leadership Committee on December 17, 2013 . Based on specific feedback and direction received , P.U .M .A. will proceed with Step 2 tasks as outlined above . Step 2 is expected to commence in m id-January of 2014, and be complete within 4-6 weeks. DRAFT document prepared by P.U.M .A. December 5, 2013 Page I 6 Wheat Ridge West 38th Avenue Corridor Property Owner Organizational Options A group of property & business owners on 38 1 h Avenue in Wheat Ridge is considering whether to pursue formation of a self-sustaining management and development organization to meet the following objectives: • To give property & business owners more influence in the efforts and changes along the corridor. • To reduce dependency on funding for promotions from the City that will eventually be reduced. • To leverage funding opportunities along the corridor, including significant capital improvements that the City has indicated are contingent on property owners' commitment to maintaining them . Research 1 by Progressive Urban Management Associates {P .U.M.A.) indicates two feasible organizational options: Business Improvement District (BIDJ Voluntary Business Association Advantages • Flexible --can fund many improvements and • Provides benefits to members services • Can be effective for promotions and events • Tax or special assessment precludes "free • Non-controversial to form -no tax! riders " -everyone participates • Unified voice-can be influential • Sustainable, has resources • Tend to be strong partners with local governments • Can leverage funds into capital and other visible improvements Disadvantages • Difficult to form -requires costly , half-year • Difficult to sustain -volunteer burn out and petition and ballot processes fund raising fatigue • Tax or assessment can create divisiveness , • "Free riders " benefit from district-wide controversy promotions & events • If limited number of members, then limited capacity/ influence • Does not leverage capital improvements Governance • Considered a "subdivision of the state " -• Governed by board of property and business independent of city owners • Defined boundaries -most likely "Main Street • Independent non-profit organization District" • Open to any business along the 38 111 Avenue • Governed by board of property and business corridor (unless limited through by-laws) owners • Excludes residential properties Budget • Assessment on all property owners in the district • Voluntary Dues structure Potential • Revenue potential , based on 5 cents special • Revenue potential, based on 50 members assessment on lot + building s.f. = $62,500 @$200/each = $10 ,000 • City may match assessments , doubling budget • No city match • Approx. Budget= $125,000 • Approx. Budget= $10,000 Sample Work • Maintenance & Landscaping (e .g., sweeping , • Marketing (e.g ., loyalty card, bus shelter Program powerwashing , planting, watering, snow decals, brochures) $7 ,500 removal) $50 ,000 • Event (volunteer/donation-based-e.g., flea • Marketing (e .g., loyalty card , bus shelter decals , market) $2,500 website , holiday decor, events etc .) $30,000 • Street Appeal (banners/lighting) $20,000 • Advocacy/Management $25,000 1 Report available: West 38'h Ave. Commercial District Feasibility & Formation Study, Part 1: Organizational Options. Attachment 2 ~~·# .... ~ r City of • .. ~Wheat&_dge ~OMMUNilY DEVELOPMENT Memorandum TO: Mayor and City Council THROUGH: Ken Johnstone, Community Development Director Patrick Goff, City Manager FROM: Lauren Mikulak, Planner II DATE: March 7, 2014 (for March 17 study session) SUBJECT: Proposed amendment to the subdivision regulations ISSUE: j+em 3 . The City's subdivision regulations are located in Article IV of Chapter 26 in the municipal code. Staff is proposing to amend these regulations for the purpose of improving the subdivision review process and providing clear and contemporary design standards. This memo is structured as follows: 1 . Background 2 . Overview ofProposed Amendments 3. Project Timeline BACKGROUND: A subdivision entails the creation or reconfiguration of lots , tracts , or parcels for the purpose of sale or development. Subdivisions are considered quasi-judicial land use applications, but unlike zoning, over which the City has broad discretion, a subdivision application is a technical document that, to a large extent, is non-discretionary in nature. Subdivision approvals do not change zoning or permitted uses , and do not address development design . Instead, subdivision regulations prepare land for development. A plat defines property lines , establishes rights-of-way, and delineates easements. In the case of Wheat Ridge much of this occurs within an infill or redevelopment context, so the proposed amendment seeks to align the City 's regulatory environment with these physical realities. The proposed amendments pro vide simplified review procedures, more administrative review , clear design standards , uniform and defensible exactions and fees , and improved organization. Overview of proposed amendments Staff is proposing to repeal and reenact Article IV. Attached is a first draft of the amended article ; each section begins with comments (in red) that summarize what has or has not changed. The proposed code is the result of continued collaboration among the Community Development and Public Works Departments , the Parks and Recreation Director, and the City Attorney. Thjs memo includes an overview of the five major amendments that are proposed for which staff is Proposed Subdivision Amendment March 17, 2014 Page 2 seeking approval or direction from Council. These relate to the review of subdivision applications, the dedication of partial right-of-way, townhome plats, parkland dedication, and public improvements. Subdivision types and review process Staff is proposing a simplified classification system of subdivisions with more administrative review. Currently, the code identifies five different types of plats and three different processes for review (see table). The applicable review process depends on the number oflots and whether or not right-of-way dedication is involved. CURRENT Classification of Subdivisions Type Criteria Reviewed by Consolidation Involves only 2 lots Staff without dedication Lot line adjustment Involves only 2 lots Staff without dedication Minor Involves 5 lots or less Planning Commission without dedication Minor Involves 5 lots or less Planning Commission with dedication and City Council Major Involves more than 5 lots Planning Commission and City Council In an effort to simplify these typologies and based on feedback from the Planning Commission, staff is proposing to retain three levels of review, but to redefine these three groups as: administrative, minor, and major subdivisions. The table below outlines the three proposed classifications and respective review procedures. PROPOSED Classification of Subdivisions Type Criteria Reviewed by Must meet all criteria: Administrative -Involves 3 lots or less Staff -Conforms to all subdivision and zoning regulations -Does not include dedication of a full public street Must meet all criteria: Minor -Involves 4 or 5 lots Planning Commission -Conforms to all subdivision and zoning regulations -Does not include dedication of a full public street Any plat that exceeds administrative or minor review: Major -Involves more than 5 lots, or Planning Commission -Includes a variance or waiver, or and City Council -Dedicates a full public street Proposed Subdivision Amendment March 17, 2014 Page 3 The proposed amendment expands the class of plats eligible for administrative review to include those involving 3 lots or fewer. This is recommended as an appropriate change in large part because a subdivision plat is a technical document that does not change the underlying land use entitlements. The proposed review scheme is more conservative than several other communities in the metropolitan area that depend on administrative review for most subdivision applications. Regardless of size, any application with a variance or waiver request will automatically be processed as a major subdivision requiring review by Planning Commission and City Council. This is consistent with current practice and ensures that administrative review remains entirely objective-approval is all but certain if proposed lots meet the requirements ofthe subdivision regulations and underlying zone district and can be served by utility districts. Sections 26-405 and -406 in the attached draft outline the types of plats and the review procedures. While more subdivision applications would qualify for administrative review, the process itself remains unchanged. Because the plat is a technical document, administrative review does not currently include a neighborhood meeting or public noticing, and this will remain the same. Non-administrative review of minor and major plats will follow the noticing procedures required for all public hearings. Q: Is Council supportive of this approach? Partial right-of-way dedication With the City's adoption of complete street standards in the Bicycle and Pedestrian Master Plan and the Streetscape Design Manual many streets in the City are considered slightly substandard in width. For this reason, an increasing number of plats require a narrow right-of-way dedication. This dedication often triggers a public hearing before City Council for applications that would otherwise be reviewed administratively or only by the Planning Commission. This increases time and cost for applicants, adding up to two months and $450 in fees. The code amendment formalizes an alternative review process for partial right-of-way dedications. If an administrative or minor plat includes a narrow right-of-way dedication from an existing street, it is proposed the dedication be approved by a resolution of the City Council. This type of dedication is currently allowed by code and has been utilized for new development that did not include platting. Codifying this option in Article IV will ensure that certain plats remain eligible for administrative or minor review. Q: Is Council supportive of this approach? Townhome Plats The subdivision design standards (sec. 26-411.C) propose a new clause related to townhome lots. Townhomes are attached single-family homes in which the occupant owns the dwelling unit and the underlying or surrounding land. In the zoning code, this type of development is Proposed Subdivision Amendment March 17 , 2014 Page4 treated as a multifamily use, and the creation oftownhome lots is subject to the subdivision regulations. While it is reasonable to expect townhome development in a multifamily zone district (R-2A, R-3 , and R-3A), it is not possible to plat townhomes in the current regulatory framework because the lots typically do not meet minimum lot size and width requirements. This is often the case even though they do meet density standards (minimum lot area per dwelling unit) for the zone district. Townhomes are an increasingly attractive product because they allow homeownership and require less maintenance than a traditional detached single-family home. In order to support this type of development, staff is proposing that individual townhouse lots be exempted from lot size and width standards. The image below illustrates the proposed exemption in which individal townhome lots (dashed lines) would be substandard in lot size and width requirements , but the site as a whole (solid line) would meet all zone district standards. The structure would be treated Parkland dedication as a multifamily use, and the site as a whole would be subject to all applicable development standards including lot size, lot width, building coverage, and density. A plat note and /or deed restriction would accompany a townhome plat to ensure that the individually substandard lots are not sold or developed for any purpose other than townhomes. This proposal is not expected to result in a proliferation oftownhomes, and will not allow greater density or more intense development than is currently allowed by existing zoning. Q: Is Council supportive of this approach? Compared with many communities , Wheat Ridge imposes very few fees and exactions on new development. Parkland dedication is one of the few included in the subdivision regulations , and it currently applies to all residential subdivisions and development. A parkland dedication requirement is based on the assumption that additional residents create additional demands on parks , open space, and recreational facilities. In the proposed code, the parkland dedication requirement is significantly revised and simplified. The amendment addresses two primary goals: to ensure the requirements are aligned with standard planning practice and to ensure the requirements can be implemented more consistently and objectively for the benefit of applicants and staff. Proposed Subdivision Amendment March 17, 2014 Page 5 Based on a comprehensive review of other cities, the Wheat Ridge parkland dedication requirements are notably less burdensome than most. Many communities, for example, assess residential and commercial development or require dedication and development fees. While the proposed code does not include an increase in the requirement, it does modify the land dedication formula to be more consistent with common practice. The current requirement of 0.016 acres of parkland per dwelling unit is an atypical metric. Some communities require a percentage of gross land area, but more commonly the dedication is based specifically on the projected population for a new development. This approach is more equitable and has been proposed in the attached draft (section 26-414 ). When land is not available to dedicate, a fee-in-lieu is assessed. In the past, the fee amount has been assessed inconsistently because it is based on "fair market value"-a relatively ambiguous determinant. As an alternative, the code amendment proposes that City Council establish a fair and defensible per-acre fee or land value. A set fee can be assessed uniformly and provides predictability for developers and for the City. Several other communities have taken this approach as well. The box below provides an example ofhow the parkland dedication would be calculated. Population projections rely on average household size. Staff recommends this number not be codified; so it can be updated annually based on census data. CURRENT Parkland Dedication Scenario: 20 new dwelling units Current requirement: 0.016 acres per dwelling unit Parkland dedication requirement: 20 du · 0.016 acres/du = 0.32 acres PROPOSED Parkland Dedication Scenario: 20 new dwelling units Average household size in Wheat Ridge: 2.12 people/household Projected population: 20 dwellings · 2.12 people/dwelling= 42.4 people Parkland dedication requirement: x acres = 7.5 acres solve for x, (based on 7.5 acres per 1000 people) 42.4 people 1000 people x = 0.318 acres Very few communities fully exempt projects from parkland dedication, but several incorporate reduced requirements. Staff is recommending certain reductions, and the rationale is two-fold. Without reductions, higher-density projects are penalized by having to provide a disproportionately high land dedication. Reductions also help to incentivize or direct higher density and mixed use development to appropriate areas of the City as identified in adopted plans. In the same spirit, this type of incentive supports the regionally adopted goal of locating 50 % of all new housing units in designated urban centers; the City has two urban centers-along Wadsworth and the Northwest Subarea. Proposed Subdivision Amendment March 17 , 2014 Page 6 Staff has recommended parkland reductions for senior living facilities and development within one-half mile of a transit station. The Planning Commission also suggested reductions for development within urban renewal areas and for development that is truly mixed use . Reductions are 'd db I . th d 't If I' h . th t bl below. I ! I Proposed Density Multipliers Category Persons per dwelling unit Residential Within 12 -mile of transit Within an urban renewal area Within a mixed use development Senior housing 2.12 1.7 1.7 1.7 1.5 With fixed and fair fonnulas , the Parks and Planning Commissions will no longer need to review park dedications or fees . The Parks and Recreation Director will receive a subdivision application on referral and will determine whether dedication or fees-in-lieu are more appropriate . To further encourage consistency and to eliminate negotiations , the credit opportunity for private on-site amenities is removed , and parkland requirements are ineligible for waiver requests. Q: Is Council supportive of this approach? Q: Is Council supportive of incorporating the proposed reductions outlined in the table above? Q: In some communities parkland dedication applies to commercial subdivisions and development based on the assumption that employees also create additional demand on parkland. This is typically calculated as a percentage of gross lot area. Should the code be revised such that parkland dedication applies to commercial development as well? Public improve ments Public improvements can include but are not limited to the installation of curb , gutter, sidewalk, drainage facilities , amenity zones , utilities , street lights , and paving. Provision of public improvements (or a fee-in-lieu) is a condition of approval for certain types of subdivisions and development where adjacent improvements are substandard or nonexistent. There are several references that authorize this requirement, including the subdivision regulations, Streetscape Design Manual, and section 5-45 of the municipal code, which relates to building permits . Because these three documents have been updated separately and incrementally, staff has struggled to consistently implement public improvement requirements and to reconcile inconsistencies. New development is subject to public improvement requirements based on the size of the development, the classification of adjacent streets, and the presence of similar improvements on the subject block. For subdivisions , the required public improvements are less clear. Among residential projects (new lots or new homes) the code has created inequitable Proposed Subdivision Amendment March 17, 2014 Page 7 requirements. For example, a residential lot split on a local road can result in no need for improvements but the same project on a bike/ped route can require thousands of dollars' worth of improvements. This difference is simply by virtue of location not of project scope. With these issues in mind, staff is proposing a revised approach to public improvements that meets three goals: • Ensures consistency when requiring public improvements or fees-in-lieu for plats and permits • Supports the City's goals of providing bicycle and pedestrian facilities • Promotes fair and equitable requirements and fees Staff is proposing an approach that is based on the type of development and is uniform for platting and development. This approach is summarized in the table below. Only certain types of projects trigger public improvements, and these triggers are not proposed to change; these include new roads, new lots, new development, and additions that increase floor area by more than 50%. Smaller projects that do not meet these thresholds do not generally trigger any public improvement requirement. Project Type Required Public Improvement Any project with new public An applicant must build the new street to current city standards. streets The timing of construction is determined by a subdivision improvement agreement or is deferred with a development covenant. Multifamily residential or An applicant is responsible for all streetscape improvements if commercial frontage does not meet current right-of-way standards. Applicants are required to construct improvements or pay a fee- in-lieu based on the decision of the Public Works Director. If fees are paid in lieu of construction, they are calculated for the specific improvements that would otherwise be built and are based on an engineer's estimate of all removal and installation costs. Single-or two-family An applicant is responsible for curb, gutter, and sidewalk. residential Applicants may choose to build the improvements or pay a fee- in-lieu. If fees are paid in lieu of construction, they are calculated based on the linear frontage of the lot and the cost of curb, gutter, and a 5-foot attached sidewalk. Where partial improvements exist, the fee will be adjusted accordingly. The City's Bicycle and Pedestrian Master Plan outlines a need for more complete streets and enhanced bicycle and pedestrian facilities, including curb, gutter, and attached sidewalk at a minimum on all local streets. The proposed approach eliminates a series of confusing and Proposed Subdivision Amendment March 17 , 2014 Page 8 conflicting provisions , and it ensures that all residents and developers bear an equal and proportionate cost of enhancing the city's roadways. If Council supports the proposed approach , an impact fee study will accompany the ordinance to document the fee amount and to establish a reasonable legislative basis for such requirement. Staff estimates the single-/two-fan1ily fee for installation of curb , gutter, and sidewalk is about $46 per linear foot. Fees will be based on prevailing costs and may rise or fall accordingly. For a typical 1 00-foot wide R-1 zoned lot , the resulting fee would be $4600. Q: Is Council supportive of this approach? A dditional minor changes In addition to the revisions outlined above , the proposed code also reflects the following changes : • Subdivision design standards are consolidated and reorganized to ensure appropriate infrastructure, connectivity and logical lot layouts • Reorganized sections for clarity and consistency with other articles in the zoning code • Removed street naming and numbering regulations ; these will be relocated to Article VI of Chapter 26 (supplementary regulations) as they apply to all development within the City • Modified and added definitions related to the subdivision process • Removed outdated quantitative standards In addition to the revision of Article IV , the code amendment project will include updating all references to the subdivision regulations and the creation of an enhanced user's guide . An administrative guide can be used to convey information that does not need to be codified , such as standard notes , certification blocks , easement guidelines , and any explanatory comments that may benefit an applicant. Project timeline The purpose of the March 17 study session is to familiarize City Council with the proposed amendments and to solicit feedback. An anticipated timeline for the project is as follows: • Planning Commission Public Hearing -April 3 • City Council Public Hearing -April 28 ATTACHMENTS: 1. Article IV Draft Draft -March 17 CC SS ARTIC~E IV.-SUBDIVISION REGULATIONS Sec . 26-401 . -Intent and purpose ............................................................................................. 1 Sec . 26 -402 .-Appl icability ........................................................................................................ 2 Sec. 26-403 . -Enforcement and penalties ................................................................................. 3 Sec. 26-404 . -Definit ions .......................................................................................................... 4 Sec . 26-405 . -Types of plats ..................................................................................................... 8 Sec . 26-406. -Review procedures ............................................................................................ 8 Sec . 26-407 .-Error correction ................................................................................................. 11 Sec . 26 -408 . -Resubdivision .................................................................................................... 11 Sec . 26-409 . -Var iances and waivers ...................................................................................... 12 Sec. 26-410 . -Appl ication contents .......................................................................................... 13 Sec . 26-411 . -Subdiv is ion design ............................................................................................ 15 Sec . 26-412 . -Street design ..................................................................................................... 18 Sec . 26-413 . -Dedications and exactions , general provisions .................................................. 20 Sec. 26-414.-Dedication of public parks and sites .................................................................. 21 Sec. 26-415 . -Dedication of public streets ............................................................................... 23 Sec . 26-416. -Vacation of right-of-way and removal of easements .......................................... 23 Sec . 26-417.-Required public improvements .......................................................................... 24 Sec . 26-418 . -Agreement and financ ial security fo r required improvements ............................ 24 Sec. 26-419 .-Forms ................................................................................................................ 24 Sec. 26-401. -Intent and purpose. This section is renamed for consistency with Articles I, VII , and IX . Subsecti ons A and B below are unchanged . C is new and summarizes the purpose of subdivision regulations . A . Citation . This article shall be known and cited as the "subdivision regulations" of the City of Wheat Ridge , Colorado , or "these regulations," or ''this article." B. Authority. No final plat of a subdivision shall be approved and accepted by staff, the planning commission or the city council unless it conforms to the provisions of these regulations . Pursuant to the authority contained in Article XX , Section 6 of the Colorado Constitution and in Colorado Revised Statutes sections 29-20-101 et seq ., 31-23-101 et seq ., and 24-67-101 et seq ., the Wheat Ridge planning commission and city council are vested with the power and authority to adopt and amend these subdivision regulations C. Purpose . The intent of these regulations is to prepare land for development and to recognize that the arrangement of parcels , streets, and infrastructure has a direct impact on the character and environment of the city . The general purposes of this article are as follows : 1. To protect the health , safety, and welfare of present and future residents of the city . 2. To promote orderly growth and good planning practice. 3. To guide land development that is consistent with the city's adopted plans and zoning regulations. 4 . To ensure the provision of adequate public facilities and utility service . 5. To promote efficient circulation , logical lot layout, and necessary roadway and pedestrian connections . 6. To conserve natural resources and provide reasonable protection from flood and other hazards. Attachment 1 Draft -March 17 CC SS 7 . To provide open space and recreation facilities for residents . 8 . To establish consistent and reliable land records and monumentation. 9 . To provide a process for review and substantive requirements for approval. Sec. 26-402.-Applicability. This section establishes when the subdivision regulations do and do not apply. It was updated in 2001 and the content remains largely unchanged . For clarity, it is slightly reorganized . A. Jurisdiction . These subdivision regulations shall be applicable within the following areas: 1. All land located within the City of Wheat Ridge . 2. Land in the process of annexation to the City of Wheat Ridge . 3. All unincorporated land located within three (3) miles of the corporate limits of the C ity of Wheat Ridge for major street plan purposes when a major street plan has been approved in accordance with the requirements of C .R.S . § 31 -23-212 . B. General Applicability. 1. These subdivision regulations shall apply to the creation or boundary modification of lots , tracts , parcels or other divisions of land for any purpose, including but not limited to its immediate or future sale , transfer, or development, whether residential , industrial , office , business or otherwise . 2. Th is article shall apply to a resubdivision or any division of land previously subdivided or platted , as well as to a lot line adjustment or consolidation of two or more lots , tracts , or parcels . 3 . The transfer of any portion of land by the use of description for the purpose of sale , transfer, lease or development is prohibited until the division of land is approved and recorded in accordance with these subdivision regulations . 4 . No subdivision plat shall be used for purposes of sale or development until the plat is approved and recorded in accordance with these subdivision regulations . C . Exemptions. This article shall not apply to the following : 1. Any division of a tract of land into separate parcels of at least thirty-five (35) acres each fo r the purposes of sale ; 2 . Any division of land which is created by order of any court in this state or by operation of law, such as settlement of an estate ; 3 . Any division of land which is created by a foreclosure of a deed of trust, lien , mortgage or any other security instrument; 4 . Any division of land which is created by a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in any investment entity ; 5. Any division of land which creates cemetery plots; 6 . Any sale of any interest in a lot or parcel of land which has located upon it a single main structure , which structure and associated land is to be divided into separate ownership, and so long as required parking and access to a public street is guaranteed to each owner by direct access , or through a recorded ingress/egress easement of at least ten (1 0) feet in width , or parking easements , as may be necessary. The intent of this 2 Draft -March 17 CC SS exception is to ensure that the area and setback requirements for structures are met, but to allow subsequent division of an individual structure and associated land into separate ownership, as with duplex splits or condominium plats . This exception shall not apply whenever it is desired to sell off land for the purpose of creating a new building site ; 7 . Vacant nonconforming parcels of record as described in section 26-120 ; 8 . The division of land for the purpose of conveyance of real property to the city in satisfaction of land dedication , condemnation , annexation , or other city requirements, including a city-approved land trade ; 9 . Acquisition of an interest in land in joint tenancy , or as tenants in common , or a joint venture. D . Pending applications. Any application for a subdivision plat filed on or after [insert effective date], 2014 shall be controlled by the provisions of these regulations . Any application for a subdivision plat filed prior to and pending on that date shall be controlled by the provisions of the subdivision regulations in effect at the time of the filing of the application (which regulations are retained in force solely for that limited purpose), unless the applicant chooses to have the application processed under the provisions of these regulations . E. Private covenants . These regulations are not intended to abrogate any easement, covenant , or any other private agreement or restriction . It is not the intent of these regulations that the city will enforce any private easement, covenant , agreement, or restriction ; such provisions being a function of the right of individual property owners to further or separately restrict the use of their property as one (1) of the rights attendant upon property ownership . These regulations shall not be interpreted to either enhance or diminish such private restrictions , and the existence of such private restrictions shall neither enhance nor diminish the application or enforceability of these regulations . Sec. 26-403. -Enforcement and penalties. The title of th is section has been changed to be more consistent with other articles , but the content remains unchanged. It has been moved from the end of the article to the beginning . A. General. It shall be unlawful for any person to sell , convey, transfer, or otherwise dispose of or subdivide any property within the city without compliance with this article or where such sale , conveyance , transfer, disposition , or division would otherwise result in the creation of a nonconforming lot or nonconforming parcel of land as such term is defined by section 26-120. In addition any other remedy available to the city , the city shall not recognize or permit the use of a lot or parcel created in violation of these regulations unless and until such lot or parcel is properly subdivided and meets all applicable requirements of the Wheat Ridge Code of Laws . B . Penn its withheld. No permits shall be issued by any administrative officer of the City of Wheat Ridge for the construction or occupancy of any building , or other improvement requiring a permit , upon any land for which a plat is required by these regulations , unless and until the requirements of the subdivision regulations have been met. C . Penalties . 1. Any subdivider or agent of a subdivider who transfers or sells or agrees to sell or offers to sell any subdivided land before a final plat for such subdivided land has been approved by the city and recorded in the office of the Jefferson County Clerk and Recorder shall be guilty of a misdemeanor and , upon conviction of such violation , shall 3 Draft -March 17 CC SS be subject to a fine not to exceed one thousand dollars ($1 ,000 .00), or imprisonment not to exceed one (1) year, or both such fine and imprisonment. 2 . This fine or sentence shall be applicable for each parcel or interest in subdivided land which is sold , agreed to be sold , negotiated to be sold and/or transferred . 3. The city shall have the power to bring an action to enjoin any subdivider from selling, agreeing to sell , offering to sell , use , occupy or develop unsubdivided land before a final plat for such subdivided land has been approved by the city. D . Sale voidable . Any deed of conveyance , sale or contract to sell made contrary to the provisions of these regulations is voidable at the sole option of the grantee , buyer, or person contracting to purchase , his heirs , personal representatives , or trustee within one (1) year after the date of execution of the deed of conveyance , sale , or contract to sell is binding upon any assignee or transfer of the grantee, buyer, or person contracting to purchase, other than those above enumerated . Sec. 26-404.-Definitions. This section includes definitions that are specific to the subdivision process. Several definitions have been added , and for ease of review they are denoted below with a single asterisk(*) and bold text. Mod ified definitions are identified with a double asteri sk(**) and new language is highlighted with bold text. As used in these regulations , the following words shall be interpreted and defined in accordance with the provisions set forth in this article : Adjacent properly owners: Those persons who are shown in the then current records of the Jefferson County Assessor , as owning real property adjoining the land being proposed for subdivision platting ; d isregarding intervening public streets , alleys , or other public right-of-way ;. *Administrative subdivision: [This draft proposes a reclassification of plat types , and this definition will be updated accordingly.] Alley: A right-of-way , dedicated to public uses, which gives a primary or secondary means of vehicular access to the rear or side of properties otherwise abutting a street, and which may be used for public veh icular and/or utility access . *Bicycle and pedestrian route: A street or trail that is part of the city's existing or proposed bicycle and pedestrian network as designated in the City of Wheat Ridge Bicycle and Pedestrian Master Plan. Block: A unit of land within a subdivision containing two or (2) more lots which is bounded by public or pr ivate streets , highways , railroad rights-of-way , public walks , alleys , parks or open space , rural or vacant land , drainage channels , subdivision boundaries , property boundaries or a combination thereof, and which is customarily divided into lots . **City datum : Those three-dimensional coordinate values established during the state plane coordinate conversion program for all quarter corners , and section corners , and permanent high accuracy control (PHAC) points within and adjacent to the City of Wheat Ridge . Colorado Revised Statutes: The current edition of the laws governing the State of Colorado ; hereinafter referred to as "C.R.S ." *Dedication: The intentional conveyance of land by the owner to the city for use as public right-of-way. 4 Draft-March 17 CC SS *Dedication, fees in lieu of: Cash payment that may be required of an owner or developer as a substitute for a dedication of land or physical improvement. *Duplex split: The process by which a single existing structure with two legal dwelling units is divided into separate units of ownership for the purpose of selling an interest in the existing structure and associated land. This process is not subject to the subdivision regulations per section 26-402.C. *Easement: A legal interest in land, granted by a land owner to another person or entity which allows that beneficiary the use of all or a portion of the owners' land, for a stated purpose such as access, drainage, or placement of utilities. Geodetic surveying: The performance of surveys in which measure or account is taken of the shape, size, and gravitational forces of the earth to determine or predetermine the horizontal or vertical positions of points , monuments, or stations for use in the practice of professional land surveying or for stating the geodetic position of control points, monuments, or stations by using a coordinate system or derivative thereof recognized by the National Geodetic Survey . *Lot merger: See plat, consolidation. Lot, through : An interior lot abutting on more than one (1) street or corner lot abutting on more than two (2) streets. **Major subdivision : [This draft proposes a reclassification of plat types, and this definition will be updated accordingly.] **Minor subdivision : [This draft proposes a reclassification of plat types , and this definition will be updated accordingly.] Monuments: Actual points set into the ground to locate , delineate, or describe tracts of land . These include: a) United States Land Survey Monuments the points or corners established by the survey of public lands for the United States Government, also the reestablishment or restoration of said corners ; b) the points or corners set by a Colorado registered land surveyor in accordance with the Colorado Revised Statutes. Mylar: A clear plastic material on which the plat is "photographically" reproduced . It shall be a minimum of four one thousandths (.004) of an inch thick and have a matte finish on both sides . PHAC points: Permanent high accuracy control points established during the City of Wheat Ridge State Plane Coordinate Conversion Program by and for use in global positioning surveys . *Plat, condominium: A plat which shows the division of land based on condominium ownership of an existing structure. This process is not subject to the subdivision regulations per section 26-402.C. **Plat, consolidation : A plat which aggregates two (2) or more parcels or portions of land into a single lot , development or building site. See also section 26-117 . **Plat, final: A map of a land subdivision with necessary affidavits, dedications , and acceptances and with complete bearings and dimensions of all lines defining lots and blocks, streets and alleys , public areas and other dimensions of land for the recording of real estate interests with the Jefferson County Clerk and Recorder's office. All final plats shall comply with C.R.S. Article 51, Title 38. Plat, land survey: A plat which shows the information developed by a monumented land survey and includes all information required by C.R.S . § 38-51 -106. 5 Draft -March 17 CC SS *Plat, lot line adjustment: A plat which adjusts the common property line or boundaries between two (2) or more parcels or portions of land, through which an equal or lesser number of lots are created. Plat, recorded: The official document which is filed with the Jefferson County Clerk Recorder's office . *Plat, townhouse: A plat which shows the division of land based on a townhouse ownership structure. Townhouse development is subject to these regulations and requires a subdivision plat. *Preapplication conference: A nonbinding, informative meeting between an applicant and staff that Is required prior to submitting any plat application, in accordance with section 26-1 04. Private drive : A thoroughfare for vehicular traffic which provides access to no more than four (4) dwelling units. Public street: A dedicated public thoroughfare for vehicular traffic in accordance with the requirements as set forth in the subdivis ion regulations , the comprehensive plan , the Bicycle and Pedestrian Master Plan , and the Streetscape Design Manual of the City of Wheat Ridge . *Rep/at: See resubdivision. Resubdivision : The changing of any existing lot , tract , or parcel of any subdivision plat previously recorded with the Jefferson County Clerk and Recorder. *Right-of-way: An area of land acquired or dedicated for public use and travel. In addition to a roadway, it may also include curbs, gutters, sidewalks, streetscape amenities, traffic signs and signals, lighting, and public utilities. *Sketch plan: A rough sketch of a proposed subdivision indicating tentative lot layout and thoroughfare alignment to be used for the purpose of discussion at a preapplication conference. Subdivider: Any person , partnership , joint venture , association , corporation , person in a representative capacity , or other legal entity or legal representative who shall participate in any manner in the dividing of land for the purpose , whether immediate or future , of sale or building development. Subdivision or Subdivide : The creation or boundary modification of lots, tracts, parcels, or other divisions of land for any purposes whether immediate or future , including for sale or building development, whether agricultural , residential , industrial , commercial or other use . The term shall also include and refer to any division of land previously subd ivided or platted but shall not include nor refer to a transaction or transactions which is or are exempt under these regulat ions . *Subdivision Improvement Agreement: An agreement between the city and developer that clearly establishes the developer's responsibility to construct any required public improvements for a subdivision, such as street or drainage facilities, and to provide financial security to ensure completion of the improvements. Tract: A portion of land that is part of a subdivision which is designated for some purpose other than a building site or lot , sometimes known as an outlot. *Vacation: The termination of, or termination of interest in, an easement, right-of-way, or public dedication of land by plat or separate instrument. 6 Draft -March 17 CC SS **Variance : A deviation from the strict application of the development standards contained in these regulations due to unusual or atypical site conditions or characteristics. See section 26-115. *Waiver: A waiver is a permitted exemption or reduction from a design principle or required improvement based on the specific conditions, circumstances or design context of a development proposal. 7 Draft -Ma rch 17 CC SS Sec. 26-405. -Types of plats. The current code recognizes several types of subdivision plats . Currently, major and minor plats are defined on :ly in terms of the number of lots involved , whereas most communities use these descriptors to refer to the review process . The amended code below proposes a simplified classification scheme with an expanded class of administrative review . These regulations recognize a variety of platting circumstances and provide specific requirements and procedures for each . These types of plats are set forth below. A. Administrative plat. 1. Any subdivision , consolidation , or lot line adjustment meeting all of the following criteria : a. Involves 3 or fewer lots or parcels , b . Conforms to all subdivision and zoning regulations and includes no waiver or variance , and c . Does not include the dedication of a public street but may include dedication of additional right-of-way adjacent to an existing public street or for other purposes . See section 26-415. 2 . Review and approval of this type of subdivision plat is an administrative process that does not require a public hearing ; the review procedure is outlined in section 26-406.8 . B. Minor plat. 1. Any subdivision , consolidation , or lot line adjustment meeting all of the following criteria : a . Involves 4 or 5 lots or parcels , b . Conforms to all subdivision and zoning regulations and includes no waiver or variance , and c . Does not include the dedication of a public street but may include dedication of additional right-of-way adjacent to an existing public street or for other purposes. See section 26-415. 2 . Review and approval of a minor subdivision plat requires one (1) a public hearing ; the review procedure is outlined in section 26-406 .C. C . Major plat. 1. Any subdivision , consolidation , or lot line adjustment that does not meet the definition of an administrative or minor plat , including any plat with a right-of-way vacation or the dedication of public streets. 2. Review and approval of a major subdivision plat requires two (2) public hearings ; the review procedure is outlined in section 26-406.C. Sec. 26-406. -Review procedures. This section is updated and consolidates the review procedure into one section . All applications are subject to the following review procedures . A. Preapplication conference . Prior to submitting any plat application , the applicant must participate in a preapplication conference , as described in section 26-104 . A sketch plan shall 8 Draft -March 17 CC SS be provided to the community development department for review prior to the preapplication conference . B. Administrative plat review procedure. 1. Application filing . An application packet shall be submitted to the community development department. Staff will review the application for completeness in accordance with the submittal requirements in section 26-41 0. If staff determines the application is not complete , it will be returned to the applicant and not further processed until the incomplete items have been supplied. 2 . Review and referral. Upon receipt of a complete application packet the community development department will review the application and refer the application to affected departments and agencies for review and comment. The applicant must address all comments and resubmit relevant documents. 3 . Decision . After the review period , staff will prepare written findings with a recommendation . The community development director shall review the plat and approve , approve with conditions, or deny the plat. C . Minor and major plat review procedure. 1. Application filing. An application packet shall be submitted to the community development department. Staff will review the application for completeness in accordance with the submittal requirements in section 26-41 0. If staff determines the application is not complete, it will be returned to the applicant and not further processed until the incomplete items have been supplied . 2 . Review and referral. Upon receipt of a complete application packet the community development department shall proceed with the following process: a. Staff will review the application and refer the application to affected departments and agencies for review and comment. The applicant must address all comments and resubmit relevant documents. b. After the review period , staff will give notice of scheduled public hearings on the application before the planning commission and the city counc il. Notice shall be 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 which evaluates the proposal , makes findings, and makes a recommendation . 3. Public hearing . a. Planning commission review. The planning commission shall hold a public hearing to review the plat and shall hear and consider any ev idence or statement presented by the applicant, city staff, or by any person in attendance at the public hearing. Any recommendation or decision shall be based upon the facts presented in the public hearing and in consideration of the regulations and standards of this article and article II of this chapter. i. Minor subdivision . The planning commission shall make a decision to either approve , approve with conditions , or deny the application . The decision by planning commission is final for minor subdivisions . 9 Draft -March 17 CC SS ii. Major subdivision. The planning commission shall make a recommendation of approval , approval with conditions, or denial of the application . The recommendation shall be forwarded to city council for final action. b . City council review. City council shall review and decide upon all major subdivision plats at a public hearing . Upon receipt of the final plat and accompanying recommendations , the city council shall either approve, approve with conditions , deny , or refer the plat back to planning commission for further review. City council shall base its decision upon all evidence presented, with due consideration of the regulations and standards of this article and the zoning code. D . Recording approved documents . 1. All approved plats shall be recorded with the Jefferson County Clerk and Recorder. A recordable mylar of the plat and associated recording fees shall be submitted to the community development department within ninety (90) days of final action . 2. A subdivision improvement agreement, if required , shall be executed and recorded with the Jefferson County Clerk and Recorder concurrently with recordation of the final plat. Guarantee shall be provided as required by section 26-418. 3. If public land dedications or easements are not conveyed by final plat , deeds or other documents of conveyance for such dedications, shall be executed and recorded with the Jefferson County Clerk and Recorder concurrently with recordation of the final plat. 4 . Fees in lieu of parkland dedication , if required by section 26-414 , shall be paid at time a recordable document is submitted. 5 . Fees in lieu of constructing public improvements, if required , shall be paid at time a recordable document is submitted . 6 . For lot line adjustments, a deed to transfer title of property from one owner to the other must be recorded along with the plat. 7 . If the applicant fails to provide all required recordable documents within ninety (90) days of final action , the approval shall expire. The community development director is authorized to grant, in writing , one (1) or more extensions of time, for period of not more than thirty (30) days each . The extension shall be requested in writing and justifiable cause shown. 8. No building permits shall be issued until the plat is recorded . E. Review considerations. Decisions on subdivision applications are technical and non- discretionary in nature. The regulations and standards of this article shall be used by the city council , planning commission, and community development director in judging the merits of the application submitted for review. F . Appeal. Because of the technical and non-discretionary nature of subdivision decisions , an appeal may be filed only when a decision is based in whole or in part on an incorrect finding of compliance with these regulations. 1. Appeals may be filed by the applicant or property owner. 2 . A written appeal shall be submitted to the community development department within ten (10) days of a decision . 3. Any appeal of the community development director's decision shall be heard by the planning commission at a public hearing in accordance with section 26-109 . 10 Draft -March 17 CC SS 4 . Any appeal of the planning commission 's decision shall be heard by the city council at a public hearing in accordance with section 26-109 . Sec. 26-407.-Error correction. This section includes the contents of what is currently section 26-409 . The title is changed for clarity , but the content of this section is unchanged . Occasionally errors may be discovered on a recorded plat, and revis ions are necessary which do not affect the character of the subdivision . It is the intent of the city to establish reasonable standards and administrative procedures to correct such errors in order to protect the interests of affected property owners . A . Types of en-ors . Minor errors which are eligible for administrative correction include, but are not limited to , the following : 1. Typographical and spelling errors or transpositions . 2 . Incorrect seals . 3. Incorrect dates . 4 . Monumentation incorrectly noted , drawn or missing . 5. Incorrect or missing bearings and/or dimensions on the drawing . 6 . Missing or incorrectly displayed arrows or symbols . 7. Street name changes or corrections . 8 . Removal of or revisions to utility easements upon approval of all affected utility companies. 9. Additions to or deletions from the legal description or dedicatory language that are not typographical in nature. 10 . Incorrect certificates or signatures . 11 . Other items or circumstances to be determined by the community development director and/or the director of public works . B. Correction procedure. Corrections approved by the community development director and any affected agencies are made by an affidavit of correction . The affidavit is prepared by c ity staff, and any necessary exhibits are prepared , signed and sealed by the professional land surveyor of record . The affidavit is signed as needed and appropriate by the owner, land surveyor , community development director, mayor, and city clerk . The affidavit shall reference the title of the original subdivision and be recorded with the Jefferson County Clerk and Recorder's office . C. In no instance shall additional parcels be created , lot lines adjusted or the general character of the subdivis ion be altered by an affidavit of correction . Sec. 26-408. -Resubdivision. We do not clearly address resubdivisions in the code. This is short is helpful to include for clarity . 11 Draft -March 17 CC SS The redivision of any lot, tract, or parcel or the relocation of public streets within an approved subdivision shall be considered a resubdivision or replat and shall require a new application subject to the procedures described in section 26-406. Sec. 26-409. -Variances and waivers. This section expands upon the variance section in the existing code and makes the distinction between variances and waivers . A. Review procedure . Any subdivision application that includes a request for a variance or waiver shall be processed as a major subdivision and reviewed by planning commission and city council. B . Variance . Where a subdivider proposes a plat that does not fully comply with the development standards contained in these regulations or in the zoning code, the subdivider must provide a written variance request as part of the application contents. The variance request shall be considered pursuant to the procedures , review criteria , and voting ratios set forth in sections 26-115 and 2-53 (d). C . Waiver. A waiver is a permitted exemption or reduction from a des ign principle or required improvement based on the specific conditions , circumstances or design context of a development proposal. The burden of demonstrating that a waiver is justified falls on the applicant. 1. Process. The applicant shall submit to the community development department a letter requesting the waiver and providing justification addressing the review criteria in subsection 2 below. The waiver shall be considered concurrently with review of the final plat. Final action on the request shall be made by city council. 2 . Review criteria . a . Unique physical circumstances exist that limit the ability of the property to comply with the regulations set forth in this article . Special circumstances or conditions include narrowness, unusual shape , exceptional topographic conditions , floodplains , or other extraordinary situations. Financial difficulties, loss of prospective profits and previously approved exceptions in other subdivisions shall not be considered as special circumstances or conditions; or b. An alternative design exists that will meet the intent of the standards and requirements set forth in this article . The waiver: i. Shall provide for orderly subdivision of land ; ii. Shall benefit the public without detriment to public interest or surrounding properties ; iii. Shall not be in conflict with the comprehensive plan or the spirit of approved policies and regulations ; and iv. Shall not endanger public safety . 3 . Not eligible for waivers . Parkland dedication or cash-in-lieu requirements are not eligible for a waiver request. 12 Draft -March 17 CC SS Sec. 26-410.-Application contents. The code does not currently list all contents of a complete application . For consistency, it is formatted similarly to Articles I and Ul. Where additional detail is needed, it will be provided in an administrative user's guide (eg language for certification blocks and standard notes). A. Application contents . A complete subdivision application shall include: 1. Complete and notarized application form . 2. Appropriate fee . 3 . Proof of ownership, such as copies of deeds. 4 . Written authorization from property owner(s) where an agent acts on behalf of the owner(s). 5 . A written description of the request. 6 . Mineral rights certification form . 7 . Commitment for title insurance, if applicable. 8 . Geodetic surveying requirements checklist, completed and signed by surveyor. 9 . Closure sheet for the exterior boundary and all individual lots rounded to the nearest square foot. 10. Final plat. The application shall include the appropriate number of copies and electronic files, as determined at the pre-application conference . All final plats shall comply with C .R.S . Article 51 , Title 38. All form and content requirements shall be met, as described below in subsections B and C. 11 . Supplemental reports . In addition to the information contained on the final plat supportive information may be required in the format of hard copies , electronic files , or both . These may include, but are not limited to: a . Trip generation or traffic report ; b. Final drainage report and plan ; c . Grading , drainage, and erosion control plan ; d . Stormwater management plan (SWMP); e . Stormwater operations and maintenance manual (O&M Manual); f . Civil construction plans ; g . Subdivision improvement agreement or development covenant agreement; h. Exhibit and deed for partial right-of-way dedications; i. Homeowners association declaration or agreement. B . Form of final plat. 1. Maps of the subd ivision plat shall be drawn at not less than a scale of one (1) inch equals one hundred (100) feet. 2 . Outer dimensions of the map shall be twenty-four (24) inches by thirty-six (36) inches w ith the following minimum margins: at least one (1) inch along the top and at least one- half (%) inch on the bottom and right sides . 13 Draft -March 17 CC SS 3. Once a plat is approved , the plat shall be photographically reproduced on four millimeter (.004) thick mylar . No sticky-backs , transfer lettering , or labels shall be used on the mylar. All signatures must be permanent black ink . No ball point pens shall be used . 4 . Maps of two (2) or more sheets shall be referenced to an index map placed on the first sheet and each sheet shall be numbered (e .g . sheet 1 of 3). C . Content of final plat. 1. Project information . a . Title of document. The title of the subdivision shall not duplicate another subdivision plat title in the records of the Jefferson County Clerk and Recorder's office . b. A surveyed metes and bounds legal description of the platted boundary , with section ties to two (2) section corners in conformance with city geodetic surveying requirements . Coordinates for all section corners , and quarter-section corners , and PHAC points used shall be consistent with the City of Wheat Ridge current city datum , and are available from the public works department. c. Basis of bearing statement , consistent with current city datum . d . Small scale location map, with north arrow and scale . e . Name , address , and phone number of architect , engineer , or surveyor associated with the project. f . Appropriate signature and certification blocks as determined by the community development department, such as for owners , lenders , and city officials . g . Signature and seal of the professional land surveyor under whose supervisions the work was performed. h. Release of areas dedicated to public use by mortgage or lien holder . i. Standard easement notes as determined by the community development department. j . Dedicatory statement , if applicable . k . Case history box with reference case numbers . 2. Graphical information . a . All items on the City of Wheat Ridge geodetic surveying requirements for final plats shall be adhered to and provided on the plat. b. Graphical representation of property boundary consistent with legal description . c . Lot areas and dimensions for each lot , tract , and parcel. d . Accurate dimensions for all lines , angles , and curves used to describe boundaries , streets , alleys , easements, areas to be reserved for public use , and other important features . i. Distance and bearings shall be on current city datum . ii. All curves shall be circular arcs and shall be defined by all of the following : the radius , central angle , arc length , chord length , and chord bearing . 14 Draft -March 17 CC SS iii. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of at least one (1) in fifty thousand (50,000). iv. No final plat showing plus or minus dimensions will be approved. v . Total area shall be rounded to the nearest square foot and acreage to four (4) decimal places. e . Monument information , including : i. A description of all monuments that mark the boundaries of the property, both found and set , and a description of all control monuments used in conducting the survey. ii. Right-of-way survey monuments shall be established per City of Wheat Ridge standard specifications for all new roadways or relocation of existing roadways , at all new road right-of-way centerline intersections, center of radius for cui-de- sacs, and at the end of the centerline for dead end streets. Right-of-way survey monuments may also be required at roadway centerline points of curvature , points of reverse or compound curvature , and points of tangency, as determined by the department of public works. iii. Coordinates for all control monuments used shall be consistent with the current city datum. f . Identification of all proposed lots, blocks , and street names. Tentative addresses for each lot shall be provided by the city. g . Identification of existing streets, alleys , parks, and other public facilities. h . Identification of all easements within and abutting the subject property, including the purpose and dimensions. If any easement already of record cannot be definitely located , a statement of its existence and its recorded reference shall appear on the plat title sheet. i. Identification of adjacent property by subdivision name, lot, and block. If adjoining land is unplatted, it shall be identified as such. j . Identification of zoning within and adjacent to subject property. k . Identification of areas reserved for future public acquisition. I. Extent of 100-year floodplain and floodway, if applicable. m . Legend , north arrow, and scale (not to exceed 1" = 100'). Sec. 26-411. -Subdivision design. This section consolidates all design considerations into one section , including from the existing code sections 26-414 (design standards), 26-415 (site considerations), 26-417 (easements), and 26-418 (drainage), 26-420 (general subdivision design considerations). A. General requirements . 1. Name of subdivision . The title of the subdivision shall not duplicate another subdivision plat title in the records of the Jefferson County Clerk and Recorder's office. 15 Draft -March 17 CC SS 2. Compliance with other provisions. All subdivisions shall comply with applicable zoning , design , and development regulations set forth in Chapter 26 . B . Blocks . 1. Block lengths and widths shall be suitable for the proposed land uses and for the zoning requirements pertaining to minimum lot sizes and dimensions . 2 . In blocks over one thousand (1 ,000) feet long, mid-block pedestrian crosswalks may be required as determined by the department of public works . 3. For property in a mixed use zone district , block size shall also conform to requirements in section 26-1108 . B. C . Lots. 1. All lots shall be developable and capable of being built upon . Where undevelopable tracts are necessary for purposes other than building , the plat should designate the tract and identify the purpose, maintenance , and ownership of such . 2 . Lots shall meet all applicable zoning requirements . a . 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 building meets all standards of article II . Individual townhouse lots shall not be developed for any purpose other than townhomes , and the plat shall include a note to this effect. 3. Through lots shall be avoided , except where essential to provide separation from major arterials . 4 . Side lot lines shall be substantially at right angles or radial to street lines when feasible . 5. Reverse corner lots shall be avoided where possible . 6. All lots or parcels created by subdivision shall have access to or frontage upon a public street as required by 26-609 . 7. Flag lots are not encouraged but are permitted when they are the most appropriate development option as determined by the community development director. Use of a flag lot design shall meet the following criteria : a. The minimum width of the pole portion abutting a public street is 25 feet. b . Use of a flag lot design is necessary for effective development of land . c . The proposed design does not negatively affect public safety and includes clearly defined access for private use and for emergency service . D. Transportation and connectivity. Most communities have statements regarding connectivity; this subsection is new. 1. In all subdivisions , the vehicle access and circulation system shall accommodate the safe , efficient, and convenient movement of vehicles , bicycles , pedestrians and transit through the development as well as to and from adjacent properties and land uses. 2. The layout and design of all sidewalks , trails and bicycle paths shall be consistent with the Bicycle and Pedestrian Master Plan and all other adopted plans and policies . 3. The creation of reserve strips adjacent to the right-of-way which may be used to deny access to a street shall not be permitted . 16 Draft -March 17 CC SS 4 . See section 26-412 for street design standards. E. Stormwater, drainage, and floodplains . 1. Drainage , wetland , and floodplain areas shall be preserved in their natural state. No encroachments shall be made on existing channels to preserve the natural and beneficial functions. 2 . Where drainage and wetland areas are encroached upon , acceptable mitigation shall be provided. 3. The platting of wetland or floodplain areas that are under federal jurisdiction , shall be subject to applicable federal review. 4 . Any subdivision must allow continued historic flow of waters , and provide drainage easements and stormwater facilities for proposed and actual on-and off-site runoff. 5. Any land within the regulated 100-year floodplain or other areas subject to the 1 00-year flood shall not be platted for development unless adequate provisions are made to provide for, to eliminate, or control flood hazards. 6 . For any land within a special flood hazard area, the plat shall include base flood elevations and the limits of the 1 00-year floodplain and floodway. 7 . All subdivision proposals shall be consistent with the need to minimize flood damage as outlined in Article VIII. F . Slope . 1. Steep land (ten percent slope or greater}, unstable land , and areas having inadequate drainage, are problems that may endanger health, life or property . Areas with such problems shall not be subdivided unless acceptable provisions are made by a registered engineer qualified in the particular field which eliminate or control the problems. 2. Such areas may be included as part of a lot or lots where there is a building portion free of such problems. G. Easements . The prescriptive widths for utility easements have been removed because they conflict with build-to requirements in the zoning code ; they will be included as guidelines in a supplementary handout/user guide along with standard notes . 1. Utility. Utility easements shall be designed to minimize the encumbrance to the lot, to minimize maintenance problems, and to avoid anticipated locations of buildings or street trees. For new streets, utilities may be included within the right-of-way as approved by the public works department. 2 . Drainage and irrigation facilities. Where a subdivision is traversed by an irrigation ditch or channel , natural creeks or streams , an easement sufficient for drainage and to allow for maintenance of the ditch shall be provided. The width and location of this easement shall be approved by the controlling irrigation ditch company or lateral ditch users . When off-site detention , retention or conveyance is required, a recorded easement from the affected off-site property owner is required at the time of plat recordation. 3. Sidewalk. Sidewalk and landscape easements may be required when the sidewalk or streetscape improvements required by the Streetscape Design Manual or Bicycle and Pedestrian Master Plan are not within a dedicated street right-of-way. The width of this easement shall be determined by the public works department. 17 Draft -March 17 CC SS 4. Access . When it is required to have circulation between adjacent properties , cross access/ingress-egress easements shall be provided on the plat. 5. Other easements may be required by the community development or public works departments . 6. All easement areas shall be maintained by the underlying fee simple property owner or appropriate owners' association . All improvements located in, on , over or under the easements shall be maintained by the applicable and/or designated agency . Other improvements provided by the fee simple property owner shall not interrupt nor in any way interfere with the designated and continued use of the easements and improvements located thereon . The city shall not be responsible for maintenance of easements and/or improvements thereon , unless otherwise approved by the city council. H. Nonresidential subdivisions . This subsection 1is new. 1. Applicants shall demonstrate that street , block , and lot layout in a nonresidential subdivision is appropriate for the anticipated uses . 2 . Lots proposed for commercial or industrial development shall be suitable in area and dimension for the types of anticipated development. 3. Vehicular access and circulation should be designed to minimize the number of curb cuts, increase connectivity , and encourage shared access points from the street. 4 . Nonresidential subdiv is ions shall designate areas for appropriate cross access easements . Sec. 26-412.-Street design. New subheadings provide better organization of this section , but the content is largely unchanged . Dimensional standards for right-of-way widths in the current code are outdated and have been removed ; the Public Works Department maintains these standards . A. General. 1. Streets shall conform to the requirements set forth in the subdivision regulations , the comprehensive plan , the Bicycle and Pedestrian Master Plan , and the Streetscape Design Manual of the City of Wheat Ridge. 2. All public streets shall be designed and constructed according to the city 's current design and construction standards , the Streetscape Design manual , and the Bicycle and Pedestrian Master Plan . 3. Private streets shall not be allowed . 4 . Fire apparatus access roads shall comply with the requirements of the appropriate fire protection district. 5. Street names shall conform to the standard metropolitan grid pattern , as outlined in section 26-639 . B. Access. 1. For residential subdivisions , all lots shall have frontage on a public street with the exception of those lots served by private drive or easements . Private drives shall have a minimum width of 25 feet , shall be designated by recorded easement , and shall provide access to no more than four (4) dwelling units. 18 Draft -March 17 CC SS 2. Whenever possible, residential lots shall not front on arterials (Class 3) or collectors (Class 4). Access to a freeway, arterial or collector shall occur only at intersections approved by planning commission and city council. Such design shall be reviewed by the director of public works in consultation with the city traffic engineer. 3. Any use providing access to an expressway, arterial, collector, state highway or interstate frontage roads , may require the subdivider to construct and dedicate acceleration and/or deceleration lanes along those streets upon which access is obtained . This requirement shall be determined at the time of subdivision , site plan approval for planned developments, rezoning or building permit review and shall be in accordance with the criteria of section 26-620. C . Connectivity. 1. The proposed street layout shall provide for the continuation of existing, planned or platted streets in the surrounding area unless the city determines that such extension is undesirable for specific reasons of topography or design. 2 . Proposed streets shall be extended to the boundary of a subdivision to provide for future connections to adjoining lands. 3 . If a dedicated or platted half-street or partial right-of-way is adjoining or parallel to a subdivision boundary , the other half of the street shall be dedicated. D. Design . 1. Right-of-way standards. a . Street and alley rights-of-way shall conform to the city's current standards for width, grade, and design as determined by the public works department. 2 . Cui-de-sacs . a. Cui-de-sacs shall have a turnaround right-of-way diameter of at least ninety (90) feet. b . For cui-de-sacs less than two hundred (200) feet in length in a single family area , an alternate design such as a "Y", "T", "L", or loop may be considered and approved by the city if the standard design is not feasible . c . The center of the cul-de-sac bulb shall not be longer than seven hundred fifty (750) feet from center line of the intersecting street. d. Surface drainage on cui-de-sacs shall be directed toward the accompanying street or where necessary to a natural watercourse or natural drainage basin if approved by the director of public works. Drainage easements may be required through abutting lots where no alternative is capable of carrying drainage. e . In the case of temporary cui-de-sacs, the provision for reduced lot widths does not apply. Temporary cul-de-sac eyebrows shall be dedicated as tracts on the subdivision plat. Radial lot lines shall not be allowed on temporary cui-de-sacs. 3 . Dead-ends. a . Dead-end streets , with the exceptions of cui-de-sacs , shall be prohibited unless they are designed to connect with future streets in adjacent land that has not been platted , in which cases a temporary cul-de-sac bulb shall be required . The "eyebrows" of temporary cul-de-sac bulbs shall be designated as tracts on the plat. 4 . Intersections. 19 Draft -March 17 CC SS a. Arterial and collector streets shall be aligned to join with planned or existing streets. b. Additional right-of-way or pavement width may be required at intersections . The design of intersections shall be determined by the public works director, or when applicable , the Colorado Department of Transportation . c . Intersections of streets shall be at right angles whenever possible and shall not exceed a variation of ten (1 0) degrees from a right angle . d . When "T" intersections are used , the center lines of the streets not in alignment must be offset a minimum of three hundred (300) feet when connected to a collector street and one hundred fifty (150) feet when connected to a local street. 5 . Reverse ("S") curves . a . Reverse curves on arterials shall be joined by a tangent section at least two hundred (200) feet in length . Reverse curves on collectors shall be joined by a tangent section at least one hundred (100) feet in length . 6. Grade and Topography. a . Streets shall be designed to bear a reasonable relationship to the topography of the land to the maximum extent feasible . b . The maximum grade by street classification shall not be exceeded ; maximum grade is determined by the public works department. Sec. 26-413.-Dedications and exactions, general provisions. This general language regarding dedications and exact,ions has been extracted to its own section because it applies to all types of exactions (streets , parks , easements , etc). A. Plat dedications . 1. Dedications of rights-of-way for public streets, utility easements, drainage and maintenance easements , and other interests required under the provisions of this article shall be made by the subdivider on the plat unless otherwise directed by these regulations or city council. B. Expansion or redevelopment of existing developments . 1. When existing development does not meet current design standards or is insufficient regarding current service capacities , the city shall require dedications or exactions to adequately meet the current standard or need upon development , redevelopment or expansion of these properties . 2 . Dedications required at the time of issuance of a building perm it for development, redevelopment , expansion or change of use shall include up to a half-width street dedication and/or construction based on street standards in the subdivision regulations , comprehensive plan , Bicycle and Pedestrian Master Plan , and Streetscape Design Manual. These construction improvements could include street reconstruction , paving , curb , gutter, sidewalk or other improvements deemed necessary by the director of public works . See section 5-45 . 3 . These dedications or exactions can be required at the time of rezoning , subdivision or building permit. 20 Draft -March 17 CC SS Sec. 26-414.-Dedication of public parks and sites. This section has been significantly revised and simplified. The goal is to remove subjectivity and negotiation by establishing a defensible dedication and fee requirement that will apply uniform'ly . Credit for on -site facilities has been removed and the process is streamlined and administrative . A . Public parks and trails. 1. Purpose . Parkland dedication is based on the presumption that new residents create additional demands for and burdens on park , trail, open space, and recreation facilities . Land dedication for park facilities or cash-in-lieu fees are roughly proportional to the demands created by new residential development and contribute to the cost of acquisition and/or improvement of new or existing facilities . 2. Applicability and exemptions. a. The requirements of this section apply to the following types of development and subdivision : i. Residential subdivisions . ii. Residential development. iii. Replatting or redevelopment that results in an increase in the number of dwelling units. b. Exemptions. Nursing homes and similar confined care or skilled nursing facilities are exempt from the requirements of this section . 3 . Process for assessing parkland needs. a. As part of the subdivision review process , an application shall be referred to the parks and recreation director to determine whether land dedication or cash-in-lieu payment is appropriate . b. A determination shall be based on the available land area within the development or subdivision and based on the city 's Parks and Recreation Master Plan. 4 . Requirement for parkland dedication . a. Land dedication or cash-in-lieu required . The owner/developer of land to which this section applies shall , at the option of the city , either: i. Convey to the city in fee simple no less than seven and one-half (7.5) acres per one thousand (1000) people based on the projected population for the development and determined in accordance with this subsection ; or ii . Pay to the city a sum of money based on a per acre fee adopted by resolution of the city council. A cash-in-lieu fee schedule shall be established with consideration for the per acre costs of acquiring and improving park land . b. Population density standards . For the purpose of determining park land dedication requirements , the projected population of a residential development or subdivision shall be based on the following density factors : i. Residential development: citywide average household size (a) This density factor shall be based on city housing and population data , expressed as a number of persons per dwelling unit, and published and 21 Draft -March 17 CC SS updated by the community development department. [This is currently 2 .12 persons per dwelling unit, based on the 2010 Decennial Census .] ii. Housing within an urban renewal area : 1. 7 persons per dwelling unit ii i. Housing within a mixed use development: 1. 7 persons per dwelling unit (a) For the pur iv . Housing within %-mile of a transit station : 1.7 persons per dwelling unit v. Housing for seniors : 1.5 persons per dwelling unit (a) This is limited to a development qualifying as intended for , and qualifying as , "housing for older persons" pursuant to the Federal Fair Housing Act (42 U .S.C . Section 3607(b)(2), as amended). In the event that a development intended for "housing for older persons" fails to qualify for such status under the applicable provisions of the Fair Housing Act or pertinent regulations , or having achieved such status thereafter relinquishes or otherwise fails to maintain such status , additional land dedication or cash-in-lieu payment shall be required , based upon the appropriate density factor set forth in this subsection . c . Calculation . The follow ing formula shall be used to determine the min imum amount of land to be dedicated : [(number of proposed dwelling units) x (density factor) x (7 .5 acres)]+ 1000 people d . Form and timing of dedication . If land dedication is acceptable , the site shall be free of all liens and encumbrances and shall be conveyed to the City either on the plat or by warranty deed at the time the plat is recorded , accompanied by a current title commitment showing the property free from liens and encumbrances, in a form approved by the community development director. e . Form and timing of cash-in-lieu payment. Cash-in-lieu payments shall be paid to the City by certified check and deposited in the City account to be used solely for the acquisition , development, or improvement of parks , open space , bicycle and pedestrian trails , and related facilities . For subdivisions , payment shall be made at the time the plat is recorded . For development, payment shall be made prior to building permit issuance . f . Parkland dedication or cash-in-lieu requ irements are not eligible for a waiver request. 5. Required improvements on and adjacent to park land dedication . The subdivider shall be responsible for the cost of park development and all of the required public improvements for streets adjacent to dedicated parks , as outlined in an improvement agreement per section 26-418 . 6 . Required improvements on existing park land . The city or Jefferson County Open Space shall be responsible for road construction improvements on or adjacent to existing park land or other publicly-owned property. 7. Prior dedications. In the event the land being subdivided has been annexed and as part of the annexation proceedings has been subject to a park land contribution , or a cash payment in lieu thereof, or a dedication for public purposes , then the requirements as herein set forth for land or cash in lieu of land shall be waived . B. Dedications for other public sites . 22 Draft -March 17 CC SS 1 . Dedication of sites for public use, such as schools and fire stations, shall be delineated on the final plat with appropriate dedicatory statements on the plat. 2. At the discretion of the public agency requiring the dedication, cash in lieu of land dedication may be required . The cash-in-lieu fee shall be equivalent to the full market value of the acreage required for park land dedication . Value shall be based on anticipated market value after completion of platting and construction of public improvements . Sec. 26-415.-Dedication of public streets. In the current code , information regarding street dedication is difficult to locate , so this new section provides c lear information and explains the difference between a full and partial ROW dedication . A. Dedication . Street dedication requirements shall be based on the comprehensive plan , the Bicycle and Pedestrian Master Plan, and the Streetscape Design Manual of the City of Wheat Ridge . 1. Full. Dedication of a public street shall be by plat and shall be processed as a major subdivision. 2 . Partial. A partial right-of-way dedication is acceptable if it is required to complete a substandard street already in existence. a. Half streets. For streets on the perimeter of a subdivision, the subdivider may be permitted to dedicate sufficient right-of-way to provide an adequate street width for two (2) lanes of traffic in accordance with the city's standards and specifications . In such instances, the subdivider shall be required to construct one-half of the street width plus six (6) feet or other design as determined and approved by public works department. If on street parking is desired, more right-of-way will be required. b . Administrative or minor subdivision . Where a partial right-of-way dedication is required as part of an administrative or minor subdivision application, the right-of-way may be dedicated to the city by separate document. On the plat, the right-of-way to be designated shall be labeled as a tract, and a plat note shall indicate that the dedication of the tract will be by city council resolution . An exhibit and deed shall be prepared , signed and sealed by the professional land surveyor of record and submitted to the community development department as part of the application packet. B. Future right-of-way reservation note. 1. When a development parcel is adjacent to a public street for which widening is not imminent but is contemplated in adopted plans of the city, county, Denver Regional Council of Governments, and/or the Colorado Department of Transportation, a note shall be placed on the plat identifying the proposed expanded right-of-way line. 2 . By identifying the proposed expanded right-of-way line, the subdivider acknowledges there may be a future reduction in the usable area of the site in connection with a future roadway widening . Buildings are strongly discouraged within this area. Sec. 26-416.-Vacation of right-of-way and removal of easements. This is a separate section for clarity. 23 Draft -March 17 CC SS A. Right-of-way vacation . 1. Any subdivision application including a request for right-of-way vacation shall be processed as a major subdivision in accordance with sections 26-406 and 26-118. 2 . Right-of-way vacations by plat shall be noted as being "hereby vacated ." B . Easement removal. 1. Easement removals by plat shall be noted as being "hereby removed ." 2 . Easement removals not being made as part of a plat application may be processed as error correction; see section 26-407. The applicant shall include written and notarized approval from affected property owners and utility agencies. C . Separate sheets for vacation and rededication may be necessary for clarity . Sec. 26-417.-Required public improvements. Staff has proposed a revised approach to public improvements which is outlined in the accompanying memo. The code language for this section will be updated based on direction provided by City Council at the March 17 study session . Sec. 26-418.-Agreement and financial security for required improvements. Staff has proposed a revised approach to public improvements which is outlined in the accompanying memo. The code language for this section will be updated based on direction provided by City Council at the March 17 study session. Sec. 26-419.-Forms. This section is updated for clarity. A . The community development director shall maintain forms of signature blocks , plat notes and certifications for use in connection with approved plats . B . The community development director shall maintain a fee schedule for the processing of subdivision applications. Fees will be assessed in accordance with section 26-108 and the established schedule . 24 '~ 4 # • _ " City of ~Whe at&__dge ....?""'"omcE OF THE CllY MANAGER Memorandum TO: Mayor and City Council FROM : Patri ck Goff, City Manager DATE: March I 2, 20 14 (fo r March I 7 s tud y session) SU BJ ECT: Video Taping Council Stud y Sess io ns Mayor Joyce Ja y and Co un c il person Kris ti Davis reques t th e Council discuss the videotaping of City Council Study Sessions. The 20 14 fee for taping each stud y sess io n is $4 25.