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HomeMy WebLinkAbout01/19/2012City of h6atPJ:dgc AGENDA January 19, 2012 rRMYTITlyn - f i # # e Yffe lanning Commission on January 19, 2012, at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of neat Ridge, Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting ifyou are interested in participating and need inclusion assistance. I 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) A. Case No. MS-1 1-06: An application filed • Ved Varma for a 3-lot consolidation plat on property zoned Commercial-One (C- 1) and located at 5795 West 29th Avenue. A. Resolution Designating a Public Place for Posting of Notices of Public Meetings Commission Members Absent: ma 0 1 , 11 - forilvi"iff 1TIOR F&I I I IN NK MAY 9 M LI-MV-61 t4 I I I der o7the agenda. Motion carried 5-0. 5. APPROVAV Y DES October 20, 2011 -10 It was moved by ON ` missioner MATTHEW S and seconded by Commissioner OHM to approve the minutes of November 17, 2011. Motion carried 5-0. 6. PUBLIC FORUM No members of the public were present. 7. STUDY SESSION A. Architectural and Site Design Manual Planning Commission Minutes December 15, 2011 This item was presented by Sarah Showalter. She reviewed proposed revisions to the Architectural and Site Design Manual which was adopted in 2007 that address the following: • Clearly establish the manual's applicability and the review process required to ensure compliance with the manual. • Update architectural standards based on lessons learned from actual projects and to more closely align with mixed use zoning requirements, • Create separate design standards for industrial builags that are currently grouped with commercial buildings and for accessory stq4w. • Update formatting and organization of the • Update the architectural overlay map. Ms. Showalter stated that the proposed session in January. A revised manual, riamu�al make it more user-friendly, is will be disi6iIi" d at a City Council study • While it is difficult to dictAW"' " S `#q thO #oy al should contain examples of good design for certain situ V , 070,11 1 g 4ign, R - IN • Re a a S. d h gulations of be too ldenso I P I P"Acts. accessory structures, there � • While the' includ Insi N uw, der not tod".4' -xi usiness owners. I , g z needs to ' e 8. OTHER MATTE, fy • m's'siong �Afs r,,TIM was elect' t ballot to serve as Vice Chair of Planning Coml,," on. 1 0, gg Rlaiil, q , response to a ugi es on m, Commissioner la C issioner TIMMS, Ms. Showalter stated that staff a N 7 ing to take lRok at i ions to the sign code regarding the brightness of • es scheduled, it was moved by Commissioner ion carried 5-0. The next meeting will be held January I It was moved by Commissioner TIMMS and seconded by Commissioner OHM to adjourn the meeting at 7:52 p.m. Motion carried 5-0. Anne Brinkman, Acting Chair Ann Lazzeri, Recording Secretary Planning Commission Minutes -2- December 15, 201 City of � Wheat e MUMTY DEVELOPMENT C CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED: CASE MANAGER: M. Reckert January 19, 2011 MS- 11- 06 /Varma Approval of a three lot consolidation plat on C -1 zoned property LOCATION OF REQUEST: 5795 W. 29 Avenue PROPERTY OWNER: Dajit Hothi PRESENT ZONING: C -1, Commercial -One CURRENT USE: Convenience store with gas islands ENTER INTO RECORD: SUBDIVISION REGULATIONS CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION Iw o i 1 SITE Planning Commission MS- 11- 06 /Varma All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a three lot consolidation plat on C -1 zoned property located at 5795 West 29 Avenue. The purpose of the request is to remove internal property lines to accommodate building remodel and expansion. Lot consolidations for 5 lots or less follow the minor subdivision process. However, because there is a right -of -way dedication occurring for the alley adjacent to the property, City Council will be the final authority for approval with Planning Commission providing a recommendation. II. EXISTING CONDITIONS The property is located at the northeast corner of W. 29 Avenue and Fenton Street and is zoned Commercial -One (C -1). The subject property is comprised of three parcels that total 15,295 square feet. The site currently contains a one -story concrete block building that was built in 1958 and has a floor area of 1,520 square feet. The building contains a convenience store on the west side and a carwash on the east side. To the north and west of the building is a landscaped area, and the remainder of the lot is paved with two freestanding gas pumps located in the middle of the paved area. Three curb cuts provide access to the site —one off of Fenton Street and two off of W. 29th Avenue. A streetscape project was completed by the City in 2003 which included installation of curb, gutter, and sidewalk on the 29` Avenue frontage, a decorative wall at the intersection with Fenton, and three tree grates on W. 29 Avenue. There is an existing attached sidewalk roughly four feet in width along Fenton Street. A public alley abuts the property's eastern property line. The property owner is proposing demolition of the existing carwash with reconstruction to allow interior remodel and expansion with liquor sales. A convenience store with gas pumps is typically a special use in the C -1 zone district but is considered an existing condition and can remain without going through an SUP process. Liquor sales in a C -1 zone district is a permitted use. The applicant received approval of a retail liquor license in July 2011. A building permit review for remodel and expansion is in process and no liquor sales can occur until construction is complete and a Certificate of Occupancy is issued. Because the city does not allow new construction on multiple parcels, a consolidation plat is required. (Exhibit 1, Aerial photo with existing lot lines) The surrounding properties include a variety of land uses and zoning. To the north is the Wheat Ridge Manor Nursing Home which is zoned R -3A. Residential properties zoned R -1 C abut the property across the alley to the east. To the south is an auto repair shop zoned C -1, and across Fenton Street to the west is Denver Water's Ashland Reservoir. III. PROPOSED SUBDIVISION PLAT The proposed plat will consolidate the property from three lots into one lot (Exhibit 2, Plat). Planning Commission 2 MS- 11- 06Narma No right -of -way dedications are required for 29 and Fenton except for a radius at the corner. The public alley to the east is required to be dedicated in the amount of 8'. The property owner will be required to pay fees to the city in lieu of construction for the cost of public improvements along both Fenton and West 29 Avenue as part of the building permit process. Staff concludes that the proposed consolidation plat is compliant with Article IV of the zoning and development code. IV. AGENCY REFERRALS All affected service agencies were contacted regarding the ability to serve the property. All have indicated that they can serve the property subject to required improvements constructed by the property owner with the building expansion. Specific referral responses follow. Xeel Energy: Can serve. Wheat Ridge Water: Can serve. Wheat Ridge Sanitation District: Can serve. Wheat Ridge Fire: Can serve. Wheat Ridge Public Works: The Public Works Department has reviewed and approved the proposed plat. Dedications for the intersection corner radius and alley are being required. Fees in lieu of public improvements construction for both 29 and Fenton will be required. Wheat Ridge Police: No concerns. Wheat Ridge Economic Development: No concerns. V. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed subdivision meets all of the requirements of Article IV of the zoning and development code and all service agencies can accommodate the proposed building and site modifications. Therefore, Staff recommends approval of Case No. MS- 11 -06. VI. SUGGESTED MOTIONS: Option A: "I move to RECOMMEND APPROVAL of Case No. MS- 11 -06, a request for approval of a three lot consolidation plat on C -1 zoned property located at 5795 West 29 Avenue, for the following reasons: 1. All requirements of Article IV of the zoning and development code have been met. 2. All utility providers can serve the property." Planning Commission 3 MS- 11- 06Narma Option B: "I move to RECOMMEND DENIAL of Case No. MS- 11 -06, a request for approval of a three lot consolidation plat on C -1 zoned property located at 5795 West 29 Avenue, for the following reasons: 2. Planning Commission 4 MS- 11- 06Narma 1 •w e ' 05795 - W dig [�' < t 0575^ ir s � , ,} 29THAVE It .� 29THAVE - - r~ Tr T IM A s *# EXHIBIT I OWNERSHIP CERTIFICATE= I, DALJIT S, HOTHI, BEING OWNER(S) OF REAL PROPERTY AS DESCRIBED IN RECEPTION # F0172145, JEFFERSON COUNTY RECORDS, DESCRIBED AS FOLLOWS LOTS 11 AND 12 AND THE SOUTH 10 FEET OF LOT 11, BLOCK 7, OLINGER GARDENS COUNTY OF JEFFERSON, STATE OF COLORADO (AS DESCRIBED IN RECEPTION NO F0172145, JEFFERSON COUNTY RECORDS), A SUBDIVISION BEING A PART OF THE NORTH ONE -HALF OF THE SOUTHEAST ONE- QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL_ MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE - QUARTER CORNER OF SAID SECTION 251 THENCE N27'40'45E A DISTANCE OF 1534,94 FEET TO THE SOUTHWEST CORNER OF SAID LOT 12, SAID CORNER LYING ON THE EAST RIGHT -OF -WAY LINE OF FENTON STREET, SAID CORNER ALSO BEING THE POINT OF BEGINNING; THENCE N00'23'45'W ALONG THE WEST LINE OF THAT PARCEL OF LAND DESCRIBED IN SAID RECEPTION NO F0172145 AND ALONG SAID EAST RIGHT -OF WAY LINE A DISTANCE OF 115,44 FEET TO THE NORTHWEST COR NER OF THAT PARCEL OF LAND DESCRIBED IN SAID RECEPTION NO F01721451 THENCE N89 °46'42'E ALONG THE NORTH LINE OF THAT PARCEL OF LAND DESCRIBED IN SAID RECEPTION NO F0172145, A DISTANCE OF 133,29 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN SAID RECEPTION NO F0172145; THENCE SOO °22'01'E ALONG THE EAST LINE OF THAT PARCEL OF LAND DESCRIBED IN SAID RECEPTION NO F0172145, A DISTANCE OF' 115,30 FEET TO THE SOUTHEAST CORNER OF T HAT PARCEL F AN RECEPTION N❑ FO RN E!_ 0 LAND DESCRIBED IN SAID I72145, SAID CORNER E LYING ON THE NORTH RIGHT -OF -WAY LINE OF WEST 29TH AVEHUEI THENCE S89 °42'52'W ALONG THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN SAID RECEPTION NO F0172145 AND ALONG SAID NORTH RIGHT -OF -WAY LINE, DISTANCE OF 133,24 FEET TO THE POINT OF BEGINNING, CONTAINS 15,374 SQUARE FEET OR 0,353 ACRES MORE OR LESS HAS LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF HOTHI SUBDIVISION, A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE PRESENTS DO HEREBY DEDICATE TO THE CITY OF WHEAT RIDGE, COLORADO THE LAND SHOWN HEREON FOR PUBLIC USE AND DO HEREBY GRANT TO THE CITY OF WHEAT RIDGE THOSE MUNICIPALLY OWNED AND /OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS HEREON AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES, THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORM WATER. SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES THERETO. f WNER DALJIT S, HOTHI 5795 WEST 29TH AVENUE WHEAT RIGGE, COLORADO STATE OF COLORADO) COUNTY OF JEFFERSON) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS A. D, , 20 BY DALJIT S. HOTHI, WITNESS MY HAND AND OFFICIAL SEAL1 NOTARY PUBLIC MY COMMISSION EXPIRES; PLANNING COMMISSION CERTIFICATE. RECOMMENDED FOR APPROVAL THIS DAY OF A, D, , 20 -, BY THE WHEAT RIDGE PLANNING COMMISSION, CHAIRPERSON CITY CERTIFICATE: APPROVED THIS _ _ DAY OF CITY OF WHEAT RIDGE CITY COUNCIL, ATTEST CITY CLERK DIRECTOR OF COMMUNITY DEVELOPMENT DIRECTOR ❑F PUBLIC.0 W0RI_S CASE HISTORY MS -11 -06 A. D, , 20 DAY OF BY THE MAYOR BOUNDARY CORNER MODIFIED STATE PLANE COORDINATES - CITY OF WHEAT RIDGE DATUM CORNER NORTHING EASTING SW CDR 701915, 70 124468, 17 NW COR, 702031, 14 124467, 37 NE CDR 702031, 66 124600, 67 SE COR, 701916, 37 124601, 40 I s4 4 WEST II 38TH AVENUE ILS24 EXISTING #4 REBAR & CAP, ILLEGIBLE POINT # 16909 (CITY OF WHEAT RIDGE) C. 14 CDR, SEC, 25, T. 3S. , R, 69W. 1 (EXISTING 3 -1/4' BRASS CAP, PLS 28279, IN RANGE BOX) I SEE GENERAL NOTE 3 I I inI w z 4 w Aa o k �I v, n 4 N w u w V �I 0 N w w I 0 w o z H o ( rn o w J z w A 4 w uj w z low 6 c 4 i a w w w a UJ 3 n UL O k b S. W. CDR, LOT 10 oj_ S. W. COR, LOT 12 POINT OF BEGINNING I ~ / � I I f �2� POINT # 16981 (CITY OF WHEAT RIDGE) I / S. Y4 COR, SEC, 25, T. 3S. , R, 69W. (EXISTING 2 -1/2' ALUMINUM CAP, ILLEGIBLE, IN RANGE BOX) SEE GENERAL NOTE 3 I / POINT OF COMMENCEMENT Prepared By: R. W, BAYER & ASSOCIATES, INC. 2090 EAST 104TH AVENUE, SUITE 200 THORNTON, COLORADO 80233 (303) 452 -4433 FAX; (303) 833 -4216 CAD: H10123. DWG FILE; 25 -3S. 69 -134L Date Prepared; NOVEMBER 03, 2010 REVISED 10- 28--11 MISC SPC REVISED 12 -29 -11 PER CITY REDLINE REVISED 01 -09 -2012 PER 2ND REVIEW I T 1� S, E, COR. LOT 10 a (tii I tl i O L 1 o nn � U o� Cu T 8' RIGHT -OF -WAY HEREBY DEDICATED BY THIS PLAT CL " p cu (U in 1 in , O �o O E. CDR, T 12 DEPUTY 1 6 F] �I ee J I_ WEST 35TH �i H-1 AVENUE � I C _L - (r _ lL c __J L S ? I F o\ac, 5 D OE p) ST 32ND AVENUE L J W Ll _ I _ l �E J ct __j Ll ° I WEST I 29TH I AVENUE af j L] _a WEST z26Thi L AVENUE El WEST EXISTING #5 REBAR & CAP, P, L, S, 9329 o I wr N KIQ o I= E °aW 0 0 0 L _ - SOUTH LINE LOT 10 _ -- 10' UTILITY EASEMENT 3 I8. 0o' GRANTED TO CITY OF WHEAT 1 RIDGE BY THIS PLAT J / 1 0 O c� n's i iri Q LOT LINES �� O f 1 �� Iv r ' HEREBY REMOVED I, BY THIS PLAT o \ �� I m \ 0! iNG LOT I #5795 W. 29TH AVE. 1 CONTAINS 14, 318 1 SQUARE FEET MORE OR LESS w 12 I o � 1 (ll I V ( cu I A = 89 °53'23° 8` UTILITY EASEMENT 0 GRANTED TO CITY OF WHEAT- � R = 25. 00' RIDGE BY THIS PLAT L = 39. 22' 18, 00 Ch =N45' 20' 27' W I 35, 32' EXISTING 43 REBAR - 100, 28' ( M) S89° 42' S2` W 133, 24' M) 133, 0' ( P) -NORTH RIGHT -OF -WAY LINE WEST 29TH AVENUE WEST r. AVENUE RIGHT -OF -WAY 70' R. 0. W. - eL PER THE PLAT OF HEREBY DEDICATED OLINGER GARDENS & 35' R, 0, W, PER THE PLAT OF LAKESIDE) BY THIS PLAT co rw Qw a o P. O iz '_z ly w i- w Vl Z (() v ci U7 d' n. (y)v tU (yh) CO n z S. W. COR, LOT 12 POINT OF BEGINNING I ~ / � I I f �2� POINT # 16981 (CITY OF WHEAT RIDGE) I / S. Y4 COR, SEC, 25, T. 3S. , R, 69W. (EXISTING 2 -1/2' ALUMINUM CAP, ILLEGIBLE, IN RANGE BOX) SEE GENERAL NOTE 3 I / POINT OF COMMENCEMENT Prepared By: R. W, BAYER & ASSOCIATES, INC. 2090 EAST 104TH AVENUE, SUITE 200 THORNTON, COLORADO 80233 (303) 452 -4433 FAX; (303) 833 -4216 CAD: H10123. DWG FILE; 25 -3S. 69 -134L Date Prepared; NOVEMBER 03, 2010 REVISED 10- 28--11 MISC SPC REVISED 12 -29 -11 PER CITY REDLINE REVISED 01 -09 -2012 PER 2ND REVIEW I T 1� S, E, COR. LOT 10 a (tii I tl i O L 1 o nn � U o� Cu T 8' RIGHT -OF -WAY HEREBY DEDICATED BY THIS PLAT CL " p cu (U in 1 in , O �o O E. CDR, T 12 DEPUTY 1 6 F] �I ee J I_ WEST 35TH �i H-1 AVENUE � I C _L - (r _ lL c __J L S ? I F o\ac, 5 D OE p) ST 32ND AVENUE L J W Ll _ I _ l �E J ct __j Ll ° I WEST I 29TH I AVENUE af j L] _a WEST z26Thi L AVENUE El WEST EXISTING #5 REBAR & CAP, P, L, S, 9329 o I wr N KIQ o I= E °aW 0 0 0 L _ - SOUTH LINE LOT 10 _ -- 10' UTILITY EASEMENT 3 I8. 0o' GRANTED TO CITY OF WHEAT 1 RIDGE BY THIS PLAT J / 1 0 O c� n's i iri Q LOT LINES �� O f 1 �� Iv r ' HEREBY REMOVED I, BY THIS PLAT o \ �� I m \ 0! iNG LOT I #5795 W. 29TH AVE. 1 CONTAINS 14, 318 1 SQUARE FEET MORE OR LESS w 12 I o � 1 (ll I V ( cu I A = 89 °53'23° 8` UTILITY EASEMENT 0 GRANTED TO CITY OF WHEAT- � R = 25. 00' RIDGE BY THIS PLAT L = 39. 22' 18, 00 Ch =N45' 20' 27' W I 35, 32' EXISTING 43 REBAR - 100, 28' ( M) S89° 42' S2` W 133, 24' M) 133, 0' ( P) -NORTH RIGHT -OF -WAY LINE WEST 29TH AVENUE 0 WEST 29TH AVENUE RIGHT -OF -WAY 70' R. 0. W. - 35' R. 0. W. PER THE PLAT OF HEREBY DEDICATED OLINGER GARDENS & 35' R, 0, W, PER THE PLAT OF LAKESIDE) BY THIS PLAT 0 0 f . DENOTES; DENOTES; © DENOTES DENOTES - DENOTES -- DENO TES; DENOTES, - - DENOTES, - DENOTES: - DENOTES EXISTING MONUMENT AS DESCRIBED SET #5 REBAR & CAP R. W. BAYER L. S. 6973 SET P. K. & BRASS T BAYER, L. S. 6973\ BOUNDARY LINE RIGHT -OF -WAY LINE LOT LINE NEW LOT LINE NEW EASEMENT LINE TIE LINE TO S.1/4 CDR. SEC. 25 1/4 SECTION LINE 1, ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT, IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 2, THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY R,W, BAYER & ASSOCIATES, INC. TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD, FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS -OF -WAY AND TITLE OF RECORD, R,W, BAYER & ASSOCIATES, INC. RELIED UPON THE PLAT OF OLINGER GARDENS RECORDED IN BOOK 3 AT PAGE 30, RECEPTION NO, 19112516 AND THE WARRANTY DEED RECORDED IN RECEPTION NO, F0172145, JEFFERSON COUNTY RECORDS. 3, BASIS OF BEARINGS: BEARINGS ARE BASED ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 25 TOWNSHIP 3 SOUTH RANGE 69 WEST OF THE 6TH P.M. MONUMENTED AT THE SOUTH X CORNER (POINT #16981) BY A 2 -#" ALUMINUM CAP, (ILLEGIBLE), IN RANGE BOX, AND AT THE CENTER QUARTER CORNER (POINT #16909) BY R 3 1/4" BRASS CAP, PLS 28279, IN RANGE BOX AS BEARING SOUTH 00 0 19' 08" EAST. FROM THE CITY OF WHEAT RIDGE, PUBLIC WORKS DATA SHEET, DATED FEB -2008: CURRENT CITY DATUM -NAD 83 ! 92 STATE PLANE COORDINATES, CENTRAL ZONE 0505. R T FACTOR IS 0, 9 747 GRID O MODIFIED COMBINED SCALE 99 80300, SCALED FROM POINT PHAC 1 HAVING THE FOLLOWING NAD 83 / 92 STATE PLANE COORDINATES NORTHING 1701258, 75 EASTING 311,8217, 58, ELEVATION 5471,62 (VERTICAL DATUM OF 1988 ( NAVD 88) , POINT #16981 (S.9 COR, SEC, 25, T. 3S. , R, 69W, ) NORTHING 700556,42 EASTING 123755.16 MODIFIED STATE PLANE (CITY OF WHEAT RIDGE DATUM), LAT, 39 17, 4340' LON - 105 ®03' 45, 5226' POINT #16909 (C.9 COR,, SEC, 25, T, 3S, R, 69W, NORTHING 703194.06 EASTING 123740,48 MODIFIED STATE PLANE (CITY OF WHEAT RIDGE DATUM), LAT 39'45'43.4957' LON, -105'03'45,5840' 4, PER FEDERAL EMERGENCY MANAGEMENT AGENCY, FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO 08059CO218 E, DATED JUNE 17, 2003, THE SUBJECT PARCEL IS WITHIN ZONE X (AREAS DETERMINED TO BE OUTSIDE THE 2% ANNUAL CHANCE FLOOD) 5, ACCORDING TO THE CITY OF WHEAT RIDGE, THE SUBJECT PROPERTY IS ZONED "C -1. , 6, PER COLORADO REVISED STATUTES SEC 38 -51 -106 (L), ALL LINEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U S SURVEY FEET ONE METER EQUALS 39,37 DIVIDED BY 12 U,S, SURVEY FEET ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, 7, THE GEODETIC POINT COORDINATE DATA (CITY OF WHEAT RIDGE DATUM) SHOWN HEREIN HAS BEEN DERIVED FROM THE COLORADO COORDINATE SYSTEM OF 1983, CENTRAL ZONE 0502, AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0,04 U, S, SURVEY FEET AT THE 957 CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPATIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FGDC- STD - 007.2 - 1998), 8. HAZARDOUS MATERIALS: IN THE EVENT ANY HAZARDOUS MATERIALS ARE AT ANY TIME FOUND TO EXIST WITHIN THOSE PORTIONS OF THE PROPERTY SHOWN AS 'RIGHT-OF-WAY HEREBY DEDICATED BY THIS PLAT' TO THE CITY OF WHEAT RIDGE, THE OWNER, FOR ITSELF AND ITS SUCCESSORS AND ASSIGNS, HEREBY AGREES TO INDEMNIFY AND HOLD THE CITY OF WHEAT RIDGE HARMLESS FROM AND AGAINST ANY CLAIMS OR ACTIONS, DAMAGES, COURT COSTS AND ATTORNEY FEES, AND REMEDIATION REQUIREMENTS ASSOCIATED THEREWITH. THE TERM 'HAZARDOUS MATERIALS' INCLUDES BUT IS NOT LIMITED TO SUBSTANCES DEFINED AS HAZARDOUS SUBSTANCES AS DEFINED IN THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT, AS AMENDED, THE HAZARDOUS MATERIALS TRANSPORTATION ACT, AS AMENDED, THE TOXIC SUBSTANCES CONTROL ACT, OR ANY OTHER LAW, STATUTE, RULE, OR REGULATION PERTAINING TO THE PROTECTION OF THE ENVIRONMENT OR THE HEALTH AND SAFETY OF PERSONS OR PROPERTY, SURVEYOR'S CERTIFICATE: I, RAYMOND W. BAYER, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF HOTHI SUBDIVISION WAS MADE BY MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT REPRESENTS SAID SURVEY RAYMOND W, BAYER, REG, P. L, S. NO, 6973 DATE: RECO RDER'S CERTIFICATE, STATE OF COLORADO) COUNTY OF JEFFERSON) I HEREBY CERTIFY THAT THIS PLAT WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO AT O'CLOCK, A. M. , ON THE - - - -- _ DAY OF A. D. , 20 CLERK AND RECORDER 1 0 f . DENOTES; DENOTES; © DENOTES DENOTES - DENOTES -- DENO TES; DENOTES, - - DENOTES, - DENOTES: - DENOTES EXISTING MONUMENT AS DESCRIBED SET #5 REBAR & CAP R. W. BAYER L. S. 6973 SET P. K. & BRASS T BAYER, L. S. 6973\ BOUNDARY LINE RIGHT -OF -WAY LINE LOT LINE NEW LOT LINE NEW EASEMENT LINE TIE LINE TO S.1/4 CDR. SEC. 25 1/4 SECTION LINE 1, ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT, IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 2, THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY R,W, BAYER & ASSOCIATES, INC. TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD, FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS -OF -WAY AND TITLE OF RECORD, R,W, BAYER & ASSOCIATES, INC. RELIED UPON THE PLAT OF OLINGER GARDENS RECORDED IN BOOK 3 AT PAGE 30, RECEPTION NO, 19112516 AND THE WARRANTY DEED RECORDED IN RECEPTION NO, F0172145, JEFFERSON COUNTY RECORDS. 3, BASIS OF BEARINGS: BEARINGS ARE BASED ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 25 TOWNSHIP 3 SOUTH RANGE 69 WEST OF THE 6TH P.M. MONUMENTED AT THE SOUTH X CORNER (POINT #16981) BY A 2 -#" ALUMINUM CAP, (ILLEGIBLE), IN RANGE BOX, AND AT THE CENTER QUARTER CORNER (POINT #16909) BY R 3 1/4" BRASS CAP, PLS 28279, IN RANGE BOX AS BEARING SOUTH 00 0 19' 08" EAST. FROM THE CITY OF WHEAT RIDGE, PUBLIC WORKS DATA SHEET, DATED FEB -2008: CURRENT CITY DATUM -NAD 83 ! 92 STATE PLANE COORDINATES, CENTRAL ZONE 0505. R T FACTOR IS 0, 9 747 GRID O MODIFIED COMBINED SCALE 99 80300, SCALED FROM POINT PHAC 1 HAVING THE FOLLOWING NAD 83 / 92 STATE PLANE COORDINATES NORTHING 1701258, 75 EASTING 311,8217, 58, ELEVATION 5471,62 (VERTICAL DATUM OF 1988 ( NAVD 88) , POINT #16981 (S.9 COR, SEC, 25, T. 3S. , R, 69W, ) NORTHING 700556,42 EASTING 123755.16 MODIFIED STATE PLANE (CITY OF WHEAT RIDGE DATUM), LAT, 39 17, 4340' LON - 105 ®03' 45, 5226' POINT #16909 (C.9 COR,, SEC, 25, T, 3S, R, 69W, NORTHING 703194.06 EASTING 123740,48 MODIFIED STATE PLANE (CITY OF WHEAT RIDGE DATUM), LAT 39'45'43.4957' LON, -105'03'45,5840' 4, PER FEDERAL EMERGENCY MANAGEMENT AGENCY, FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO 08059CO218 E, DATED JUNE 17, 2003, THE SUBJECT PARCEL IS WITHIN ZONE X (AREAS DETERMINED TO BE OUTSIDE THE 2% ANNUAL CHANCE FLOOD) 5, ACCORDING TO THE CITY OF WHEAT RIDGE, THE SUBJECT PROPERTY IS ZONED "C -1. , 6, PER COLORADO REVISED STATUTES SEC 38 -51 -106 (L), ALL LINEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U S SURVEY FEET ONE METER EQUALS 39,37 DIVIDED BY 12 U,S, SURVEY FEET ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, 7, THE GEODETIC POINT COORDINATE DATA (CITY OF WHEAT RIDGE DATUM) SHOWN HEREIN HAS BEEN DERIVED FROM THE COLORADO COORDINATE SYSTEM OF 1983, CENTRAL ZONE 0502, AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0,04 U, S, SURVEY FEET AT THE 957 CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPATIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FGDC- STD - 007.2 - 1998), 8. HAZARDOUS MATERIALS: IN THE EVENT ANY HAZARDOUS MATERIALS ARE AT ANY TIME FOUND TO EXIST WITHIN THOSE PORTIONS OF THE PROPERTY SHOWN AS 'RIGHT-OF-WAY HEREBY DEDICATED BY THIS PLAT' TO THE CITY OF WHEAT RIDGE, THE OWNER, FOR ITSELF AND ITS SUCCESSORS AND ASSIGNS, HEREBY AGREES TO INDEMNIFY AND HOLD THE CITY OF WHEAT RIDGE HARMLESS FROM AND AGAINST ANY CLAIMS OR ACTIONS, DAMAGES, COURT COSTS AND ATTORNEY FEES, AND REMEDIATION REQUIREMENTS ASSOCIATED THEREWITH. THE TERM 'HAZARDOUS MATERIALS' INCLUDES BUT IS NOT LIMITED TO SUBSTANCES DEFINED AS HAZARDOUS SUBSTANCES AS DEFINED IN THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT, AS AMENDED, THE HAZARDOUS MATERIALS TRANSPORTATION ACT, AS AMENDED, THE TOXIC SUBSTANCES CONTROL ACT, OR ANY OTHER LAW, STATUTE, RULE, OR REGULATION PERTAINING TO THE PROTECTION OF THE ENVIRONMENT OR THE HEALTH AND SAFETY OF PERSONS OR PROPERTY, SURVEYOR'S CERTIFICATE: I, RAYMOND W. BAYER, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF HOTHI SUBDIVISION WAS MADE BY MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT REPRESENTS SAID SURVEY RAYMOND W, BAYER, REG, P. L, S. NO, 6973 DATE: RECO RDER'S CERTIFICATE, STATE OF COLORADO) COUNTY OF JEFFERSON) I HEREBY CERTIFY THAT THIS PLAT WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO AT O'CLOCK, A. M. , ON THE - - - -- _ DAY OF A. D. , 20 CLERK AND RECORDER 5 City of C MUNITY DEVELOPMENT Memorandum TO: Planning Commission THROUGH: Ken Johnstone, Community Development Director FROM: Lauren Mikulak, Planner I DATE: January 19, 2012 SUBJECT: Zoning code amendments: Planned developments & private rezonings Introduction The last amendment to the planned development code was approved nearly five years ago in May 2007 (Case No. ZOA- 06 -07). At that time, applicants requesting a zone change for commercial development were limited to only one option: rezone to a planned development district. Being the only zone change option, it was important to make the planned development review process as streamlined as possible. Now that applicants have the option to rezone to a mixed use district, a reassessment of the planned development process is particularly opportune. The proposed amendments entail a repeal and reenactment of article III (planned development district regulations) and section 26 -112 (private rezoning), and the revisions will address these central goals: • Separating from the zone change procedure and criteria the approval of specific site design for planned developments; • Establishing a more logical and predictable procedure for planned development approval, allowing a developer to proceed with more assurance through the entitlement process; and • Improving clarity, consistency, and organization within the zoning code. This memo is structured as follows: 1. Background 2. Overview of Proposed Amendments for Article III 3. Overview of Proposed Amendments for Sec. 26 -112 4. Study Session & Project Timeline Background Based on the 2007 amendments, applicants for a planned development are currently allowed to submit a comprehensive document (a specific outline development plan) to seek approval of a zone change, specific site layout, and architectural standards. Alternatively, a two -step process includes first a conceptual outline development plan to establish the planned development zoning designation, followed by a specific outline development plan to establish site layout and architecture. In the two -step option, both steps are processed as zone changes and require approval of ordinances by city council. The two -step process provides for speculative or phased development, but it ultimately leaves developers with more uncertainty by requiring two separate processes for zone change ordinances. Some applicants choose to submit a single specific outline development plan to ensure a single zone change procedure, but this option entails substantially more financial cost and risk at the beginning of the process. With the adoption of mixed use zone districts in 2010, developers seeking a faster and easier entitlement process can now rezone to a mixed use district for commercial development. A zone change to a mixed use district does not require a site specific development plan, and after the zone change is approved, development plans are reviewed administratively for compliance with the mixed use development standards. This change significantly minimizes future dependence on planned development districts, and provides an opportunity to focus on improving the planned development process. A planned development is fundamentally a negotiated zoning and development scenario. While the process will never be as simple as a straight zone change, the purpose of the code amendments is to establish a more logical review procedure and to address the tensions of timing and specificity that are inherent in the planned development process. Ultimately, the proposed amendments provide a better balance between the City's need for a public process and the applicant's desire for more predictability. Overview of Proposed Amendments: Article III — Planned Development District Regulations The entirety of article III is proposed to be repealed and reenacted. A summary of the proposed amendments follows, and a footnoted draft is attached: Review Process A primary goal of the proposed amendment is to separate approval of specific site design from the zone change procedure and criteria. To do so, two distinct processes are proposed for approval of a planned development. Under this approach, new planned developments would include both: 1) An outline development plan that establishes the PD zoning designation, permitted uses, and underlying development parameters; and 2) A specific development plan to provide specific site plans, building elevations, and preliminary civil documents. This approach allows a developer to proceed without concern that the zoning may be revoked with the second, more detailed application. The outline plan is processed as a zone change, approved by ordinance, and subject to legal protest. Once the zoning is approved, an applicant prepares a more detailed submittal showing site and architectural design. The specific development plan is also subject to a public process, but is approved by resolution to accept the site specific development scenario; it is not bound by the zone change procedure or legal protest possibility. An applicant may choose to process these two documents separately or concurrently, at their own risk. The application contents are largely unchanged from current submittal requirements; the amended process simply consists of a more logical, predictable, and economic approach for applicants. Each 2 application associated with a planned development is progressively more detailed but entails progressively less risk on behalf of the applicant. In the proposed amendment, the final development plan (FDP) is replaced with the more user - friendly site plan review process. The two processes are nearly identical. Both entail administrative review of final engineering and site plans; but a site plan review has a lower application fee, does not require recordation, and in some cases may be processed concurrently with a building permit application. This approach mirrors the review process used for development in mixed use zone districts. The attached tables compare the current and proposed processes. Table 1 summarizes the review procedures, table 2 illustrates the timing of submittal requirements, and table 3 compares the characteristics of the existing final development plan and site plan review procedures. Organization Article III has been reorganized to provide clarity for readers. Several sections have been given new titles that more clearly describe the content of the section. The district regulations have been moved to the end of the article which mirrors the sequence of articles I and I1: development review procedures first, followed by the zone district regulations. A new subsection (26- 302.13) discusses the sequence of related applications, including the outline plan, specific plan, site plan review, building permits, and subdivision applications. This information was previously scattered throughout article III. In the current code, section 26 -308 is the longest section and describes the types of development plans, the approval processes, and the application contents. Two distinct processes are now proposed for approval of a planned development: the outline development plan and the specific development plan. Instead of keeping this information in one long section, it is reorganized into four separate sections: • Sec. 26 -303. — Outline development plan review procedures. • Sec. 26 -304. — Outline development plan application contents. • Sec. 26 -305. — Specific development plan review procedures. • Sec. 26 -306. — Specific development plan application contents. Criteria The outline development plan represents a zone change to a planned development district, so the approval criteria are nearly the same as for a straight zone change. The current criteria, however, suggest that a zone change is not justified unless an area has already experienced a change in character. The proposed criteria (26- 303.13) are more logical, recognizing the zone change as a tool to acknowledge actively changing conditions or to bring a property into compliance with City plans and policies. A planned development is not a means around the zoning code, so an additional criterion requires applicants to justify why development is not feasible under any other (straight) zone district, including mixed use zoning. Since the specific development plan is proposed to be separated from the zone change process, a new set of criteria are required. The zone change criteria are not suitable for assessing site plans, building elevations, and preliminary civil documents. Rather, the proposed criteria (26- 305.13) 3 essentially assess the site plan for compliance with the underlying zoning as determined by the outline development plan. Amendments The last major component of the proposed code change relates to plan amendments (26 -308). Flexibility is a central feature of a planned development option, but once approved and recorded planned developments become effectively inflexible. Change is inevitable, and the proposed approach allows the amendment process to become more straightforward: • An amendment to the outline development plan — including a change in permitted uses or development standards —is considered a change in zoning and is processed as a zone change ordinance. This represents no change from the current procedure. • An amendment to the specific development plan— within the parameters and intent of the outline development plan —is proposed to be reviewed either administratively or by planning commission, depending on the scope of the variation. This affords more administrative discretion than is allowed under the current code. Modest changes, approved administratively, may not require an applicant to rerecord the development plan. This could alleviate some applicants of the obligation to record every amendment, but may require staff to reconsider recordkeeping procedures to ensure that amended, unrecorded plans are conveniently accessible. Overview of Proposed Amendments: Sec. 26 -112 - Private rezoning The general zone change procedure is outlined in section 26 -112 of the zoning code. Similar to the amendments for planned developments staff has proposed modifications that increase clarity and update the zone change criteria. There is no change to the process or submittal requirements for a private rezoning. Because reorganization is central to the amendments, the entirety of section 26-112 is proposed to be repealed and reenacted. A summary of the proposed amendments follows, and a footnoted draft is attached: Organization In the current code, the review procedure is interrupted by a description of the application contents and criteria. The proposed amendments consolidate the review procedure into one section that includes the planning commission and city council review (currently in subsections E and F). The application contents are distilled under separate heading. Below is a comparison of the current and proposed organization for section 26 -112: Current: A. Purpose B. Applicability C. Application form and review procedure D. Criteria for review E. Planning commission review F. City council review G. Recordation H. Assessment of comprehensive plan Proposed: A. Purpose B. Applicability C. Review procedure D. Application contents E. Criteria for review F. Recordation G. Assessment of comprehensive plan 4 Applicability Currently, the code states that planned developments are required for any commercial rezoning (other than to a mixed use district), and for any residential or industrial rezoning for property over one acre in size. The code is silent, however, regarding the rezoning to Agricultural, Public Facilities, and Conservation districts. The proposed amendments more clearly state when the procedure for a private zone change applies, versus when a planned development is required. The table below summarizes these applicability requirements. Italic text in the table indicates language being added to the code for clarity; otherwise, there is no change. Rezoning to: Property: Process: Mixed use, public conservation district Any size Private rezoning (sec. 26 -112) Commercial Any size Planned development (art. 1I1) Residential, agricultural, industrial < 1 acre Private rezoning (sec. 26 -112) Residential, agricultural, industrial > 1 acre Planned development (art. III) This information will be included in the applicability sections within 26 -112 (private rezoning) and within section 26 -301 of article III (planned developments). Criteria The current zone change criteria suggest that a rezoning is not justified unless an area has already experienced a change in character. The proposed criteria (26- 112.E) are more logical, recognizing the zone change as a tool which acknowledges actively changing conditions or brings a property into compliance with City plans and policies. Eliminated from the proposed criteria is the requirement for compliance with the Architectural and Site Design Manual (ASDM). Because the application for a private rezoning does not require any site plan or architectural details, compliance with the ASDM is impossible to assess at this stage in the entitlement process. Study Session & Project Timeline The purpose of the January 19 study session is to familiarize the planning commission with the proposed amendments and to solicit feedback. In addition, staff is seeking input on the following specific issue: Height and density development standards: In the amended version of article 111, the development standards for each planned development districts are listed in sections 26 -313 to 26 -317. Each district includes a height maximum and the Planned Residential Development (PRD) includes a density maximum. Given that planned developments are negotiated zoning and development scenarios, and given that there are areas in the City exempted from the charter height and density restriction, would you propose amending or eliminating these height and density development standards? Please note that this topic has not yet been discussed with city council and will also require their policy direction. An anticipated timeline for this code amendment project is as follows: • Study session with Planning Commission — January 19, 2012 • Study session with City Council — March 5, 2012 • Public hearings for ZOA — late spring or early summer 2012 5 Attachments 1. Tables 1-3 2. Article III — Draft 3. Section 26 -112 — Draft H Z W U Q F Q R m C 3 m Q C C 3 _ 'C m C X c 3 'S X v' '5 W X cm Z m m C Z o> m C c a> C_ C a C_ C a> a X X X E a> c X - a o C a - N o C a o X X X X X Q) ) � c CD J x cr ix m a c m J x W � cr Off N N Q a) U L X X N a Q O U L X X O a U Q 2 MS c a N X X c o a N X 1. 0 6 O E m a� X N O m m a= x rna o>a J d U_ a> C = O U a) C O O 'c a m x x O .� Cl- m X X a j US a j x U2 U O U U O U d ti X X a M X X U= o U= 0 a- c X X 0 O m X N 0 O m V) N E . c c a) N E a -E _c O ' 0 N X X p a X 0 N X m Z p Z o cc E a c m - X X a ca O O p O a� Ua E c Uo m a� m O a) E Cl. c m C E c a CL _O p a c C c a c o m c p a 0 E E O a E p CL m O 7 O LU a 0 3 a i m0 ; a W to p aa)j p c W ��, Q) U �E 8 �Ic p a c d m a O O m C O 7 CL U UU)u 0 j a 0U)0 UU)li 0 O 0_ 0 L a C a) 7 U E 0 w m U CL Q a 0 d d d C C A a L O w C d c O U is U . F- m C m C m Q C C x _ 'C m C X C C W W Z m m C Z o> m C C_ C C_ C a> E a c X X X E a> c X - a o C a - N o C a Q) � c CD J x m a c m J x W � N U L X X O U L X X ` Q U Q MS c ai3 c c o 1. 0 E m a� X m m a= x C a> C = O a) C O N '- N a j X a j x O U O U U U o 0 c X X m X N V) N c a) N E a c a7 N E �° O ' X X p a X �a m p o E E - X X a X O O p O Ua Uo m a� m Cl. E c CL _O O c C a c o m a 0 a c a c p E E 3 O a o 0 a> ; a z 3 0 LU N p p c �Ic d c`Fa C m U N C 0 j Q) U UU)li a O chin Table 3. Comparison of the Final Development Plan & Site Plan Review To be determined by staff. Final Development Plan Site Plan Review Purpose Final site design & engineering Final site design & engineering Compliance with ODP (zoning) Compliance with zoning Review Administrative Administrative Fees $500 + $500 /acre $200 + 200 /acre Submittals Application Application Fee Fee Ownership Ownership FDP contents Site plan contents Traffic study Traffic study' Drainage report Drainage report' Soils report Soils report Erosion control Erosion control HOA Format Cover sheet Site plan Site plan Building elevations Building elevations Architectural detail Architectural detail Landscape plan Landscape plan Streetscape plan" After approval Printed on mylar Signed Signed Kept on file Recorded at County Amendments Assigned a case number Assigned a case number Approved administratively Approved administratively Re- recorded at County Kept on file To be determined by staff. Draft - January 19, 2012 - PC Study Session ATTACHMENT 2 ARTICLE III. - PLANNED DEVELOPMENT DISTRICT REGULATIONS Sec. 26 -301. - Scope and application ........................................ ............................... Sec. 26 -302. - Planned development review procedures .......... ............................... Sec. 26 -303. - Outline development plan review procedures .... ............................... Sec. 26 -304. - Outline development plan application contents .. ............................... Sec. 26 -305. - Specific development plan review procedures ... ............................... Sec. 26 -306. - Specific development plan application contents ............................... Sec. 26 -307. - Site plan review .................................................. ............................... Sec. 26 -308. - Amendments to development plans ................... ............................... Sec. 26 -309. - Interpretation of development plans ................... ............................... Sec. 26 -310. - Similar uses in planned developments ............... ............................... Sec. 26 -311. - Binding upon successors and assigns ............... ............................... Sec. 26 -312. - Interim use .......................................................... ............................... Sec. 26 -313. - Planned residential development (PRD) district regulations ............. Sec. 26 -314. - Planned commercial development (PCD) district regulations........... Sec. 26 -315. - Planned industrial development (PID) district regulations ................. Sec. 26 -316. - Planned hospital development (PHD) district regulations ................. Sec. 26 -317. - Planned mixed use development (PMUD) district regulations.......... The order of article III has been reorganized to mirror the sequence of articles I and If: development review procedures first, followed by the zone district regulations. ..1 .. 2 .. 3 .. 5 .. 7 ..8 .. 9 10 11 12 12 12 12 13 14 14 15 Sec. 26 -301. - Scope and application.' A. There is hereby created a planned development district to further promote the public health, safety and general welfare by permitting greater flexibility and innovation in land development based upon a comprehensive, integrated plan. For the purpose of ensuring maximum flexibility of this district, the district is divided into the following planned development zone district categories, based on the primary land use of a proposed development plan or portion thereof: 1. Planned Residential Development —PRD. 2. Planned Commercial Development —PCD. 3. Planned Industrial Development —PID. 4. Planned Hospital Development —PHD. 5. Planned Mixed Used Development —PMUD. By creating the above zone district categories, the city council recognizes that these zone district categories may exist singly or in combination within any approved planned development. B. Applicability. On and after the effective date of this chapter as set forth in section 26 -1003, all applications for private rezoning under section 26 -112 shall be to a planned development district where any one (1) of the following conditions exist: ' Section 301 has only moderate changes to improve clarity and reduce redundancy. Subsection A is identical to the current code. In subsection B, the title "Applicability" has been added and the situations that require a planned development are listed; previously this text was part of a long run -on sentence. In subsection C, the title "Purpose" has been added. The purpose statements have been reduced from ten (10) statements to seven (7), keeping those that answer the question, "What specifically is the purpose of a planned development, as distinct from a straight development ?" Statement number 1 is new, and the rest are identical to the current code. From the original code, statements 5, 7, 8, and 10 are eliminated because they are redundant. Draft — January 19, 2012 — PC Study Session 1. An application for private rezoning to any commercial district, with the exception of a rezoning to any mixed use district, for properties of any size. 2. An application for private rezoning to any residential, agricultural, or industrial district, for which an applicant owns adjacent property which, taken together with the property that is the subject of the application totals more than one (1) acre. This article shall apply to: 1. Any new application for a rezoning to a planned development district. 2. Any application for amendment to an existing planned development zone district. C. Purpose. The intent of the planned development district is to permit the establishment of well - designed, innovative developments which may not be feasible under a standard zone district, but, which may be permitted through the use of an approved development plan by assuring greater control and specificity of intended development character, use, operations and maintenance, while at the same time allowing flexibility and diversity. While the city council recognizes that planned developments may vary certain design and other requirements, the planned development process may not be used to circumvent the intent and spirit of the protections afforded by this chapter. This planned development district recognizes the great variety of land use intensities, densities, and environmental and land use interfaces which are possible. The general purposes of this article are as follows: 1. To accommodate extraordinary or unique development proposals that are not feasible under standard zone districts. 2. To accomplish compatible development with adjacent commercial, residential and /or industrial land uses through proper land use transitions and buffering techniques. 3. To promote flexibility in design and permit diversification in the location of structures. 4. To promote the efficient use of land to facilitate a more economic arrangement of building, circulation systems, land use and utilities. 5. To preserve, to the greatest extent possible, the existing landscape features and to minimize impacts on other natural features of the site. 6. To combine and coordinate architectural styles, building forms and building relationships within the planned developments. 7. To promote conformance with the adopted comprehensive plan, established policies and guidelines for the area and for the community. Sec. 26 -302. — Planned development review procedures. A. Development plans. There are two (2) distinct steps in establishing a planned development: an outline development plan and a specific development plan. The first approval process includes a zone change to a planned development district and approval of an outline development plan. The second approval process is for specific site design and architecture, and includes approval of the specific Z Section 302 includes information that used to be located in 26 -308 (application for planned developments) and elsewhere throughout article III. The new title (planned development review procedures) mirrors the title of article I (development review procedures) and more clearly directs a reader to this section for procedural information. Subsection B discusses the sequence of related applications, including the outline plan, specific plan, site plan review, building permits, and subdivision applications. This information was previously scattered throughout article III. Currently, subdivision plats may be processed simultaneously with a final development plan. Under the proposed process, staff has agreed that platting may appropriately occur in conjunction with the specific development plan. Subsection B also reflects the existing final development plan exemption for single- and two- family planned residential developments (PRDs). With the site plan review proposed to replace the FDP, the language has been updated to exempt the PRDs from site plan review (302.13.4 below). Draft - January 19, 2012 - PC Study Session development plan. Both phases of approval include public hearings subject to the provisions of sections 26 -303 and 26 -305. B. Sequence of related applications. 1. An outline development plan is processed and approved concurrently with a zone change to a planned development zone district. 2. Applications for outline and specific development plans may be submitted concurrently or sequentially. 3. If platting is required, subdivision or plat review may be carried out simultaneously with the review of the specific development plan. Generally, subdivision review is required if a proposed development dedicates right -of -way for streets, easements or other public lands; amends a previously approved subdivision; or creates parcel divisions. Article IV of this chapter should be consulted for subdivision requirements and procedures. 4. All site development within a planned development district shall be subject to the site plan review process outlined in section 26 -111. Planned residential developments, or portions thereof, comprised exclusively of detached single -or two - family dwellings are not required to complete a site plan review process. Sec. 26 -303. - Outline development plan review procedures. An applicant shall submit an outline development plan for approval of a zone change to a planned development district. The outline development plan establishes the zoning, overall development concepts, permitted uses, and development parameters. It also provides a general graphic layout of proposed building pads and proposed circulation concepts. A. Review procedure. An outline development plan is processed and approved concurrently with a zone change to a planned development district, subject to the following review procedure: 1. Preapplication conference. Prior to submitting any zone change application for a planned development district, the applicant must participate in a preapplication conference, as described in section 26 -104. 2. Preapplication neighborhood meeting. After the preapplication conference, but prior to submitting any zone change application for a planned development district, the applicant shall be required to hold a neighborhood input meeting, as described in section 26- 109.A. 3. Application filing. A zone change application shall be submitted to the community development department. Staff will review the application for completeness in accordance with the submittal requirements in section 26 -304. 4. 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. This may occur several times before scheduling a public hearing. b. After the review period, staff will give notice of a scheduled public hearing on the application with notice by publication, letter, and site posting in the manner provided in section 26 -109. 3 In the current code, section 26 -308 is the longest section spanning nine pages and describing of the types of development plans, the approval processes, and the application contents. Instead of keeping this information in one long section, it is reorganized into four separate sections, beginning here with section 303. Section 303 summarizes the approval process for an outline development plan. There is no change to the review procedure which represents a zone change; this section simply includes a streamlined description to improve clarity. The notable change in section 303 is the criteria set in subsection D. In the existing code, the criteria are not listed within article III; rather applicants are directed to respond to the 'rezoning criteria." Staff has determined it is appropriate to have a slightly altered set of criteria for rezoning to a planned development. In the proposed set, criteria 1 and 3 are derived from the existing code; criterion 2 is new; and criterion 4 is modified to recognize the zone change process as a tool for acknowledging that conditions are actively changing or a tool for bringing property into compliance with City plans and policies. Draft — January 19, 2012 — PC Study Session c. Staff will prepare a written report to the planning commission which evaluates the proposal, makes findings, and makes recommendations using the review criteria set forth below in section 26- 303.D. 5. Planning commission review. The planning commission shall hear and consider any evidence or statement presented by the applicant, city staff, or by any person in attendance at a public hearing. Notice of public hearing shall be by publication, letter and site posting in the manner provided in section 26 -109 hereof. The planning commission shall then make a recommendation to city council to approve, approve with conditions, or deny the application, basing its recommendation upon the facts presented in the public hearing in consideration of the criteria for review as specified in section 26- 303.D. 6. City council review. City council shall review and decide upon all requests for change of zone, upon recommendation of the planning commission for approval, approval with conditions, or for denial. Change of zone may only be approved by passage of an ordinance following the city's standard ordinance adoption procedures, including a first reading and public hearing. Notice of public hearing shall be by publication, letter and site posting in the manner provided in section 26 -109 hereof. City council, in addition to consideration of the planning commission record, shall hear additional evidence and testimony presented and either approve, approve with conditions, or deny the ordinance. City council shall base its decision upon all evidence presented, with due consideration of the criteria for review. In the event of a legal protest against such change of zone, as defined in section 5 -10 of the city charter, a zone change shall not be approved except by the favorable vote of three - fourths of the entire city council. The written protest to such change shall be submitted to the city council no later than the hearing on the proposed rezoning ordinance B. Recording. All approved outline development plans shall be recorded with the Jefferson County Clerk and Recorder. Such plans, and associated recording fees shall be submitted to the community development department within sixty (60) days of council's final action. Should a recordable approved outline development plan not be provided to staff within sixty (60) days of council's final action, staff shall schedule a public hearing before city council and city council shall reconsider its approval. A one -time, thirty -day extension for mylar submittal may be requested from the community development director. The request must be submitted in writing prior to expiration of the sixty - day time limit showing evidence of good cause for not meeting the deadline. C. Modifications or amendments. The process for approving amendments to an outline development plan is the same as for the original approval, as described in section 26 -308. D. Criteria for review. The planning commission and city council shall base its decision in consideration of the extent to which the applicant demonstrates the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area; and 2. The development proposed on the subject property is not feasible under any other zone district, and would require an unreasonable number of variances or waivers and conditions; and 3. Adequate infrastructure /facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity; and 4. At least one of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance with, the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Draft — January 19, 2012 — PC Study Session c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. Sec. 26 -304. — Outline development plan application contents. A. Application contents. A complete application for a zone change request to a planned development district shall include: 1. Complete and notarized application. 2. Appropriate fee. 3. Proof of ownership, such as copies of deeds or title commitments. 4. Written authorization from property owner(s) where an agent acts on behalf of the owner(s). 5. Certified boundary and improvement survey. 6. Approved legal description in electronic file format. 7. Mineral rights certification form. 8. A written description of the zone change request. The narrative should include sufficient detail to convey the full intent of the applicant and a justification of why the zone change is appropriate. The narrative should address: a. Need for the change of zone. b. Present and future effect on the existing zone districts, development and physical character of the surrounding area. c. Access to the area, traffic patterns and impact of the requested zone on these factors. d. Availability of utilities. e. Present and future effect on public facilities and services, such as fire, police, water, sanitation, roadways, parks, schools, etc. f. A discussion of the relationship between the proposal and adopted plans and /or policies of the city. 9. Outline development plan. The application shall include the appropriate number of copies, as determined at the pre - application conference. All informational requirements of the outline development plan shall be met, as described below in subsection B. The outline development plan must provide enough information for the review bodies to determine how the property will be developed. 10. Additional information may be required, including, but not limited to, drainage study and plan, grading plan, geological stability report, traffic impact report, floodplain impact report, or general environmental impact report. This information will be required in hard copy and in electronic file format. ' Section 304 summarizes application contents for a zone change to a planned development district, as well as the form and contents of the outline development plan. There is no change to the submittal requirements; in fact subsection A is identical to the submittal requirements for a straight zone change (26 -112). In the current code, the contents of an outline development plan are found in section 26- 308.C.2, but the list appears wordy and unclear, and it lacks a logical sequence. Subsection 304.6, below, is substantially reorganized for clarity, but the contents are largely equivalent to the current requirements for an outline development plan. Staff will prepare supplemental handouts for applicants to further explain and define some of the requirements (for example, to explain an "ownership /unified control statement'). Draft - January 19, 2012 - PC Study Session B. Form and content of outline development plan. The maps which are a part of the outline development plan shall be made at a scale of not less than one (1) inch equals one hundred (100) feet. The size of the sheet shall be twenty -four (24) inches by thirty -six (36) inches and must comply with the Jefferson County Clerk and Recorder's requirements. The outline development plan shall contain the following minimum information: 1. Project information a. Title of document. b. Complete metes and bounds legal description on the current city datum with proper section and PHAC ties per city geodetic requirements. c. Small scale location map, with north arrow and scale. d. Ownership /unified control statement, if applicable. e. Character of development. f. Name, address, and phone number of architect and engineer associated with the project. g. Appropriate certification blocks as determined by the community development department. h. Case history box with reference case numbers. i. A note shall be added to any outline development plan which states: "This outline development plan is conceptual in nature. Specific development elements such as site layout and building architecture have not been addressed on this document. As a result, a specific development plan must be submitted and approved by the City of Wheat Ridge prior to the submittal of a site plan and any subsequent site development." 2. Development standards. a. List of permitted land uses. b. Maximum building coverage. c. Minimum landscape coverage and open space. d. Minimum lot sizes, dimensions, net density, and gross density. e. Minimum perimeter setback or build -to lines. f. Minimum separation between buildings. g. Maximum building height. h. Standards for signage, lighting, fencing, screening and landscaping. i. Standards for off - street vehicular parking, bicycle parking, and loading. j. Standards for accessory structures and outdoor storage, display, and sales. k. Standards for architecture and site design, if varying from the Architectural and Site Design Manual or other applicable design standards. 3. Sketch plan. The drawings shall be to- scale, but may be in sketch site plan format. The plan shall include the locations of the following: a. Property boundary (which corresponds to legal description) with existing /proposed lot lines. b. Proposed circulation concepts, including roads, right -of -way, access points, and sidewalks. c. General areas to be used for landscaping, parking, and building pads. d. General areas to be used for drainage, parks, and other areas to be reserved or dedicated to public use. 6 Draft - January 19, 2012 - PC Study Session e. Significant land features (ditches, streams, lakes, topography, etc.) within or adjacent to the property. f. Zoning for adjacent properties. g. Adjoining property lot lines, building access, parking, so that development compatibility can be determined. h. Scale and north arrow (scale not to exceed 1" = 100'). Sec. 26 -305. - Specific development plan review procedures. For any approved outline development plan, a specific development plan must be approved before site plan review or building permit applications are submitted. The purpose of the specific development plan is to establish a site layout, architectural standards, and building elevations for one (1) or more phases of development and to demonstrate feasibility through preliminary engineering. A. Review procedure. 1. Preapplication conference. Prior to submitting any application for a specific development plan, the applicant must participate in a preapplication conference, as described in section 26 -104. 2. 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 -306. 3. 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. This may occur several times before scheduling a public hearing. b. After the review period, staff will give notice of a scheduled public hearing on the application with notice by publication, letter, and site posting in the manner provided in section 26 -109. c. Staff will prepare a written report to the planning commission which evaluates the proposal, makes findings, and makes recommendations using the review criteria set forth below in section 26- 305.D. 4. Planning commission review. The planning commission shall hear and consider any evidence or statement presented by the applicant, city staff, or by any person in attendance at a public hearing. Notice of public hearing shall be by publication, letter and site posting in the manner provided in section 26 -109 hereof. The planning commission shall then make a recommendation to city council to approve, approve with conditions, or deny the application, basing its recommendation upon the facts presented in the public hearing in consideration of the criteria for review as specified in 26- 305.D. 5. City Council review. City council shall review and decide upon all specific development plan applications at a public hearing. Upon receipt of the development plan and the recommendation of the planning commission, the city council shall either approve, approve with conditions, deny, or refer the plan back to planning commission for further study. Specific development plans may only be approved by resolution, following the city's standards resolution adoption procedures. City council shall base its decision upon all evidence presented, with due consideration of the criteria for review. 5 Section 305 describes the new review process for specific development plans. After approval of an outline development plan to establish zoning and underlying development standards, this second step entails approval of the site layout, building elevations, and preliminary civil designs. Approval of a specific development plan is proposed to be by resolution, based on a unique set of criteria which are outlined in subsection D. This new set of criteria reflects the requirement that a specific development plan must be consistent with the intent and standards of the underlying zoning, as determined by the outline development plan. Draft — January 19, 2012 — PC Study Session B. Recording. All approved specific development plans shall be recorded with the Jefferson County Clerk and Recorder. Such plans, and associated recording fees shall be submitted to the community development department within sixty (60) days of council's final action. Should a recordable approved specific development plan not be provided to staff within sixty (60) days of council's final action, staff shall schedule a public hearing before city council and city council shall reconsider its approval. A one -time, thirty -day extension for mylar submittal may be requested from the community development director. The request must be submitted in writing prior to expiration of the sixty - day time limit showing evidence of good cause for not meeting the deadline. C. Modifications or amendments. See section 26 -308. D. Criteria for review. The planning commission and city council shall base its decision in consideration of the extent to which the applicant demonstrates that all of the following criteria have been met: 1. The proposed specific development plan is consistent with the purpose of a planned development as stated in section 26 -301 of this article; and 2. The proposed specific development plan is consistent with the design intent or purpose of the approved outline development plan; and 3. The proposed uses indicated in the specific development plan are consistent with the uses approved by the outline development plan; and 4. The site is appropriately designed and is consistent with the development guidelines established in the outline development plan; and 5. Adequate infrastructure /facilities are available to serve the subject property, or the applicant will upgrade and provide such where they do not exist or are under capacity; and 6. The proposed specific development plan is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual, Streetscape Design Manual, and other applicable design standards. Sec. 26 -306. — Specific development plan application contents. A. Application contents. A complete application for a specific development plan shall include: 1. Complete and notarized application. 2. Appropriate fee. 3. Proof of ownership, such as copies of deeds or title commitments. 4. Written authorization from property owner(s) where an agent acts on behalf of the owner(s). 5. Certified boundary and improvement survey. 6. A written description of the proposed development. 7. Specific development plan. The application shall include the appropriate number of copies, as determined at the pre - application conference. All informational requirements of the specific development plan shall be met, as described below in subsection B. 8. Additional information may be required, including, but not limited to, drainage study and plan, grading plan, geological stability report, traffic impact report, floodplain impact report, or general environmental impact report. This information will be required in hard copy and in electronic file format. 6 Section 306 summarizes the form and contents of an application for a specific development plan. In the current code, applicants have the option of submitting a conceptual outline development plan and a detailed outline development plan, though the contents of each are not listed separately. This new code section clearly specifies the level of detail required for a specific development plan, the contents of which are largely equivalent to the current requirements for a detailed outline development plan. The language related to the architectural elevation and aerial perspective is taken from the current code and from existing supplementary handouts. Draft — January 19, 2012 — PC Study Session B. Form and content of specific development plan. The maps which are a part of the specific development plan shall be made at a scale of not less than one (1) inch equals one hundred (100) feet. The size of the sheet shall be twenty -four (24) inches by thirty -six (36) inches and must comply with the Jefferson County Clerk and Recorder's requirements. The specific development plan shall contain the following minimum information: 1. Project information. a. Title of document. b. Complete metes and bounds legal description on the current city datum with proper section and PHAC ties per city geodetic requirements. c. Small scale location map, with north arrow and scale. d. Ownership /unified control statement, if applicable. e. Name, address, and phone number of architect and engineer associated with the project. f. Appropriate certification blocks as determined by the community development department. g. Case history box with reference case numbers. 2. Site plan. The drawings shall be to -scale and shall include the locations of the following: a. Property boundary (which corresponds to legal description) with existing /proposed lot lines. b. Proposed locations for landscaping, parking, building locations, and buffering. c. Proposed areas to be used for drainage, parks, and other areas to be reserved or dedicated to public use. d. Existing and proposed circulation system, including roads, rights -of -way, access points, sidewalks, and pedestrian linkages. e. Existing and proposed easements and rights -of -way with accurate dimensions. f. Significant land features (ditches, streams, lakes, topography, etc.) within or adjacent to the property. g. Zoning for adjacent properties. h. Adjoining property lot lines, building access, parking, so that development compatibility can be determined. i. Scale and north arrow (scale not to exceed 1" = 100'). 3. Architectural elevations. Architectural elevations shall illustrate approximate building height and proposed architectural materials. The drawings should be of sufficient detail to illustrate massing, height, and general character of the proposed structures. Applicants must provide enough information for the review bodies to determine compliance with applicable standards. 4. Aerial perspective. A blackline aerial perspective or "birds'- eye - view" image of the project shall illustrate building location, layout, bulk, and height in three dimensions. Sec. 26 -307. — Site plan review.' A. All site development within a planned development district shall be subject to the site plan review process outlined in section 26 -111. The final development plan (FDP) is replaced with the more user - friendly site plan review process. Like the FPD, site plan review provides the final engineering and site design details. The site plan can provide the basis for building permit review. Currently, the site plan review process is most commonly used in conjunction with the mixed use zone districts to confirm compliance with the development standards, though it can be used for development in any zone district. The language included here in section 307 is identical to that found in section 26 -1115 (site plan review). Draft — January 19, 2012 — PC Study Session B. The site plan provides final engineering and site design details. All site plan applications will be reviewed for consistency with the standards in the outline and specific development plans. C. Under certain circumstances, subject to approval by the community development director and to be determined at the required pre - application meeting, site plan review applications may be processed simultaneously with building permit applications D. All approved site plans shall be kept on file in the community development department. E. Planned residential developments, or portions thereof, comprised exclusively of detached single - or two - family dwellings are not required to complete a site plan review process. Sec. 26 -308. — Amendments to development plans. A. General. Amendments may be initiated by property owners within an approved development plan as provided in this section, or by the city in accordance with section 26 -113. If the amendment affects the provisions for access, drainage, utilities and /or circulation, affected property owners must consent to the application for amendment in writing. B. Outline development plan amendments. All applications for amendment to an outline development plan must be approved in writing by at least twenty -five (25) percent of the owners of real property contained within the area originally approved by the outline development plan, unless specific alternative provisions have been approved by city council as part of the unified control agreement. An amendment to an approved outline development plan shall require a new application, subject to the same procedures and requirements as for the original approval, if any of the following conditions exist: 1. Substantial changes that alter the character of the development. 2. Any change to the development parameters on the outline development plan, including, but not limited to: a. An increase in the gross floor area of structures beyond the authorized maximum allowed on the approved outline development plan. b. An increase in density of use beyond the authorized maximum allowed on the approved outline development plan. c. A change in perimeter setbacks or build -to beyond what is authorized on the approved outline development plan. d. A reduction in required buffer areas. e. An increase in height of any structures beyond the authorized maximum allowed on the approved outline development plan. f. Proposed land uses are not permitted on the approved outline development plan. C. Specific development plan amendments. A specific development plan may vary from the approved outline development plan so long as the thresholds for an outline development plan amendment are not met as set forth in subsection B above. Administrative review. The community development director may approve variations including, but not limited to: re- orienting of buildings, parking lots, landscaping areas, architectural details, 8 Section 308 outlines the triggers and procedure for amending a development plan. In the current code, amendment procedures are described in section 26 -311, and there are very few changes proposed herein. Subsection B is unchanged except for the additional trigger in 308.6.1 in which a substantial change in character would trigger a new outline development plan. This is implied in the current code, but not stated outright. Subsection C relates to specific development plans. Any amendments within the parameters and intent of the outline development plan are proposed to be reviewed administratively or by planning commission, depending on the scope of the variation. This affords more administrative discretion than is allowed under the current code. Staff recommends not including prescriptive thresholds for which amendments require review to be administrative versus by planning commission. Administratively approved amendments are proposed to not be recorded to save time and money for the applicant. Subsection D addresses variances for residential planned developments, for which there is no change from the current code. 10 Draft — January 19, 2012 — PC Study Session interior setbacks, a change in intensity and similar variations that do not affect neighboring properties or the overall character of the development. Administratively approved amendments are not required to be recorded; but should be reflected in the site plan kept on file in the community development department. 2. Planning commission review. The planning commission shall review and decide upon amendments that exceed administrative review, including, but not limited to change in circulation and building location. Review is subject to the notice, hearing, and decision- making procedures provided in section 26 -109. Any changes to a specific development plan which are approved by planning commission, must be recorded with the Jefferson County Recorder as amendments to the original recorded development plan subject to the provisions of section 26- 305.6. 3. Substantial changes, extensive enough to be considered a new site design, are required to be processed as a new specific development plan application, subject to the same procedures and requirements as for the original approval in section 26 -305. 4. At no time can approval of a specific development plan result in any increase beyond a maximum development standard or any decrease below a minimum development standard listed on the outline development plan. If any of these conditions occurs, the outline development plan must be amended as described in subsection B above. 5. The director of community development or the planning commission shall base its decision in consideration of the following findings of fact: a. The amendment maintains the design intent or purpose of the original approved development plan; and b. The amendment maintains the quality of design or product established by the original approved development plan; and c. The amendment is not materially detrimental to the public welfare or to uses or property in the immediate vicinity of the development plan. The director and planning commission may impose conditions upon any amendment to ensure the proposal complies with the purpose and intent of the original approval. D. Variances. Variances to the strict application of development standards established by an outline or specific development plan may be requested only for properties within single- and two - family planned residential developments, following the applicable administrative or non - administrative variance process as prescribed in section 26 -115. Sec. 26 -309. — Interpretation of development plans. A. Detailed specifications and standards which should have been set forth on approved outline and specific development plans, but which were found subsequent to approval to have been omitted, may be interpreted by the community development director to be those specifications and standards set forth in the zone district in which the approved uses contained within the approved development plan would be permitted. B. The supplementary regulations of article VI apply to uses and activities within planned development districts, unless otherwise provided in the approved development plan. C. If the outline and specific development plans do not address a particular development standard, the standard of the zone district which most closely matches the planned development as determined by the community development director shall be used. D. The owner of any property who or which feels aggrieved by such determination may appeal the interpretation to the board of adjustment pursuant to the provisions of section 26- 115.E. 9 Section 309 discusses how development plans shall be interpreted. The content of this section is unchanged from the current code, section 26 -309 (application of standards). The title has been modified to provide clarity. In addition, the word "determination" has been replaced with "interpretation" for consistency with the BOA interpretation process outlined in section 26- 115.E. BE Draft — January 19, 2012 — PC Study Session E. If the development standards specified on a recorded development plan do not meet the current standards of chapter 26, a site plan can be approved consistent with those standards on the recorded development plan. Sec. 26 -310. — Similar uses in planned developments. A. Definition. A similar use is a use which would be similar in size, type of operation, services provided or equipment used, number of employees, and hours of operation and which would: 1. Be compatible in character and impact with permitted uses in the planned development, 2. Be consistent with the intent of the planned development, 3. Not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, and 4. Not be hazardous to the health and safety of surrounding areas through danger of fire or explosion. B. Similar use determination. For any use which is not specifically listed as a permitted use in a planned development district, the community development director is authorized determine if the proposed use is similar. If the community development director finds that the proposed use meets the definition of similar use contained in section (a) above, the community development director is authorized to approve the similar use. The owner of any property who or which feels aggrieved by such determination may appeal the interpretation to the board of adjustment pursuant to the provisions of section 26- 115.E. Sec. 26 -311. — Binding upon successors and assigns." All approved development plans shall be binding upon the owner(s), their successors and assigns, and shall limit the development to all conditions and limitations established in such plans, and as may be contained in separately recorded agreements, covenants, condominium declarations, etc., which were approved by city council as part of a planned development approval. Sec. 26 -312. — Interim use. Subsequent to rezoning to a planned development district and approval of a development plan or site plan, but prior to development and use of a parcel in accordance with the approved plan, the property may continue to be used for any lawful purpose for which it was used at the time of outline development plan approval; provided, however, that no new permanent structures or additions to existing structures will be permitted. Sec. 26 -313. — Planned residential development (PRD) district regulations . A. Area. No minimum. 10 Section 310 corresponds to section 26 -307 in the current code which defines the term "similar use." For clarity, this section of code has been relocated within article III, so the two sections on interpretation (standards and use) are adjacent. Subsection B, regarding the similar use determination process, is proposed to be amended. Under the current code, the determination process entails a public notification period with letter notice and sign posting. Staff recommends the similar use determination process be strictly administrative with no public noticing, similar to the process outlined in section 26 -309 herein. Any administrative decision may be appealed. " Section 311 is identical to the current code, section 26 -310; no changes are proposed. t2 Section 312 is nearly identical to the original code, section 26 -312. The only change is a reference to the final development plan which has been replaced with the site plan. 13 The following five (5) sections regarding the zone district regulations remain largely unchanged. These sections correspond to sections 26 -303 to 306.5 in the original code. They have been moved to the end of the article to mirror the sequence of articles I and II: development review procedures first, followed by the zone district regulations. A reference to streetscape and architectural design guidelines has been added for PRD, PCD, PID, and PMUD; and a reference to lighting standards has been added to all sections. References to outline and final development plans have been updated to reflect the proposed outline and specific development plans and the site plan. This section, 26 -313, included a reference to residential site design standards (sec 26 -504) which was repealed in 2007; the reference has been removed. 12 Draft — January 19, 2012 — PC Study Session B. Density: Maximum twenty -one (21) dwelling units per acre. C. Height. Maximum thirty -five (35) feet. D. Landscaping: In accordance with section 26 -502, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. E. Parking: In accordance with section 26 -501, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. F. Exterior lighting: In accordance with section 26 -503, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. G. Fences and walls: In accordance with section 26 -603, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. H. Signage: In accordance with article VII, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. I. Streetscape and architectural design guidelines. In accordance with currently adopted design manuals per section 26 -224, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. J. The requirements of this section shall not apply to impose a density requirement of less than twenty -one (21) units per acre, with respect to the reconstruction of residential dwelling in the PRD district, where such structures and their reconstruction meet all of the following requirements: 1. The structure was legally in existence on September 8, 1997; 2. The structure is located upon a lot which does not meet the then - applicable minimum lot area and /or minimum land area per unit requirements for such proposed reconstruction; and 3. Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: 1. New construction where no replacement of a preexisting structure takes place; or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). K. A planned residential development shall be required for any mobile home park and must meet the standards for mobile home park design in section 26 -506 Sec. 26 -314. — Planned commercial development (PCD) district regulations. A. Area: No minimum. B. Height: Commercial structures shall not exceed fifty (50) feet. C. Landscaping: In accordance with section 26 -502, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. D. Parking: In accordance with section 26 -501, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. E. Exterior lighting: In accordance with section 26 -503, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. F. Fences and walls: In accordance with section 26 -603, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. G. Signage: In accordance with article VII, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. H. Streetscape and architectural design guidelines. In accordance with currently adopted design manuals per section 26 -224, otherwise as established by the outline development plan and as specifically 13 Draft — January 19, 2012 — PC Study Session detailed on an approved specific development plan or site plan. I. A planned commercial district shall be used to establish any proposed recreational vehicle park. Sec. 26 -315. — Planned industrial development (PID) district regulations. 14 A. Area: Each planned industrial development district shall be minimum of one (1) acre. B. Height: Maximum fifty (50) feet. C. Landscaping: In accordance with section 26 -502, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. D. Parking: In accordance with section 26 -501, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. E. Exterior lighting: In accordance with section 26 -503, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. F. Fences and walls: In accordance with section 26 -603, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. G. Signage: In accordance with article VII, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. H. Streetscape and architectural design guidelines. In accordance with currently adopted design manuals per section 26 -224, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. Sec. 26 -316. — Planned hospital development (PHD) district regulations. A. Allowable uses. The following uses hereinafter listed shall be permitted only as specifically designated on the approved outline development plan: 1. Public and private general hospital. 2. Hospitals or sanitariums for contagious diseases, or the mentally disturbed or handicapped. 3. Independent living units, homes for the aged, nursing homes, congregate care homes, hospices or similar residential facilities which are accessory to a hospital or sanitarium principal use. 4. Accessory uses and structures customarily associated with the permitted uses as shown on the approved specific development plan or site plan. B. Area. Each Planned Hospital District shall be a minimum of five (5) acres, except as provided below. C. Lot width. Two hundred (200) feet minimum. D. Setback requirements: 1. Front: Fifty (50) feet minimum. 2. Side: Twenty -five (25) feet minimum plus ten (10) feet for each story. The intent is to provide a minimum twenty- five -foot landscape buffer adjacent to residential zoned property. 3. Rear. Twenty -five (25) feet minimum, plus ten (10) feet for each story. The intent is to provide a minimum twenty- five -foot landscape buffer adjacent to residential zoned property. E. Height: 1. Hospital buildings: Fifty (50) feet maximum, except as follows: a. Sixty -five (65) feet where the lot on which the building is to be constructed is at least fifty (50) acres in size. " Section 315 included a reference to industrial performance standards (sec 26 -505) that was repealed in 2007; the reference has been removed. 14 Draft — January 19, 2012 — PC Study Session b. Additions attached to existing hospitals may be built to a height not to exceed the height of the existing building. 2. Offices: Fifty (50) feet maximum. 3. Residential: Thirty -five (35) feet maximum. 4. Accessory: Thirty -five (35) feet maximum. F. Residential density. No residential development, excluding congregate care homes, nursing homes or intermediate nursing care facilities, shall exceed twenty -one (21) dwelling units per acre. G. Landscaping: 1. Minimum twenty -five (25) percent overall site requirement. 2. Twenty- five -foot landscape buffer required along property lines adjacent to residential zoned property. 3. Unless otherwise specifically provided for on the approved plan, all landscaping shall meet the requirements set forth in section 26 -502 H. Parking: In accordance with section 26 -501, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. I. Exterior lighting: In accordance with section 26 -503, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. J. Fences and walls: In accordance with section 26 -603, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. K. Signage: In accordance with article VII, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. Sec. 26 -317. — Planned mixed use development (PMUD) district regulations. A. Purpose. This district is established to provide a zoning classification to allow the integration of residential and commercial uses and development which is consistent with the surrounding neighborhoods and which meets the intent of the comprehensive plan, the Architectural and Site Design Manual and the Streetscape Design Manual. It is not intended to be used solely to permit a higher density than allowed in the planned residential development (PRD) district nor to circumvent other specific standards of the planned residential and planned commercial districts. Instead, it is intended to create a zone district which will allow flexibility in use, design, and orientation while maximizing space, community interest and protecting nearby and adjacent residential neighborhoods. B. Permitted uses. Permitted uses shall be a mixture of residential and commercial uses governed by approval of the outline development plan. C. Area. No minimum. D. Height. Maximum fifty (50) feet for freestanding commercial buildings only; thirty -five (35) feet for structures containing commercial and residential uses; thirty -five (35) feet for freestanding residential structures. E. Density. Maximum of twenty -one (21) units per acre. F. Landscaping. In accordance with section 26 -502, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. G. Parking. In accordance with section 26 -501, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. Allowances may be made for shared parking spaces if it can be demonstrated to the satisfaction of the person or approval body designated as having final approval authority that parking demand for different uses occurs at different time. 15 Draft — January 19, 2012 — PC Study Session H. Exterior lighting: In accordance with section 26 -503, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. I. Fences and wall. In accordance with section 26 -603, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. J. Signage. In accordance with article VII, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. K. Streetscape and architectural design guidelines. In accordance with currently adopted design manuals per section 26 -224, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. 16 Draft — January 19, 2012 — PC Study Session ATTACHMENT 3 Sec. 26 -112. - Private rezoning. A. Purpose.' A change of any zone district as shown on the official zoning map is permitted only when it is consistent with the goals and policies of the Wheat Ridge Comprehensive Plan and promotes the general welfare of the community. If a proposed amendment is not consistent with the comprehensive plan, then the request may only be approved if the applicant demonstrates that the request is justified because of changed or changing conditions in the particular area or in the city in general, or the rezone is necessary to correct a manifest error in the existing zone classification. A manifest error may include, but may not be limited to, one (1) or more of the following: 1. Mapping errors, including incorrect boundary location or incorrect zone designation, or 2. Ordinance errors including incorrect zone designation, legal description error or typographical errors. The final decision on a change of zone expressly rests in the exercise of the discretion of the city council and all applicants are advised there is no right to a change of zone of property B. Applicability. 1. The requirements of this section shall be applicable throughout the boundaries of the City of Wheat Ridge and to any areas that are proposed to be annexed to the city where one (1) of the following is proposed: a. Change of zone of a parcel of land from one (1) zone district classification to another zone district. This includes an application for private rezoning within or to any mixed use, public facilities, or conservation district; as well as a rezoning within or to any residential, agricultural, or industrial zone district for properties up to one (1) acre in size. b. Changing of the conditions of an existing zone district where those conditions were specifically established by a previous rezoning ordinance. 2. All applications for private rezoning shall be to a planned development district where any one (1) of the following conditions exists. Article III of this chapter should be consulted for planned development requirements and procedures. a. An application for private rezoning to any commercial district, with the exception of a rezoning to any mixed use district, for properties of any size. b. An application for private rezoning to any residential, agricultural, or industrial district, for which an applicant owns adjacent property which, taken together with the property that is the subject of the application totals more than one (1) acre. C. Review procedure: 1. Preapplication conference. Prior to submitting any application for a change of zone, the applicant must participate in a preapplication conference, as described in section 26 -104. 2. Neighborhood meeting. After the preapplication conference, but prior to submitting any application for a change of zone, the applicant shall be required to hold a neighborhood meeting in accordance with section 26- 109.A. ' Subsection A (purpose) has no change from the current code. 2 Subsection B (applicability) is updated to more clearly delineate when the procedure of this section applies versus when a planned development is required. In the current code, a reader must refer to article III for details regarding planned development applicability, and the code is entirely silent regarding zone changes to Agricultural, Public Facilities, and Conservation districts. All types of zone changes are now explicitly addressed. 3 Subsection C (review procedure) summarizes in a step -by -step manner the procedure for a private zone change. It represents a consolidation of parts C, E, and F of the original code. There is no change to the review procedure; this section simply includes a streamlined description of the process to improve clarity. Draft — January 19, 2012 — PC Study Session 3. Application filing. A zone change application shall be submitted to the community development department. Staff will review the application for completeness in accordance with the submittal requirements in subsection D below. 4. 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. This may occur several times before scheduling a public hearing. b. After the review period, staff will give notice of a scheduled public hearing on the application, with notice by publication, letter and site posting in the manner provided in section 26 -109. c. Staff will prepare a written report to the planning commission which evaluates the proposal, makes findings, and makes recommendations using the review criteria set forth below in subsection E below. 5. Planning commission review. The planning commission shall hear and consider any evidence or statement presented by the applicant, city staff, or by any person in attendance at a public hearing. Notice of public hearing shall be by publication, letter and site posting in the manner provided in section 26 -109 hereof. The planning commission shall then make a recommendation to city council to approve, approve with conditions, or deny the application, basing its recommendation upon the facts presented in the public hearing in consideration of the criteria for review as specified in subsection E below. 6. City council review. City council shall review and decide upon all requests for change of zone, upon recommendation of the planning commission for approval, approval with conditions, or for denial. Change of zone may only be approved by passage of an ordinance following the city's standard ordinance adoption procedures, including a first reading and public hearing. Notice of public hearing shall be by publication, letter and site posting in the manner provided in section 26- 109 hereof. City council, in addition to consideration of the planning commission record, shall hear additional evidence and testimony presented and either approve, approve with conditions, or deny the ordinance. City council shall base its decision upon all evidence presented, with due consideration of the criteria for review. In the event of a legal protest against such change of zone, as defined in section 5 -10 of the city charter, a zone change shall not be approved except by the favorable vote of three - fourths of the entire city council. The written protest to such change shall be submitted to the city council no later than the hearing on the proposed rezoning ordinance. D. Application contents. A complete application packet for a zone change request shall include: 1. Complete and notarized application 2. Appropriate fee. 3. Proof of ownership, such as copies of deeds or title commitments. 4. Written authorization from property owner(s) where an agent acts on behalf of the owner(s). 5. Certified boundary and improvement survey. 6. Mineral rights certification form. 7. A written description of the zone change request. The narrative should include sufficient detail to convey the full intent of the applicant and a justification of why the zone change is appropriate. The narrative should address: a. Need for the change of zone. Subsection D briefly lists the required contents for a zone change application. The list herein combines the language from the existing code in section 26- 112.C.4 and from the submittal checklist that zone change applicants receive. Draft — January 19, 2012 — PC Study Session b. Present and future effect on the existing zone districts, development and physical character of the surrounding area. c. Access to the area, traffic patterns and impact of the requested zone on these factors. d. Availability of utilities. e. Present and future effect on public facilities and services, such as fire, police, water, sanitation, roadways, parks, schools, etc. f. A discussion of the relationship between the proposal and adopted plans and /or policies of the city. E. Criteria forreview. The planning commission and city council shall base its decision in consideration of the extent to which the applicant demonstrates the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area; and 2. Adequate infrastructure /facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity; and 3. At least one of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance with, the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. F. Recordation. All approved zoning ordinances shall be recorded with the Jefferson County Clerk and Recorder by the city clerk within thirty (30) days of the effective date of such ordinance. G. Assessment of comprehensive plan.' Planning commission and city council shall periodically perform an assessment of zoning decisions to consider modification of the comprehensive plan future land use map if zone changes are made which differ significantly from the designation on the map. If zone changes are denied when in conformance with the designation on the future land use map, modifications to the map shall also be considered. 5 In subsection E, criterion 1 and 2 are retained from the current code, and criterion 3 represents a modification. The current zone change criteria suggest that a rezoning is not justified unless an area has already experienced a change in character. The proposed criteria are more logical, recognizing the zone change as a tool which acknowledges changing conditions or brings a property into compliance with City plans and policies. Eliminated from the proposed criteria is the requirement for compliance with the Architectural and Site Design Manual (ASDM). Because the application for a private rezoning does not require any site plan or architectural details, compliance with the ASDM is impossible to assess at this stage in the entitlement process. 6 There is no change in subsection F regarding recordation. It corresponds to section 26 -112.G in the current code. Subsection G includes a minor modification. The code currently calls for an annual assessment of zoning decisions, and this has been changed to a 'periodic' review. The city attorney will confirm that this change complies with any applicable laws. -` 1( - City of ` Wheat j,dg COMMUNITY DEVELOPMENT Memorandum TO: Planning Commission THROUGH: Ken Johnstone, Community Development Director FROM: Kathy Field, Administrative Assistant DATE: January 11, 2012 SUBJECT: Resolution Designating a Public Place for the Posting of Notices of Public Meetings Pursuant to legislative amendments to the Colorado Open Meeting Law at Section 24-6 - 402(2)(c), Planning Commission is to annually designate at its first meeting for each calendar year a public place for the posting of notices for meetings. By properly designating a place for posting meeting notices, a public entity will be deemed to have given full and timely notice of any meeting so long as notice thereof was posted as the designated place at least twenty -four hours in advance thereof. Attached is Resolution 01, Series of 2012, which identifies the lobby of the Municipal Building and the City's website as the designated place for posting of meeting notices. Attachment Resolution 01-2012 CITY OF WHEAT RIDGE PLANNING COMMISION RESOLUTION NO. 01 Series of 2012 A RESOLUTION ESTABLISHING A DESIGNATED PUBLIC PLACE FOR THE POSTING OF MEETING NOTICES AS REQUIRED BY THE COLORADO OPEN MEETINGS LAW WHEREAS, the Planning Commission of the City of Wheat Ridge, Colorado, deems it in the public interest to provide full and timely notice of all of its meetings; and WHEREAS, the Colorado state legislature amended the Colorado Open Meetings Laws, Section 24 -6 -401, et seq., C.R.S. to require all "local public bodies" subject to the requirements of the law to annually designate at the local public body's first regular meeting of each calendar year, the place for posting notices of public hearings no less than twenty -four hours prior to the holding of the meeting; and WHEREAS, "local public body" is defined by Section 24- 6- 402(1)(a) to include "any board, committee, commission, authority, or other advisory, policy - making, rule- making, or formally constituted body of any political subdivision of the state and any public or private entity to which a political subdivision, or an official thereof, has delegated a governmental decision - making function but does not include persons on the administrative staff of the local public body ". NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Wheat Ridge, Colorado, that: 1. The lobby of the Municipal Building and the City's website shall constitute the designated public place for the posting of meeting notices as required by the Colorado Open Meetings Law. 2. The Community Development Director or his designee shall be responsible for posting the required notices no later than twenty -four (24) hours prior to the holding of the meeting. 3. All meeting notices shall include specific agenda information, where possible. DONE AND RESOLVED THIS day of 9 2012. Chair, Planning Commission ATTEST: Secretary to the Planning Commission eAplanningWormsVescc