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Home My WebLink AboutZOA-12-01City of ]R:Wh6at c COMMUNiTy DEVEMPMEW TO: Meredith, Sarah, Kathy FROM: Lauren DATE: July 24, 2012 SUBJECT: Updated handouts for review 0 C4��, The following documents have been updated based on the code an related to planned developments and standard zone changes. Please review for content and errors. After all comments have been addressed, the website and file cabinets will be updated. rhank you! . I TO: Planning Division DATE: July 23, 2012 SUBJECT: PD Application Fees 1. Current and proposed fees related to planned developments: Rezone to PD District (Outline Development Plan) Application Fee $800 + $125/acre Publication/Public Notice Fee $450 Development Plan Amendment, Admin Application Fee $300 + $250/acre ? :?? +2� 2???f}*S? ©«f # +?? ?+ #?? #2> «� «Qf2f© ? #»> ? ¢«� d #.<+ * f *}2 222 ? d +. : ?1\� «z «±»� ?� \ :c* «+? >aw :r. »± + :yw w� : #d< m,» .2t «»�� } »� »< <W 2 «wm 4 f» » »> # Hgspl ? f4 ? « ¥dixe WII go is \ ?? 2 ct Of ing the deadline, a m # N a ml .� b. : \ pla for \ «2<¥f <y +fmfm tf» , .f i ci ¥ « <d # * »«d i s= m> »¥w * «W2» £ «m«a2#y< w « »: a 09 26-113 m iP 8b ,a ""` ! "` � " IIIIIIIIII III q 111 11 1 1 # 4 � � � �� # mm 1. Z is The structure was legally in existence on September 8, 1997, m m G. 2� 00 0 * 04 2 «¥t ?y t ?f S w ?y» at § # # +» »««+ ■ < >�va> <2 » » +<y « :w « +d < « > * »y +£?±d »>« im ovWng: designation, or a Mapping ertors, Induding incottect boundary location or incorred zone &. r> » §y<>¥ftn Wd»to EN #k 272 Q § § b lication, letter and \ske posting in the «;>d+lwfy +£ ?w»x > ¥ y« #» ©©> »a »>: a 2« 00104 y 2 : ¥» * « i § 77 1 0" w; ? ±¥f*? ¥ <2» w /t and n conditions i .»w » ««? y>¥ >«* « < » + ? » <y »a ©>3 « ¥ «< ®m<+ figgftA Section 26A06 of tt* Code, ent4led Fie pmcess chan is he*y 41f M to t"& SEPARATE FROM AND SUBSEQUENT TO ODP APPROVAL, Key: 0 0 ER l� &t00 «v± «< <a *«*< §vv» *yw 0? :00*iO b d ± < #f 4« a£ « «y »w» y >»» «« w REAA ADOPTED AND ORDERED PUBLISHED on second and fmal reading by it of SIGNED by the Mayor on this 9 th day of MY 2012. +r IBM cl" shoot 0"00 Omkisow N(]��) 11 -�I' I I I I a m w T- C) co Cl) C) CN 0 F— cl LA m 0 1. x ox x 0 a M.0 r. 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U .G LL co 0 cr ! 1 e Case No. OA -12 -01 / Plarmed Developments Council Action Fo ,July 9, 2012 Page 2 R� FINANCIAL 114PACT: ... : esiabii es a • • i ! 6 • At 0_ ever the new procedures may result in less staff time proce plann developments. Further the ordinance deve t als b B * • # jjj a Case 'I o. OA -12 -01 t Planned Developments Council Action Form July 9, 201 Page Case No. ZOA -12 -01 / Planned Developments July 9, 2012 Page 4 o a s f a sp fie development p ge s an ad♦ iti I two months and reduces redundant fc�ews, F*4RICBSIMIMPI MWOMIMMISMUM4 A new set of criteria areproposed tbrtbe spe6fic development plan. 'Mese are more suitable for assessing the site plan for compliance with the underlying i6fiihg. Case No. ZOA - 1 2-01 / Planned Developments Council Action Form July 9, 2012 Page 5 procedure into one section and more clearly state when a private zone change applies, ver=§ when a planned development is required. Sec. 2-60 (Planning commission) Chapter 2 (Administration) of the code of laws establishes the functions of the City's boards and commissions. Section 2-60 states the functions of the planning commission, and summarizes land use procedures as they relate to planning commission review. The proposed amendments include updates to section 2-60 to align with current review procedures. ftEC!QAfljE_NDATjONS: Staff recommends approval of the ordinance. REC!QMMEITDED MOLION.- I move to approve Council Bill No. LO-2012, an ordinance amending Chapter 26 concerning the planned development district regulations and private zone changes and making certain amendments to Chapter 2 in association herewith, on second reading, and that it take effect 15 days after final publication. VV AAtr, & Case No. ZOA- 12 -01 / Planned Developments • wr 0 t"a X CL c� A ttachmen t v C c� 5. CL 0 Co PO �s a »,c CL n FV Co 0'" .. Cr "ca Co Co A ttachmen t 2 it wii #.; # # C ommissioner # seconded by C ommissioner GUILDNER to adjourn the meeting at 8:20 p.m. Motion carried 7-0. Planning Commission Minutes -5— May 1,7, 01 2 TITLE: Attachment 3 4. Planned Hospital Devedopmen� 5. Planned Mixed Used Developmep��PMUP. The city council recognizes these zone disfria categories may exist singly or in combination within any approved planned development. # # # # M # • # # # 1.1 Mapp�liddtl[6nWa46hb 6h�hgei6A"66rniii4rc!61�di��4ith the exception of a rezoning to any mixed use district, for properties of any size. 2, the application, totals more than on e (1) acre, This article shall apply to: 1. Any n ew application for a rezoning to a planned de velopment district. 5. To preserve, to the greatest extent possible, the existing landscape features and t o minimize impacts on other natural features o N D. Criteria f re view. The UITA . �T# RMIGgirMIKEVA i" • i t P .?se their • ! • I . 9 Con M g. Adjoining property lot lines, building access, and parking so that development compatibility can b e determined. h. Scale and n orth arrow (S c ale` not to exceed 1 `= 100'). conditions, orAehy the application, bbsinqfts�dodgi6ji upon th&bcts presented in the public hearing in considerati6h o s pecified in 2 6 - 3 05.D . LZI IN 11 Ml in B. Height Maximum fifty (50) feet. C. Landscapin a ance with s6dio 6-562,6theiwfse as �6st6bfished by the outline development plan and as Sp661ficauy detailed on an approved sp6cific development plan. I M m 18 & RE RE NN Section 3. Section 26-106 of the Code, entitled 'Review process -chart," is herebv amended to read: Pre-Application Final Approval Requested Notes Staff Neighborhood Staff PC CC BOA URPC Planned Development: Outline x x H H URA ART fit' Development Plan (ODP) PLANNED DEVELOPMENT: AMENDMENT AmeAdmepA `~----'` SEPARATE FROM AND SUBSEQUENT TO ODP APPROVAL. M PC: Planning commission CC: City council BOA: Board of adjustment PER '! !`• • y to read. # # . . 0 the department of community development pursuant to article 111, provided the air• lacility is consistent • KA READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of - to -, this _ day • 2012. SIGNED by the Mayor on this day of ------ 2012. Janelle Shaver, City Clerk mron publication: June 28, 2012 publication: Wheat Ridge Transcript: Effective Date: m J4 Pill iL Case No. ZOA- 12-01 /Planned Developments Page a Case No. 7-OA-12-01 J Planned Developments Council Action Form June 25, 2012 Page 3 designation,, followed by a pment plan to establi sb site layout and architeptur�. Under this option, both steps require a neighborhood nippti* are PMIPC ss as zone changes, and require approval of ordinances by city council. Both steps arp also is reviewed subject to legal protest. Subsequently,, a final development plan (FDP) administratively for approval • fiAal design and engineering. Case No. OA - -01 / Planned Developments Council Action Form June 25, 2012 Page 4 pian, an appa pr7ceet of a specific &Vd6pment plahL4 change that saves an additional two months and reduces redundant reviews. Attachment I compares the tu� and proposed processes. Organizadi* ifio4rnv*t-w I A new set of criteria are proposed for the specific development plan. These are more suitable for assessing the site plan for compliance with the underlying zoning. process. Ibisiftb d adininistrativc discretion thatfis provided vhder the cu ent code. Case No. OA - -01 / Planned Developments RMKMW- June 25, 2012 Page 5 RECOMMENDATIONS: Or, "I move to postpone indefinitely Council Bill No. 10-2012, an ordinance amending Chapter 26 concerning the plamied development district regulations and private zon, changes and making certain amendments to Chapter 2 in association herewith, for t following reason(s) REPORT PREPARED BY; Lauren Mikulak, Planner I Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Direct] DUI 1111111 MMMIRLIMSM, - Case No. 7-OA- 12-01 / Planned Developments �» . �' �, �� ,� ,. • r .� .. ,�, «a �. • �» �, .� • �. o «� • ,. �, �. ,. ,� �. .� • WHEREAS, in the exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 • the Wheat Ridge Code of "Code") pertaining 10 oning, land �use, �and development; and 1. Planned Residential Development—PRD. 2. Planned Commercial Development—PCD. 4. Planned Hospital Developrnento-�PHD. 5. Planned Mixed Used Developm • 0 R appficantand not further processed until the incomplete items have been supplied. Review 4. d referral. Upon receipt of • ete application packet community developmentAeparthi6ht sh6ll proceed • s • process: 0 A 1. Project information. a. Title of document. 0 � f. ' Name, :address, and . phone ` number of architect and engineer associated with the project. g` ^,~p^�r`~--- c e r tifica t i o n __-_--_=--_ y communit - de v el opment h. Case hi L A rt*�sl box with reference case numbers. oe addedAo� any outline development Man which �statqs: N commission shall then make a decision to approve, aplfdV6 with conditions ' or deny the applicatioh, basing itsAbcWon upon the facts presented in the public hearing in considereitio of r specified in 26-305.D. 0 m m i► 1 • • s • • s i .1- IILA "MOM m legally 1. The structure was on .p t• « rar and/or 2. The structure is located upon a1ot which does not meet the then-applicable minimum lot area • area per -• for proposed e • • and in A. Area. No minimum. M MA IH pian. Kil m 9.0 z4f 1, � a IV,I�y P� t�l AV� �,.� § of o odbUnIng to 0 hereby Section 3. Section 26-106 of the Code, entitled "Review process chart," is !`i to read: a • w M] A 44 Planned Development: Outline M U 2 ART III Development Plan Amendment PLANNED DEVELOPMENT: SPECIFIC DEVELOPMENT PLAN x A H A ART III AMENDMENT —A AmeAdm" A AJRA A Rezoning, Private x M N URA § 26-112 M] 0 Section 7. Section 20�24, subsection A.3 of the Code, pertaining to the desi manual exemptions, is hereby amended by to read: I w era • : ! 1. han ° KE READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of - to , this _ day of 2012. SIGNED by the Mayor • this day of 2012. Jerry DiTullio, Mayor Janelle Shaver, City Clerk Gerald Dahl, City Attorney %st publication: �nd publication: Wheat Ridge Transcript* Effective Date: m CITY • WHEAT RIDGE NOTICE OF PUBLIC HEARING BEFORE PLANNING COMMISSION ON PROPIPSED Z11-NEG COIIE AMFXUUL The proposed ordinance is available in electronic form on the City's official website, www.ci.wheatridae.co.us, Legal Notices. Copies are also available in printed form in t Community Development Department. Published: Wheat Ridge Transcript, May 10, 2012 MEETING DATE: May 17,2012 IOU W.- �-- 1 # I - �1 � Case Manager: Lauren Mikulak Date of Preparation: May 9, 201 6*11MMKI BACKGROUND: 0 CODE CHANGE ORDINANCE Chapter 26 establishes procedures for two types of private zone changes: a private rezoning to a straight zone district and a rezoning to a planned development district, prior to the 2010 adoption of mixed use zone districts, applicants requesting a zone change to] commercial and industrial development were limited to only one option: rezone to a planned development district. Now that applicants have the option to rezone to a mixed use district, a reassessment of the planned development process is particularly opportune, A planned development is fundamentally a negotiated zoning and development scenario, and the proposed process separates the zoning and design components of a planned development to reduce the cost and time OA - -01 / Planned Developments associated with an application review. Each step in the review procedure will now be progressively more detailed but entail progressively less risk for an applicant. The proposed ordinance was reviewed by the Planning Commission at a study session on January 19, 2012, The ordinance was reviewed by the City Council at a study session on April 2, 2012. Current Praces.v The zoning code currently provides two options for review of a planned development application: The two-step process provides for speculative or phased development, but it ultimately leaves developers with more uncertainty by requiring that both steps be processed as 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 and results in rigid details of design. Proposed.P races s A primary goal of the proposed amendment is to separate, approval of specific site design from the zone change procedure and criteria. Under this approach, new planned developments would include two components: 1) An outline develgVMD2t lan (ODP) that establishes the planned development zoning designation, permitted uses, and underlying development parameters; and 2) A specific development plan (SDP) to provide specific site plans, building elevations, and preliminary civil documents.. Applicants will still have two options for review, including a concurrent and subsequent submittal, but the two-step process will be notably more efficient by establishing planning commission as the final authority for the specific development plan. ZOO -1? -01 / Planned Developments 2 With the planning commission as the final authority for specific developments, an applicant may save tip to two months under the two-step process. With the elimination of the final development plan, an applicant may proceed directly to building permit review after the approval of a specific development plan---a change that saves an additional two months and reduces redundant reviews. Exhibit I compares the current and proposed processes. A new set of criteria are proposed for the specific development plan. These are more suitable for assessina the site plan for compliance with the underlying zoning, Amendmeno Flexibility is a central feature of a planned development option, but once approved and recorded a planned development typically entails very restrictive zoning and detailed site plans, making them effectively inflexible. Change is inevitable, and under the proposed code an amendment to ZOA- 12-01 /Planned Developments the specific development plan--within the parameters and intent of the outline development plan—would be reviewed administratively or by planning commission, depending on the scope of the variation. An additional provision allows existing planned developments to be amended under the proposed process. This affords more flexibility and administrative discretion than is provided under the current code. Sec. 2-60 (Planning commission) Chapter 2 (Administration) of the code of laws establishes the functions of the City's boards and commissions. Section 2-60 states the functions of the planning commission, and summarizes land use procedures as they relate to planning commission review. The proposed amendments include updates to section 2-60 to align with current review procedures. RATIONALE FOR AMENDMENT Because a planned development includes both zoning and design components, the process will never be as simple as a straight zone change. The option for mixed use rezoning significantly minimizes future dependence on planned development districts, but there are, and will continue to be, unique development scenarios that are not feasible Linder other zone districts. The purpose of this code amendment is to establish a more logical, predictable, and efficient review procedure, allowing a developer to proceed with more assurance through the entitlement process. Ultimately, the amended procedure Supports City goals by reducing cost, time, and redundancies associated with planned development approvals and by minimizing risk for applicants. RECOMMENDED MOTION: I move to recommend approval of the proposed ordinance amending Chapter 26 concerning the planned development district regulations and private zone changes and making certain amendments to Chapter 2 in association herewith." OA -1? -01 / Planned Developments 4 References to Planned Developments in the Code of Li4s Code Notes Section Section Title Amended? FupJated is section exempts PI)s from site plan 'iew; this exemption remains now that 'ite plan review we've eliminated this step, so this section is not amended Updates numerical ref'erences to Article III Updates titles of PD documents This section suggests that zone changes can 02.A stablishment of only occur per 26-112 and 26-113; Do we istricts need to add a reference to Article III Design manual Updates titles of PD documents This section states the final plat needs to 6-407.A-B Final plat reflect the OD'p no changes are propose for this section Updates titles of PD do"Ments Y Updates titles of PD documents Replaces reference to MP; please confirm Y that fivestanding CMRS needs to be reflected only on SDP. not ODP Ibis section states accessory structures in ry buildings hanges are proposed for this sectioa-1 Violations Y Updates titles of PD do uments Th is section states the functions of the planning commission and summarizes land 2-60 use procedures, but does not appear to have been updated as procedures have changed; proposed arnendfrients should at least address PD rocedures Why is this codified" It hasn"t been Appendix A Fee Schedule updated since 2003; no changes are proposed for this section since we haven't yet discussed fees this accordingly, If so, do we have to mention it in the title of the ordinance? 2 I'll format and insert when a final draft is ready, ATTACCHMENT I Aw-w IR Section 3. Section 26-106 of the Code, entitled ` °Review process chart," is hereby amended to reed.: TABLE INSET; Pre-Application Frost Approval Requested Notes Staff Neighborhood Staff PC CC BOA URPC Punned Development: Outline M � ART III 2 Development Plan (O P) PLANNED DEVELOPMENT: SPECIFIC DEVELOPMENT PLAN ?C _ U RA ART III A -W Planned Development O tline R ART III 2 Development Plan Amendment PLANNED DEVELOPMENT: SPECIFIC DEVELOPMENT PLAN x A H A ART III AMENDMENT A , A 44 Rezoning, Private R I H tl -1122 H. Public hearing required A: Administrative review 1 don't think we need to amend this text. If that's correct; IT eliminate this section, Comments? C. Review freestar r--]PWjM-WIM bd a a IVILW I N 1 4 �Allr W In LW IMAM--. !FM 17 *ltago s a js 711* amen =c devel not sure that this section has been updated as the procedures in chapter 26 have been updated Pleaserevie the proposed changes for subsections g-j. don't 7 We subdivision Do we update approved 8 Some final plats are administratively, which is not reflected in this section. Do we update now or subdivision regs Z, update ' This must refer to an old process" SUPs don't go to PC and don't follow the procedure for a zone change, Do we r or READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote to -, this _ day of 2012. < ©$ by the Mayor on this day of 2■12 Janelle Shaver, City Clerk i i St publication: March 29, 2012 2 nd publication.- Wheat Ridge Transcript. Effective Date: Oemn. rom Sec. 26-112. - Private rezoning. "�# � ♦ � w. 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 • why the zone change is appropriate. The narrative should address: WMWOM 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. E. Criteria for review. The planning commission and city council shall base its decision in 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 Z 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 • are under capacity and April 23, 2012 — Final Draft for Staff Review ARTICLE III. - PLANNED DEVELOPMENT DISTRICT REGULATIONS Sec. 26 -301. – Scope and application ........................................................... ..............................1 Sec. 26 -302. – Planned development review procedures ............................. ..............................2 Sec. 26 -303. – Outline development plan review procedures ........................ ..............................3 Sec. 26 -304. – Outline development plan application contents ..................... ..............................5 Sec. 26 -305. – Specific development plan review procedures ...................... ..............................7 Sec. 26 -306. – Specific development plan application contents .................... ..............................9 Sec. 26 -312. – Planned residential development (PRD) district regulations . .............................14 – Amendments to development plans ..................................... .............................11 Sec. 26 -307. Sec. 26 -308. – Interpretation of development plans ..................................... .............................13 Sec. 26 -309. – Similar uses in planned developments ................................. .............................13 Sec. 26 -310. – Binding upon successors and assigns ................................. .............................14 Sec 26 -311. – Interim use ........................................................................... .............................14 Sec. 26 -312. – Planned residential development (PRD) district regulations . .............................14 Sec. 26 -313. – Planned commercial development (PCD) district regulations ............................15 Sec. 26 -314. – Planned industrial development (PID) district regulations ..... .............................16 Sec. 26 -315. – Planned hospital development (PHD) district regulations ..... .............................16 Sec. 26 -316. – Planned mixed use development (PMUD) district regulations ...........................17 Sec. 26 -301. – Scope and application. A. District created. 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 a zone change shall be to a planned development district where any one (1) of the following conditions exist: 1. An application for a zone change to any commercial district, with the exception of a rezoning to any mixed use district, for properties of any size. 2. An application for a zone change to any industrial, residential, or agricultural district for property over one (1) acre in size, or 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: � 0 � r A 4 f cc Jul - P ,� STj � CAL lo� C�✓� lo�'� L� cv�► -rr�- f � ►' D I f.Gi?'1/� � � � P' M"°` �u.. � ip- u,�,t.,,h(,�,/.. - r �'''. April 23, 2012 — Final Draft for Staff Review 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. The 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: approval of an outline development plan O( DP) and approval of a specific development plan (SDP) 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 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. Applications for outline and specific development plans may be submitted concurrently or sequentially. 2. 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. April 23, 2012 - Final Draft for Staff Review ZM Z 27M Sec. 26 -303. — Outline development plan review procedures. The 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. An outline development plan 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. If staff determines the application is not complete, it will be returned to the applicant and not further processed until the incomplete items have been supplied. 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. —pub}t 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- 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 the public hearing. Notice of public hearing shall be by publication, letter and site posting in the manner provided in section 26 -109. 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. April 23, 2012 — Final Draft for Staff Review 6. City council review. City council shall review and decide upon all requests for approval of an outline development plan, 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. 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 as specified in section 26.303.D. 7. In the event of a legal protest against the rezoning component of the planned development approval, under the procedure set forth section 5 -10 of the home rule 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. 8. eal. A decision by the city council on a proposed zone change to a planned de oment zone district may be aoDealed to the Jefferson Countv District Court.' B. Record0g. 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 their 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 city- approved policies or plans for the area. ' Do we need to state this? April 23, 2012 - Final Draft for Staff Review 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. 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 form. 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 document. 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 dependent upon the size and complexity of impact of the proposal. This includes, but is not limited to, drainage study and plan, grading plan, geological stability report, traffic impact report, floodplain impact report, or AA r c. )-e V 5 P � April 23, 2012 - Final Draft for Staff Review general environmental impact report. This information will be required in hard copy and in electronic file format. 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 plap right -of -way or building permit application 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. ' Does this language sufficiently convey that we can require preliminary engineering with the ODP? It is similar to the existing language for PDs and other land use cases. April 23, 2012 — Final Draft for Staff Review 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 must correspond 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. 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, and 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. After the approval of the outline development plan, a specific development plan must be approved before s plan r°,,,° • right -of -way or building permit applications may be 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. If staff determines the application is not complete, it will be returned to the applicant and not further processed until the incomplete items have been supplied. 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. f cheduling a paw ing. 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. April 23, 2012 - Final Draft for Staff Review 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. Public hearing. 3 a. Subseauent review. A specific development plan is reviewed a approved b planning commission if the SDP application is submitted subsequent to approval of an outline development plan. i. 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. The planning commission shall then make a decision to approve, approve with conditions, or deny the application basing its decision upon the facts presented in the public hearing in consideration of the criteria for review as specified in 26- 305.D. ii. Appeal If the applicant objects to conditions placed on the approval or if the specific development plan is denied an appeal of the decision may be filed with the city clerk's office within ten (10) working days from the date of the planning commission's decision whereupon the specific development plan will be scheduled for public hearing before city council. b Concurrent review. If the outline development plan and specific development plan applications are submitted concurrently city council review is required for the specific development plan. i. 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. 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. ii. 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 shall be approved by resolution. City council shall base its decision upon all evidence presented, with due consideration of the criteria for review as specified in 26- 305. D. iii. 'ADbeal. A decisio to the Jefferson sed sDecif ' This section has been reworked based on comments received at the city council study session. The review of the SDP now depends on whether it is submitted after an ODP is approved, or if it's submitted with the ODP. Davis asked that we clarify the appeal process; this language was taken from the minor subdivision regs. is it acceptable? Is a land use decision that isn't a zone change appealed to district court? Do we need to state this here? April 23, 2012 - Final Draft for Staff Review B. Recording. All approved specific development plans shall be recorded with the Jefferson County Clerk and Recorder. Such plans, and associated recording fees shall be submitted to the community development department within sixty (60) days of council's final action. Should a recordable approved specific development plan not be provided to staff within sixty (60) days of council's final action to approve, staff shall schedule a public hearing before city council 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 their 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 form. 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 document. 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. �t April 23, 2012 —Final Draft for Staff Review 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 9 report, or general environmental impact report. This information will be required in hard copy and in electronic file forma t. 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. 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 " Does this language sufficiently convey that we will likely require preliminary or final engineering with the SDP? It is similar to the existing language for PDs and other land use cases. We discussed in microdev that we'd likely require final engineering with SDPs since there is no longer a site plan /FDP component. If platting is required. final engineering may be required with a subsequent subdivision application. The timing of engineering submittals would all be determined at a pre - application meeting. M PaVe" " JA V i- U V t I ��Y t April 23, 2012 - Final Draft for Staff Review 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. to perspective. A blackline aerial perspective or "birds'- eye- view" image of the project shall illustrate building location, layout, bulk, and height in three dimensions. Se-r. 26-307. Site plan review. B. The site PIaR PFE)Vide6 fiRal 3Rd site desigR details. All Site PIaR appliGatieRS D. All apPF9yed site PIaRG shall be kept E)R file 1 121 the GeMMURity deVelopmeRt depaFtment. Sec. 26 -307. — 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. M April 23, 2012 - Final Draft for Staff Review f. Proposed land uses 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 variations are within the approved development parameters. At no time may approval of a specific development plan result in any increase beyond a maximum development standard or any decrease below a minimum development standard as listed on the outline development plan. If any of the conditions occur, the outline development plan must be amended, as described in suf 6 ion above. An amendment to a specific development plan must be approved in writin!jby,t he wners of the real property for which the amendment is being requested. Amendments m Initiated by property owners within an approved development plan w / �. If the amendment affects the provisions for access, drainage, utilities and /or circulation, V affected property owners must consent to the application for amendment in writing. 1. Administrative review. The community development director may approve minor amendments to a specific development plan which, in the reasonable judgment of the community development director, do not affect neighboring properties or the overall character of the development. These may include variations to buildings orientation, parking lots, landscaping areas, architectural details, interior setbacks, and similar variations that meet the review criteria set forth below in section 26 -308.0 Administratively approved ame ndments are not required to be recorded 2. Planning commission review. Substantial changes which, in the reasonable judgment of the community development director, exceed the scope of the administrative review or are extensive enough to be considered a new site design shall be reviewed and decided upon by the planning commission. The community development director's determination of substantial change shall be based upon factors such as size and relative impact to adiacent DroDertv, and may include, but are not limited to, chanqes in circula and building location Review by planning commission is subject to the notice, hearing, and decision - making procedures provided in section 26- 109. Planning commission shall base its decision upon all evidence presented, with due consideration of the criteria for review as specified in section 26- 308.C.3 below. 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 specific development plan subject to the provisions of section 26- 305.B.8. This language is fro he existing code related to FDP amendments. I realized that we haven't stated who can apply for and who needs to consent to SDP amendment. I would recommend we delete the option for a city - initiated change to an SDP, as it is no longer a zoning do ment. 8 We no longer r uire a site plan review: how do we want to memorialize /track administrative amendments? e Previously, th e levels of amendments were proposed: administrative review (described above in sec. C.1), planning commission review (sec. .2), or PC +CC (an amendment that was essentially a new SDP, sec. C.3). Since PC is now the final authority on SDPs, ther are only two levels of SDP amendments: administrative review or review by planning commission. Therefore the language om C.2 and C.3 has been combined. address the appeal process for amendments? For either admin or PC decisions? AA') t yS� 'S y� 12 April 23, 2012 — Final Draft for Staff Review 4.. _Criteria for review. 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. The applicable administrative or non- administrative variance process shall be followed as prescribed in section 26 -11 a Add' Sec. 26- 349 — Interpretation of development plans. YI, 06W wLa.vv� A. Detailed specifications and standards which should have been set forth on approved �DI��SDp 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. The owner of any property aggrieved by such determination may appeal the interpretation to the board of adjustment pursuant to the provisions of section 26- 115.E. D. It the development standards specified on a recorded outline development plan do not meet the current standards of chapter 26, a specific development plan can nevertheless be approved so long as the specific development plan complies with the approved outline development. This provision does not apply to requirements listed under article IV subdivision regulations. Sec. 26- 38309. — 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, 13 April 23, 2012 — Final Draft for Staff Review 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 p itted use in a planned development district, the community development director is authorized etermine 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- 3U310. — Binding upon successors and assigns. All approved outline and specific and site 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 -34 -2311. — Interim use. Subsequent to rezoning to a planned development district and approval of an outline,- or specific. OF site development 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- 343312. — Planned residential development (PRD) district regulations. A. Area. No minimum. 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 {� s4ii P�aq- 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 planer site 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 e 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 ewe. 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 9 s `[! April 23, 2012 - Final Draft for Staff Review 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 ^r Site p '. aR . 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- 3-44313. — 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 trr site i tia +l. 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 of s+ 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 plae. 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 9F site aR. G. Signage. In accordance with article VII, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plane site P4R- 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 p lan. I. A planned commercial district shall be used to establish any proposed recreational vehicle park. 15 April 23, 2012 - Final Draft for Staff Review Sec. 26 -314. — Planned industrial development (PID) district regulations. 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 eF Site 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 planes site f1k f 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 er site laR. 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 eF site plae. G. Signage. In accordance with article VII, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plane site ' 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 plaR. Sec. 26- 3x-6315. — 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 ) r s ; +�; 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. 11141 April 23, 2012 - Final Draft for Staff Review 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. 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 eFsite plaR• 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 e Sit . 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 e F Site ,, K. Signage. In accordance with article VII, otherwise as established by the outline development plan and as specifically detailed on an approved specific development planer site {)Jan. Sec. 26 -316. — 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 17 April 23, 2012 — Final Draft for Staff Review 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 9F site p 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. 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 tae. 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 aR. 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 of site 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 O i[ 7JV V'V Ves Lauren Mikulak t)k Vi J From: Dave Brossman Sent: Wednesday, April 25, 2012 9 AM To: Lauren Mikulak Subject: RE: Engineering for Planned Developments H David F. Brossman, PLS Development Review Engineer/City Surveyor Phone & Fax: 303.235,2804 City of' ('P Pu LIC OR ..... . . ....... ... . From: Lauren Mikulak Sent: Wednesday, April 25, 2012 8:47 Al To: Dave Brossman Subject: Engineering for Planned Developments On Monday, the planners reviewed a final draft of the proposed planned development code. In light of our conversatic with you and Tim, we have included additionally flexibility to require preliminary or final engineering with an ODP/SDP1 have attached excerpts from the proposed code that highlight the locations where we discuss civil requirements. The language is pretty general right now: I I ' 11= • • 1 1 1 iii Mi ii ii;;! ill 0 111 11 illiliiiiiiiiiiiij! 11 1 1:7 11 111 of P9. MCOPMENT MUNMY Orsicormt C&Wl t, ndividual or entity named above, If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. Ifyou received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network • which your computer is connected. Thank you. 19 11 llw 1 1 1 1� 'III 1:1111:pI III I I IIIIIIIIII I m, Jill 1111 kl=W M14 Em AA/ "` WaAAA - N , - Ij -�x - ffli o t I cc-')1u, k� , - I t , I�ry �/m I N/I 4 W City of h6at, R DWE �j UNrTY LOPMENT �Igie TO: Mayor and City Council THROUGH: Patrick Goff, City Manager Ken Johnstone, Community Development Director FROM: Lauren Mikulak, Planner I DATE: April 2, 2012 for City Council Study Session SUBJECT: Zoning code amendments: Planned developments & private re 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: Separate the zone change procedure (ordinance and criteria) from the approval of specific site desigm for planned developments; Establish a more logical and predictable procedure for planned development approval, allowing a developer to proceed with more assurance through the entitlement process; and Improve clarity, consistency, and organization within the zoning code. Planning Commission discussed the proposed code amendments with staff at a Study Session on January 19, and expressed support for the proposed process and for improved clarity within the code. This memo summarizes the amendments and is structured as follows: 1. Background 2. Overview of Proposed Amendments for Article III (Planned Developments) 3. Overview of Proposed Amendments for Sec. 26-112 (Private Rezoning) 4. Study Session & Project Timeline Background Based on the 2007 amendments, a planned development applicant is 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 Zoning Code Amendments April 2, 2012 Page 2 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 and results in rigid details of design. 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 this code amendment 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. 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. Under this approach, new planned developments would include two components: 1) An outline development plan that provides a concept plan and establishes the PD zoning designation, permitted uses, and underlying development parameters; and 2) A specific develgpmoLplan to provide specific site plans, building elevations, and preliminary civil documents. There are numerous advantages to approving zoning with a less detailed concept plan as the first submittal: this allows Council to approve the major elements of a PD that require policy decisions, N Zoning Code Amendments April 2, 2012 Page 3 it allows a developer to avoid the expense of detailed plans with a first application, and it gives a developer the endorsement to proceed with a more detailed application without Concern that the zoning may be revoked. Reliance on a concept plan may not be sufficient for final project approval, however, and the public and neighbors may demand more details. The specific development plan includes a more detailed submittal showing site and architectural design and is proposed to be reviewed by planning commission and city council. Ultimately, the central question we are trying to resolve is this: which project elements and what level of detail do we want to see and when? 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 step is progressively more detailed but entails progressively less risk for an applicant. At the January 2012 study session, the planning commission supported the proposed process. In particular, commissioners noted that while approval by resolution does not afford veto power to the Mayor, a resolution may be the more appropriate instrument for approving design and site plan details. Veto power and citizen legal protest would be appropriately retained for the approval of the zone change component. Attachments I and 2 compare the current and proposed processes. A new set of criteria are proposed for the specific development plan. These are more suitable for assessing the site plan for compliance with the underlying zoning. I Zoning Code Amendments April 2 1 ,2012 Page 4 Study Session & Project Titneline An anticipated timeline for this code amendment project is as follows: • Study session with Planning Commission — January 19, 2012--conipleted • Study session with City Council — April 2, 2012 • Public hearings for ZOA — late spring or early summer 2012 The purpose of the April 2 study session is to familiarize the Mayor and council members with the proposed amendments and to solicit feedback. Additional Policy Questions In addition, staff is seeking input on the following specific issues: expiration of planned developments and approval of specific development plans. A sunset would require the City to reconsider zoning approval and would relieve a potential developer of the burden of rezoning. Planning commissioners suggested a review of approved but inactive planned developments after 5 years, but requested further research. 11 Zoning Code Amendments April 2, 2012 Page 5 A royal of ecific develo meat lens In the time since the January 19 study session with planning commission, the Mayor has raised the question of alternative review scenarios. In particular, staff has been asked to consider administrative review of the specific development plan. As described in this met the attached draft proposes that the specific development plan no longer be approved by ordinance. This means that city council is no longer required to be the deciding authority, and therefore it is certainly worth considering who should review site and architectural designs. Council is asked to consider: Attachments Attachment 1: Tables 1-3 Attachment 2: Submittal Contents Attachment 3: Chapter 26, Article III - Draft Attachment 4: Section 26-112 -- Draft 9 A TTACHMENT ,, . .... ., The following tables compare the current and proposed processes. Table I 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. Table 2. Typical Contents for as Planned Development Application, Current & Proposed f ' X Table 1. Planned Development Review Process, Current & Proposed „� w r rr rr Meeting Meeting PC Public Hearing * r Hearing wr. '" r - Po�ssiible Re a 0_ 0 TO .. M r , Enginee IU�u i En IN r -r q m� S pecific Development +» r . �. r Ian „ R eview .. N e i ghborhood Meeting PC P Hearing P Hearing r. l ProtestW Possible Recording Required " Review ! rr . • , Enginee IU�u i En IN r -r q m� S pecific Development +» r . �. r Ian „ R eview .. - r development r • r r r. a • . r r : ,, r :U r A .r- , Enginee IU�u i En IN r -r q m� r . �. r Final Development Plan PROP re rr Devel r r . r yr r r r A r r.... .. r Final • .. r q m� r . �. r r. P lan r„ .. « r •« a• 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 OOP (zoning) Compliance with zoning Review Administrative Administrative Fees $500 + $500/acre $200 + 2001acre 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. • • ar F -10, 0 C c 0) c c a 0) 0 0) 0) CL C c 4" Z (D (D 0 w (D C n 0) VO) a a E S 5 E 5 0- 0 E o 0. C14 C 0 41 V 0 E m m 0 4) C3 0 ( D 0 060 4 S2 d ) '15 Via" 2 0 -C -C (D 0 b a�6 0 0 (D CL M 0 m 4) �c ffiou N -C m (D m > 2 z a- 0 Z X -C c .121 Q. E as CL 09909 Z a- 0 -j W u , E 0 = .6 CL 2 = a 19 21 N FRI 191 CP 72 If AA Q AJ ii 1 C: 9-MIN m 19 1, 1"i 11,1 ki i'M i it R ICH MWR M' 11 111 MINHIPITHIN11 2� tip �111 j i Hll ill; FitH Rod% r", u (D N g Him C4 ... ..... .... �WAV KW ISM C: c 0) a 0) 0) 0 w (D C n 0) VO) ui 0 0 c 0 c m c c 06 M c C CL 0 E 72 �c C3 0 ( D 0 0 a) 4 ) d ) '15 0 -C -C (D 0 m 0 0 0 (D Lh m N �c N -C m C 0 15 go m M16 0 0)0 -C c E z Q- 6 -j cr- J, a = > 0 E 2 ( D Z a- 0 -j W u , E 0 = .6 CL 2 = a 19 21 N FRI 191 CP -0 0- 2113 3 I— 0 0 0) CL ... ..... .... �WAV KW ISM March 5, 2012 — City Council Study Session ATTACHMENT 3 ARTICLE III. - PLANNED DEVELOPMENT DISTRICT REGULATIONS Sec. 26 -301. – Scope and application ........................................................... ..............................1 Sec. 26 -302. – Planned development review procedures ............................. ..............................3 Sec. 26 -303. – Outline development plan review procedures ........................ ..............................3 Sec. 26 -304. – Outline development plan application contents ..................... ..............................6 Sec. 26 -305. – Specific development plan review procedures ...................... ..............................8 Sec. 26 -306. – Specific development plan application contents ................... .............................10 , A T Sec. 26 -308. ... ............................... . ............................... – Amendments to development plans ..................................... .............................12 Sec. 26 -309. – Interpretation of development plans ..................................... .............................13 Sec. 26 -310. – Similar uses in planned developments ................................. .............................14 Sec. 26 -311. – Binding upon successors and assigns ................................. .............................14 Sec 26 -312. – Interim use ........................................................................... .............................15 Sec. 26 -313. – Planned residential development (PRD) district regulations . .............................15 Sec. 26 -314. – Planned commercial development (PCD) district regulations ..... .......................16 Sec. 26 -315. – Planned industrial development (PID) district regulations ..... .............................16 Sec. 26 -316. – Planned hospital development (PHD) district regulations ..... .............................17 Sec. 26 -317. – Planned mixed use development (PMUD) district regulations ...........................18 The order of article III has been reorganized to mirror the sequence of articles I and II: development review procedures first, followed by the zone district regulations. Sec. 26 -301. – Scope and application.' A. District created. 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 Develop ment —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. ' 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 only 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. March 5, 2012 — City Council Study Session B. Applicability. On and after the effective date of this chapter as set forth in section 26- 1003, all applications for a zone change shall be to a planned development district where any one (1) of the following conditions exist: 1. An application for a zone change to any commercial district, with the exception of a rezoning to any mixed use district, for properties of any size. 2. An application for a zone change to any industrial, residential, or agricultural district for property over one (1) acre in size, or 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. The 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. March 5, 2012 — City Council Study Session Sec. 26 -302. — Planned development rev'ew procepdENstablishing 2 A. Development , ,� s. There are two (2) di tln 't a planned development: t fin evelopment plan and 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 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. Applications for outline and specific development plans may be submitted concurrently or sequentially. 2. 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. 3. S sequent /(approval of the specific development plan site plan review is required for final ngi ering and site design details as outlined in se ions 26 -307 and 26 -111. Plann residential developments, or portions thereof, co prised exclusively of SJ� det he dingle -or two - family dwellings are not required t complete a site plan review process. 3 fi 4 'ft 1 � Sec. 26 -303. — Outline development plan review procedures. rrinSf,K[,vt uu VeAl C,f ej A.&-- The applicant shall submit an outline development plan for approval of a zone Chang to a P°t't t planned development district. The outline development plan establishes the zoning, erall ��lH�?Tv�J development concepts, permitted uses, and development parameters. It also provides P 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: WA t 16AAA-1 p� Y\ S 1 ",,4 bL4" Section 302 includes information that used to be located in 26 -308 (application for planned developments) and elsewhere throughout article 111. 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. bY� 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 JY 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 (26- 302.B.3). �P ' 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. 3 March 5, 2012 — City Council Study Session 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. An outline development plan 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. If staff determines the application is not complete, it will be returned to the applicant and not further processed until the incomplete items have been supplied. 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 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 the public hearing. Notice of public hearing shall be by publication, letter and site posting in the manner provided in section 26 -109. 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 approval of an outline development plan, 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- hereef. 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 as specified in section 26.303. D. 7. In the event of a legal protest against the rezoning component of the planned development approval, under the procedure set forth section 5 -10 of the home rule charter, a zone change shall not be approved except by the favorable vote of three- C C 0— , 2012 —City Council Study Session 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 their 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 city- approved 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. March 5, 2012 — City Council Study Session 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 form. 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 document. 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 dependent upon the size and complexity of impact of the proposal. This includes, but is not limited to, drainage study and plan, doh 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. A J�t(lw will � Itel p/ 10-/ irw ih '� � 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 .J ' 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. unclear, and it lacks a logical sequence. Subsection 304.B, below, is substantially reorganized for clarity, but the contents are OD P 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 "). March 5. 2012 — City Council 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 s#&p�arl and any subsequent site development. " L b wi tk 2. Development standards. �G+'� a. List of oermitted land uses. C%-r0 L` C � 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: March 5, 2012 — City Council Study Session a. Property boundary (which must correspond 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. 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, and parking so that development \ compatibility can be determined. h. Scale and north arrow (scale not to exceed 1" = 100'). Sec. 26 - 305. — Specific a loXm 5 nt Ian r view procedures. "" 11 . � ��w.� u.. ��cVr• After the approval ofthe outline development pan, a specific development plan must be RvW 0'/ Q approved before t eta- R- f4v4wi- er.building permit applications may be 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. 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. If staff determines the application is not complete, it will be returned to the applicant and not further processed until the incomplete items have been supplied. 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. V - } 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. March 5, 2012 — City Council Study Session c. Staff will prepare a written report to the planning commission which evaluates the a , proposal, makes findings, and makes recommendations using the review criteria set ,/ belo in section 26- 305.D. 4. Planning coml'nission 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. 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 �y Q hearing in cons) erattiioLi pof�,tt�e ena for revi f as sp cified 6- 5.W. �. ity ounal evi w 'G"fty co I sha rev and decide upon a 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 shall be approved by resolution. City council shall base its decision upon all evidence presented, with due consideration of the criteria for b iew s eci i s tn �6- 05 ? B ecording. All approved specific development plans shall be recorded with the Jefferson County Clerk and Recorder. Such plans, and associated recording fees shall be submitted to the community development department within sixty (60) days of council's final action. Should a recordable approved specific development plan not be provided to staff within sixty (60) days of council's final action to approve, staff shall schedule a public hearing before city council 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. ID C. Modifications or amendments. See section 26 -308. CI Pr. Criteria for review. The planning commission and city council shall base their 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. March 5, 2012 — City Council Study Session 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 form. 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 document. 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 D'o plan, grading plan, geological stability report, traffic impact report, floodplain impact report, or general environmental impact report. This information will be required in hard j„tmu copy and in electronic file format. B. Form and content of specific development plan. The maps which are a part of the C,&%,V" specific development plan shall be made at a scale of not less than one (1) inch equals one wt_ wil( hundred (100) feet. The size of the sheet shall be twenty -four (24) inches by thirty -six (36) l� inches and must comply with the Jefferson County Clerk and Recorder's requirements. The RG specific development plan shall contain the following minimum information: TV- ? 1. Project information. i , v a. Title of document. IL w/S d -w 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: 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. 10 March 5, 2012 — City Council Study Session 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. 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. 6 -307. —Site pla eview.' - . . V�<_ ; V- A. I site devel ment within a planned development district shall be subject to the site plan revie roce outlined in section 26 -111. B. The si Ian provides final engineering and site design details. All site plan applications will b/revie d r consistency wit h the standards in the outline and specific development plans Ccertain circumstances, subject to approval by the community development direc, 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 developNnts, or portions thereof, comprised exclusively of detached single -or two - family dwellings are not required to complete a site plan review process. VV AIWA 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 nearly identical to that found in section 26 -1115 (site plan review). il March 5, 2012 — City Council Study Session 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 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 variations are within the approved development parameters. At no time may approval of a specific development plan result in any increase beyond a maximum development standard or any decrease below a minimum development standard as listed on the outline development plan. If any of these conditions occur,, the outline development plan must be amended, as described in subsection B above. 1. Administrative review. The community development director may approve minor amendments to a specific development plan which, in the reasonable judgment of the community development director, do not affect neighboring properties or the overall " 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. 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. This affords more administrative discretion than is allowed under the current code. Staff recommends not including prescriptive thresholds for determining which amendments require administrative review versus by planning commission. Administratively approved amendments are proposed to not be recorded to save time and money for the applicant. Review criteria have been established and are in part 4. Subsection D addresses variances for residential planned developments, for which there is no change from the current code. Wti March 5, 2012 — City Council Study Session character of the development. These may include variations to buildings orientation, parking lots, landscaping areas, architectural details, interior setbacks, and similar variations that meet the review criteria set forth below in section 26- 308.C. Administratively approved amendments are not required to be recorded; but should be (fi e fl e cted in t e si e p an kept on file in the community evelopment department. 2. Planning commiss' review. The planning commission shall review and decide upon amendments that ceed the pe f those permitted by administrative review under C.1, including, but no r nixed to ubsta`ntta lunge in circulation an building location. f Review is subject to the notice, hearing, and decision - making proced res provided in �.. section 26 -109. Planning commission shall base its decision upon I evidence 30 s presented with due consideration of the criteria for review as specified in section V L 26- 308.*elow. Any changes to a specific development plan which are approved by w10 planning commission, must be recorded with the Jefferson CoZrensive "Recorder as amendments to the original recorded�ievelopment plan subjethe provisions of section 26 -305k, 's tWO Community development director authority. Substantial chang lafe, in the reasonable judgment of the community development director, enough to b considered a new site design are - required -to be processed as a new specif+s- lA Tho '"ve amo- procedures-and requirements as ` the erigir�al- app�avai section =3815. The community development director's aecI io � r �� " shall be based upon t factors such a ss�size and relative impact on adjacent prope "v� � 1 4 l aq qq��,,1 _61. 1,v .1n at I M �• �►+�s►'a. -" Old, 1. ' c i.. 04! 1.l�,tl,,,� l....},:. AMA, IM Criteria for review. The director of community development or the planning commissi i°r 3. shall base its decision in consideration of the following findings of fact: CC 7 PL a. The amendment maintains the design intent or purpose of the original approved development plan; and^�� vur 2 ? 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 Q \) two - family planned residential developments. The applicable administrative or non- �CQ t o p administrative variance process shall be followed as prescribed in section 26 -115. Sec. 26 -34 — 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. 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. 13 March 5, 2012 — City Council Study Session 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. The owner of any property aggrieved by such determination may appeal the interpretation to the board of adjustment pursuant to the provisions of section 26- 115.E. D. It the development standards specified on a recorded outline development plan do not meet the current standards of chapter 26, a specific development plan can nevertheless be approved so long as the specific development plan complies with the approved outline development. This provision does not apply to requirements listed under article IV subdivision regulation 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 -31 t — Binding upon successors and assigns." All approved outlined specific, evelopment plan s hall 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. 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. Any administrative decision may be appealed. " Section 311 is identical to the current code section 26 -310; no changes are proposed. 14 March 5, 2012 — City Council Study Session i, I Sec. 26 -312. - Interim use. 12 Subsequent to rezoning to a planned development district and approval of an outlined - ®r -site development 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 -31 — Planned residential development (PRD) district regulations. n �/ U A. Area: No minimum. 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 o --Site ,pla n. 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 of site ,pJa +1. 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 pi-an. 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 --of- site pta n. 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 of -site ..p}afl. I. Streetscape and architectural design guidelin - I accordance with currently adopted design manuals per section 26 -224, otherwise as est shed by the outline development plan and as specifically detailed on an approved specific development plan GF-stte-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 " Section 312 is nearly identical to the current code section 26 -312. The only change is a reference to the final development plan which has been replaced with the site plan. " 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 article III 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. These sections also included two references to code that was repealed in 2007: the references have been removed. 15 March 5, 2012 — City Council Study Session 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 -3 4. — 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 Orsfte- -Ala . 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 plans" - 131.14, 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 m -sfte - 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 -mite- plat. 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- ersite ptam H. Streetscape and architectural design guideline�)n 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 ar-sfte -plan. I. A planned commercial district shall be used to establish any proposed recreational vehicle par Sec. 26 -3'� . — Planned industrial development (PID) district regulations. 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 a-s+te 0 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 - er -stte plan. Qy March 5, 2012 — City Council Study Session 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 C"an. 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 s4te p+an. G. Signage: In accordance with article VII, otherwise as established by the outline development plan and as specifically detailed on an approved specific development pla �sit H. Streetscape and architectural design guideline accordance with currently adopted design manuals per section 26 -224, otherwise as esta ished by the outline development plan and as specifically detailed on an approved specific development plan &r site plan. Sec. 26-3'16. — 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 efs4e pfao. 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 requiremen(9 vte'y 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. Heigh 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. 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. 17 March 5, 2012 — City Council Study Session 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. ',o G. Landscaping.. VW 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 er site. _. 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 of� a n. 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 -er -sites 1iarr. Sec. 26 -3�7. — 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. Areia. minimum. D. Heig�ft! aximum fifty (50) feet for freestanding commercial buildings only; thirty -five (35) feet for strut res containing commercial and residential uses; thirty -five (35) feet for freestanding residential structures. E. Densiaximum of twenty -one (21) units per acre. F. Landscapi g' n accordance with section 26 -502, otherwise as established by the outline development plan d as specifically detailed on an approved specific development plan EK site pt'an. in March 5, 2012 — City Council Study Session 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.o site -p a.n. 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. 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 •e-r- ~an. I. Fences and wall6''n accordance with section 26 -603, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan - or-&4e -plan. J. Signagei n accordance with article VII, otherwise as established by the outline development p and as specifically detailed on an approved specific development plan MS+te flan. K. Streetscape and architectural design guideline��h 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 -Gr-&4e plan. 19 March 5, 2012 — City Council Study Session Sec. 26-112. - Private rezoning. : i I i I i I I � i � I I I III I I I i i • i V ill I • � I i I •�i • !I Til i� 11 • 1 Em s• • 2. Ordinance errors including incorrect zone designation, legal description error or typographical errors, ' Subsection A (purpose) has only moderate changes including the removal of repetitive language and a new reference to the criteria for review, The definition of a "manifest eri is unchanged. MW A. types of zone changes are now explicitly addressed. I March 5, 2012 -- City Councit Study Session 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- Subsection C (review secti streamlined description of the process to improve clarity. March 5, 2012 — City Council Study Session E. 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 March 5, 2012 — City Council Study Session Lq `JaV1 �Z Jam., Draft — January 26 2012 4 Deleted: December 30, 2011 ARTICLE III. - PLANNED DEVELOPMENT DISTRICT REGULATIONS Sec. 26 -301. – Scope and application ............................................................................. ..............................1 Sec. 26 -302. – Planned development review procedures ...................................................... .......................,�___ - -- Deleted: 3 Sec. 26 -303. – Outline development plan review procedures....... ......................................... .......................�_______ Sec. 26 -304. – Outline development plan application contents ..................................... ............................... Deleted:3 ' Sec. 26 -305. – Specific development plan review procedures ........................................ ........................... 7 Deleted:5 ..�_ S ec. 6 -306. – Specific development plan application contents .................................................. ...... ...... .....� Deleted: z Sec. 26 -307. – Site plan review ................................ ................................................................................... to - Sec. 26 -308. – Amendments to development plans ..................................................... ..............................1 Deleted :9 ], �••• S ec. 26 -309. – Interpretation of development plans . ............................... .................... ..............................3 Deleted: 10 Sec. 26 -310. – Similar uses in planned developments ................................................ ............................... Delete!: 10 Sec. 26 -311. – Binding upon successors and assigns .................................................. ..............................1 Sec. 26 -312. – Interim use. ............................... Deleted: 11 Sec. 26 -313. – Planned residential development (PRD) district regulations ............... ............................... . ' . Deleted: 12 Sec. 26 -314. – Planned commercial development (PCD) district regulations .............. ..............................� .- ., Deleted: 13 Sec. 26 -315. – Planned industrial development (PID) district regulations .................... .............................. ., Sec. 26 -316. – Planned hospital development (PHD) district regulations ..................... .............................JA pelf; 13 Sec. 26 -317. – Planned mixed use development (PMUD) district regulations ............ ............................... ,' Deleted: 13 ' Deleted: 14 The order of article III has been reorganized to mirror the sequence of articles I and II: development review procedures first, followed by the zone district regulations. Deleted: 14 -- - - --- Deleted: 14 Sec. 26 -301. – Scopi and application.' Deleted: 15 A. District Created. There is hereby created a planned development district to further promote the Formatted: Fro italic 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: __, - Comment [wC1]: Let's discuss the present language still somehow implies rezoning to 1. An application for private rezoning for properties in excess of one (1) acre for rezoning to other than a PD. residential or industrial zones. 2. An application for private rezoning to any commercial district, with the exception of a rezoning within or to any mixed use district. This section has moderate changes. Subsection A is identical to the original. I added the titles, "Applicability" and `Purpose' in sections B and C, respectively. I've listed the three situations that require a planned development. Previously the first two were part of a long run -on sentence, and item 3 was not mentioned in this article, but was listed in section 26 -112. Draft — January 26, 2012 Deleted; December 30, 2011 3. An application for site development or rezoning, other than within or to a mixed use zone district, for which an applicant owns adjacent property which, taken together with the property which 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. (Ord. No. 2001 -1215, § 1, 2- 26 -01; Ord. No. 1319, § 1, 4- 12 -04; Ord. No. 1471, § 8, 9- 13 -10) 1'd deleted the original text because it is redundant and does not pertain to applicability. A PD is better described in the next section (purpose). The original text here read: All applications for a zone change to a planned development district shall be reviewed in accordance with the zone change procedure in section 26 -112. A planned development district may be approved for any single use or any combination of uses. provided, that the intent and purposes of this section are met, and that the general health, safety and welfare of the community are advanced through its approval. This used to say, "This section—" and now says "This article..." 5 This used to say "which may not be permitted under...." The proposed language corresponds to the new criterion that justifies a PD instead of a zone change to a straight zone district. This used to say, "...this section..." and now says "...this article,..° I've proposed fewer purpose statements that answer the question, "What specifically is the purpose of a planned development, as distinct from a straight development ?" In the proposed ordinance, statement 1 is new and the rest are identical to the original. I eliminated the original statements 5, 7, 8, and 10 because they were covered by other statements. Draft - January 26 2012 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 development plan. Both phases of approval include public hearings subject to the provislohs,of sections 26 -303 and 26 -305. Subseauent to aooroval of the specific develonment nlan site nlan rpvi" (Rprhnn B. Sequence of related apQticat ons.____— — - - 1. An outline development plan is processed and approved kkncurrently ith a zone change to a planned development zone district. 2. Applications for outline and specific development plans may l�ubmitted concurrently or sequentially. 3. If platting is required, subdivision or plat review may 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 - corlsuded for subdivisi requirements and procedures. 4. All site devWopmtsnt 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. TTh 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: 12 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: 9 This section used be titled, "Application for planned developments." The proposed title mirrors the title of article review procedures) and more clearly directs a reader to this section for procedural information. 'tn a onginal paragraph included disparate pieces of information, which are now organized in subsection B (sequence of relate e In the original, subsection 26 -308.8 (Subdivision /platting) included this information. Currently, subdivision can b simultaneously with an FDP. In the proposed process, staff agreed subdivision should occur with the specific dev 0 The site plan review replaces the FDP. We agreed to retain the exemption for PRDs in item 'd. " IWhre is "d "? " This sentence includes language borrowed from the mixed use concept plan, This review procedure is cut and paste from section 26 -112 (proposed revisions), staff agreed it was ne ry procedure here so article III can stand alone. I (development made, an introductory e applications.) Deleted: December 30, 2011 J Comment [WC2]: Terminology. See 26-303. Comment [WC3]: Terminology See 26302. Deleted: An Comment [WC4]: LeCs discuss terminology. - - --- f Formatted: Highlight plan. to duplicate the Draft — January 26, 2012 Deleted: December 30, 2011 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- 303.D. 5. Planning commission review. The planning commission shall hear and consider any evidence or z� statement presented by the applicant, city staff, or by any person in attendance at the Deleted: a hearing. Notice of public hearing shall be by publication, letter and site posting in the manner provided in section 26 -109, The planning commission shall then make a recommendation to city - _- _•.••� ed:'hereor 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 change :of zupon reco[[nnmencfafion oT*e planning commission for approval, approval wi Rd "' denial.rChange of zone ma only be approved by passage of an ordinance following the city's Comment CS]: ode 26 - 122.c requires standard ordinance option procedures, including a first reading and public hearing. Notice of publication in fu , arter 5.12 is more lenient. public hearing shall be by publication, letter and site posting in the manner provided in section �efsdiscus . 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 ass ecified in sectioa 6- 303.D the event of a legal protest against such change of zone, a defined in section 5 -10 of the - — -- - - -� home rule charter,.a zone _change shall_not _ except by the favorable vole of three- city fourths of the entire city council. The written rotest 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 plansdrld 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 their decision in t per Its consideration of the extent to which the applicant demonstrates the following criteria have been met: —� "The following text was in the original section 26- 302.6; staff agreed to delete the text because it is redundant. The last sentence is retained, but moved to sec. 26- 301.C. Original text reads: In reviewing a specific request to establish a planned development district or amendment to an existing one, the planning commission and city council shall consider standards for similar uses in other Wheat Ridge zone districts, unless otherwise specifically provided herein. Requirements for setback, lot coverage, height, density, area, buffering, landscaping, signage, etc., may be more or less restrictive than such requirements in similar zone districts, based upon findings of the planning commission and city council which consider a combination of factors, including, but not limited to, type and intensity of uses proposed, size and shape of parcel, location, adjacent uses and the adequacy of public fatalities. 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. 10 In doing some research, I gleaned that we can have different criteria for a straight zone change and a planned development. CO state law dictates that a straight rezoning should either comply with the comp plan or reflect a change or error. For planned Draft — January 26, 2012 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. 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. development, however, past errors or changed conditions are not a pre- requisite for adoption, and a PD zone change must comply with adopted comprehensive plans. (Elliot, Donald L., ed. Colorado Land Planning and Development Law, Sixth Edition. Denver: Bradford, 2004). As a home rule charter municipality, we don't have to follow this state law, but I still think it makes sense to reevaluate our criteria. Our criteria have changed very little over the last decade. so I've proposed a simplified version here and in sec 26 -112 (private rezoning) in an attempt to eliminate repetition and wordiness. Staff agreed this is a logical set of criteria. ! 15 This list mirrors the submittal list for a private zone change in section 26 -112, with the addition ofitem h. outline develo ment plan [Where is ' h "? Deleted: December 30, 2011 l ` or'r^tie^t [WCG]: Ci plan,3p d?. Formatted: Highlight Draft — January 26. 2012 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 (whichcorrespono 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. 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. Delete December 30, 2011 After approval of thep utline development plan, a specific developmentplan must be approved before site Deleted: For any approved plan review or building permit applications may be, submittedThepurpose_ofthe 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. If staff determines the application is not complete, it will be returned to the applicant and not further processed until the incomplete items have been supplied. 3. Review and referral. Upon receipt of a complete application packet the community development department shall proceed with the following process: 19 This list is derived from the current ODP checklist and from the original code, section 26- 308.C.2. I also borrowed language from the mixed use concept plan (sec 26-1116). 7 Draft - January 26. 2012 , Deleted: December 30, 2011 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,The_p la nning_commission shall then make recommendation to_ city ___ - - - -- Deleted: ereof. council to approve, approve with conditions, or is 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, dety, or refer the plan back to planning commission for further study. Specific development plans Deleted. pe_approved by resolution. City council shall base its decision upon 5.D. all evidence presented,__' UDeleted: ly due consideration of the criteria for review, as specifiin 26 3U -- -- ollowing the city's standards B. Recording. All approved specific development plans shall be recorded with the Jefferson County __ in procedures. - - - - - Clerk and Recorder. Such plan s, and associated recording fees shall be submitted to - the - communit development department within sixty (60) days of council's final action. Should a recordable approved specific development plan not be provided to staff within sixty (60) days of council's final action to approve staff shall schedule a public hearing before city council 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 their decision in --- -------- Deleted; 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 ° I read in the CRS PUD Act (24- 67- 105.5) that if a governing body requests a redesign of all or a portion of a PD submitted for approval, that the redesign request must have specific, objective criteria. If the applicant redesigns the PD in accordance with the request, no further redesign can be required unless required to comply with some other ordinance or regulation. Does this information apply? Po we need to mention it here? Staff doesn't think this needs to be codified, and findings would be stated in a - l Fo a tWd: Highlight resolution statement. [CRS 24 -67 -107 allows home rule cities to supercede the statute, no need to change the draft on this point .I . This new set of criteria reflects the requirement that a specific development plan must be consistent with the intent and standards of the ODP. 8 Draft — January 26, 2012 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 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. 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. Deleted: December 30, 2011 Comment [WC8]: Heading is unnecessary and confusing. Corn nt [WC9]: Always? -- — 9 Draft — January 26. 2012 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. 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 24 Deleted: December 30, 2011 Comment [WC30]: 26-113 is restricted to city initiated rezoning so I assume City does not wish to initiate amendments to SDP's? 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 f Comment 1 1 1 ii]: we can change this, alternative provisions have been approved by city council as part of the unified control agreement. caselaw allows (See a 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. The language for architectural elevations and birds- eye -view are taken from the existing code and CDP checklist. The site plan review replaces the FDP, and this language is borrowed from mixed use, section 26 -1115. ' This language is copied directly from the original, section 26- 311.A. 10 Draft — January 26, 201 Deleted: De 30. 2011 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 thre olds for an outline development plan amendment are not met as set forth in subsection B above. Comment [WC12] unclear -do you mean 1. Administrative review. The commune evelopment director may approve variations including, 8.2? but not limited to: re- orienting of buildings, parking lots, landscaping areas, architectural details; 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 shall be reflected in the site plan kept - on fi n the eted: should commupity'development department. f � L t4 2. Planning commission review. The planning commission shall eview and de ide upon aT6ndments that exceed the scope of those permitted administrative reviews udi 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.B. 3. Substantial changes, extensive enough to be considered a new site design), are required to be Comment W[ C131: Who decides what is processed as a new spe fic development plan application, subject to the same procedures arid �'substantial"t requirements as for the or inal approval in section 26 -30 At no time may approval of specific development plan result in any in_ _ ase beyo _. _ Deleted: ca n maximum development elan rd or any decrease below a minimum dev lopment rd listed — - on the outline development pl n. If any of these conditions,' tlw e e development plan must be amended as describe in subsection B above. 5. The director of community deve pment or the planning commission shall ase its decision on the proposed amendment in consid ation of the following findings of fact: a. The amendment maintains t design intent or purpose of the original pproved development plan; and b. The amendment maintains th quality of design or product establishe by the original approved development plan; a d c. The amendment is not materia y detrimental to the public welfare or uses or property in the immediate vicinity of the de elopment plan. The director and planning commissi n may impose conditions upon their a roval of any amendment to ensure the proposal omplies with the purpose and inten of the original approval. D. Variances. Variances to the strict a plication of development standards established by an outline or specific development plan may be reque ed only for properties within single and two- family planned residential developments, following the appli ble administrative or non - admini rative variance process as prescribed in section 26 -115. -s , his section reflects the decision not to indude presciptive thresholds for what amendments are administrative versus PC Format High light review. his is unclear to me. How does the aDDlicant khow which orocess a lie ? In this secti¢n, administratively approved amendments are proposed to not be recorded to save qme and money for the applicant. The argument against this is recordkeeping. Staff will discuss intemally and make a recommendation one way or the other. `Criteria borrowed from Belleview, WA ( "Planned UnitiDevelopment." APA PAS No. 545, p. 51 . M Draft — ,January 26, 2012 ' Deleted: December 30, 2011 Sec. 26 -309. — Interpretation of development plans. A. Detailed specifications and standards which should ha a been set forth on approved outline and specific development plans, but which were found subsequen to approval to have been omitted, may be interpreted by the community development director to be tho a specifications and standards set forth in the zone district in which the approved uses contained withi the approved development plan would be permitted. B. The supplementary regulations of article VI app/lypporoved uses and activities within planned development districts, unless otherwise provided in the development plan. C. If the outline and specific development plans d� not address a particular development standard, the standard of the zone district which most closely m tches the planned development as determined by the community development director shall be used., a owner of any property aggrieved by such Ddet d: ' determination may appeal the interpretation 28 to the oard of adjustment pursuant to the provisions of Ddeteda who or which [eels section 26- 115.E. - — n D. If the development standards specified on'aacorded outline development plan do not meet the current standard, a s ecifi development plan can be approved &onpistent with tbe-cvrre»t. on Comment [WC14]: Unclear. Which standards the recorded outline development plan. ;This provision does not pply to requirements listed and article ..apply? I V uR t57on - m Ions. ,. - ' 1 eted: final Sec. 26= 319: — Similar uses in planned devetopments. 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, �f^ 3. Not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, c� heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, and J 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. (Ord. No. 2001 -1215, § 1, 2- 26 -01; Ord. No. 1288, §§ 1, 2, 5- 12 -03; Ord. No. 1319, § 1, 4 -12 -04)x, 27 This section is nearly identical to the original section 26309, Application of standards. I changed the title to provide clarity 29 This used to read "appeal the determination..." I changed it to "interpretation" for consistency with the BOA interpretation process outlined in section 26 -115.E N Staff is not sure to what this statement and "current standard" refers. Does this refer to the current standards for planned development districts as outlined in this article? Does this mean that a planned development must meet current subdivision regulations (article IV) regardless of how old the PD is? Unclear. Meredith has proposed that the "current standards" refer to all development standards in chapter 26 and has also proposed removing the last line so the language reads: "If the development standards specified on a recorded outline development plan do not meet current development standards of chapter 26, a site plan can a approved consistent with those standards on the recorded outline development plan." J0 This section was illogically located after the zone district regulations and before the procedure. I have relocated it adjacent to the interpretation of standards, so the two sections on interpretation (standards and use) are adjacent. Staff agreed to amend the "similar use determination process" to be strictly administrative with no public noticing, similar to the process outlined in section 26 -309 herein. 12 Draft — January 26, 2012 -��: December 30, 2011 Sec. 26 -311. — Binding upon 6uCtessors and assigns. All approved outline s ecific an Line' e dev lopment plans shall be binding upon the owner(s), their successors and assigns, and sh mit a development to all conditions and limitations established in such plans, and as may be cont separately recorded agreements, covenants, condominium declarations, etc., which were approved by city council as part of a planned development approval. (Ord. No. 2001 -1215, § 1, 2- 26 -01; Ord. No. 1319, § 1, 4- 12 -04, Ord. No. 1383, § 6, 5- 14 -07) �, Sec. 26 -312. — Interim use. Subsequent to rezoning to a planned development district and approval of an outline, evelopment plan Deleted: a 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. (Ord. No. 2001 -1215, § 1, 2- 26 -01; Ord. No. 1319, § 1, 4- 12 -04) Sec. 26 -313. — Planned residential development (PRD) district regulations." A. Area: No minimum. 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 " Same as original section 26 -310. Same as original section 26 -312. The following sections regarding the zone district regulations remain largely unchanged. A reference to streetscape and architectural design guidelines has been added for PRD. PCD, PID, and PMUD so the default would be that a planned development complies with current design standards. A reference to lighting standards has been added to all sections. 13 SE30�m ! 1 I I � I � I � i i T 1 , � 11 : � r 110 � 1 11112 31' . i �- I , li I A. Area Each planned industrial development district shall be minimum of one (1) acre. B Height. Maximum fifty (50) feet. Ir 1 11,111 1 "im 11 1 , 11iii [his section had a reterence to inoustnafperfo standards (sec 26-505) that was repeated in 2007', the reterence has been removed, M, MEMI�� F,�# # M 2. Sixty-five (65) feet where the lot on which the building is to be constructed is at least fifty (5 acres in size. a W 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 maximu 4. Accessory: Thirty-five (35) feet maximul I!!Il111l!!!l ;IIII;I111110 lip !11 ME= M in 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. H. Exterior fighting In accordance with section 26-503, otherwise as established by the outline development plan and as specifically detailed • an approved specific development plan or site plan. 1. Fences and wall. In accordance with section 26-603, otherwise as established by the outline development plan and as specifically detailed • an approved specific development plan or site plan. J. Signage. In accordance with article V11, otherwise as established by the outline development pl 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 6 e section 26-2 4 ot erwis as established b4 the outline develooment olat an4l:ps soecific.2�11 IN / h Draft — January 26, 2012 D eleted: December 29, 2011 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 Comment [WC11. Add (3) ,o bring into 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 conformance with comp rehen si ve plan 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 followin : ..... Comment [ WC2]: Perhaps refer to E end restate 1. Mapping errors, including incorrect boundary location or incorrect zone designation, or _this The two are not consistent. 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 within the municioaL boundaries of the C' of __ ____. •- Ddebd: throughout the 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. 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 for properties in excess of one (1) acre for rezoning to residential or industrial zones. b. An application for private rezoning to any commercial district, with the exception of a rezoning to any mixed use district. c. An application for site development or rezoning, other than within or to a mixed use zone - -- _ Comment [WC3) Delete? Not really retuning. - - district, for which an applicant owns adjacent property Ich, taken together with the property which is the subject of the application a mot n one (1) acre. C. Review procedure :' He-26 -40 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. ' Part A (purpose) remains unchanged. This section more dearly states when the procedure of this section applies, versus when a planned development is required. In the case of a PD, applicants should defer to article III for procedures and requirements. ' The middle portion of Section 112 is reorganized to include the following distinct subheadings: part C. review procedure, part D, application contents. and part E, criteria for review. Part C (review procedure), is proposed as a standalone section that includes all steps involved in the zone change process. In the current code, the review process is not explained in a step -by -step fashion. Part C currently addresses the neighborhood meeting requirement, application contents, and referral period. The planning commission and city council review are mentioned later in parts E and F. The proposed approach clarifies the process. 4 , here is currently no reference to the pre -app meeting requirement, [Comment CgdeZ,6 -106 is the master list —either refer to it her s ; Highlight or aenerallvl Draft — January 26 2013 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. LDeleted: December 29, 2011 j 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, The planning commission shall then make a recommendation to city _ -_ -- Deleted f ereof 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 : The City Council shall approv oporove with conditions, or deny the application. An approved ch ange 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 -10% City council, in addition to- consideration of the planning commission recommendation shall hear ftevidence and_testimony presented at the Public hearing 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, under the procedure set forth n section 5 -10 of the bome rule 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 jor — --- - ---- -- 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. S ,The current section (2rr112.F) on legal protests is cumbersome. This draft shows an abbreviated description and references the - - -- city charter because legal protests apply to all action by ordinance. (Comment I agree l Fq; Highlight Within the zoning code, there are inconsistencies in the way in which submittal requirements are explained. There is no use of common language and in many cases the codified submittal requirements do not align with the checklists given to applicants. The proposed list for part D (application contents) is based on the existing submittal list in section 112 and the submittal checklist for zone changes. Deleted: for approval approve Deleted: for denial C VDele ted:addifional hereof reco additional Deleted: as defined Deleted: city - - - ---- De leted: packet S ,The current section (2rr112.F) on legal protests is cumbersome. This draft shows an abbreviated description and references the - - -- city charter because legal protests apply to all action by ordinance. (Comment I agree l Fq; Highlight Within the zoning code, there are inconsistencies in the way in which submittal requirements are explained. There is no use of common language and in many cases the codified submittal requirements do not align with the checklists given to applicants. The proposed list for part D (application contents) is based on the existing submittal list in section 112 and the submittal checklist for zone changes. Draft — January 26 2012 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. 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 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. 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: t Deleted: December 29, 2011 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- ----------------------------------------------- -- --- ---- ------ --- ------ - - -- -- Comment1=4]: City-approved plan 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. 7 Staff has decided it is appropriate to have a different set of criteria for a private zone change and a planned development. This set of criteria ;,modified to be more logical. it also eliminates the compliance standard with the ASDM since a private rezoning doesn't require any site plan or architectural details, and compliance would be impossible to assess. e There is no change to this section. e We decided to change this to "periodically perform..." The code currently calls for an annual assessment, but we're not sure that a formal assessment actually occurs on an annual basis. Us this an appropriate change in conformance with any other state laws? Comment The only annual plan update reouired by statute is for three mile ann xation plan R 31-12-105 11 Deleted: a Formatbed: Highlight Lauren MiWIM This electronic mail transmission and any acconipwi yin g documents contain information, belonging to the sender which may be confidential and legally privileged, If you are not the intended recipient of this e-mail, you are hereby notified that aRy dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly j2rohibited. If you have received this e-mail in error, 12lease noti�: 1 e irnmediately by telephone or e-mail and, destroy the original message rith ut making a copy. Thank you, Thanks YMa ;pr)rk for your help! Be ell, $ nuanee, so long as he or she does not tlunv�y jj' induce the jury to doievinine guilt an th The case is remanded for a �h� on NNIMEM arse eta the court l either or both motions, the Y$ a $ judgment of conviction will be vacated, and ,f$aaoplo V defendaaaat wall be to • n trial, if the $ x `$ l . d 662 stand af firm, ed, subject to any appeal of the ruling can the motions to suppress, °atua ref- k b unsel, the likelihood DAILEY eoneur, JAIPC we, vale- Rent as as �r LS BCY SYS before the ied defen $ $ $ $ $ s $ nuanee, so long as he or she does not tlunv�y jj' induce the jury to doievinine guilt an th The case is remanded for a �h� on NNIMEM arse eta the court l either or both motions, the or ae e rn- H judgment of conviction will be vacated, and ,f$aaoplo V defendaaaat wall be to • n trial, if the 2), d court derdes both motions, the judgment will l . d 662 stand af firm, ed, subject to any appeal of the ruling can the motions to suppress, °atua ref- Judge 3 OTHE BER and Judge unsel, the likelihood DAILEY eoneur, JAIPC we, vale- Rent as as �r LS BCY SYS before the ied defen tad impartial trial. Secs Harris a. ,id no ;plain error regarding Alfred T. WILWLEY and Mary S ielunan, ts. Plaintiffs—Appellants, # # 8` r r r *„ r rr a # a r t a r r+ e '+ Y o # # t R" F M" 9 y f P : # I Eml by V�* notice and an opportunity to s mawmw 796 C 77 PACIFIC RM 16. Zoning and Planning e=471,5 NW66-d notice on amendment to planned u it dev oliment (PUD) iviffi a dent to tlm woi� of*vv� 17. zaning and Planning "47Ia Amendment to planned unit dorelolit- meet l�PUJD—)-lva&Zamr--n),r.!ijberAhanlmiite& tA , e immediate a a d 0 er unit, a garagej storage buildings or sheds and residential outdoor storage for wildlite. is. Judgment 4=181(0) Generally waiver is an Issue for the trier of fact and inappropriate for ie"tion on summucy Judgment- Susan N1 th H r er, BoWder, Colorado, Dot L.L.L.P.. Gary Carleton, and Nancy Cariston. Opinion by Judge JONES, In this action, for rebefunil0t 42 U&C. § 1983, and for declaratory and injunctive )RTER, .3d SERIES tl relief under C.RC.P. 57 and 615, plaintiffs, Alfred T. Whatley and his ��, Mary Sick- man (the Iriatipys), appeal the summary judgment entered against them and in favor dential units, As part of a personal InutlttaiitO pr6eead ing in IM, thii WhWeys Wd the Of"v tract of Iand to a dAw *ty, 6itept that they reserved wlifit OsbAk for themselves in lot one of the Whatley Reserve, Miue6 they continued to live. .. . � � � � i'' , �i ' ; � " ,i 1� �, . M i �I ii ��' � i �' w a 798 Colo. 77 A REPORTER, Sd SERIES RM x aa' +, � x e r M t ^e s � + � e a '"' .� x . > � e ». r �, a +r a c . t * •* �, � e s r 4 t 800 Colo. 77 PACIFIC REPORTH R. 3d SERIES for muending a P66 ICI I 11 0 r w x tl s azp right for one new 802 Colo. 77 PACIFIC REPORTM 3d SERIES entitled to notice and yard," the trial court - three provisions in the C olo. PORTE # SERIES pr Ranch into ten additl6aal residential units or case is remanded for flaftber a a � a a sa a a a i f t e e r a a a ' x t a a e a Date: January 19, 2012 Who: Planning Commission, MR, LM Purpose: PC Study Session Overall: good, approved of changes, clear, makes sense Policy question regarding height and density exclusions for P• s in excluded areas may be a landmine. Consider separating height and density issues eg ask CC about removing density cap for PRDS in excluded areas; provide a visual example of what density looks like; need something to provide perspective; what is 21 du versus 25 du? ft*f�ft- areas If remove height/density; may have to have a design manual in place; need some restrictions (eg how mixed use has stepback requirements) Don't want to undermine amendment with this issue Q: please confirm with dahl that it's okay to make the site plan (specific development plan) approved by resolution and not by ordinance; and okay to eliminate the legal protest PC supports approval by resolution; not concerned with the elimination of the neighborhood meeting because the public process is maintained (Dick) Approval by resolution eliminates the opportunity for mayoral veto; may be more fair to a 4 raAA1 6-2=- u;e -pop;rty with specific zoning (Anne brought it up, Alan and Dick supported) applicants and for neighbors; get rid of legalese city of W' ' h6at ' Ps, j e CommuNITY DEVELOPAkENT 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 'rhe 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 fur Article III 3. Overview of Proposed Amendments for Sec. 26-112 4. Study Session & PrejjectTirneline Overview (if Proposed Amendments: Article III — Planned Development District Regulations The entirety of article I I I 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 ot'a planned development. Under this approach, new planned developments would include both: 1) An outline deveIgnmt-ni nlate that establishes the PD zoning designation, permitted uses., and underlying development parameters; and 2) A s �,cifjc �dcvelo �ment �Ian to provide specific site plans, building elevations, and preliminary civil documents. 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 I application associated with a planned development is progressively more detailed but entails progressively less risk on behalf of the applicant. • Sec. 26-303. Outline development plan review procedures, • Sec. 26-304. ---Outline development plan application contents. • See. 26-305. — Specific development plan review procedures, • Sec, 26-306, — Specific development plan application contents. 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 docurnents. Rather, the proposed criteria (26-305.D) essentially assess the site plan for compliance with the underlying zoning as determined by the outline development plan, Amendments 7 5ie 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 efTectively inflexible, Change is inevitable, and the proposed approach allows tile amendment process to become more straightforward: An amendment to the outline development plan----including as change in permitted uses or development standards--is considered as change in zoning and is processed as as zone change ordinance. This represents no change from tile 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 tile obligation to record every amendment, but may require staff to reconsider record keeping 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 as 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: F. Recordation G. Assessment of comprehensive plan M A200tilky Currently, the code states that planned developments are required for any cornmercial 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 surnmarizes 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: Please note that this topic has not yet been discussed with city council and will also require their Policy direction. Ali 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 11 Attachments i . - rabies 1-3 2. Article 111 --- Draft 3. Section 26-112 -.- Draft I / ^%` �y 2 . { . � .\ } / � _ ■ f� \ ƒ \ ;C � ƒ :/ ® k � ƒ » \/ k ` \� k E � � ( / f 7 � \�\ \ 2 0 / ^%` Final Development Plan Site Plan Review Purpose Final site design & engineering Final site design & engineering Compliance with ODP (zoning) Compliance with zoning Review AdministratNe Administrathe Fees $500 + $5001 acre $200 + 2001 acre Submittals Application Application Fee Fee Ownership Ownership FDA' contents Site plan contents Traffic study Traffic study* Drainage report Drainage report* Soils report Soils report Erosion control Erosion control HOA Format or sheet Site plan Building elevations Architectural detail Landscape plan 6% Landscape plan Streetscape plan* Draft — January 19, 2012 — PC Study Session ARTICLE Ill. - PLANNED DEVELOPMENT DISTRICT REGULATIONS Sec. 26 -30'1. - Scope and application. ......... __ .... .........1 Sec. 26-302, - Planned development review procedures...... ... ....... 2 Sec. 26-303, - Outline development plan review procedures, .... .......... ....... 3 Sec, 26-304, - Outline development plan application contents, .... _ ....... ........ 5 Sec. 26-305, - Specific development plan review procedures, . ...... 7 Sec, 26-306. - Specific development plan application contents . ..... Sec, 26-307, - Site plan review ... __ ... _ ... __ ...... ......... ....... ...... __9 Sec. 26-308, - Amendments to development plans, . .... 10 Sec, 26-309. - Interpretation of development plans. ... ...... ......... 11 Sec. 26310, - Similar uses in planned developments . ..... ................ 12 Sec, 26-311, - Binding upon successors and assigns. ............... ........... <.......,..,......12 Sec. 26-312, - Interim use.....,., ...... ... 12 Sec. 26313, - Planned residential development (PRD) district regulations_,.. ......... ____ 12 Sec. 26-314. - Planned commercial development (P 13) district regulations. 13 Sec. 26-315, - Planned industrial development {PICT) district regulations. . .... ....... 14 Sec. 26-316, - Planned hospital development (PC) district regulations, ........... 14 Sec, 26-317, - Planned mixed use development (PIS UD) district regulations,__ .... _ ........ .... .15 * The order of article Ill has been reorganized to mirror the sequence of articles I and 0 development review procedures first, followed by the zone district regulations. 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, 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 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 I is new, and the rest are identical to the current code. From the originai code, statements 5, 7, 8, and 10 are eliminated because they are redundant 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. 1 . Any new application for a rezoning to a planned development district, 2. Any application for amendment to an existing planned development zone district. 11 1 1 1 1111111 111111��Igi!111 I I I! 11;�I;lipl�i I 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. KRAUS MA", 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, Draft — January 19, 2012 — PC Study Session 38�� 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 pM licies 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 the public interest to encourage redevelopment of the area or to recognize the ch character of the area, I 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'. Draft — ,January 19, 2012 —FCC Study Session H 16 lei Jefferson County Clerk and Recorder's requirements, The outline development plan shall contain the foHowing minimum information: 1, Project information, a Title of document. 2. Development standards. a. List of permitted land uses. b. Maximum building coverage, Draft — January 19, 2012 — PC Study Session e, Significant land features (ditches, streams, lakes, topography, etc,) within or adjacent to the property, t 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 • exceed V= 100'), Sec. 26-306. — Specific development plan review procedures. 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 is 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 MMZNM�� D. Criteria for review. The planning commission and city council shall base its decision in 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 I I r ' 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 franc 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 Jefferson County Clerk and Recorder's requirements, The specific development plan shall contain the following minimum information: 1 . Project information. a. Title of document, 7 See. 26-307., — Site plan review. l • 11 1 F I I I !I I I I lill I 1 1111 7 The final development plan (FDP) is replaced with the more user-friendly site plan review process, Uke the FPD, site plan review provides the finall engineering and site design details. The site plan can provide the basis for building permit review, Currently, the site pian 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 26-1116 (site plIan review), Draft — January 19, 2012 — PC Study Session !] I ��i Il Fill IIIIIIIIII: III II M=� IE Draft — January 19, 2012 — PC Study Session C. If the outline and specific development plans do not address a particular development standard, the community development director shall be used. I - 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, im Draft — January 19, 2012 — PC Study Session IN Draft — January 19, 2012 — PC Study Session B. Density: Maximum twenty-one (21) dwelling units per acre, C Height: Maximum thirty-five (35) feet, 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 (P CD) district regulations. lm Draft - January 19, 2012 - PC Study Session M�=;;li MOMMMITINIMOMMOTITOM I W1 II 1 11 11 1 1 A. Area: Each planned industrial development district shall be minimum of one (1) acre. B. Height'"Maximum fifty (50) feet. '' Section 315 Included a reference to industrial performance standards (see 26-505) that was repealed in 200T the reference has been removed, M 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. G, Landscaping. 1, Minimum twenty-five (2 5) percent overall site requirement. 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, 'fig In Draft — January 19, 2012 — PC Study Session 12 Draft — January 19, 2012 — PC Study Session C, Review procedure: 1 Preapplication conference, Prior to submitting any application for a change of zone, the applica 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 meetin in accordance with section 26-109A I Draft — January 19, 20312 — PC Study Session 4 Subsection D briefly lists the required contents for a zone change applicatison. The list herein combines the language from the existing code in section 26-112.(' .4 and from the submittal checklist that zone change applicants receive, Draft — January 19, 2012 — PC Study Session mmommm�� 1% �' 4 1( 1 11 City of TO: Ken, Meredith, Sarah FROM: Lauren DATE: December 2, 201 SUBJECT: Planned Developments — Proposed ZOA Please find attached a second draft of Article! Ilf This draft reflects our conversation on November 30, 201 with the following revisions: • Amended zone change criteria (303 & 305) • Updated content for outline and specific development plans (304 & 306) Because the planned developtnent relates to the private zone change process, I have also proposed a few clean-LIPS in section 26-112 (private rezoning). I have attached that draft for which revisions include reorganization and updated criteria. Currently, the review procedure, is interrupted by the application contents and criteria. Similar to the organization proposed for planned developments, I have consolidated the review procedure into one straightforward section that includes the planning commission and city council review. I have also distilled the application contents under separate, heading. Below is a comparison of the current and proposed organization for section 26-112: Date: December 16, 201 Who: Ken, Sarah, Lauren Purpose: line-by-line review of draft 2 with footnotes and review of section 11 2 For study sessions, highlight new text in the ordinance and use footnotes to explain things can't use footnotes in the final version because they can't be codified; will have to explain clearly with a table in the overview W NOR. . 1 116 the case of a PD where there is a public process and council can see and condition what is approved, more informa R I ♦ III I I INS I Ili i I I iIii I !I 71IF � III 1 1111 1 1 1 • - Make a draft for Dahl - Made a draft for PC (highlight new text and eliminate questions from footnotes; add more clarifying footnotes?) Background The past amendment to the planned development code was in 2007. that tame, applicants L a co x cr g mm I x :0 a. Q. CL UJ r i 3 0 " c 0 r � Q W 0 u) 0, a. n a< I- to a< w x X i x X .15 6 '. PC PO XXI 4 I ` D 0 x € �0 x t 2E c c t l a) 0 s C) 6 # a O� 00 as ! C a� _ CO LL 0 City of I - Nmm Meeting Agenda November 30, 2011 2. Reorganized 3. Language consistency—similar processes, handouts 2)m Kvvt' 2 /0q M 4 vpvylfl�oAt' f ' p W44- r VO UM S � B. Question for Discus ion: i%,wNv,ci.whe,atHdge.co.us siAMMOME Application contents: • jail e from conce t Ian e ar • in •enera I circulation conce Is Criteria ODP: play with language in #3, Look at other communities; change has occurred or is anticipated,* city priorities have changed; Remove ##41A DM City of �� fat COMMUNrry DEVELOPMENT I ��l�l1 FROM: Uturen DATE: October 14, 2011 SUBJECT: Planned Developments -- . Proposed ZOA development scenario, and they lack underlying development parameters. In these eases, a change to the site plan can trigger the zone change process. Cinder the proposed approach, if a site playa (specific development plan) is amended, but stall conforms to the underlying development standards (concept development plan), then the amendment would not be processed as sa :one change. mw4ffu•� Date: October 21, 2011 Who: Ken, Mere, Sarah, Lauren Purpose: Discuss proposed PD ZOA and get direction/approval to move forward Take an all • nothing/go for it approach - Ken supports full amendments and proposed changes - May or may not reorder—talk to Dahl about impact • repeat and reenact History: - 2007 amendments—specific ODP was invented to try and find a middle ground between not having a site plan and having a site plan with final civils (a middle between concept and fdp); entitlement without engineering Timing: - January study session with Planning Commission 112 — Zone change Add criteria for zone change to PD Add reference to PC} (for change to planned development, see 111 — Site plan review - Add civil docs - Add language about may be with BP (in MU right now) Not addressing expiration How to address existing PDs: - Use the old process for amending existing PDs, as they were originally approved - If a PID changes substantially (such as with MCPN) take through the new process kb 4 Draft - December 2, 201 CY ARTICLE III. - PLANNED DEVELOPMENT DISTRICT REGULATIONS Lr� Sec. 26 -301. - Scope and application ............................................................................. ..............................1 )i Sec. 26 -302. - Planned development review procedures ............................................... ..............................3 Sec. 26 -303. - Outline development plan review procedures ........................................ ..............................3 V Sec. 26 -304. - Outline development plan application contents ...................................... ..............................5 Sec. 26 -305. - Specific development plan review procedures ....................................... ..............................7 Sec. 26 -306. - Specific development plan application contents ..................................... ..............................9 Sec. 26 -307. - Amendments to development plans ...................................................... .............................10 Sec. 26 -308. - Interpretation of development plans ...................................................... .............................11 Sec. 26 -309. - Similar uses in planned developments .................................................. .............................12 Sec. 26 -310. - Binding upon successors and assigns ................................................... .............................13 Sec. 26 -311. - Interim use ............................................................................................. .............................13 Sec. 26 -312. - Planned residential development (PRD) district regulations ................. .............................13 Sec. 26 -313. - Planned commercial development (PCD) district regulations ............... .............................14 Sec. 26 -314. - Planned industrial development (PID) district regulations ..................... .............................14 Sec. 26 -315. - Planned hospital development (PHD) district regulations ..................... .............................14 Sec. 26 -316. - Planned mixed use development (PMUD) district regulations .............. .............................15 The order of article III has been reorganized to mirror the sequence of articles I and II: development review procedures first followed by the zone district regulations. Sec. 26 -301. - Scope and application.' CJ G u /� ---? CtOM (ef 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 /gyp �Lt a comprehensive, integrated plan. For the purpose of ensuring maximum flexibility of this district, the district is divided into the following development district based planned zone categories, on the primary p� land use of a proposed development plan or portion thereof: 1. Planned Residential Development —PRD. 2. Planned Commercial Development —PCD. 1 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: 1. An application for private rezoning for properties in excess of one (1) acre for rezoning to residential or industrial zones. 2. An application for private rezoning to any commercial district, with the exception of a rezoning to any mixed use district. ' This section has moderate changes. Subsection A is identical to the original. I added the titles. "Applicability and "Purpose' in sections B and C. respectively. I've listed the three situations that require a planned development. Previously the first two were part of a long run -on sentence, and item 3 was not mentioned in this article, but was listed in section 26 -112. I Draft — December 2, 2011 3. An application for site development or rezoning, other than within or to a mixed use zone district, for which an applicant owns adjacent property which, taken together with the property which is the subject of the application totals more than one (1) acre. 3 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. (Ord. No. 2001 -1215, § 1, 2- 26 -01; Ord. No. 1319, § 1, 4- 12 -04; Ord. No. 1471, § 8, 9- 13 -10) 3 I'd deleted the original text because it is redundant and does not pertain to applicability. A PD is better described in the next section (purpose). The original text here read: All applications for a zone change to a planned development district shall be reviewed in accordance with the zone change procedure in section 26 -112. A planned development district may be approved for any single use or any combination of uses: provided, that the intent and purposes of this section are met, and that the general health, safety and welfare of the community are advanced through its approval. " " This used to say, "This section..." Should it be "This article... "? s This used to say "which may not be permitted under.... " The proposed language corresponds to the new criterion that justifies a PD instead of a zone change to a straight zone district. This used to say, - -this section..." Should it be "...this article... "? I've proposed fewer purpose statements that answer the question, "What specifically is the purpose of a planned development, as distinct from a straight development ?" In the proposed ordinance, statement 1 is new and the rest are identical to the original. I eliminated the original statements 5, 7, 8, and 10 because they were covered by other statements. Draft - December 2. 2011 Sec. 26 -302. - Planned development review procedures . 8 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 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 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. a. The site plan provides final engineering and site design details. All site plan applications will be reviewed for consistency5 �yvith the standards in the outline and specific development plans. b. 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 c. All approved site plans shall be kept on file in the community development department. d. 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: 12 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. 6 This section used be titled, "Application for planned developments." The proposed title mirrors the title of article I (development review procedures) and more clearly directs a reader to this section for procedural information. In the original code, an introductory aragraph included disparate pieces of information, which are now organized in subsection B (sequence of related applications.) in the original, subsection 26 -308.13 (Subdivision /platting) included this information. In the original, subdivision could be simultaneous with an FDP. We agreed this can occur with the specific development plan. 10 The site plan review replaces the FDP, and this language is borrowed from mixed use, section 26 -1115. We agreed to retain the exemption for PRDs in item "d.' " This sentence includes language borrowed from the MU concept plan. 1 This review procedure is cut and paste from section 26 -112 (proposed revisions): we had agreed it was necessary to duplicate the procedure here so article III can stand alone. Draft — December 2, 2011 ie preapplication conference, but prior to submitting :velopment district, the applicant shall be required �04 . Ov ( — cribed in section 26- 109.A. d I nt shall be submitted to the community eve opme for completeness in accordance with the submittal ete application packet the cqmmunity deyelopment � ✓h.(, ) rocess: 2aring PC Cj the application to affecte encies for review � " LOIl-h lice of a scheduled public on the application posting in the manner provided in section 26 -109. C. Statt will prepare a wi I M511 I CPU < <.... ,Manning commission which evaluates the proposal, makes findings, and makes recommendations using the review criteria set forth below in section 26- 303.D. } '9 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 the hearing. a 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. 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 protest against such change of zone, as defined in section 5 -10 of the city t 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 -hear f�:- �� fc t % - ry B. Recording. All approved outline development plans shall be r V corded 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. '' The following text was in the original section 26- 302.B: I deleted that whole section because it was redundant. If we want to include this language on review, it should be in the review procedures: In reviewing a specific request to establish a planned development district or amendment to an e/velopment e, the pla ng commission and city council shall consider standards for similar uses in other Wheat Ridge zone unless erwis specifically provided herein. Requirements for setback, lot coverage, height, density, area, bufferscapi signage, etc., may be more or less restrictive than such requirements in similar zone districts, based upon of e planning commission and city council which consider a combination of factors, including, but not limited tontensity of use4 proposed, size and shape of parcel, location, adjacent uses and the adequacy of public facilities. e city council recognizes that planned developments may vary certain design and other requirements. the planlopment process may not be used to circumvent the intent ands int fihe protections afforded by this chapter. 74 Is there an appeal from ra zone_ change denial? Draft — December 2, 2011 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 -307. D. Criteria for review. Th city council shall base its decision in consideration of the extent to which the applicant demonstrates the following criteria have been met: 15 1. The change of zone promotes the health, safety, and general w are f the community and will not result in a significant adverse effect on the surrounding are . ah 2. 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. 3. The development proposed on the subject property is not feasible under any other z district, 101 and would require an unreasonable number of variances or waivers and condition .4A_q 4. Adequate infrastructure /facilities are available to serve the types of uses allowed b e c f zone, or the applicant will upgrade and provide such where they do not exist or are and capacity. Sec. 26 -304. — Outline development plan application contents. 16 A. Application contents. A complete application for a zone change request to a planned development district shall include: 17 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: In our last meeting we discussed my findings from the Colorado Land Planning and Development Law book (2004). From that book I gleaned that we can have different criteria for a straight zone change and a PD, and that based on state law a straight rezoning should either comply with the comp plan or reflect a change or error. For planned development, however, past errors or changed conditions are not a pre- requisite for adoption, and that PD zone change must comply with adopted comprehensive plans. I'm glad Ken asked the question about home rule charter, because I found that courts have held that any conflict between a state statute and the PD ordinance in a home rule charter municipality is resolved in favor of the local ordinance. This means that whatever we say supersedes the PUD Act, but I still think it makes sense to reevaluate our criteria. I have looked at the criteria for Arvada, Denver, Englewood, Golden, and Boulder (city). Our criteria have changed very little over the last decade, so I've proposed a simplified version here and in sec 26 -112 (private rezoning) in an attempt to eliminate repetition and wordiness. If this is too dramatic a change, let me know. This section should mirror our checklists " This list mirrors the submittal list for a private zone change in section 26 -112, with the addition of item h. outline development plan. Draft - December 2, 2011 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. 8. 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. 9. 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 may be required in hard copy, in electronic file format, or both.' 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. Co etes and bounds legal description on the current city datum with proper section a d PHAC ties per city geodetic requirements. C . Sm cale location map, with north arrow and scale. d. Ownership /unified control statement. 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. b e A We ag to retai is language in case we have a phased or sizable planned development that would require preliminary engineering wi try outline development plan /zone change. Our standard will be to require preliminary engineering with the specific development plan and final engineering with the site plan review /building permit. ' In the original code, the ODP contents are listed in random order, and are very wordy and unclear compared to the ODP checklist. Further, the checklist and the currently codified list do not entirely match. Under project information, items a -h are the same as currently exist on the ODP checklist. I removed phasing /development schedule because we talked about that information being more appropriate in a development agreement. The development standards are reorganized, and largely gleaned from the ODP checklist and the existing code. I am drafting a supplemental handout to explain these items as required (for example, 'ownership /unified control statement' and "character of development. ") Draft — December 2, 2011 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 :21 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 landscaped, parking, and building pads. d. General areas to be used for drainage, parks, and other areas to be reserved or dedicated to public use. 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. 20 A similar note is currently used for a concept outline development plan that will require an amendment. " This list is derived from the checklist and from the original code; section 308.C.2. I also borrowed language from the MU concept plan. 7 Draft - December 2, 2011 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 ublic a encies for review and comment. 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 the hearing. V 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. Reasons for the decision shall be-� stated for the record and the motion shall be made available to the applicant . City council shall base its de ision upon all vi enc presented, with due consideration of the criteria for review. B. Recording. All approved spe' cific dedelop 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. ction 26 -307. D. Criteria for review. The city coun all base its decision in consideration of the extent to which the applicant demonstrate the�f Ilo teria have been met: 1. The proposed spelfc devehipri t plan is consistent with the purpose of a planned development as stated in section 26 -301 of this article. A 2. The proposed specific development plan is consistent with the design intent or purpose of the approved outline development plan. 3. The proposed uses indicated in the specific development plan are consistent with the uses approved by the outline development plan. a 4 t 22 This language is taken from the subdivision section, 26- 407.8.5. Is this appropriate? The goal is to have the specific development plan approved by something other than an ordinance. thereby avoiding a second opportunity for legal protest. � �� l Ir " 1 read in the CRS PUD Act (24 -67- 105.5) that if a governing body requests a redesign of all or a portion of a PD submitted for 1h" approval, that the redesign request must have specific, objective criteria. If the applicant redesigns the PD in accordance with th 0 0 1��*� request, no further redesign can be required unless required to comply with some other ordinance or regulation. foes this Q '° PL/1 information apply? Do we need to mention it here? K-4 kx,. '4 1 have updated these criteria based on our discussion on 11/30. The specific must be consistent with the intent of the ODP. Draft — December 2, 2011 4. The site is appropriately designed and is consistent with the development guidelines established in the outline development plan. S. 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. 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 may be required in hard copy, in electronic file format, or both. 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. 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. This language is derived from the original ordinance and from the recent PW ordinance (26-11 1.13.1.m). We may require them or w will require them? Do we specify that some of this would be preliminary? 9 Draft - December 2, 2011 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. 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.- Site Plan Review] 27 151 1 ll vtt� L - ;k Sec. 26 -307. - Amendments to development plan �, 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 28 B. Outline development plan amendments. An amendment to an approved outline development plan shall require a new application. subject to the same procedur and,requ ements as for the original approval, if any of the following conditions exist: ' 1. Substantial changes extensive enough to be considered a new develop ent plan. 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 develop ent plan. b. An increase in density us beyond the authorized maximum allowed on the approved outline development pla . 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. f. Proposed land uses are not permitted on the approved outline development plan. 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 zf The language for architectural elevations and birds- eye -view are taken from the existing code and ODP checklist. "�,Do we need to insert the site plan review language here, to make it abundantly clear that the site plan is the third step? It is currently in 302.8.4 of this draft. 28 This language is copied directly from the original, section 26- 311.A. 10 Draft - December 2, 2011 V _. the outline development plan, unless specific alternative provisions have been approved by city council part of the unified control agreement. 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 amendmeCp are not met as set forth in subsection B above. kv a 1. Administrative review. The community development director may approve variations including, The director and planning commission may impose conditions upon any amendment to ensure S Q(Cil the e 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' development plan maybe requested only for properties within single- and two - family planned �r s�ial developments, following the applicable administrative or non- administrative variance process as prescribed in section 26 -115. Sec. 26 -308. - Interpretation of development plan S.32 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 2 `' This section reflects the decision not to include prescriptive thresholds for what amendments are administrative versus PC review Criteria borrowed from Belleview, WA in the APA "Planned Unit Development" PAS NO. 545, p. 51 This is copied from the original code; should this say outline or specific or both? This section is nearly identical to the original section 26 -309, Application of standards. I changed the title to provide clarity. m but not limited to: re- orienting of buildings, parking lots, landscaping areas, architectural details, 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. �f/ \ 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.B. 3. Substantial changes, extensive enough to be considered a new development plan, are required to be processed as a new 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.(Mt?( b. The amendment maintains the quality of design or product established by the original approved development plan D_ � 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 S Q(Cil the e 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' development plan maybe requested only for properties within single- and two - family planned �r s�ial developments, following the applicable administrative or non- administrative variance process as prescribed in section 26 -115. Sec. 26 -308. - Interpretation of development plan S.32 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 2 `' This section reflects the decision not to include prescriptive thresholds for what amendments are administrative versus PC review Criteria borrowed from Belleview, WA in the APA "Planned Unit Development" PAS NO. 545, p. 51 This is copied from the original code; should this say outline or specific or both? This section is nearly identical to the original section 26 -309, Application of standards. I changed the title to provide clarity. m Draft - December 2, 2011 the zone district in which the approved uses contained within the �3 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 spee4,- development plan Q�t.34 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 35 pursuant to the provisions of section 26- 115.E. E. If the development standards specified on a recorded outline development plan do not meet the current standard, a final development plan can be approved consistent with those standards on the recorded ou line development plan. This provision does not apply to requirements listed under article IV t bdivisio egulations. c. 26 -309. - Similar uses in planned developments . 31 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. J Similar use determination process. Any use which is not specifically listed as a permitted use in a ` planned development district is allowed only under the following procedure: `n 1. The communit development director shall notify adjacent property owners by letter notice and posting of the it or ten (10) days that a similar use is requested for the property. The notice and posting shat co ain a description of the proposed similar use and a copy of Ordinance 1200. series 200 . 2. If no wri n bjection to the proposed similar use is received and the community development directo fi s that the proposed similar use meets the definition of similar use contained in section (a) a v , the community development director is authorized to approve the similar use. 3. If a r' en objection is received or if the community development director finds that the definition y�b� i " ar use does not apply, the community development director shall forward the ination request to the planning commission at a public hearing. Notice of said hearing shall s provided in section 26 -109 ordation. If approved, the similar use shall be recorded as an affidavit of amendment to the lopment plan. The site plan review process replaces the FDP: what should this say? i This used to say "final development plan." To which document should it now refer? J , This used to read "appeal the determination..." I changed it to "interpretation" for consistency with the BOA interpretation process outlined in section 26 -115.E m I'm not sure what this statement means. Current standard for what? Does this refer to the current standards for planned development districts as outlined in this article? Does this mean that a planned development mu me t current sub ivision 1 - J r�qulations (article IV) regardless of how old the PD is? Unclear. Mv, �kw (h tom-- t ltp,�/✓� yV ..{{' This section is nearly identical to the original section 26 -307. but it was illogically located after the zone district regulat and before the procedure. I have relocated it adjacent to the interpretation of standards, so the two sections on interpretation (standards and use) are adjacent. iYa Draft - December 2, 2011 (Ord. No. 2001 - 1215. § 1, 2- 26 -01; Ord. No. 1288, §§ 1, 2, 5- 12 -03; Ord. No. 1319, § 1, 4- 12 -04) Sec. 26 -310. - Binding upon successors and assign S.38 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. (Ord. No. 2001 -1215, § 1, 2- 26 -01; Ord. No. 1319, § 1, 4- 12 -04; Ord. No. 1383, § 6, 5- 14 -07) Sec. 26 -311. - Interim use . 39 n Subsequent to rezoning to a planned development district and approval of a- s�eei#i kf-e - site plan, 40 but prior to development and use of a parcel in accordance with the app ed 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., —� (Ord. No. 2001 -1215, § 1, 2- 26 -01; Ord. No. 1319, § 1, 4- 12 -04) G� Sec. 26 -312. - Planned residential development (PRD) district regulations. 7Q [� A. Area: No minimum. B. Density: Maximum twenty -one (21) dwelling units per acre. �Q nn C. Height: Maximum thirty -five (35) feet. D. Landscaping: In accordance with section 26 -502, otherwise as established by the outline 2 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. Fences and walls: In accordance with section 26 -603, otherwise as established by the outline dpment plan and as specifically detailed on an approved specific development plan or site plan. 9 9 Y the outline development plan e: In accordance with article VII, otherwise as established b PM G. Si Ian P L AC and as specifically detailed on an approved specific development plan or site plan. Jy H. 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: L 1. The structure was legally in existence on September 8, 1997; f� 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. d C This exemption shall not apply to: W� N 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). I. All planned residential developments shall meet the residential site design standards of article V unless specifically varied on the outline and specific development plan. Same as original section 26 -310. ✓' Same as original section 26 -312. Li This used to say "final development plan." Is it now specific development plan or site plan? 13 Draft — December 2, 2011 J. 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 (Ord. No. 2001 -1215, § 1, 2- 26 -01; Ord. No. 1241, § 1, 1- 28 -02; Ord. No. 1319, § 1, 4- 12 -04; Ord. No. 1440, § 1, 4- 13 -09) Sec. 26 -313. — Planned commercial development (PCD) district regulations. ?PfxA— A. Area: No minimum. B. Height Commercial structures shall not exceed fifty (50) feet. s 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. 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. F. 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. G. A planned commercial district shall be used to establish any proposed recreational vehicle park. (Ord. No. 2001 -1215, § 1, 2- 26 -01; Ord. No. 1319, § 1, 4- 12 -04) Sec. 26 -314. — Planned industrial development (PID) district regulationsAYbWl 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. 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. F. 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. G. All planned industrial developments shall meet the industrial performance standards set forth in section 26 -505 (Ord. No. 2001 -1215, § 1, 2- 26 -01; Ord. No. 1319, § 1, 4- 12 -04) Sec. 26 -315. — Planned hospital development (PHD) district regulations. A. Allowable uses. The following uses hereinafter listed shall be permitted my 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. 14 Draft - December 2, 2011 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. 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. 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. 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. (Ord. No. 2001 -1215, § 1, 2- 26 -01; Ord. No. 1319, § 1, 4- 12 -04; Ord. No. 1440, § 2, 4- 13 -09) Sec. 26 -316. - Planned mixed use development (PMUD) district regulations. 7bD v 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. '" Why is PMUD the only district with a purpose statement? 15 Draft — December 2, 2011 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. -�1 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. �1 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. H. 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. I. 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. (Ord. No. 1239, § 1, 1- 14 -02; Ord. No. 1319, § 1, 4- 12 -04; Ord. No. 1440, § 3, 4- 13 -09; Ord. No. 1481, § 10. 3- 28 -11) 16 Draft - December 2. 2011 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. 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: 1. Change of zone of a parcel of land from one (1) zone district classification to another zone district. 2. Changing of the conditions of an existing zone district where those conditions were specifically --) established by a previous rezoning ordinance. � �Q GeMMURit development 4. In the event an applicant for site development or rezoning, other than within or to a mixed use zone district, owns adjacent property which, taken together with the property which is the subject of the application totals more than one (1) acre, the applicant must process the application as a planned development under article III. C. Review procedure. 3 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. 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: ' Part A (purpose) remains unchanged Is this section supposed to apply to planned developments? How or where do we state the circumstances that require a PD and refer a reader to article I II for a zone change to planned development? ' The middle portion of Section 112 is proposed to be reorganized to include the following distinct subheadings: part C, review procedure; part D, application contents; and part E, criteria for review. Part C (review procedure), is proposed as a standalone section that includes all steps involved in the zone change process. The review process is not currently explained in a step -by -step fashion. Part C currently addresses the neighborhood meeting requirement, application contents, and referral period. The planning commission and city council review are mentioned later in parts E and F. The proposed approach clarifies the process. ' There is currently no reference to the pre -app meeting requirement. Draft - December 2, 2011 a. Staff will review the application and refer the application to affected ublic a encies for review and comment. 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 the hearing. J The planning commission shall then make a recommendation to city council to approve, approve �Y \ with conditions, or deny the application, basing its recommendation upon the facts presented in J 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. 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 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 proposwfti>a ` �. ( c1La �,,- �-•-c� D. Application contents. A complete application packDfor 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. 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. The current section on legal protests could be written more clearly, abbreviated, or moved. This draft shows an abbreviated description and references section 5- because legal protests apply to all action by ordinance. 6 Within the zoning code, there are inconsistencies in the way in which submittal requirements are explained. There is no use of common language and in many cases the codified submittal requirements do not align with the checklists given to applicants. The proposed list for part D (application contents) is based on the existing submittal list in section 112 and the submittal checklist for zone changes. Draft - December 2, 2011 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 for review.' The city councp all 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. A,yA 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 e dr, Wheat Ridge is in error. W c. A change of character in the area has occurred or is occurring to such a degree that it is in the interest to the to recognize the changing �✓ public encourage redevelopment of area or 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. 3. Adequate infrastructure /facilities are available to serve the types of uses allowed by the change of one, or the applicant will upgrade and provide such where they do not exist or are under apacity. (vf The application is in substantial compliance with the applicable standards set fgrth in the rchitectural and Site Design Manual or other applicable design standai WIL 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. —74TW _ o � y �r . G. Assessment of comprehensive plan. Planning commission and city council shall erform a assessment of zoning decisions to consider modification of the comprehensive pan 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 ti��Pfap sFiali a o be considered. In our last meeting we discussed my findings from the Colorado Land Planning and Development Law book (2004). From that book I gleaned that we can have different criteria for a straight zone change and a PD, and that based on state law a straight rezoning should either comply with the comp plan or reflect a change or error. As I evaluated the PD criteria, I think makes sense to reevaluate our private zone change criteria as well. I have looked at the criteria for Arvada, Denver, Englewood, Golden, and Boulder (city). Our criteria have changed very little over the last decade, so I've proposed a simplified version here in an attempt to eliminate repetition and wordiness. If this is too dramatic a change, let me know. H There is a conflict with the recordation requirements for straight zone changes and rezoning to a planned development. does this matter? Section 26 -112 requires a zoning ordinance be recorded within 30 days of the effective date of the ordinance. Section 26 -308 requires an outline development plan be recorded within 60 days of final action (interpreted as effective date), and may be granted a one -time 30 -day extension. Presumably the recording timeline for a zone change to a planned development district is longer because mylar preparation takes longer the straight zone change ordinance. `' Part G (assessment of comprehensive plan) remains unchanged. How /when does this assessment occur? PART EE - CODES OF LAWS Chapter 26 - ZONING AND DEVELOPMENT ARTICLE EEE. - PLANNED DEVELOPMENT DI TRICT REGULATIONS � 2. Planned Commercial Development- -PCB?. 3. Planned Industrial } cl pment- -PID. 4. Planned Hospital Dev lopm nt PHD. 5, Planned Mixed Used Development --PMU , Wheat Ridge, Colorado, Code of Ordinances Page 1 of 19 PART If - CODE OF LAWS Chapter 26 - ZONING AND DEVELOPMENT ARTICLE Ill._- PLANNED DEVELOPMENT DISTRICT REGULATIONS 1. Any new application for a rezoning to a planned development district. (Ord. No. 2001-1215, § 1, 2-26-01 - Ord. No. 1319, § 1, 4-12-04; Ord. No. 1471, § 8, 9-13-10) Sec. 26-302. - General regulations. Wheat Ridge, Colorado, Code of Ordinances Page 2 of 19 PART CODE OF LAWS Chapter 26 - ZONING AND DEVELO. ,. r „ 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 Z Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming Wheat Fridge, Colorado, code of Ordinances Page 3 of 1 PART 11 - CODE OF LAWS Chapter 26 - ZONING AND DEVELOPMENT ARTICLE [it. - PLANNED DEVELOPMENT DISTRICT REGULATIONS Sec. 26-304. - Planned Commercial Developments (PCB ) regulations. A. Area: No minimum. B. Height Commercial structures shall not exceed fifty (50) feet. F. Signage' In act6rdance with article VII, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. G. All planned industrial developments shall meet the industrial performance standards set forth in section 26-505 (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1319, § 1, 4-12-04) Wheat Ridge, Colorado, Code of Ordinances Page 4 of 1 9 ?t ART • OF k Chapter 26 - ZONIN, DEVELOPMENT ,•. Sec. 26-306. - Planned Hospital District (PHD) regulations. A. Allowable uses. The following uses hereinafter listed shall be permitted only as specifically designated on the approved final development plan: 1. Public and private general hospital. 2. Hospitals or sanitariums for contagious diseases, or the mentally disturbed or handicapped. requirement. I . Minimum twenty-five (25) percent overall site Wheat Ridge Colorado, Cade of Ordinances Page; 5 of 1 PART a Ch .„ E. Density. Maximum of twenty-one (21) units per acre. F. Landscaping. In accordance with section 26-502, otherwise as established by the outli development plan and as specifically detailed on an approved.final develo me t plan. G. Parking. In accordance with section 26-501, otherwise as established �by the outline development plan and as specifically detailed on an approved final development plan. Allowances may be made for sh ared parking spaces if it can be .d t th sa tisfaction of - person or approval body - • a as having final app authority parking de ♦ for diffe use occurs at differe Signage. In accordance with article VII, otherwise as established by the outline development plan Wheat at Ridge, Colorado, Cads of Ordinances Page 6 of 1 PART CODE OF LAWS Chapter 26 - ZONING AND DEVELOPMENT 1, CLE lU - EL& and as specifically detailed on an approved final development plan. (Ord. No. 1239, § 1, 1-14-02; Ord. No. 1319, § 1, 4-12-04, Ord. No. 1440, § 3, 4-13-09; Ord. No. 1481, § 10, 3-28-11) (Ord. No. 2001-1215, § 1, 2-26-01 ; Ord o. 1288, §§ 1, 2, 5-12-03. Ord. No. 1319, § 1, 4-12-04) Sec. 26-308. - Application for planned developments. Wheat Ridge, Colorado, Code of Ordinances Page 7 of 19 PART CODE OF LAWS Chapter 26 - ZONtNG AND DEVELOPMENT ARTICLE Ill. - PLANNED DEVELOPMENT DISTRICT REGULATIONS h. The outline development plan as described below. I a t re o Wheat Ridge, Colorado, Code of Ordinances Page 8 of 19 PART . CODE OF LA Chapte 26 - ZON / »� . c. e ex topographic charac of 2® land ata con - i nterva l o t wo ® feet if the s is Iess than n (10)p < and <.e fee if v, s s grea than ten (1 0) pe Wheat Ridge Colorado, Code of Ordinances Page 9 of 19 PART CODE OF LAWS Chapter 26 - ZONING AND DEVELOPMENT &RTjf-1E--1L' 1LATI *jj S w 21 firg omit kirlm Raw=gm IM#Dl #1 ral a 11tal ol to Im J!�E I I I wo] mg 4. The following certifications, in addition to the required surveyor's certificate, shall also be placed upon the outline development plan: OWNER'S CERTIFICATION Wheat Ridge, Colorado, Code of Ordinances Page 1 0 of 19 M. a ww CUDE OF LAWS Chapter 26 - ZONING D DEVELOPMENT Subscribed and sworn to befor me thi day o Witness my hand and official seal My commission expires 7 J NOTARY SEAL 2 10' 12 112 112 • Recommended for approval this 1 day of f J b y the ` Wheat Ridge Planning Commission. Chairperson 11 % City Clerk JEFFERSON COUNTY CLERK AND RECORDER Wheat Fridge, Colorado, Code of ordinances Page 11 of 19 By: Deputy 5. Outline development plan review procedures. c. City council hearing. The city council shall hold a public hearing pursuant to public notice as required by section 26-109. The city council shall approve, approve with modifications or deny the application. Wheat Ridge, Colorado, Code of Ordinances Page 1 2 of 19 PART It - CODE OF LAWS Chapter 26 - ZONING AND DEVELOPMENT PART CODE OF LATTS Chapter 26 - ZONING AND DEVELOPMENT ARTICLE Ill. - PLANNED DEVELOPMENT DISTRICT REGULATIONS Wheat Ridge, Colorado, Code of Ordinances Page 14 of 1 9 Witness my hand and official seal, My commission expires EMMUKEW COMMUNITY DEVELOPMENT DIRECTOR CITY CERTIFICATION Approved this 1 I -- ----- day of by the City of Wheat Ridge. ATTEST: This document accepted for filing in the office of the County Clerk and Recorder of Jefferson County at Golden, Colorado, on the day Of Ap f in Book Wheat Ridge, Colorado, Code oft rdinanc Page 15 of 9 9 P AR T C ODE OF LA Cha pter ♦ - Z ONING AND D EVELO P MENT ARTICLE Ill. �w PLANNED DEVELOPMENT DISTRICT REGULATIONS / l Page Reception No. JEFFERSON COUNTY CLERK AND RECORDER 4. The proposed final developrnent�plan complies With all applicable standards d re gulations of .s - • and the Architectural Desig unless m odified th •• sp p p r o cess. c. The community development director may approve, deny or approve the proposed final development plan with conditions. In the case of a denial by the community development director or applicant objects s conditions of approval im•r ^d b the community de director applicant may appeal decision to City Council at a public hearing within thirty (30) days of the decision. 5. Expiration of final development plan approvals, r6applications. a, Construction shall commence in accordance with the development schedul Wheat Fridge, Colorado, Cade of Ordinances Page 16 of 19 PART It - CODE OF LAWS Chapter 26 - ZONING AND DEVELOPMENT ARTtGLE--H1-_--PLAW #_ 111 A, Detailed specifications and standafds Which should have been set forth on an approved outline and final development plan, but which were found subsequent to - appi6Val to have been oitlift6d, 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 final development plan would be permitted. (Ord, No. 2001-1215, § 1, 2-26-01; Ord. No. 1319, -§ 1, 4-12-04, Ord. No. 1383, § 6, 5-14-07) Sec. 26-311. - Amendments • development plans. 2 MAE least twenty-five (25) percent of the owners of real property contained within the area originally Wheat Ridge, Colorado, Code of Ordinances Page 17 of 19 PART CODE OF LAWS Chapter 26 - ZONING AND DEVELOPMENT yli%�Jijiij� !!I � p! gil III is I OEM= .4. Decrease in perimeter setbacks.� 5 Reduction in required buffer areas. 6 Increase in height of any structures. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1319, § 1, 4-12-04; Ord. No. 1383, § 6, 5-14-07; Ord. No. 1433, § 1, 3-9-09) Wheat Ridge, Colorado, Code of Ordinances Page 1 8 of 19 RT It - CODE OF Chapter • 1t DEVELOPMENT ARTICLE III, - PLANNED DEVELOPMENT DISTRICT REGULATIONS a Subsequent to rezoning to a Planned Development District and approval of a final development 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 !mpproval; provided, however, that no new permanent structures or additions to existing structures will be permitted, Wheat Ridge, C olorado, Cade of Ordinance Page 19 of 19 See. 26 -112. - Private rezoning. Ordinance errors a s s • - designation - era description e or +o .+w c ouncil errors. The final decision on a change of zone expressly rests in the exercise of the discretion of the city • all applicants are advised there is no right to a chan •• of a► - of prope 13 A�*ab#ity� 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 f ollowing is proposed a. Proof of ownership of land (copy of the property deed), h. A certified boundary and improvement survey, at a scale of not less than one (1) inch equalling one hundred (100) feet. c. A legal description of property under consideration (exact description of area to be rezoned, described in bearings and distances, tied to a section corher). III I a, The change of zone is in conformance, or'will bring the property into conformance, wi the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other relat policies or plans for b. The proposed change of zone is compatible with the surrounding area and there will minimal adverse impacts considering the benefits to be derived; c. There will be social recreational, physical and/or economic benefits to the community •^ °• by the change • zone; 3, The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. E. Planning commission review. The planning commission shall hear and consider any evidence • statement presented by the applicant, city staff, or by any person in attendance at the hearing. 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 above. In the event of a protest against such change of zone, signed by the owners of twenty (20) percent or more of the area R 11111 (2) Of those immediately adjacent • the rear • any side • the property, extending one hundred (100) feet from the property-, • (3) Of those directly opposite across the street from the property, extending one hundred (100) feet from the street frontage • such opposite property, ]MAN 101mo