HomeMy WebLinkAboutZOA-06-07Y City of
1 1, Wheatidge
COMMUNITY DEVELOPMENT
Memorandum
TO: Ken Johnstone
FROM: Meredith Reckert
DATE: April 9, 2009
SUBJECT: Ordinance correction
On May 14, 2007, City council passed Council Bill. No. 02-2007 which amended the zoning and
development in several places related to development review. One of the approved
modifications was to Article III (Planned Development Districts).
There is an error in the current codified version in the code of laws as follows:
6. Optional process: Conceptual outline development plan. In those instances when an
applicant wishes to rezone a specific property, but does not have a specific development plan in
mind, a more conceptual outline development plan can be submitted. This conceptual
The conceptual outline development plan will be processed consistent with subsections 5 and 6
of this chapter. A note shall be added to any conceptual 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
non-administrative amendment to this outline development plan must be submitted and approved
by the City of Wheat Ridge prior to the submittal of a final development plan and any subsequent
site development. "
Pursuant to the approved ordinance, the language should be as follows:
6. Optional process: Conceptual outline development plan. In those instances when an
applicant wishes to rezone a specific property, but does not have a specific development plan in
mind, a more conceptual outline development plan can be submitted. This conceptual
chapter. The conceptual outline development plan will be processed consistent with subsections
5 and 6 of this chapter. A note shall be added to any conceptual 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 non-administrative amendment to this outline development plan must be submitted and
approved by the City of Wheat Ridge prior to the submittal of a final development plan and any
subsequent site development. "
A correction to this regulation must be made upon the next set of revisions provided to the
codifier. Until the new page is codified, all holders of the zoning and development code or the
code of laws will be given the corrected page for replacement to the current version. I am
working with Kathy to facilitate the temporary correction.
2
CITY SEAL
COUNTY CLERK AND RECORDERS CERTIFICATE
This document accepted for filing in the office of the County Clerk and Recorder of
Jefferson County at Golden, Colorado, on the day of
AD, in Book , Page , Reception No.
JEFFERSON COUNTY CLERK AND RECORDER
By:
Deputy
5. Outline development plan review Review procedures:
a. Staff review: Upon filing of an application and other required documents,
community development staff will refer copies of the plans to affected
departments and agencies for review. All comments shall be forwarded to the
applicant so that necessary revisions may be made by the applicant prior to
scheduling the application before planning commission.
b. Planning connnission hearing. The planning commission shall hold a public
hearing pursuant to the public notice requirements of section 26-109. The
planning commission shall recommend approval, approval with modifications or
denial of the outline development plan, stating the reasons for its
recommendation. The recommendation shall be forwarded to city council.
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.
6. Optional Process: Conceptual outline development plan. In those instances when
an applicant wishes to rezone a specific property, but does not have a specific
development plan in mind, a more conceptual outline development plan can be
submitted. This conceptual development plan shall serve to only address allowed
uses and development standards for the property, and must contain all items listed
in subsection 2a through 2u of this chapter. The conceptual outline development
plan will be processed consistent with subsections 5 and 6 of this chapter. A note
shall be added to any conceptual outline development plan which states:
"This outline developmentplan 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 non-administrative amendment to this outline
development plan must be submitted and approved by the City of Wheat Ridge
prior to the submittal of a final development plan and any subsequent site
development. "
A final development plan may not be submitted for any property for which a
conceptual outline development plan has been approved. A non-administrative
l3
INTRODUCED BY COUNCIL MEMBER SANG
Council Bill No. 02-2007
Ordinance No. 1 2g't
Series of 2007
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF
THE WHEAT RIDGE CODE OF LAWS
CONCERNING THE DEVELOPMENT REVIEW
PROCESS
WHEREAS, City of Wheat Ridge City Council commissioned a year
long study entitled Repositioning Wheat Ridge, which included several
recommendations concerning revitalization efforts in the City; and
WHEREAS, one of those recommendations was to implement a revised
development review process and adopt standards that achieve the objectives of the
Repositioning Wheat Ridge study; and
WHEREAS, the City Council desires to amend certain sections of the
Zoning and Development Code to encourage revitalization of the City and
implement the development objectives of the Repositioning Wheat Ridge study.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, THAT:
Section 1. Section 26-103 (Site Development) is hereby amended as follows:
A. All site development within the city, ineluding single r^m4y housin shall be
required to follow the procedures and satisfy the requirements set out below prior to
development. "Site development," as used in this chapter, is a general and inclusive term,
and is defined in section 26-123. The developer is required to attend in person or by
authorized representative, all meetings at which the project is considered, unless
otherwise notified by the planning community development department. Ne site
a ^r^-°-° ^ ' °a The use of property may not be substantially
changed, substantial a gFading, filling of e... a'tion . of be - men ed, and
buildings or other substantial structures may not be constructed, erected, moved or
substantially altered except in accordance with and pursuant to one (1) or more of the
approvals listed in the review process chart. Clearing, grading, filling or excavation
may be commenced subject to the approvals required in this chapter and pursuant
to section 26-623.
B. All site development must also obtain building and construction permits pursuant to
the uniform codes adopted by the city, and must comply with all other applicable sections
contained within this chapter and chapter 5. All applications for building permits,
exclusive of single and two-family dwellings, shall comply with the applicable
standards set forth in the Architectural and Site Design Manual.
C. In addition to the requirements of this chapter, the provisions of section 5. 1.1 of the
Wheat Ridge Home Rule Charter, pertaining to building height and density limitations,
apply.
D. All applications for approval of site development pursuant to this chapter shall be
accompanied by proof of ownership by the applicant of the subject property. Such proof
may take the form of a recorded deed, a title commitment, or a power of attorney from
the owner(s) where an agent acts on their behalf. In the case of application for special use
permits, both the owner of the property and proposed special use must join in the
application.
Section 2. Sections 26-112 (Private Rezoning) C and D are hereby amended as
follows:
C. Application form and review procedure:
1. Prior to submitting any application for a change of zone, the applicant shall be
required to hold a neighborhood input meeting. (See section 26-109A. for
requirements.)
2. Reserved.
3. Applications for change of zone shall be submitted on notarized forms
provided by the department of community development and shall be accompanied
by:
a. Proof of ownership of land (copy of the property deed).
b. A certified boundary and improvement survey, at a scale of not less
than one (1) inch equaling 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
corner).
d. Appropriate fee.
4. All applications shall also be accompanied by written information in sufficient
detail to convey the full intent of the applicant, to justify why a change of zone is
appropriate,' and shall include:
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.
g. Any additional materials necessary to adequately review the proposal.
D. Criteria for review. Before change ` be approved, the a pl cant shall
zene may Tiy-emine:; shall find: The city council shall base its decision in
show,
consideration of the extent to which the applicant demonstrates the following
criteria have been met:
1. T-liat the The existing zone classification currently recorded on the official
zoning maps of the City of Wheat Ridge is in error; or
2. That -a A change in character in the area has occurred due to installation of
public facilities, other zone changes, new growth trends, deterioration, or
development transitions, and that the evidence supports the finding of at least
four of the following:
a. That the 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; and
b. That the The proposed change of zone is compatible with the
surrounding area and there will be minimal adverse impacts
considering the benefits to be derived; axd
c. Thatthere There will be social, recreational, physical and/or economic
benefits to the community derived by the change of zone; and
d. That adequate Adequate infrastructure/facilities are available to serve
the type of uses allowed by the change of zone, or that the applicant
will upgrade and provide such where they do not exist or are under
capacity; and
e. That the The change of zone will not adversely affect public health,
safety or welfare by creating excessive traffic congestion, creating
drainage problems, or seriously reducing light and air to adjacent
properties; and
f That change of ll not create elated spot- a: c4 zone lated ,.a ..t , . .
3. The application is in substantial compliance with the applicable standards
set forth in the Architectural and Site Design Manual.
Section 3. Section 26-1 14 (Special Use) D is hereby amended as follows:
D. Criteria for review. Befefe a special use is appr ev e the °""r"ant shall show, ^^d
h :t y development a:_ eia eity couneil shall a^a the prefiesed s a use:
The community development director or city council shall base its decision in
consideration of the extent to which the applicant demonstrates the following
criteria have been met:
[I.] ~.+tT ill The special use will not have a detrimental effect upon the general
health, welfare, safety and convenience of persons residing or working in the
neighborhood. of the prefiesed use.
[2.] Will The special use will not create or contribute to blight in the
neighborhood by virtue of physical or operational characteristics. ^°the fifefiese
a
Use.
[3.] Rill The special use will not create adverse impacts greater than
allowed under existing zoning for the property. ad sely a ff et the adeq ....o
light and air, ner eiiiise signifie"..' Ii-se Pollution.
[4.] mill The special use will not result in undue traffic congestion or traffic
hazards, or unsafe parking, loading, service or internal traffic conflicts to the
detriment of persons whether on or off the site.
[5.] Vill The property be is appropriately designed, including setbacks, heights,
parking, bulk, buffering, screening and landscaping, so as to be in harmony and
compatible with the character of the surrounding areas and neighborhood,
especially with adjacent properties.
[6.] AW -4 The special use will not overburden the capacities of the existing
streets, utilities, parks, schools and other public facilities and services.
[7.] Pistary There is a history of compliance by the applicant and/or property
owner with Code requirements and prior conditions, if any, regarding the subject
property.
[8.] The application is in substantial compliance with the applicable
standards set forth in the Architectural and Site Design Manual.
Section 4. Section 26-115 (Variances) B and C are hereby amended as follows:
B. Application requirements. All requests for a variance, waiver, temporary permit or
interpretation, as described herein, shall be made by the filing of an application, together
with the required fee and supporting documentation.
1. Where a request covered within this subsection is made a part of another
administrative process, then both fees shall be imposed.
2. Documentation required:
a. Copy of the deed for the property.
b. Power of attorney if the applicant is not the owner of the property.
c. Property survey if the request involves relationship of structure(s) to lot lines
or lot area.
d. Reasons for filing an appeal or variance request. Requests for variances
must include a brief description of the evidence supporting the conditions
under which a variance can be granted as found in subsection (C) 4 hereof.
e. A "to scale" site plan.
L Architectural elevations for any new structures.
d- g. Posting certification (to be submitted at the hearing to the clerk).
e, h. Other information which the applicant, the director of community
development or the hearing authority determines is necessary in order to
adequately evaluate the application.
C. Variances and waivers:
1. Mine Administrative variances o; waivers (ten(10) fifty (50) percent or
less): The director of community development is empowered to decide upon
applications for Finer administrative variances or waivers from the strict
application of any of the "development standards" pertaining to zone districts in
article II and Sections 26-501 (Off-Street Parking) and 26-502 (Landscaping
Requirements), and 26-603 (Fencing) and Article VII (Signage) of this
chapter, which apply throughout the various zone district regulations and in other
situations which may be specifically authorized in the various sections, without
requirement of a public hearing, under the following conditions:
a. The variance er does not exceed ten (10) fifty (50) percent of
the minimum or maximum standard; and
b. The director of community development finds that a majority of the
"findings sf fast,"
z.:,a,:sue criteria as set forth in subsection ke" (C) 4 hereof,
are substantially complied with and support the request; and
c. The director of community development has notified adjacent property
owners by letter notice and posting of the site at least ten (10) days prior to
rendering his decision, and that no objections have been received during
such ten-day period. Any objections must be received in writing and be
directly related to concerns regarding the request. General objections
regarding existing land use conditions or issues not related to the request
will not be considered grounds for objection.
d. That no additional dwelling units would result from approval of such
variance or waiver.
e. That th taxc In no instance shall the community development director
hear or grant a variance as to use or as to an activity or development
which is prohibited by this chapter nor shall the limitations of Charter
section 5. 10.1 are net be exceeded.
5
2. Administrative Variance Appeals: A decision by the community
development director to deny an administrative variance or any conditions of
approval imposed by the community development director may be appealed
to the Board of Adjustment and shall follow procedures in accordance with
Section 2-61. A written appeal shall be submitted by the applicant to the
community development department within 10 days of such administrative
decision.
2.3. Variances and rs of more than ten (10) fifty (50) percent: The board of
adjustment is empowered to hold public hearings to hear and decide only upon
appeals for variances and from the strict application of the development
standards pertaining to zone districts in article 11, sections 26-501, 26-503, 26-603
or Article VII of this chapter. Where a variance or waive is made a part of
another administrative process, such as a change of zone, subdivision or a formal
site plan or development plan review which requires a public hearing before the
planning commission and/or city council, then the planning commission and/or
city council shall be empowered to decide upon such variance ^-ei request
concurrent with such other process; however, in deciding such variance or waiver
the planning commission and/or city council shall be subject to the voting ratio as
applies to the board of adjustment, set forth in Wheat Ridge Code of Laws section
2-53 2--64-. In no instance shall the board of adjustment hear or grant a variance as
to use or as to an activity or development which is prohibited by this chapter or by
section 5. 10.1 of the Charter.
3.4. a d findings of faet Criteria for review : The
community development director, board of adjustment, planning commission or
city council shall base its decision in consideration of the extent to which the
applicant demonstrates a majority of the following faets criteria fay erable !a
the ahplieant have been met stabli hed by the evidenee;
a. Can the The property in question would not yield a reasonable return in use,
service or income if permitted to be used only under the conditions allowed by
regulation for the district in which it is located?.
b. lf4he The variance mod, would A not alter the essential character of
the locality? .
c. The applicant is proposing a substantial investment in the property with
this application, which would not be possible without the variance.
d. Does the The particular physical surrounding, shape or topographical
condition of the specific property involved results in a particular and unique
hardship (upon the owner) as distinguished from a mere inconvenience if the
strict letter of the regulations were carried out? .
e. Has the The alleged difficulty or hardship has not been created by any
person presently having an interest in the property?.
6
f Would the The granting of the variance would not be detrimental to the
public welfare or injurious to other property or improvements in the
neighborhood in which the property is located, by, among other things,
substantially or permanently impairing the appropriate use or
development of adjacent property, impairing the adequate supply of light and
air to adjacent property, substantially increasing the congestion in public streets
or increasing the danger of fire or endangering the public safety, or substantially
diminishing or impairing property values within the neighborhood?.
g. The unusual circumstances or conditions necessitating the variance
request are present in the neighborhood and are not unique to the
property.
h.. if on teria a. through are found, thev, would the „t: of the -ari,44qe
distinguished from a .i' 'd., l benefit w of w F,F~=•
r eR===> would
~g Granting of the variance would result in a reasonable accommodation
of a person with disabilities?.
i. is the The application is in substantial compliance with the applicable
standards set forth in the Architectural and Site Design Manual.
4 5. Expiration: Any variance granted by the board of adjustment or director of
community development shall automatically expire within one hundred eighty
(180) days of the date it was granted, or within such other time as the board of
adjustment or director of community development may prescribe, unless a
building permit for the variance is obtained within such period of time. If the
building permit expires, the variance shall expire at the same time. Extensions of
time may be granted by the community development director for good cause
shown, but only if an application for the extension is made prior to the expiration
of the variance.
Section 5. Section 26-116 (PBG) D 3 is hereby amended as follows:
3. Standards for review: The director of community development and/or planning
commission shall have the right to approve, establish necessary conditions and limitations
in approving, or deny an application for a planned building group; provided, that the
following standards shall be applied in such approval, denial or in establishing such
conditions and limitations. in reviewing the planned building group appheation, the
:^ile ng shall be considered: The community development director or planning
commission shall base its decision in consideration of the extent to which the
applicant demonstrates the following criteria have been met:
a. Whetn her thio° The proposed plan earisistent complies with the spirit and
«ta t of the zoning and development code and of «he eomprehensive plan and
that-a it we' is not be contrary to the general welfare of the immediate
neighborhood and economic prosperity of the city. ar she immediate
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g. b. The application is in substantial compliance with the applicable
standards set forth in the Architectural and Site Design Manual.
Section 6. Sections 26-308, 26-309, 26-310 and 26-311 (Planned Development)
are hereby amended as follows:
Sec. 26-308. Application for planned developments.
All applications for approval of a planned development, redevelopment, alteration or
addition shall be filed with the department of community development prior to issuance
of a building permit. In some instances, platting is required and the plat can be processed
concurrently with the final planned development request. Article IV of this chapter
should be consulted for subdivision requirements and procedures.
A. Development plans. There are two (2) distinct steps in establishing a planned
development: an outline development plan and a final development plan. The outline
with a final dovelopment plan. When the outline dei~elopment plan is eaFabinedwith final
plans t°o (2) separate drawings are fed- The rezoning and outline development
plan step is approved through a public hearing process. Once the zoning and
outline development plan have been approved, the final development plan can be
approved administratively subject to the provisions of Section 26-308 D.4. All
informational requirements of the respective plans shall be met.
B. Subdivisionlplatting. Subdivision or plat review may be carried out simultaneously
with the review of final development plans. All requirements of the subdivision
regulations for a final plat, if applicable, must be satisfied if there are any parcel divisions
created, or if there are any dedications for streets, easements or other public purposes, or
if a previously approved subdivision is amended in any way by the proposed
development. In cases where subdivision is to occur simultaneous with final development
plan review, the applicant shall submit separate sheet(s) in addition to the subject
development plan.
C. Outline development plan. An applicant shall submit an outline development plan
for approval of a change of zone to a Planned Development District. The outline
development plan is the zoning and general concept step. It provides generalized graphic
and written information on layout, uses and intended character of the development and
must provide enough information for the review bodies to determine how the
property will be developed.
1. Submittal requirements.
a. Appropriate fee.
b. Evidence of neighborhood meeting _ Ne.g~ ghbarkeed meeting not
.,(see
section 26-109).
c. Complete and notarized application. The application must include a
detailed description of the request, responses to the rezoning criteria and
discussion regarding conformance to the design principles in the
Architectural and Site Design Manual.
d. Proof of ownership, such as copies of deeds or title commitment.
Rase,ed
reeve --e-~
e. Written authorization from property owner(s) where an agent acts on
behalf of the owner(s). Reserved.
L Survey of the property.
g. Mineral rights certification form.
h. The outline development plan as described below.
i. -f Names, addresses, telephone numbers of architects, surveyors, and
engineers associated with the preparation of the plans.
j. g, 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.
2. Form and content of the outline development plan. The maps which are apart 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 drawings may be in general sehematie F r sketch site plan format
and shall contain the following minimum information:
a. Ownership/unified control statement. A list of all existing owners of real
property included within the proposed Planned Development District, and a
written statement which describes anticipated future ownership character (i.e.
single ownership, partnership, condominium, etc.), and which indicates proposed
manner of maintaining unified control throughout the planning, development, use,
operation and continued maintenance of the planted development.
b. Character of development. A written description of the general character of
the development and of the objectives to be achieved by the particular
development concept being proposed. This statement shall include, but not be
limited to, the manner in which the proposed development meets or exceeds the
intent of the Planned Development District as stipulated in section 26-301 C.; the
proposed architectural and site design concepts, building materials (type, textures
and colors); specific concepts by which the proposed development will make an
orderly transition from existing adjacent development including buffering,
pedestrian access and specific concepts for the use and landscaping of all public
and private open spaces. It is the intent of this requirement that the applicant
provide a clear, concise statement for the reviewing authorities to better
understand the proposed development concept and upon which their decision
regarding the proposal can be based.
c. The existing topographic character of the land at a contour interval of two (2)
feet if the slope is less than ten (10) percent and five (5) feet if the slope is greater
than ten (10) percent.
d. A "to scale" sketch plan showing gene-°l indie Lion of access to the
property, areas to be landscaped, parking areas, building locations, buffering,
pedestrian linkages on site and to adjacent sites, and any other design
features such as plazas, courtyards, outdoor seating areas or other areas of
interest. The drawing shall include existing conditions on properties adjacent
to the proposed development, including but not limited to buildings,
easements, landscaping, topography and other improvements.
e. Property boundaries as per accompanying legal description.
f. Existing and proposed lot lines, easements and rights-of-way on and adjacent
to the site.
g. Adjacent zoning, land use, streets, streams, etc.
10
h. Location of all existing streets, alleys, easements, drainage areas, irrigation
ditches and laterals within and adjacent to the site.
i. Location of all proposed streets, alleys, easements, drainage areas, parks, and
other areas to be reserved or dedicated to public use.
j. Approximate leeation and extent 4niajor use area&
14. j. Any significant vegetation or land use features within or adjacent to the site
which may influence development.
h k. When located within a regulated 100-year floodplain, designation of areas
subject to a 100-year flood shall be provided. Both the floodway and flood fringe
areas shall be shown. Development within 100-year floodplains, including fill or
excavation, is regulated by article VIII.
m,1. Scale (no less than one (1) inch equals one hundred (100) feet) and north
arrow.
ii-. m. Small-scale location map as an inset which shows the subject property
centered within a quarter-mile radius.
a n. Proposed name of the planned development.
p o. A general indication of the expected utilization of the land and a list of uses
to be permitted in the development.
q- p. Legal description (metes and bounds) of total site, including area.
q. Project data for the entire site and including, by phase, maximum building
area and percent, paved area and percent, landscape area and percent, number of
lots, minimum lot sizes and dimensions, net density, gross density, etc.
r. Development time schedule by phase.
h s. Required certifications.
t. Proposed development standards including setbacks from perimeter
property lines, building height, building coverage, building separation, and
landscaping.
u. Proposed standards for parking, architectural design, landscaping,
signage, lighting and fencing.
v. Aerial perspective or "birds'-eye-view" image of the project showing
building location, layout, bulk and height in three dimensions.
it
w. Architectural elevations showing approximate building height and
proposed architectural materials. The drawings should be of sufficient detail
to illustrate the massing, height and general character of the proposed
structures.
3. The outline development plan shall be recorded with the Jefferson County Clerk and
Recorder and, therefore, must meet their requirements for recordation.
4. The following certifications, in addition to the required surveyor's certificate, shall
also be placed upon the outline development plan:
OWNER'S CERTIFICATION
The below-signed owner(s), or legally designated agent(s) thereof, do hereby agree that
the property legally described hereon will be developed as a planned development in
accordance with the uses, restrictions and conditions contained in this plan, and as may
otherwise be required by law. I (we) further recognize that the approval of rezoning to
Planned Development, and approval of this outline development plan, does not create a
vested property right. Vested property rights may only arise and accrue pursuant to the
provisions of section 26-121 of the Wheat Ridge Code of Laws.
Signature of Owner(s) or Agent(s)
NOTARY PUBLIC
Subscribed and swom to before me this day of
Witness my hand and official seal
My commission expires
NOTARY SEAL
PLANNING COMMISSION CERTIFICATION
Recommended for approval this day of by the Wheat
Ridge Planning Commission.
Chairperson
COMMUNITY DEVELOPMENT DIRECTOR
CITY COUNCIL CERTIFICATION
Approved this day of by the Wheat Ridge City
Council.
ATTEST:
City Clerk
Mayor
12
CITY SEAL
COUNTY CLERK AND RECORDERS CERTIFICATE
This document accepted for filing in the office of the County Clerk and Recorder of
Jefferson County at Golden, Colorado, on the day of
AD, in Book , Page , Reception No.
JEFFERSON COUNTY CLERK AND RECORDER
By:
Deputy
5. Outline development plan review Review procedures:
a. Staff review: Upon filing of an application and other required documents,
community development staff will refer copies of the plans to affected
departments and agencies for review. All comments shall be forwarded to the
applicant so that necessary revisions may be made by the applicant prior to
scheduling the application before planning commission.
b. Planning commission hearing. The planning commission shall hold a public
hearing pursuant to the public notice requirements of section 26-109. The
planning commission shall recommend approval, approval with modifications or
denial of the outline development plan, stating the reasons for its
recommendation. The recommendation shall be forwarded to city council.
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.
6. Optional Process: Conceptual outline development plan. In those instances when
an applicant wishes to rezone a specific property, but does not have a specific
development plan in mind, a more conceptual outline development plan can be
submitted. This conceptual development plan shall serve to only address allowed
uses and development standards for the property, and must contain all items listed
in subsection 2a through 2u of this chapter. The conceptual outline development
plan will be processed consistent with subsections 5 and 6 of this chapter. A note
shall be added to any conceptual 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 non-administrative amendment to this outline
development plan must be submitted and approved by the City of Wheat Ridge
prior to the submittal of a final development plan and any subsequent site
development. "
A final development plan may not be submitted for any property for which a
conceptual outline development plan has been approved. A non-administrative
l3
amendment to the outline development plan must be submitted which addresses all
aspects of subsection C2 of this chapter and shall be reviewed and processed
consistent with the requirements of this chapter. At such time that an amended
outline development plan has been approved, a final development plan may be
submitted and reviewed in accordance with subsection D of this chapter.
67. Recordation. 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.
8. An outline development plan accompanies a zone change request. Approval of a
final development plan is required prior to the issuance of a building permit for any
site development, except for single and two family planned residential developments
exempted by Section 26-308 D. Applications for final development plan and plat
approval MAY NOT be submitted concurrently with the outline development plan
applications
D. Final development plan. The final development plan provides the final engineering
and site design details for final approval of one (1) or more phases of development
approved through a planned development process. The final development plan
application and building permit application may be submitted concurrently.
Planned residential developments, or portions thereof, comprised exclusively of
detached single or two family dwellings are not required to complete a final
development plan process.
Submittal requirements:
a. Appropriate fee.
a- b. Complete and notarized application.
1} c. Proof of ownership, such as copies of deeds or title commitment.
E d. Pow°~ f~ a4tafnej Written authorization from property owner(s) where
an agent acts on behalf of the owner(s). mod.
e. Survey of property.
E Mineral rights certification form.
g. Final development plan. (see 2. below)
d- h. Names, addresses and telephone numbers of architects and engineers
associated with preparation of the plans and plat.
e, i. Copies of proposed agreements, provisions, covenants, condominium
declarations, etc., which govern the use, maintenance and continued protection of
the planned development and any of its common areas and facilities, and which
will guarantee unified control.
14
IL j. Additional information may be required, including, but not limited to,
geological stability report, traffic impact report, civil engineering plans,
floodplain impact report or general environmental impact report.
2. Form and content of the final development plan. The final development plan (shall
be consistent with the approved outline development plan. The final development plan
shall be drawn at a scale of no less than one (1) inch to one hundred (100) feet and
contain the following:
a. Legal description of the entire planned development, and if the final
development plan is for only a portion of the site, a legal description of that
portion of the site included within the final development plan.
b. A site plan showing proposed grading, structure footprints, roads, on
and off-street parking, pedestrian areas (plazas, sidewalks and paths),
easements/rights-of-way, site drainage and retention. The drawing shall
include conditions on properties adjacent to the proposed development in
sufficient detail to illustrate continuity and compatibility of site elements.
c. Location, extent, type and surfacing materials or all proposed walks, paved
areas, tur€in and other areas not covered by buildings or structures.
e- d. Location, size, type, height and orientation of all signs.
d- e. A schematic landscape plan whieh provides showing location, type, and
size and of all existing (to remain) and proposed plant material and
other landscape features and materials. Common and botanical names of all plant
materials shall be indicated. beeatiei3 Areas and type of irrigation system shall
be indicated.
e. f. La exteat, types of materials and height of all . ^n° an f 1ees
Elevations of walls and fences with illustrations and notations as to types of
materials and heights.
€ g. A photometric plan showing exterior £xterier lighting readings and a
listing of the exterior lighting devices including manufacturer, type, height,
location and orientation. Footcandle readings are to be shown across the
property and extending beyond property lines.
T eeati,.«e extente maximum height n .«l.er of fgea and total Fleece of a!
h. A table showing total floor areas of all buildings and number, size and
type of dwelling units.
i. Elevations and perspective drawings of the site including all proposed
structures and improvements, indicating architectural style and building materials.
The .7 fawings need not be the result of final aFehiteetuF l desi..« but of sufficient
deta l t ""it a aluation of then ed st",ot1iVe"
j Offer :44a Parking and loading plan which indicates the size, location
and number of on and off-street parking and loading spaces and which shows the
proposed circulation of vehicles and pedestrians within the planned development
and to and from existing or proposed public thoroughfares. Any special
15
engineering features and traffic regulation devices needed to facilitate and ensure
the safety of this circulation pattern, including fire lanes, must be shown.
k. Indication of all proposed uses for all buildings, structures and open areas.
Outside storage and display areas must be indicated if proposed. Description of
any proposed temporary or interim uses of land or existing buildings prior to
development in accordance with the approved final development plan,.
1. A development schedule indicating the approximate date which
rtp otion of the p et n be oxpe.,a.,ed to ^ begin. u dates H
~J.^. u nd a Ynw-.xcn
^••°tn..:^ will be eeffipleted. phasing sequence. If a multiphased project,
indicate times for each phase.
in. The final development plan (and plat) shall be recorded with the Jefferson
County Clerk and Recorder and, therefore, must meet their requirements for
recordation.
3. The following certifications, and approvals, in addition to the required surveyor's
certificate, shall also be placed upon the final development plan (and plat):
OWNER'S CERTIFICATION
The below-signed owner(s), or legally designated agent(s) thereof, do hereby agree that
the property legally described hereon will be developed as a planned development in
accordance with the uses, restrictions and conditions contained in this plan, and as may
otherwise be required by law. I (we) further recognize that the approval of final
development plan does not create a vested property right. Vested property rights may
only arise and accrue pursuant to the provisions of section 26-121 of article I of the
Wheat Ridge Code of Laws.
Signature of Owner(s) or Agent(s)
NOTARY PUBLIC
Subscribed and sworn to before me this day of
Witness my hand and official seal.
My commission expires
NOTARYSEAL
Reeemmended €er a.ppreval this day of by the 1 %eat
COMMUNITY DEVELOPMENT DIRECTOR
CITY COUNCIL CERTIFICATION
Approved this day of by the City of Wheat Ridge
Cit ry r.mic eil
c~-c-vR.
ATTEST:
16
City Clerk
Mayor
CITY SEAL
COUNTY CLERK AND RECORDER'S CERTIFICATE
This document accepted for filing in the office of the County Clerk and Recorder of
Jefferson County at Golden, Colorado, on the day of
AD, in Book , Page , Reception No.
JEFFERSON COUNTY CLERK AND RECORDER
By: Deputy
4. Final development plan review Revieia procedures:
a. Staff review. Upon filing of an application and other required documents, the
community development staff will refer copies of the plans to affected
departments and agencies for review. All comments shall be forwarded to the
applicant so that necessary revisions may be made by the applicant prior to final
approval. h deli... the ....Beat.,n hefaFe the pla b
Dl.,..ni
a
1.
« 11ee«:....
Pl
i
shall liald' n.,l.l i
^
ng
ng e
ann
•
b
h aat to the requiremepAs of section 26 109
.
.
The planning o
1
t
't.
h
'1
a
roval
R
t
d
°
h
ll
r
denial
i
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zppivra
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ic
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o
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stating the r s F.... ,.t;,...
x.wa
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.
eemmiss
Cit
il heeFi
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r U
ecei
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g
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pefi r
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ublle hear n
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it..
il
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s
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`
«t.. of ,.ti..n 26 109(
a. eetineil shall _
d:C.,...ti...... er deny the application
..R.
b. The community development director shall approve a planned
development final development plan based on the following criteria:
1. The proposed final development plan conforms with the
approved outline development plan and incorporates all
recommended changes, modifications and conditions of approval
imposed by City Council.
2. The proposed final development plan is consistent with
the permitted uses on the approved outline development plan.
3. The proposed final development plan meets the
requirements of an FDP.
4. The proposed final development plan complies with all
applicable standards and regulations of Chapter 26 and the
Architectural and Site Design Manual, unless modified through the
outline development plan process.
17
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 if the applicant objects to conditions
of approval imposed by the community development director, the applicant
may appeal the decision to City Council at a public hearing within thirty (30)
days of the decision.
d. Recordation. All approved final 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 staff within sixty (60) days of
couneil!s the community development director's final aetier~ approval. Should
a recordable approved final development plan not be provided to the staff City
within sixty (60) days of eouneil's final action, the community development
staff shall sehed~ ulea public ti , g bef _e eit. eeiineil °.,a eity ratin^a shall
reconsider its previous 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 good cause for not meeting the sixty-day deadline.
- 5. Expiration of final development plan approvals; reapplication.
a. Construction shall commence in accordance with the development schedule
specified on the recorded final development plan.
b. Extension of the development schedule specified on a recorded final
development plan shall require amendment to the final development plan.
c. A new application for substantially the same development application may not
be refiled for one (1) year after denial.
Sec. 26-309. Application of standards.
A. Detailed specifications and standards which should have been set forth on an
approved outline and final development plan, 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 final 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 final
development plan.
C. If the outline and final development plan does 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.
18
D. The owner of any property who or which feels aggrieved by such determination may
appeal the determination pursuant to the provisions of section 26-115.
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 outline development plan. This provision does not apply to
requirements listed under article IV Subdivision Regulations.
i
de
ele
e
t
lan
an amended
tline d
v
l
e
t
la
i
i
d
h
th
,
v
pm
l
tha
t
n
p
,
ou
e
e
opm
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p
n
s requ
re
w
en
e N
he established fnisim
m
NR
d
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,
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ess
n
than the e
u
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amen
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re
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ar
anee
s greate
stablished Fnimmum standafEl.
G. To vary the standards set forth on a eecrded final development
plan, an
amended final development plan is required when the vafianee is less than the establiql4ed-
fflinimufn standard.
Sec. 26-310. Binding upon successors and assigns.
All approved development plans shall be binding upon the owner(s), their successors and
assigns, and shall limit the development to all conditions and limitations established in
such plans, and as may be contained in separately recorded agreements, covenants,
condominium declarations, etc., which were approved by city council as part of a planned
development approval.
Sec. 26-311. Amendments to development plans.
A. The procedures and requirements for amending an approved development plan
(outline or final) shall be the same as prescribed for original approval, except as provided
for under subsection (13) (C) below. All applications for amendment to an outline
development plan must be approved in writing by all 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. All applications for amendment to a final development plan must be approved
in writing by all owners of real property and owners of interest contained within the
parcel or phase of the planned development where the amendment is being requested. 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.
Amendments to the underlying outline development plan are required and will be
processed the same as prescribed for original approval if any one of the following is
proposed:
19
1. Increase in the gross floor area of structures of ever ten n m pereen. beyond
the authorized maximum allowed v4th on the approved outline planned
development plan. but net to exceed an increase of ten ihousand n (10,000) ..,...afe
€eet:
2. Proposed land uses are not permitted on the approved outline
development plan.
3. Increase in density or intensity of use.
4. Decrease in perimeter setbacks.
5. Reduction in required buffer areas.
6. Increase in height of any structures.
C. Final development plan changes.
A final development plan may vary from the approved outline development
plan so long as the thresholds for an outline development plan amendment are
not met as set forth in subsection B above. Variations include, but are not
limited to, re-orienting buildings and parking lots, changes in landscaping
areas, changes in architectural details, changes to interior setbacks and similar
changes that do not affect neighboring properties or the overall character of
the development. At no time can approval of a final 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. Once a final development plan is recorded, any
amendment requested that complies with the limitations of this subsection B
shall be processed in the manner prescribed for original approval.
and their aeeessery uses, fenees, park
ing afea
s, la
ndseapiag and other site ill4preveffl&Hts
ina
be Fmitted as
:
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w
t
'
ainea
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nt" b
the
nity d
l
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w..
.
.
.
.
if sti ~ e4a will not e
us
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f the
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ire
.
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20
Q D. Any changes or revisions e€-a to an outline or final development plan which
are approved, either administratively or by city council action, must be recorded
with the Jefferson County Recorder as amendments to the original recorded
development plan subject to the deadline provisions of section 26-308.D.4.d.
E. Variances
Variances to the strict application of development standards established by
an outline development plan may be requested only for properties within
single- and two-family planned residential developments, following the
applicable administrative or non-administrative variance process as
Pre-Application
Final
Approval
Requested
Staff
Neighborhood
Staff
PC
CC
BOA
URPC
Notes
Planned
Development:
Outline
X
X
H
URA
2 ART
Development Plan
H
III
(ODP)
Planned
Development:
Final
X
URA
ART III
Development Plan
A
(FDP)
Planned
Development:
Outline
x
X
H
URA
2 ART
Development Plan
F1
III
Amendment
Planned
Development:
Final
X
A
#
#
URA
ART III
Development Plan
Amendment
prescribed in Section 26-115.
Section 7. Sections 26-106 (Review Process Chart) is hereby amended as follows:
Sec. 26-106. Review process chart.
21
Section 8. Sections 26-504 and 26-505 are hereby repealed in their entirety.
Section 9. Safety Clause. The City Council hereby finds, determines, and
declares that this ordinance is promulgated under the general police power of the City of
Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and
that this ordinance is necessary for the preservation of health and safety and for the
protection of public convenience and welfare. The City Council further determines that
the ordinance bears a rational relation to the proper legislative object sought to be
attained.
Section 10. Severability: Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise
invalid, the validity of the remaining section, subsections and clauses shall not be
affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 11. Effective Date. This ordinance shall take effect 15 days after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0
on this 23`a day of April , 2007, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge and Public Hearing and consideration on final
passage set for M.y 14 2007, at 7:00 o'clock p.m., in the Council Chambers,
7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final
reading by a vote of _L to _1 this 14thday of May 12007.
SIGNED by the Mayor on this 2 i st day of May 2007
iE Y66 IT L~f LIO, AYOR
ATTEST:
Michael Snow, City Clerk
APPROVED AS TO FORM BY CITY
ATT09NEY
GERALD DAHL, CITY ATTORNEY
22
Ist Publication: April 26, 2007
2nd Publication: May 24, 2007
Wheat Ridge Transcript
Effective Date: June 8, 2007
23
CITY COUNCIL MINUTES: May 14, 2007 Page -3-
Motion by Council Member Gokey to amend Consent Agenda Item B to strike the item
and language for the speed bump at Panorama Park; seconded by Council Member
Womble; failed 2-6; with Council Members Gokey and Womble voting Yes.
Original Motion to approve Consent Agenda Item B carried 7-1 with Council Member
Gokey voting No.
Motion by Council Member Gokey to approve Consent Agenda Item C; seconded by
Council Member Sang; carried 8-0.
Motion by Council Member Sang to approve Consent Agenda Item E; seconded by
Council Member Schulz; carried 8-0.
Motion by Council Member Sang to approve Consent Agenda Item G; seconded by
Council Member Stites; carried 7-1, with Council Member Womble voting No.
Motion by Council Member Berry to approve Consent Agenda Item H; seconded by
Council Members Schulz and Rotola.
Louise Turner spoke in opposition of the additional funding for the Wadsworth Corridor
Subarea study.
Roger Loecher spoke in opposition to the additional funding and recommended
Council and City Management arrange community meetings to discuss the community's
needs and wishes for the Plan.
Substitute Motion by Council Member Schulz to amend the original motion to bring
Consent Agenda Item H to the May 21, 2007 Council Study Session for further
discussion and study before approval; seconded by Council Member Sang; carried 5-3
with Council Members Rotola, Adams and Berry voting No.
Original Motion, as amended, carried 5-3 with Council Members Rotola, Adams and
Berry voting No.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2. COUNCIL BILL 02-2007-AN ORDINANCE AMENDING CHAPTER 26
OF THE CODE OF LAWS CONCERNING THE DEVELOPMENT
REVIEW PROCESS.
Mayor DiTullio opened the public hearing.
Council Bill 02-2007 was introduced on second reading by Council Member Sang, who
read the executive summary. City Clerk Michael Snow assigned Ordinance No. 1383.
CITY COUNCIL MINUTES: May 14, 2007 Page -4-
Mr. White presented the staff report (attached to this packet).
Duane Chesley spoke in support of the proposed amendment and urged Council to
approve it tonight.
Mayor DiTullio called for a recess at 8:40pm; resuming at 8:52.
Mayor DiTullio closed the public hearing.
Motion by Council Member Sang to approve Council Bill 02-2007 (Ordinance 1383) on
second reading and that it take effect 15 days after final publication; seconded by Mrs.
Rotola.
Motion by Council Member Gokey to amend Section 2 of Council Bill 02-2007 such that
the Community Development Director shall notify City Council of the date and location
of all approved administrative variances of greater than 10%; seconded by Council
Member Sang; tied 4-4 with Council Members Stites, Rotola, Adams and Berry voting
No. Motion failed with Mayor DiTullio voting No.
Motion by Council Member Gokey to postpone until after the adoption of the
Architectural Manual; seconded by Council Member Womble; failed 3-5 with Council
Members Womble, Gokey and Sang voting Yes.
Alan White suggested the following amendments to Council Bill 02-2007:
1. Page 4, Paragraph D, [3] to read: Wall The special use will not create adverse
impacts greater than allowed under existing zoning for the property. adversely
2. Page 9, Paragraph C, to read: intended character of the development and must
provide enough information for the review bodies to determine how the property
will be developed.
3. Page 10, Paragraph d, to read: A "to scale" sketch plan showing general
0ndlsatiea of access to the property, areas to be landscaped, parking areas, building
locations, buffering, pedestrian linkages on site and to adjacent sites, and any
other design features such as plazas, courtyards, outdoor seating areas or other
areas of interest. The drawing shall include existing conditions on properties
adjacent to the proposed development, including but not limited to buildings,
easements, landscaping, topography and other improvements.
4. Page 11, Item v, to read: Aerial perspective or "birds'-eye-view" image of the
project showing building location, layout, bulk and height in three dimensions.
CITY COUNCIL MINUTES: May 14, 2007 Page -5-
5. Page 17, Item b1, to read: The proposed final development plan conforms with
the approved outline development plan and incorporates all recommended
changes, modifications and conditions of approval imposed by City Council.
6. Page 18, Item c, to read: 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 if the applicant objects to
conditions of approval imposed by the Community Development Director, the
applicant may appeal the decision to City Council at a public hearing within thirty
(30) days of the decision.
Council Member Sang affirmed her original motion to approve Council Bill 02-2007 and
agreed to the amendments suggested by Alan White; seconded by Mrs. Rotola; carried
7-1 with Council Member Gokey voting No.
Motion by Council Member Stites to adopt, as an Administrative Rule rather than as part
of the Ordinance language, Council Member Gokey's original motion regarding
Community Development Director notification to Council Members of Administrative
Variances of more than 10%; seconded by Council Member Sang; carried 6-2 with
LLL~~~ Council Members Rotola and Adams voting No.
Item 3. COUNCIL BILL 03-2007 -AN ORDINANCE PROVIDING FOR
APPROVAL OF A ZONE CHANGE FROM COMMERCIAL ONE (C-1) TO
PLANNED RESIDENTIAL DEVELOPMENT (PRD) AND FOR APPROVAL
OF AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED
AT LOT 2, CADENCE SUBDIVISION (CASE NO. WZ-06-1 1 /BENTON).
Mayor DiTullio opened the public hearing.
Council Bill 03-2007 was introduced on second reading by Mr. Womble who read the
Executive summary. City Clerk Michael Snow assigned Ordinance No. 1384.
Travis Crane presented the staff report (attached to this packet).
Representing the applicant, Lucy Dinneen of DTF Benton LLC, spoke in favor of the
rezoning and urged the Council to approve. Mrs. Dinneen informed Council that the
property owner would agree to the following amendments to the proposed rezoning:
1. increase the 3-foot setback to 5 feet
2. designate only single-family development in the Plan.
Charles Durbin and John Montoya spoke in opposition to the rezoning.
Mayor DiTullio closed the public hearing.
Mayor called for a recess at 10:02pm, to resume at 10:10pm
2
4
5
6
7
of w„EqT ITEM NO:
m REQUEST FOR CITY COUNCIL ACTION
COORA00
0
COUNCIL MEETING DATE: May 14, 2007
TITLE: COUNCIL BILL 02-2007, AN ORDINANCE AMENDING
CHAPTER 26 OF THE CODE OF LAWS CONCERNING THE
DEVELOPMENT REVIEW PROCESS, CASE NO. ZOA-06-07.
® PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING (Date: April 23, 2007)
❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING
❑ RESOLUTIONS
Quasi-Judicial: ❑
Yes No
Community Development Director City Manager
EXECUTIVE SUMMARY:
One of the major recommendations of the Neighborhood Revitalization Strategy was the streamlining
of the City's development review processes and the creation of experimental zoning to deal with infill
development situations. Attached is the ordinance amending portions of Chapter 26 to accomplish
these objectives.
The major changes proposed are:
The revised Architectural and Site Design Manual has been included in the approval
criteria for each land use process.
2. Approval criteria have been rewritten to clarify requirements and eliminate redundancies.
3. The threshold for administrative variances was raised to 50% from the current 10%.
4. For Planned Developments:
a. Require more detailed Outline Development Plan (ODP) to include conceptual
building layout & architecture, pedestrian links, parking, courtyards, buffering, etc.
b. An alternative process was created to accommodate speculative rezonings;
essentially allowing conceptual plans to show use areas, permitted uses, and
development standards. This alternative process would require an ODP amendment
with public hearings prior to submittal of an ODP.
c. ODP & Final Development Plan (FDP) cannot be submitted concurrently.
d. FDP requires only administrative review.
e. FDPs for single and two family PRDs have been eliminated.
Corresponding changes have been made to the review process chart.
Adoption of this ordinance implements Council's goals of preparing for growth and opportunities and
creating a strong partnership with the community. Planning Commission recommended adoption of
the ordinance with two recommended changes.
COMMISSION/BOARD RECOMMENDATION:
Planning Commission conducted a public hearing on this ordinance on April 19, 2007 and
recommended approval with the following changes:
1. Reduce the administrative variance threshold from 50% to 25%.
Restore Section 26-103 to the original language. (As Section 26-103 appears now in the
Code.) It was felt that allowing a landowner or developer to perform early site work prior to
obtaining land use approvals might give the impression to neighbors and the developer that
subsequent approvals were "a done deal."
There was also considerable discussion about the rezoning criteria being reduced to six, and that four
criteria needed to be met to approve the rezoning. (See page 3 of the ordinance, Criteria for review.)
Of the six criteria, #2 (a change in character has occurred) and #3 (substantial compliance with the
Architectural and Site Design Manual) are mandatory, and at least four of the five criteria under #2
must be found. The current standard is that all criteria must be met. This gives little flexibility to
Council in approving potentially good projects.
There was concern that if either the compatibility criterion or the public health criterion wasn't met,
then it met four of the five criteria and had to be approved. If a rezoning proposal isn't compatible,
it's probably affecting the public health or safety in some manner and isn't consistent with some
Comprehensive Plan policies, so there would be three criteria not met. Many good proposals aren't
consistent with the Future Land Use Map. Under the existing regulations, the proposal would not
meet all criteria for approval. Under the revised criteria, the proposal need not be in conformance with
the Comprehensive Plan if the other criteria were met. This gives more flexibility to Council.
STATEMENT OF THE ISSUES:
Attention was focused on how to address both the building permit and rezoning processes without
adding hundreds of pages to the development code. Our analysis concluded that the key document is
the Streetscape and Architectural Design Manual. It contains site and building design requirements
and guidelines that currently apply to all commercial and industrial zone districts and is used both in
the review of building permits and rezonings. Revisions to the Manual (now referred to as the
Architectural and Site Design Manual) are a companion document to the entire package of "X-
Process" changes.
The changes proposed are intended to streamline development review processes and provide more
administrative (staff) review. This will save developers and landowners considerable time in the
review process and it also relieves review bodies from looking at site details when the focus
should be the larger context. In return for this quicker review, more information and detail is
required of an applicant at the rezoning step. The information required will give the Planning
Commission, City Council, staff, and the neighborhood a much better idea of what is being
proposed and what is being approved.
At the last study session with City Council on this topic, it was suggested that a process to
accommodate speculative rezonings was needed, perhaps retaining the existing process as an
alternative process. A section has been added that allows for speculative rezonings and requires an
amendment to the ODP prior to submittal of an FDP to address architectural elements, building layout
and other items not normally known with speculative rezonings. Staff recommends not including an
entirely separate process, but adding one step to the proposed process. This way Council, staff and
future landowners are not confused about which process was used and what the next step is.
Also at the last study session, the topic of variances in planned developments was discussed, and
revisions have been made to the ordinance. A typical variance is permitted only for single- and
two-family PRDs. An outline development plan amendment, requiring a hearing, is required if
any of the following are proposed:
1. Increase in the gross floor area of structures beyond the authorized maximum allowed
on the approved outline development plan.
2. Proposed land uses are not permitted on the approved outline development plan.
3. Increase in density or intensity of use.
4. Decrease in perimeter setbacks.
5. Reduction in required buffer areas.
6. Increase in height of any structures.
No administrative amendments are possible. If the final development plan does not trigger any of the
changes noted above, the final development plan can vary from the outline development plan so long
as the minimums and maximums on the outline development plan are not exceeded. Re-orientation of
buildings and parking, modifications to landscaping, changes to architectural details, and changes to
interior setbacks would be examples of changes not requiring an outline development plan
amendment, but changes that could be approved as part of a final development plan approval.
Per Council consensus, the Architectural Manual is scheduled for May21 st study session.
The Planning Commission recommendation to decrease the threshold for administrative variances
reduces the amount of flexibility available to a developer or landowner and increases the potential
approval time from a few weeks to possibly six weeks. A majority of the criteria for review (see pages
6 and 7) have to be met with either administrative review or BOA review. Staff recommends keeping
the threshold at 50%.
Section 26-103 currently states that a developer shall not undertake any site work until all land use and
site plan approvals are granted. The current regulation does not provide flexibility to a developer. It is
contradictory to Section 26-623 that allows excavation and filling with City approval, which can
include a special use permit. This is the process we used for Cabela's. It also could be interpreted to
mean that a landowner is not able remove dead trees or other nuisances prior to receiving all final land
use approvals. The revised wording allows these activities to occur provided all the requirements of
Section 26-623 are met. These include receiving approval of a grading plan, drainage plan and erosion
control plan. It also includes posting a bond with the City to address any problems that may arise as a
result of the site work being performed. Many other communities allow this practice. Staff is
recommending that the revised wording remain in the ordinance.
ALTERNATIVES CONSIDERED:
1. An overlay district.
2. Applying the "X-Zone" only to certain uses.
3. Establishing eligibility criteria for a landowner to apply for the "X-Zone."
FINANCIAL IMPACT:
There is no direct financial impact to the City as a result of adopting this ordinance.
"I move to approve Council Bill 02-2007 on second reading, and that it take effect 15 days after
final publication."
Or,
"I move to table indefinitely Council Bill 02-2007, and thereby deny Case No. ZOA 06-07, an
ordinance amending Chapter 26 concerning the development review process."
Report Prepared by: Alan White, Community Development Director
Attachments:
1. Council Bill 02-2007
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 02-2007
Ordinance No.
Series of 2007
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF
THE WHEAT RIDGE CODE OF LAWS
CONCERNING THE DEVELOPMENT REVIEW
PROCESS
WHEREAS, City of Wheat Ridge City Council commissioned a year
long study entitled Repositioning Wheat Ridge, which included several
recommendations concerning revitalization efforts in the City; and
WHEREAS, one of those recommendations was to implement a revised
development review process and adopt standards that achieve the objectives of the
Repositioning Wheat Ridge study; and
WHEREAS, the City Council desires to amend certain sections of the
Zoning and Development Code to encourage revitalization of the City and
implement the development objectives of the Repositioning Wheat Ridge study.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, THAT:
Section 1. Section 26-103 (SitDeveTopnej~t) is hereby amended as follows:
A. All site development within the city, ineluding single `aM4 housing shall be
required to follow the procedures and satisfy the requirements set out below prior to
development. "Site development," as used in this chapter, is a general and inclusive term,
and is defined in section 26-123. The developer is required to attend in person or by
authorized representative, all meetings at which the project is considered, unless
otherwise notified by the plannin community development department. Ne site
de-velepment of prepe 5, may be initiated The use of property may not be substantially
changed, s>st ~ - , nni filling or ~cavat<: <s = may ra~ t woc c..
.°d,
and
buildings or other substantial structures may not be constructed, erected, moved or
substantially altered except in accordance with and pursuant to one (1) or more of the
approvals listed in the review process chart. Clearing, grading, filling or excavation
may be commenced subject to the approvals required in this chapter and pursuant
to section 26-623.
B. All site development must also obtain building and construction permits pursuant to
the uniform codes adopted by the city, and must comply with all other applicable sections
contained within this chapter and chapter 5. All applications for building permits,
ATTACHMENT 1
exclusive of single and two-family dwellings, shall comply with the applicable
standards set forth in the Architectural and Site Design Manual.
C. In addition to the requirements of this chapter, the provisions of section 5. 1.1 of the
Wheat Ridge Home Rule Charter, pertaining to building height and density limitations,
apply.
D. All applications for approval of site development pursuant to this chapter shall be
accompanied by proof of ownership by the applicant of the subject property. Such proof
may take the form of a recorded deed, a title commitment, or a power of attorney from
the owner(s) where an agent acts on their behalf. In the case of application for special use
permits, both the owner of the property and proposed special use must join in the
application.
Section 2. Sections 26-112 (Private Rezoning) C and D are hereby amended as
follows:
C. Application form and review procedure:
1. Prior to submitting any application for a change of zone, the applicant shall be
required to hold a neighborhood input meeting. (See section 26-109A. for
requirements.)
2. Reserved.
3. Applications for change of zone shall be submitted on notarized forms
provided by the department of community development and shall be accompanied
by:
a. Proof of ownership of land (copy of the property deed).
b. A certified boundary and improvement survey, at a scale of not less
than one (1) inch equaling 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
corner).
d. Appropriate fee.
4. All applications shall also be accompanied by written information in sufficient
detail to convey the full intent of the applicant, to justify why a change of zone is
appropriate, and shall include:
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.
g. Any additional materials necessary to adequately review the proposal.
D. Criteria for review. Before change of zene be appreved, the appliea t shall
show, and the eity eatinsil shall fi : The city council shall base its decision in
consideration of the extent to which the applicant demonstrates the following
criteria have been met:
1. That th€ The existing zone classification currently recorded on the official
zoning maps of the City of Wheat Ridge is in error; or
2. That a A change in character in the area has occurred due to installation of
public facilities, other zone changes, new growth trends, deterioration, or
development transitions, and that the evidence supports the finding of at least
four of the following:
a. That the 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; and
b. That the The proposed change of zone is compatible with the
surrounding area and there will be minimal adverse impacts
considering the benefits to be derived; and
c. 'T`"~the4: There will be social, recreational, physical and/or economic
benefits to the community derived by the change of zone; and
d. That Adequate infrastructure/facilities are available to serve
the type of uses allowed by the change of zone, or that the applicant
will upgrade and provide such where they do not exist or are under
capacity; and
e. That the The change of zone will not adversely affect public health,
safety or welfare by creating excessive traffic congestion, creating
drainage problems, or seriously reducing light and air to adjacent
properties; and
f
3. The application is in substantial compliance with the applicable standards
set forth in the Architectural and Site Design Manual.
Section 3. Section 26-114,Use D is hereby amended as follows:
3
D. Criteria for review. u £ re ^ ialuse ea the appliean' shall ^"en. and
The community development director or city council shall base its decision in
consideration of the extent to which the applicant demonstrates the following
criteria have been met:
[1.] Vill The special use will not have a detrimental effect upon the general
health, welfare, safety and convenience of persons residing or working in the
neighborhood. of the proposed
use-
[2.] V44 The special use will not create or contribute to blight in the
neighborhood by virtue of physical or operational characteristics. o^f he proposed
Use.
[3.] VA4 The special use will not adversely affect the adequate light and air, nor
cause significant air, water or noise pollution.
[4.] VA4 The special use will not result in undue traffic congestion or traffic
hazards, or unsafe parking, loading, service or internal traffic conflicts to the
detriment of persons whether on or off the site.
[5.] Will The property be is appropriately designed, including setbacks, heights,
parking, bulk, buffering, screening and landscaping, so as to be in harmony and
compatible with the character of the surrounding areas and neighborhood,
especially with adjacent properties.
[6.] VA1 The special use will not overburden the capacities of the existing
streets, utilities, parks, schools and other public facilities and services.
[7.] listaf- There is a history of compliance by the applicant and/or property
owner with Code requirements and prior conditions, if any, regarding the subject
property.
[8.] Ability of the appli..^nt ar any .milted suouesser in interest to
.."t'"'..'".ol. °"^et fhR o ...liti..n^ Of the PeHRit.
[9.] titl'e'" f eter^ role. ^"t to the s "'f.,. applieati„n
[8.] The application is in substantial compliance with the applicable
standards set forth in the Architectural and Site Design Manual.
Section 4. Section 26-115 (Variances B and C are hereby amended as follows:
B. Application requirements. All requests for a variance, waiver, temporary permit or
interpretation, as described herein, shall be made by the filing of an application, together
with the required fee and supporting documentation.
1. Where a request covered within this subsection is made a part of another
administrative process, then both fees shall be imposed.
2. Documentation required:
a. Copy of the deed for the property.
b. Power of attorney if the applicant is not the owner of the property.
4
c. Property survey if the request involves relationship of structure(s) to lot lines
or lot area.
d. Reasons for filing an appeal or variance request. Requests for variances
must include a brief description of the evidence supporting the conditions
under which a variance can be granted as found in subsection (C) 4 hereof.
e. A "to scale" site plan.
L Architectural elevations for any new structures.
4. g. Posting certification (to be submitted at the hearing to the clerk).
e- h. Other information which the applicant, the director of community
development or the hearing authority determines is necessary in order to
adequately evaluate the application.
C. Variances and waivers:
1. Diner Administrative variances er AA'Bi1 rs (t€rr(10) fifty (50) percent or
less): The director of community development is empowered to decide upon
applications for miner administrative variances ors from the strict
application of any of the "development standards" pertaining to zone districts in
article II and Sections 26-501 (Off-Street Parking) and 26-502 (Landscaping
Requirements), and 26-603 (Fencing) and Article VII (Signage) of this
chapter, which apply throughout the various zone district regulations and in other
situations which may be specifically authorized in the various sections, without
requirement of a public hearing, under the following conditions:
a. The variance or waive does not exceed ton (10) fifty (50) percent of
the minimum or maximum standard; and
b. The director of community development finds that a majority of the
"findings of faet," criteria as set forth in subsection (C) 4 hereof,
are substantially complied with and support the request; and
c. The director of community development has notified adjacent property
owners by letter notice and posting of the site at least ten (10) days prior to
rendering his decision, and that no objections have been received during
such ten-day period. Any objections must be received in writing and be
directly related to concerns regarding the request. General objections
regarding existing land use conditions or issues not related to the request
will not be considered grounds for objection.
d. That no additional dwelling units would result from approval of such
variance or waiver.
e. That the In no instance shall the community development director
hear or grant a variance as to use or as to an activity or development
which is prohibited by this chapter nor shall the limitations of Charter
section 5.10.1 are not be exceeded.
2. Administrative Variance Appeals: A decision by the community
development director to deny an administrative variance or any conditions of
5
approval imposed by the community development director may be appealed
to the Board of Adjustment and shall follow procedures in accordance with
Section 2-61. A written appeal shall be submitted by the applicant to the
community development department within 10 days of such administrative
decision.
2.3. Variances and waivers of more than ton (10) fifty (50) percent: The board of
adjustment is empowered to hold public hearings to hear and decide only upon
appeals for variances ° from the strict application of the development
standards pertaining to zone districts in article II, sections 26-501, 26-503, 26-603
or Article VII of this chapter. Where a variance or- aiver is made a part of
another administrative process, such as a change of zone, subdivision or a formal
site plan or development plan review which requires a public hearing before the
planning commission and/or city council, then the planning commission and/or
city council shall be empowered to decide upon such variance orwaive request
concurrent with such other process; however, in deciding such variance or waiver
the planning commission and/or city council shall be subject to the voting ratio as
applies to the board of adjustment, set forth in Wheat Ridge Code of Laws section
2-53 2-63. In no instance shall the board of adjustment hear or grant a variance as
to use or as to an activity or development which is prohibited by this chapter or by
section 5.10.1 of the Charter.
-3. 4. DE-i^° ^^a findings o"^^' Criteria for review : The
community development director, board of adjustment, planning commission or
city council shall base its decision in consideration of the extent to which the
applicant demonstrates a majority of the following facts criteria faverable to
the applies have been met established by the ° ;a°.'^°:
a. Ca4i the The property in question would not yield a reasonable return in use,
service or income if permitted to be used only under the conditions allowed by
regulation for the district in which it is located?.
b. I€4he The variance meted, would it not alter the essential character of
the locality? .
c. The applicant is proposing a substantial investment in the property with
this application, which would not be possible without the variance.
d. Does the The particular physical surrounding, shape or topographical
condition of the specific property involved results in a particular and unique
hardship (upon the owner) as distinguished from a mere inconvenience if the
strict letter of the regulations were carried out? .
e. Pas the The alleged difficulty or hardship has not been created by any
person presently having an interest in the property?.
6
f `x'^i„ 1 The granting of the variance would not be detrimental to the
public welfare or injurious to other property or improvements in the
neighborhood in which the property is located, by, among other things,
substantially or permanently impairing the appropriate use or
development of adjacent property, impairing the adequate supply of light and
air to adjacent property, substantially increasing the congestion in public streets
or increasing the danger of fire or endangering the public safety, or substantially
diminishing or impairing property values within the neighborhood?.
g. The unusual circumstances or conditions necessitating the variance
request are present in the neighborhood and are not unique to the
property.
h.. if criteria" thre..,.h e are found, the the gFanting the ya
n..14 a benefit o entril....ti to the nei..l.bo -Load or then nit y n
distinguished frem- 4;diyidual h°"^fit an the palt of the appheant wAlild
grating Granting of the variance would result in a reasonable accommodation
of a person with disabilities?.
i. is the The application is in substantial compliance with the applicable
standards set forth in the Architectural and Site Design Manual.
4 5. Expiration: Any variance granted by the board of adjustment or director of
community development shall automatically expire within one hundred eighty
(180) days of the date it was granted, or within such other time as the board of
adjustment or director of community development may prescribe, unless a
building permit for the variance is obtained within such period of time. If the
building permit expires, the variance shall expire at the same time. Extensions of
time may be granted by the community development director for good cause
shown, but only if an application for the extension is made prior to the expiration
of the variance.
Section 5. Section 26-116 (PBj D 3 is hereby amended as follows:
3. Standards for review: The director of community development and/or planning
commission shall have the right to approve, establish necessary conditions and limitations
in approving, or deny an application for a planned building group; provided, that the
following standards shall be applied in such approval, denial or in establishing such
conditions and limitations. In reviewing the planned b ilding nnli^ati^n the
r,llewing shall be ^^n ; °_°a, The community development director or planning
commission shall base its decision in consideration of the extent to which the
applicant demonstrates the following criteria have been met:
a. V Pt„er aro The proposed plan is eArsistent complies with the sped
intent of the zoning and development code and of the eempr°h°n°i..° plan and
flqAt it wA111
is not be contrary to the general welfare of the immediate
neighborhood and economic prosperity of the city. er~he-itedi~ate
:gl.l.erhe "7 and that the plan has been preparod- 4e ^^7':e. e fl`e hePeAt eF
impreved
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n e,v.na4a.le ...:44 aA:ane«4 areas and ...:47, .-,.s«,.n4 4,. 4«n FF.n n..nf..,.l dew i lees;
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g b. The application is in substantial compliance with the applicable
standards set forth in the Architectural and Site Design Manual.
Section 6. Sections 26-308, 26-309, 26-310 and 26-311
are hereby amended as follows:
Sec. 26-308. Application for planned developments.
All applications for approval of a planned development, redevelopment, alteration or
addition shall be filed with the department of community development prior to issuance
of a building permit. In some instances, platting is required and the plat can be processed
concurrently with the final planned development request. Article IV of this chapter
should be consulted for subdivision requirements and procedures.
A. Development plans. There are two (2) distinct steps in establishing a planned
development: an outline development plan and a final development plan. The outline
development plan may be subraitted for eeasider&tien by itself or it may be e~)44;4;ived
with a final developmeni plan. When dhe offlifline deAielapment plan is eembifted with final
plane1 t.1e M\ separate dra-ings are required. The rezoning and outline development
plan step is approved through a public hearing process. Once the zoning and
outline development plan have been approved, the final development plan can be
approved administratively subject to the provisions of Section 26-308 DA. All
informational requirements of the respective plans shall be met.
B. Subdivision/platting. Subdivision or plat review may be carried out simultaneously
with the review of final development plans. All requirements of the subdivision
regulations for a final plat, if applicable, must be satisfied if there are any parcel divisions
created, or if there are any dedications for streets, easements or other public purposes, or
if a previously approved subdivision is amended in any way by the proposed
development. In cases where subdivision is to occur simultaneous with final development
plan review, the applicant shall submit separate sheet(s) in addition to the subject
development plan.
C. Outline development plan. An applicant shall submit an outline development plan
for approval of a change of zone to a Planned Development District. The outline
development plan is the zoning and general concept step. It provides generalized graphic
and written information on layout, uses and intended character of the development and
must provide enough information for the review bodies as to how the property will
be developed.
1. Submittal requirements.
a. Appropriate fee.
b. Evidence of neighborhood meeting Neighbor-hood meeting notice (see
section 26-109).
c. Complete and notarized application. The application must include a
detailed description of the request, responses to the rezoning criteria and
discussion regarding conformance to the design principles in the
Architectural and Site Design Manual
d. Proof of ownership, such as copies of deeds or title commitment.
e. Written authorization from property owner(s) where an agent acts on
behalf of the owner(s). Reset=ved.
L Survey of the property.
g. Mineral rights certification form.
h. The outline development plan as described below.
i. 4, Names, addresses, telephone numbers of architects, surveyors, and
engineers associated with the preparation of the plans.
j. g. 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.
2. Form and content of the 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
9
requirements. The drawings maybe in general sehe atie f sketch site plan format
and shall contain the following minimum information:
a. Ownership/unified control statement. A list of all existing owners of real
property included within the proposed Planned Development District, and a
written statement which describes anticipated future ownership character (i.e.
single ownership, partnership, condominium, etc.), and which indicates proposed
manner of maintaining unified control throughout the planning, development, use,
operation and continued maintenance of the planned development.
b. Character of development. A written description of the general character of
the development and of the objectives to be achieved by the particular
development concept being proposed. This statement shall include, but not be
limited to, the manner in which the proposed development meets or exceeds the
intent of the Planned Development District as stipulated in section 26-301 C.; the
proposed architectural and site design concepts, building materials (type, textures
and colors); specific concepts by which the proposed development will make an
orderly transition from existing adjacent development including buffering,
pedestrian access and specific concepts for the use and landscaping of all public
and private open spaces. It is the intent of this requirement that the applicant
provide a clear, concise statement for the reviewing authorities to better
understand the proposed development concept and upon which their decision
regarding the proposal can be based.
c. The existing topographic character of the land at a contour interval of two (2)
feet if the slope is less than ten (10) percent and five (5) feet if the slope is greater
than ten (10) percent.
d. A "to scale" sketch plan showing general Indio tier of access to the
property, areas to be landscaped, parking areas, building locations, buffering,
pedestrian linkages on site and to adjacent sites, and any other design
features such as plazas, courtyards, outdoor seating areas or other areas of
interest. The drawing shall include existing conditions on properties adjacent
to the proposed development.
e. Property boundaries as per accompanying legal description.
f. Existing and proposed lot lines, easements and rights-of-way on and adjacent
to the site.
g. Adjacent zoning, land use, streets, streams, etc.
h. Location of all existing streets, alleys, easements, drainage areas, irrigation
ditches and laterals within and adjacent to the site.
10
i. Location of all proposed streets, alleys, easements, drainage areas, parks, and
other areas to be reserved or dedicated to public use.
k. j. Any significant vegetation or land use features within or adjacent to the site
which may influence development.
k k. When located within a regulated 100-year floodplain, designation of areas
subject to a 100-year flood shall be provided. Both the floodway and flood fringe
areas shall be shown. Development within 100-year floodplains, including fill or
excavation, is regulated by article VIII.
rrr. 1. Scale (no less than one (1) inch equals one hundred (100) feet) and north
arrow.
rr. m. Small-scale location map as an inset which shows the subject property
centered within a quarter-mile radius.
a n. Proposed name of the planned development.
p: o. A general indication of the expected utilization of the land and a list of uses
to be permitted in the development.
q: p. Legal description (metes and bounds) of total site, including area.
q. Project data for the entire site and including, by phase, maximum building
area and percent, paved area and percent, landscape area and percent, number of
lots, minimum lot sizes and dimensions, net density, gross density, etc.
r. Development time schedule by phase
t s. Required certifications.
t. Proposed development standards including setbacks from perimeter
property lines, building height, building coverage, building separation, and
landscaping.
u. Proposed standards for parking, architectural design, landscaping,
signage, lighting and fencing.
v. Perspective or "birds'-eye-view" image of the project.
w. Architectural elevations showing approximate building height and
proposed architectural materials. The drawings should be of sufficient detail
11
to illustrate the massing, height and general character of the proposed
structures.
3. The outline development plan shall be recorded with the Jefferson County Clerk and
Recorder and, therefore, must meet their requirements for recordation.
4. The following certifications, in addition to the required surveyor's certificate, shall
also be placed upon the outline development plan:
OWNER'S CERTIFICATION
The below-signed owner(s), or legally designated agent(s) thereof, do hereby agree that
the property legally described hereon will be developed as a planned development in
accordance with the uses, restrictions and conditions contained in this plan, and as may
otherwise be required by law. I (we) further recognize that the approval of rezoning to
Planned Development, and approval of this outline development plan, does not create a
vested property right. Vested property rights may only arise and accrue pursuant to the
provisions of section 26-121 of the Wheat Ridge Code of Laws.
Signature of Owner(s) or Agent(s)
NOTARY PUBLIC
Subscribed and sworn to before me this day of
Witness my hand and official seal
My commission expires
NOTARY SEAL
PLANNING COMMISSION CERTIFICATION
Recommended for approval this day of by the Wheat
Ridge Planning Commission.
Chairperson
COMMUNITY DEVELOPMENT DIRECTOR
CITY COUNCIL CERTIFICATION
Approved this day of by the Wheat Ridge City
Council.
ATTEST:
City Clerk
Mayor
CITY SEAL
COUNTY CLERK AND RECORDERS CERTIFICATE
12
This document accepted for filing in the office of the County Clerk and Recorder of
Jefferson County at Golden, Colorado, on the day of
AD, in Book , Page , Reception No.
JEFFERSON COUNTY CLERK AND RECORDER
By:
Deputy
5. Outline development plan review Review procedures:
a. Staff review: Upon filing of an application and other required documents,
community development staff will refer copies of the plans to affected
departments and agencies for review. All comments shall be forwarded to the
applicant so that necessary revisions may be made by the applicant prior to
scheduling the application before planning commission.
b. Planning commission hearing. The planning commission shall hold a public
hearing pursuant to the public notice requirements of section 26-109. The
planning commission shall recommend approval, approval with modifications or
denial of the outline development plan, stating the reasons for its
recommendation. The recommendation shall be forwarded to city council.
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.
6. Optional Process: Conceptual outline development plan. In those instances when
an applicant wishes to rezone a specific property, but does not have a specific
development plan in mind, a more conceptual outline development plan can be
submitted. This conceptual development plan shall serve to only address allowed
uses and development standards for the property, and must contain all items listed
in subsection 2a through 2u of this chapter. The conceptual outline development
plan will be processed consistent with subsections 5 and 6 of this chapter. A note
shall be added to any conceptual 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 non-administrative amendment to this outline
development plan must be submitted and approved by the City of Wheat Ridge
prior to the submittal of a final development plan and any subsequent site
development "
A final development plan may not be submitted for any property for which a
conceptual outline development plan has been approved. A non-administrative
amendment to the outline development plan must be submitted which addresses all
aspects of subsection C2 of this chapter and shall be reviewed and processed
consistent with the requirements of this chapter. At such time that an amended
13
outline development plan has been approved, a final development plan may be
submitted and reviewed in accordance with subsection D of this chapter.
67. Recordation. 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.
8. An outline development plan accompanies a zone change request. Approval of a
final development plan is required prior to the issuance of a building permit for any
site development, except for single and two family planned residential developments
exempted by Section 26-308 D. Applications for final development plan and plat
approval MAY NOT be submitted concurrently with the outline development plan
applications
D. Final development plan. The final development plan provides the final engineering
and site design details for final approval of one (1) or more phases of development
approved through a planned development process. The final development plan
application and building permit application may be submitted concurrently.
Planned residential developments, or portions thereof, comprised exclusively of
detached single or two family dwellings are not required to complete a final
development plan process.
1. Submittal requirements:
a. Appropriate fee.
a b. Complete and notarized application.
b. c. Proof of ownership, such as copies of deeds or title commitment.
E d. Power y Written authorization from property owner(s) where
an agent acts on behalf of the owner(s). mod-
e. Survey of property.
f. Mineral rights certification form.
g. Final development plan. (see 2. below)
d- h. Names, addresses and telephone numbers of architects and engineers
associated with preparation of the plans and plat.
c- i. Copies of proposed agreements, provisions, covenants, condominium
declarations, etc., which govern the use, maintenance and continued protection of
the planned development and any of its common areas and facilities, and which
will guarantee unified control.
j. Additional information may be required, including, but not limited to,
geological stability report, traffic impact report, civil engineering plans,
floodplain impact report or general environmental impact report.
14
2. Form and content of the final development plan. The final development plan (shall
be consistent with the approved outline development plan. The final development plan
shall be drawn at a scale of no less than one (1) inch to one hundred (100) feet and
contain the following:
a. Legal description of the entire planned development, and if the final
development plan is for only a portion of the site, a legal description of that
portion of the site included within the final development plan.
b. A site plan showing proposed grading, structure footprints, roads, on
and off-street parking, pedestrian areas (plazas, sidewalks and paths),
easements/rights-of-way, site drainage and retention. The drawing shall
include conditions on properties adjacent to the proposed development in
sufficient detail to illustrate continuity and compatibility of site elements.
c. Location, extent, type and surfacing materials or all proposed walks, paved
areas, trng and other areas not covered by buildings or structures.
E d. Location, size, type, height and orientation of all signs.
d: e. A schematic landscape plan whi es showing location, type, and
size dquantities of all existing (to remain) and proposed plant material and
other landscape features and materials. Common and botanical names of all plant
materials shall be indicated. Location Areas and type of irrigation system shall
be indicated.
e. L Lee atione extent, types of materials aiid height of all . a4k R41d F • ^e^
Elevations of walls and fences with illustrations and notations as to types of
materials and heights.
f- g. A photometric plan showing exterior I xterier lighting readings and a
listing of the exterior lighting devices including manufacturer, type, height,
location and orientation. Footcandle readings are to be shown across the
property and extending beyond property lines.
T . eati..« e.,te.4m he;..1,4 « ffiber of fleorq a4id total flee" e of all
buildings and stnde4~Hres.
h. A table showing total floor areas of all buildings and number, size and
type of dwelling units.
i. Elevations and perspective drawings of the site including all proposed
structures and improvements, indicating architectural style and building materials.
detail to pen:R4 eva-liiptiRn of the proposed stizuetuf es.
Off street fkin,. parking and loading plan which indicates the size, location
J• ins
and number of on and off-street parking and loading spaces and which shows the
proposed circulation of vehicles and pedestrians within the planned development
and to and from existing or proposed public thoroughfares. Any special
engineering features and traffic regulation devices needed to facilitate and ensure
the safety of this circulation pattern, including fire lanes, must be shown,
k. Indication of all proposed uses for all buildings, structures and open areas.
Outside storage and display areas must be indicated if proposed. Description of
15
any proposed temporary or interim uses of land or existing buildings prior to
development in accordance with the approved final development plan;.
1. A development schedule indicating the approximate date on lvhieh
constmetion of the prejeet ean be expected to begiii and approximate Elates when
.4,nt4q4nt;,.., ..an be completed. phasing sequence. If a multiphased project,
indicate times for each phase.
in. The final development plan (and plat) shall be recorded with the Jefferson
County Clerk and Recorder and, therefore, must meet their requirements for
recordation.
3. The following certifications, and approvals, in addition to the required surveyor's
certificate, shall also be placed upon the final development plan (and jqla4):
OWNER'S CERTIFICATION
The below-signed owner(s), or legally designated agent(s) thereof, do hereby agree that
the property legally described hereon will be developed as a planned development in
accordance with the uses, restrictions and conditions contained in this plan, and as may
otherwise be required by law. I (we) further recognize that the approval of final
development plan does not create a vested property right. Vested property rights may
only arise and accrue pursuant to the provisions of section 26-121 of article I of the
Wheat Ridge Code of Laws.
Signature of Owner(s) or Agent(s)
NOTARY PUBLIC
Subscribed and sworn to before me this day of ,
Witness my hand and official seal.
My commission expires
NOTARY SEAL
DI AI41Prr!"/IT MIS SIONGR4TIRIGATION
ncconmzL efvr appreval this day-o of by the A410at
Ridge Planning Commission.
CChairperson
COMMUNITY DEVELOPMENT DIRECTOR
CITY COUNCIL CERTIFICATION
Approved this day of by the City of Wheat Ridge
r;~yGoun,uil.
ATTEST:
City Clerk
Mayor
16
CITY SEAL
COUNTY CLERK AND RECORDER'S CERTIFICATE
This document accepted for filing in the office of the County Clerk and Recorder of
Jefferson County at Golden, Colorado, on the day of
AD, in Book , Page , Reception No.
JEFFERSON COUNTY CLERK AND RECORDER
By: Deputy
4. Final development plan review peWell+procedures:
a. Staff review. Upon filing of an application and other required documents, the
community development staff will refer copies of the plans to affected
departments and agencies for review. All comments shall be forwarded to the
applicant so that necessary revisions may be made by the applicant prior to final
approval. "l'ed ling the applieatie.. bef re tl e planning
ly Planning n hearing. Din.,...ing C shall hold a p
'
hearing .ant to the requirements of seeti.... 26 111(1The pla.,..in
1. ll d to rP.~ 'ay. pOC[ZL~G '1 approval, l . 7R..«, di f4GntiepCL.T.';j or C[A
~T1'L~- n .RiCIciriua
stating the reasons for- aetion.
11p,.
pt
f the play
in
C
G t.
rin
il he
i
o 's
n r
o
n
g
a
g
s.
ee
ane
bli
hearin
pur
e...l„ti..n City n
h
ll h
ld n p
nt to tl1e
u
c
g
s
a
o
_ entn ..C Seetien 26 109 city e eil shall n
e' app
,.di fiP.tie..., or deny the application
v:tl.
reve
b. The community development director shall approve a planned
development final development plan based on the following criteria:
1. The proposed final development plan conforms with the
approved outline development plan and incorporates all
recommended changes, modifications and conditions approved by the
outline development plan.
2. The proposed final development plan is consistent with
the permitted uses on the approved outline development plan.
3. The proposed final development plan meets the
requirements of an FDP.
4. The proposed final development plan complies with all
applicable standards and regulations of Chapter 26 and the
Architectural and Site Design Manual, unless modified through the
outline development plan process.
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 if the applicant objects to conditions
17
of approval imposed by the community development director, the applicant
may appeal the decision to district court within thirty (30) days of the
decision.
d. Recordation. All approved final 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 staff within sixty (60) days of
eR44410 W9 the community development director's final action approval. Should
a recordable approved final development plan not be provided to the staff City
within sixty (60) days of eezneiVTfinal action, the community development
staff shall s^h°adle apublie hearing before eit.. , eil and eit eaffneil shall
reconsider its previous 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 good cause for not meeting the sixty-day deadline.
5. Expiration of final development plan approvals; reapplication.
a. Construction shall commence in accordance with the development schedule
specified on the recorded final development plan.
b. Extension of the development schedule specified on a recorded final
development plan shall require amendment to the final development plan.
c. A new application for substantially the same development application may not
be refiled for one (1) year after denial.
Sec. 26-309. Application of standards.
A. Detailed specifications and standards which should have been set forth on an
approved outline and final development plan, 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 final 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 final
development plan.
C. If the outline and final development plan does 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 determination pursuant to the provisions of section 26-115.
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
18
standards on the recorded outline development plan. This provision does not apply to
requirements listed under article IV Subdivision Regulations.
F
T
d
l
established on a reed«,7,.`1 'x..41:4,0
.."4 st
d
rd
i
f
th
i
o
eye
opm
an
a
s
n
mum
rom
e m
Elevelepfn
t
l
h
eFA plan, amended ,.,Aline level .pmen4 plan : fed when the `aria"". is
iiired if the varianee is
reater
d
nt is re
h
t
bli
h
d
i
i
N
ess t
an
44. f1 hp,
g
e amen
me
q
e es
a
s
e
m
n
mum.
i 1, a standard-.
9. TE) vary f 1. standards et f ..4h en a rded final .lo elaYffi plan, ..4 -A 4-44-Ma d 01"elOp In Offt plaR is required ;"on the vafiaftee is less than the
~atin .
Sec. 26-310. Binding upon successors and assigns.
All approved development plans shall be binding upon the owner(s), their successors and
assigns, and shall limit the development to all conditions and limitations established in
such plans, and as may be contained in separately recorded agreements, covenants,
condominium declarations, etc., which were approved by city council as part of a planned
development approval.
Sec. 26-311. Amendments to development plans.
A. The procedures and requirements for amending an approved development plan
(outline or final) shall be the same as prescribed for original approval, except as provided
for under subsection (B) (C) below. All applications for amendment to an outline
development plan must be approved in writing by all 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. All applications for amendment to a final development plan must be approved
in writing by all owners of real property and owners of interest contained within the
parcel or phase of the planned development where the amendment is being requested. 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.
Amendments to the underlying outline development plan are required and will be
processed the same as prescribed for original approval if any one of the following is
proposed:
1. Increase in the gross floor area of structures of ever ton (0) pereen4 beyond
the authorized maximum allowed with on the approved outline pled
development plan. exceed but not to of t thousand n (10,000) squar
an ine+ease f€€t:
2. Proposed land uses are not permitted on the approved outline
development plan.
19
3. Increase in density or intensity of use.
4. Decrease in perimeter setbacks.
5. Reduction in required buffer areas.
6. Increase in height of any structures.
B-. C. Final development plan changes.
A final development plan may vary from the approved outline development
plan so long as the thresholds for an outline development plan amendment are
not met as set forth in subsection B above. Variations include, but are not
limited to, re-orienting buildings and parking lots, changes in landscaping
areas, changes in architectural details, changes to interior setbacks and similar
changes that do not affect neighboring properties or the overall character of
the development. At no time can approval of a final 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. Once a final development plan is recorded, any
amendment requested that complies with the limitations of this subsection B
shall be processed in the manner prescribed for original approval.
B
d
h
i
f
it
th
ef
re
H
iine
es in the laeations of struetffes
r chan
ase
upon s
o
w
ng o
neee
ss
y
er
o
,
g
A-4qd- dlPiV aGPP';';
GrY Uses, fffi
ees, par4ing area
s, la
ndseaping and other site improvements
b
itt
d "
d
r.
i
t
ti
i
.lrr.
d.. cl° nt
nt" b
the eammunit
e perm
may
e
a
m
as an
n
s
ra
ve
y
y
1. Change in the e-har-aeter ef the development.
2. TneYease in the intens:t., i°« density) e fuse
Z !noroase of the problems of eire••lati,... safety a4idutilities.
4. T4;P,4:PaqP, of the extema4 effects on the adjaeen+ properties.
G T4;e4:PaqP, in maximum building height
d
th
roved fi
t
d
7
R
"
ti
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l
t
nal devele
meR4
!
an
e app
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an
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'tiLCi11-rcGTlvlr-Rpc0-m7C-c[l. e. vuuv
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a as bu ff
D
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- ..arils °stahl;sl'
»T, ....e....,
are .may».
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Percent.
y
D. Any changes or revisions of-a to an outline or final development plan which
are approved, either administratively or by city council action, must be recorded
20
with the Jefferson County Recorder as amendments to the original recorded
development plan subject to the deadline provisions of section 26-308.D.4.d.
E. Variances
Variances to the strict application of development standards established by
an outline development plan may be requested only for properties within
single- and two-family planned residential developments, following the
applicable administrative or non-administrative variance process as
prescribed in Section 26-115.
Section 7. Sections 26-106 (Review Process Chart) is hereby amended as follows:
Sec. 26-106. Review process chart.
Pre-Application
Final
Approval
Requested
Staff
Neighborhood
Staff
PC
CC
BOA
URPC
Notes
Planned
Development:
2 ART
Outline
x
X
H
URA
Development Plan
H
Ill
(ODP)
Planned
Development:
Final
X
URA
ART III
Development Plan
A
M_
H_
(FDP)
Planned
Development:
ART
Outline
x
X
H
H
URA
III
Development Plan
Amendment
Planned
Development:
Final
X
A
61-
41-
URA
ART III
Development Plan
Amendment
Section S. Sections 26-504 and 26-505 are hereby repealed in their entirety.
Section 9. Safety Clause. The City Council hereby finds, determines, and
declares that this ordinance is promulgated under the general police power of the City of
Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and
21
that this ordinance is necessary for the preservation of health and safety and for the
protection of public convenience and welfare. The City Council further determines that
the ordinance bears a rational relation to the proper legislative object sought to be
attained.
Section 10. Severability; Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise
invalid, the validity of the remaining section, subsections and clauses shall not be
affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 11. Effective Date. This ordinance shall take effect 15 days after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0
on this 23`d day of April , 2007, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge and Public Hearing and consideration on final
passage set for , 2007, at 7:00 o'clock p.m., in the Council Chambers,
7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final
reading by a vote of to , this day of 12007.
SIGNED by the Mayor on this day of 12007
JERRY DITULLIO, MAYOR
ATTEST:
Michael Snow, City Clerk
APPROVED AS TO FORM BY CITY
ATTORNEY
GERALD DAHL, CITY ATTORNEY
1 st Publication:
2nd Publication:
Wheat Ridge Transcript
Effective Date:
22
of WHEgT ITEM NO:
~ Pm
oRA~ REQUEST FOR CITY COUNCIL ACTION
G~ i°fN
COUNCIL MEETING DATE: April 23, 2007
TITLE: COUNCIL BILL 02-2007, AN ORDINANCE AMENDING
CHAPTER 26 OF THE CODE OF LAWS CONCERNING THE
DEVELOPMENT REVIEW PROCESS
❑ PUBLIC HEARING ® ORDINANCES FOR 1 ST READING (Date: April 23, 2007)
❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING
❑ RESOLUTIONS
Quasi-Judicial: ❑
Yes No
14 4/IzeL
Community Development Director City Manager
EXECUTIVE SUMMARY:
One of the major recommendations of the Neighborhood Revitalization Strategy was the streamlining
of the City's development review processes and the creation of experimental zoning to deal with infill
development situations. Attached is the ordinance amending portions of Chapter 26 to accomplish
these objectives.
The major changes proposed are:
1. The revised Architectural and Site Design Manual has been included in the approval
criteria for each land use process.
2. Approval criteria have been rewritten to clarify requirements and eliminate redundancies.
3. The threshold for administrative variances was raised to 50% from the current 10%.
4. For Planned Developments:
a. Require more detailed Outline Development Plan (ODP) to include conceptual
building layout & architecture, pedestrian links, parking, courtyards, buffering, etc.
b. ODP & Final Development Plan (FDP) cannot be submitted concurrently.
c. FDP requires only administrative review.
d. FDPs for single and two family PRDs have been eliminated.
Corresponding changes have been made to the review process chart.
Adoption of this ordinance implements Council's goals of preparing for growth and opportunities and
creating a strong partnership with the community.
COMMISSION/BOARD RECOMMENDATION:
The Planning Commission hearing for this ordinance is scheduled for April 19, 2007. Their
recommendation will be forwarded to Council on second reading.
STATEMENT OF THE ISSUES:
Attention was focused on how to address both the building permit and rezoning processes without
adding hundreds of pages to the development code. Our analysis concluded that the key document is
the Streetscape and Architectural Design Manual. It contains site and building design requirements
and guidelines that currently apply to all commercial and industrial zone districts and is used both in
the review of building permits and rezonings. Revisions to the Manual (now referred to as the
Architectural and Site Design Manual) are a companion document to the entire package of "X-
Process" changes.
The changes proposed are intended to streamline development review processes and provide more
administrative (staff) review. This will save developers and landowners considerable time in the
review process and it also relieves review bodies from looking at site details when the focus
should be the larger context. In return for this quicker review, more information and detail is
required of an applicant at the rezoning step. The information required will give the Planning
Commission, City Council, staff, and the neighborhood a much better idea of what is being
proposed and what is being approved.
At the last study session with City Council on this topic, it was suggested that a process to
accommodate speculative rezonings was needed, perhaps retaining the existing process as an
alternative process. A section has been added that allows for speculative rezonings and requires an
amendment to the ODP prior to submittal of an FDP to address architectural elements, building layout
and other items not normally known with speculative rezonings. Staff recommends not including an
entirely separate process, but adding one step to the proposed process. This way Council, staff and
future landowners are not confused about which process was used and what is the next step.
Per Council consensus, the Architectural Manual is being scheduled for a study session in May.
ALTERNATIVES CONSIDERED:
1. An overlay district.
2. Applying the "X-Zone" only to certain uses.
3. Establishing eligibility criteria for a landowner to apply for the "X-Zone."
FINANCIAL IMPACT:
There is no direct financial impact to the City as a result of adopting this ordinance.
RECOMMENDED MOTION:
"I move to approve Council Bill 02-2007 on first reading, order it published, public hearing set for
Monday, May 14, 2007 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after
final publication."
Report Prepared by: Alan White
Reviewed by:
Attachments:
1. Council Bill 02-2007
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 02-2007
Ordinance No.
Series of 2007
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF
THE WHEAT RIDGE CODE OF LAWS
CONCERNING THE DEVELOPMENT REVIEW
PROCESS
WHEREAS, City of Wheat Ridge City Council commissioned a year
long study entitled Repositioning Wheat Ridge, which included several
recommendations concerning revitalization efforts in the City; and
WHEREAS, one of those recommendations was to implement a revised
development review process and adopt standards that achieve the objectives of the
Repositioning Wheat Ridge study; and
WHEREAS, the City Council desires to amend certain sections of the
Zoning and Development Code to encourage revitalization of the City and
implement the development objectives of the Repositioning Wheat Ridge study.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, THAT:
Section 1. Section 26-103 (Site Development) is hereby amended as follows:
A. All site development within the city shall be required to follow the procedures and
satisfy the requirements set out below prior to development. "Site development," as used
in this chapter, is a general and inclusive term, and is defined in section 26-123. The
developer is required to attend in person or by authorized representative, all meetings at
which the project is considered, unless otherwise notified by the community development
department. The use of property may not be substantially changed, and buildings or other
substantial structures may not be constructed, erected, moved or substantially altered
except in accordance with and pursuant to one (1) or more of the approvals listed in the
review process chart. Clearing, grading, filling or excavation may be commenced subject
to the approvals required in this chapter and pursuant to section 26-623.
B. All site development must also obtain building and construction permits pursuant to
the uniform codes adopted by the city, and must comply with all other applicable sections
contained within this chapter and chapter 5. All applications for building permits,
exclusive of single and two-family dwellings, shall comply with the applicable standards
set forth in the Architectural and Site Design Manual.
ATTACHMENT 1
C. In addition to the requirements of this chapter, the provisions of section 5. 1.1 of the
Wheat Ridge Home Rule Charter, pertaining to building height and density limitations,
apply.
D. All applications for approval of site development pursuant to this chapter shall be
accompanied by proof of ownership by the applicant of the subject property. Such proof
may take the form of a recorded deed, a title commitment, or a power of attorney from
the owner(s) where an agent acts on their behalf. In the case of application for special use
permits, both the owner of the property and proposed special use must join in the
application.
Q., i ate Rezoning) C and D are hereby amended as
Section 2. Sections 26-112
follows:
C. Application form and review procedure:
1. Prior to submitting any application for a change of zone, the applicant shall be
required to hold a neighborhood input meeting. (See section 26-109A. for
requirements.)
2. Reserved.
3. Applications for change of zone shall be submitted on notarized forms
provided by the department of community development and shall be accompanied
by:
a. Proof of ownership of land (copy of the property deed).
b. A certified boundary and improvement survey, at a scale of not less
than one (1) inch equaling 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
corner).
d. Appropriate fee.
4. All applications shall also be accompanied by written information in sufficient
detail to convey the full intent of the applicant, to justify why a change of zone is
appropriate, and shall include:
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.
g. Any additional materials necessary to adequately review the proposal.
D. Criteria,for review. The city council shall base its decision in consideration of the
extent to which the applicant demonstrates the following criteria have been met:
1. The existing zone classification currently recorded on the official zoning maps
of the City of Wheat Ridge is in error; or
2. A change in character in the area has occurred due to installation of public
facilities, other zone changes, new growth trends, deterioration, or development
transitions, and that the evidence supports the finding of at least four of the
following:
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 proposed change of zone is compatible with the surrounding area
and there will be minimal adverse impacts considering the benefits to
be derived;
c. There will be social, recreational, physical and/or economic benefits to
the community derived by the change of zone;
d. Adequate infrastructure/facilities are available to serve the type of uses
allowed by the change of zone, or that the applicant will upgrade and
provide such where they do not exist or are under capacity;
e. The change of zone will not adversely affect public health, safety or
welfare by creating excessive traffic congestion, creating drainage
problems, or seriously reducing light and air to adjacent properties;
3. The application is in substantial compliance with the applicable standards set
forth in the Architectural and Site Design Manual.
Section 3. Section 26-114 (Special Use) D is hereby amended as follows:
D. Criteria for review. The community development director or city council shall base
its decision in consideration of the extent to which the applicant demonstrates the
following criteria have been met:
[1.] The special use will not have a detrimental effect upon the general health,
welfare, safety and convenience of persons residing or working in the
neighborhood.
[2] The special use will not create or contribute to blight in the neighborhood by
virtue of physical or operational characteristics.
[3] The special use will not adversely affect the adequate light and air, nor cause
significant air, water or noise pollution.
[4.] The special use will not result in undue traffic congestion or traffic hazards,
or unsafe parking, loading, service or internal traffic conflicts to the detriment of
persons whether on or off the site.
[5.] The property is appropriately designed, including setbacks, heights, parking,
bulk, buffering, screening and landscaping, so as to be in harmony and compatible
with the character of the surrounding areas and neighborhood, especially with
adjacent properties.
[6.] The special use will not overburden the capacities of the existing streets,
utilities, parks, schools and other public facilities and services.
[7.] There is a history of compliance by the applicant and/or property owner with
Code requirements and prior conditions, if any, regarding the subject property.
[8.] The application is in substantial compliance with the applicable standards set
forth in the Architectural and Site Design Manual.
Section 4. Section 26-115 (Variances) B and C are hereby amended as follows:
B. Application requirements. All requests for a variance, waiver, temporary permit or
interpretation, as described herein, shall be made by the filing of an application, together
with the required fee and supporting documentation.
1. Where a request covered within this subsection is made a part of another
administrative process, then both fees shall be imposed.
2. Documentation required:
a. Copy of the deed for the property.
b. Power of attorney if the applicant is not the owner of the property.
c. Property survey if the request involves relationship of structure(s) to lot lines
or lot area.
d. Reasons for filing an appeal or variance request. Requests for variances must
include a brief description of the evidence supporting the conditions under which
a variance can be granted as found in subsection (C) 4 hereof
e. A "to scale" site plan.
f. Architectural elevations for any new structures.
g. Posting certification (to be submitted at the hearing to the clerk).
h. Other information which the applicant, the director of community
development or the hearing authority determines is necessary in order to
adequately evaluate the application.
C. Variances and waivers:
1. Administrative variances fifty (50) percent or less): The director of
community development is empowered to decide upon applications for
administrative variances from the strict application of any of the "development
4
standards" pertaining to zone districts in article II and Sections 26-501 (Off-Street
Parking) and 26-502 (Landscaping Requirements), and 26-603 (Fencing) and
Article VII (Signage) of this chapter, which apply throughout the various zone
district regulations and in other situations which may be specifically authorized in
the various sections, without requirement of a public hearing, under the following
conditions:
a. The variance does not exceed fifty (50) percent of the minimum or
maximum standard; and
b. The director of community development finds that a majority of the
criteria as set forth in subsection (C) 4 hereof, are substantially complied
with and support the request; and
c. The director of community development has notified adjacent property
owners by letter notice and posting of the site at least ten (10) days prior to
rendering his decision, and that no objections have been received during
such ten-day period. Any objections must be received in writing and be
directly related to concerns regarding the request. General objections
regarding existing land use conditions or issues not related to the request
will not be considered grounds for objection.
d. That no additional dwelling units would result from approval of such
variance or waiver.
e. In no instance shall the community development director hear or grant
a variance as to use or as to an activity or development which is prohibited
by this chapter nor shall the limitations of Charter section 5.10.1 be
exceeded.
2. Administrative Variance Appeals: A decision by the director of community
development to deny an administrative variance may be appealed to the Board of
Adjustment and shall follow procedures in accordance with Section 2-61. A
written appeal shall be submitted by the applicant to the community development
department within 10 days of such administrative denial.
3. Variances of more than fifty (50) percent: The board of adjustment is
empowered to hold public hearings to hear and decide only upon appeals for
variances from the strict application of the development standards pertaining to
zone districts in article II, sections 26-501, 26-503, 26-603 or Article VII of this
chapter. Where a variance is made a part of another administrative process, such
as a change of zone, subdivision or a formal site plan or development plan review
which requires a public hearing before the planning commission and/or city
council, then the planning commission and/or city council shall be empowered to
decide upon such variance request concurrent with such other process; however,
in deciding such variance or waiver the planning commission and/or city council
shall be subject to the voting ratio as applies to the board of adjustment, set forth
in Wheat Ridge Code of Laws section 2-53. In no instance shall the board of
adjustment hear or grant a variance as to use or as to an activity or development
which is prohibited by this chapter or by section 5. 10.1 of the Charter.
5
4. Criteria for review : The director of community development, board of
adjustment, planning commission or city council shall base its decision in
consideration of the extent to which the applicant demonstrates a majority of the
following criteria, have been met:
a. The property in question would not yield a reasonable return in use, service or
income if permitted to be used only under the conditions allowed by regulation
for the district in which it is located.
b. The variance would not alter the essential character of the locality.
c. The applicant is proposing a substantial investment in the property with this
application, which would not be possible without the variance.
d. The particular physical surrounding, shape or topographical condition of the
specific property involved results in a particular and unique hardship (upon the
owner) as distinguished from a mere inconvenience if the strict letter of the
regulations were carried out.
e. The alleged difficulty or hardship has not been created by any person
presently having an interest in the property.
f The granting of the variance would not be detrimental to the public welfare
or injurious to other property or improvements in the neighborhood in which the
property is located, by, among other things, substantially or permanently
impairing the appropriate use or development of adjacent property, impairing
the adequate supply of light and air to adjacent property, substantially
increasing the congestion in public streets or increasing the danger of fire or
endangering the public safety, or substantially diminishing or impairing
property values within the neighborhood.
g. The unusual circumstances or conditions necessitating the variance request
are present in the neighborhood and are not unique to the property.
h.. Granting of the variance would result in a reasonable accommodation of a
person with disabilities.
i. The application is in substantial compliance with the applicable standards set
forth in the Architectural and Site Design Manual.
5. Expiration: Any variance granted by the board of adjustment or director of
community development shall automatically expire within one hundred eighty
(180) days of the date it was granted, or within such other time as the board of
adjustment or director of community development may prescribe, unless a
building permit for the variance is obtained within such period of time. If the
building permit expires, the variance shall expire at the same time. Extensions of
6
time may be granted by the community development director for good cause
shown, but only if an application for the extension is made prior to the expiration
of the variance.
Section 5. Section 26-116 (PBG) D 3 is hereby amended as follows:
3. Standards for review: The director of community development and/or planning
commission shall have the right to approve, establish necessary conditions and limitations
in approving, or deny an application for a planned building group; provided, that the
following standards shall be applied in such approval, denial or in establishing such
conditions and limitations. The community development director or planning commission
shall base its decision in consideration of the extent to which the applicant demonstrates
the following criteria have been met:
a. The proposed plan complies with the zoning and development code and is not
contrary to the general welfare of the immediate neighborhood and economic
prosperity of the city.
b. The application is in substantial compliance with the applicable standards set
forth in the Architectural and Site Design Manual.
Section 6. Sections 26-308, 26-309, 26-310 and 26-311 (Plaxined Deu.'alop3nent
are hereby amended as follows:
Sec. 26-308. Application for planned developments.
All applications for approval of a planned development, redevelopment, alteration or
addition shall be filed with the department of community development prior to issuance
of a building permit. In some instances, platting is required and the plat can be processed
concurrently with the final planned development request. Article IV of this chapter
should be consulted for subdivision requirements and procedures.
A. Development plans. There are two (2) distinct steps in establishing a planned
development: an outline development plan and a final development plan. The rezoning
and outline development plan step is approved through a public hearing process. Once
the zoning and outline development plan have been approved, the final development plan
can be approved administratively subject to the provisions of Section 26-308 DA. All
informational requirements of the respective plans shall be met.
B. Subdivision/platting. Subdivision or plat review maybe carried out simultaneously
with the review of final development plans. All requirements of the subdivision
regulations for a final plat, if applicable, must be satisfied if there are any parcel divisions
created, or if there are any dedications for streets, easements or other public purposes, or
if a previously approved subdivision is amended in any way by the proposed
development. In cases where subdivision is to occur simultaneous with final development
plan review, the applicant shall submit separate sheet(s) in addition to the subject
development plan.
C. Outline development plan. An applicant shall submit an outline development plan
for approval of a change of zone to a Planned Development District. The outline
development plan is the zoning and general concept step. It provides generalized graphic
and written information on layout, uses and intended character of the development and
must provide enough information for the review bodies as to how the property will be
developed.
1. Submittal requirements.
a. Appropriate fee.
b. Evidence of neighborhood meeting (see section 26-109).
c. Complete and notarized application. The application must include a detailed
description of the request, responses to the rezoning criteria and discussion
regarding conformance to the design principles in the Architectural and Site
Design Manual.
d. Proof of ownership, such as copies of deeds or title commitment.
e. Written authorization from property owner(s) where an agent acts on behalf of
the owner(s).
f Survey of the property.
g. Mineral rights certification form.
h. The outline development plan as described below.
i. Names, addresses, telephone numbers of architects, surveyors, and engineers
associated with the preparation of the plans.
j. 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.
2. Form and content of the 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 drawings may be in sketch site plan format and shall contain the
following minimum information:
a. Ownership/unified control statement. A list of all existing owners of real
property included within the proposed Planned Development District, and a
written statement which describes anticipated future ownership character (i.e.
single ownership, partnership, condominium, etc.), and which indicates proposed
manner of maintaining unified control throughout the planning, development, use,
operation and continued maintenance of the planned development.
b. Character of development. A written description of the general character of
the development and of the objectives to be achieved by the particular
8
development concept being proposed. This statement shall include, but not be
limited to, the manner in which the proposed development meets or exceeds the
intent of the Planned Development District as stipulated in section 26-301 C.; the
proposed architectural and site design concepts, building materials (type, textures
and colors); specific concepts by which the proposed development will make an
orderly transition from existing adjacent development including buffering,
pedestrian access and specific concepts for the use and landscaping of all public
and private open spaces. It is the intent of this requirement that the applicant
provide a clear, concise statement for the reviewing authorities to better
understand the proposed development concept and upon which their decision
regarding the proposal can be based.
c. The existing topographic character of the land at a contour interval of two (2)
feet if the slope is less than ten (10) percent and five (5) feet if the slope is greater
than ten (10) percent.
d. A "to scale" sketch plan showing access to the property, areas to be
landscaped, parking areas, building locations, buffering, pedestrian linkages on
site and to adjacent sites, and any other design features such as plazas, courtyards,
outdoor seating areas or other areas of interest. The drawing shall include existing
conditions on properties adjacent to the proposed development.
e. Property boundaries as per accompanying legal description.
f. Existing and proposed lot lines, easements and rights-of-way on and adjacent
to the site.
g. Adjacent zoning, land use, streams, etc.
h. Location of all existing streets, alleys, easements, drainage areas, irrigation
ditches and laterals within and adjacent to the site.
i. Location of all proposed streets, alleys, easements, drainage areas, parks, and
other areas to be reserved or dedicated to public use.
j. Any significant vegetation or land use features within or adjacent to the site
which may influence development.
k. When located within a regulated 100-year floodplain, designation of areas
subject to a 100-year flood shall be provided. Both the floodway and flood fringe
areas shall be shown. Development within 100-year floodplains, including fill or
excavation, is regulated by article VIII.
1. Scale (no less than one (1) inch equals one hundred (100) feet) and north
arrow.
m. Small-scale location map as an inset which shows the subject property
centered within a quarter-mile radius.
n. Proposed name of the planned development.
o. A general indication of the expected utilization of the land and a list of uses to
be permitted in the development.
p. Legal description (metes and bounds) of total site, including area.
q. Project data for the entire site and including, by phase, maximum building
area and percent, paved area and percent, landscape area and percent, number of
lots, minimum lot sizes and dimensions, net density, gross density, etc.
r. Development time schedule by phase.
s. Required certifications.
t. Proposed development standards including setbacks from perimeter property
lines, building height, building coverage, building separation, and landscaping.
u. Proposed standards for parking, architectural design, landscaping,signage,
lighting and fencing.
v. Perspective or "birds'-eye-view" image of the project.
w. Architectural elevations showing approximate building height and proposed
architectural materials. The drawings should be of sufficient detail to illustrate the
massing, height and general character of the proposed structures.
3. The outline development plan shall be recorded with the Jefferson County Clerk and
Recorder and, therefore, must meet their requirements for recordation.
4. The following certifications, in addition to the required surveyor's certificate, shall
also be placed upon the outline development plan:
OWNER'S CERTIFICATION
The below-signed owner(s), or legally designated agent(s) thereof, do hereby agree that
the property legally described hereon will be developed as a planned development in
accordance with the uses, restrictions and conditions contained in this plan, and as may
otherwise be required by law. I (we) further recognize that the approval of rezoning to
Planned Development, and approval of this outline development plan, does not create a
vested property right. Vested property rights may only arise and accrue pursuant to the
provisions of section 26-121 of the Wheat Ridge Code of Laws.
10
Signature of Owner(s) or Agent(s)
NOTARY PUBLIC
Subscribed and sworn to before me this day of
Witness my hand and official seal
My commission expires
NOTARY SEAL
PLANNING COMMISSION CERTIFICATION
Recommended for approval this day of by the Wheat
Ridge Planning Commission.
Chairperson
COMMUNITY DEVELOPMENT DIRECTOR
CITY COUNCIL CERTIFICATION
Approved this day of by the Wheat Ridge City
Council.
ATTEST:
City Clerk
Mayor
CITY SEAL
COUNTY CLERK AND RECORDERS CERTIFICATE
This document accepted for filing in the office of the County Clerk and Recorder of
Jefferson County at Golden, Colorado, on the day of
AD, in Book , Page , Reception No.
JEFFERSON COUNTY CLERK AND RECORDER
By:
Deputy
5. Outline development plan review procedures:
a. Staff review: Upon filing of an application and other required documents,
community development staff will refer copies of the plans to affected
departments and agencies for review. All comments shall be forwarded to the
applicant so that necessary revisions may be made by the applicant prior to
scheduling the application before planning commission.
b. Planning commission hearing. The planning commission shall hold a public
hearing pursuant to the public notice requirements of section 26-109. The
planning cormission shall recommend approval, approval with modifications or
11
denial of the outline development plan, stating the reasons for its
recommendation. The recommendation shall be forwarded to city council.
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.
6. Optional Process: Conceptual outline development plan. In those instances when an
applicant wishes to rezone a specific property, but does not have a specific development
plan in mind, a more conceptual outline development plan can be submitted. This
conceptual development plan shall serve to only address allowed uses and development
standards for the property, and must contain all items listed in subsection 2a through 2u
of this chapter. The conceptual outline development plan will be processed consistent
with the subsections 5 and 6 of this chapter. A note shall be added to any conceptual
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 non-administrative amendment to this outline
development plan must be submitted and approved by the City of neat Ridge prior
to the submittal of a final development plan and any subsequent site development. "
A final development plan may not be submitted for any property for which a conceptual
outline development plan has been approved. A non-administrative amendment to the
outline development plan must be submitted which addresses all aspects of subsection C2
of this chapter and shall be reviewed and processed consistent with the requirements of
this chapter. At such time that an amended outline development plan has been approved,
a final development plan may be submitted and reviewed in accordance with subsection
D of this chapter.
6. Recordation. 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.
7. An outline development plan accompanies a zone change request. Approval of a
final development plan is required prior to the issuance of a building permit for any site
development, except for single and two family planned residential developments
exempted by Section 26-308 D. Applications for final development plan and plat
approval MAY NOT be submitted concurrently with the outline development plan
applications
12
D. Final development plan. The final development plan provides the final engineering
and site design details for final approval of one (1) or more phases of development
approved through a planned development process. The final development plan
application and building permit application may be submitted concurrently. Planned
residential developments, or portions thereof, comprised exclusively of detached single or
two family dwellings are not required to complete a final development plan process.
Submittal requirements:
a. Appropriate fee.
b. Complete and notarized application.
c. Proof of ownership, such as copies of deeds or title commitment.
d. Written authorization from property owner(s) where an agent acts on behalf of
the owner(s).
e. Survey of property
f Mineral rights certification form
g. Final development plan. (see 2. below)
h. Names, addresses and telephone numbers of architects and engineers
associated with preparation of the plans and plat.
i. Copies of proposed agreements, provisions, covenants, condominium
declarations, etc., which govern the use, maintenance and continued protection of
the planned development and any of its common areas and facilities, and which
will guarantee unified control.
j. Additional information may be required, including, but not limited to,
geological stability report, traffic impact report, civil engineering plans,
floodplain impact report or general environmental impact report.
2. Form and content of the final development plan. The final development plan (shall
be consistent with the approved outline development plan. The final development plan
shall be drawn at a scale of no less than one (1) inch to one hundred (100) feet and
contain the following:
a. Legal description of the entire planned development, and if the final
development plan is for only a portion of the site, a legal description of that
portion of the site included within the final development plan.
b. A site plan showing proposed grading, structure footpritnts, roads, on and off-
street parking, pedestrian areas (plazas, sidewalks and paths), easements/rights-of-
way, site drainage and retention. The drawing shall include conditions on
properties adjacent to the proposed development in sufficient detail to illustrate
continuity and compatibility of site elements.
c. Location, extent, type and surfacing materials or all proposed walks, paved
areas, and other areas not covered by buildings or structures.
d. Location, size, type, height and orientation of all signs.
e. A schematic landscape plan showing location, type, and size of all existing (to
remain) and proposed plant material and other landscape features and materials.
Common and botanical names of all plant materials shall be indicated. Areas and
type of irrigation system shall be indicated.
13
f Elevations of walls and fences with illustrations and notations as to types of
materials and heights.
g. A photometric plan showing exterior lighting readings and a listing of the
exterior lighting devices including manufacturer, type, height, location and
orientation. Footcandle readings are to be shown across the property and
extending beyond property lines.
h. A table showing total floor areas of all buildings and number, size and type of
dwelling units.
i. Elevations and perspective drawings of the site including all proposed
structures and improvements, indicating architectural style and building materials.
j. Parking and loading plan which indicates the size, location and number of on
and off-street parking and loading spaces and which shows the proposed
circulation of vehicles and pedestrians within the planned development and to and
from existing or proposed public thoroughfares. Any special engineering features
and traffic regulation devices needed to facilitate and ensure the safety of this
circulation pattern, including fire lanes, must be shown.
k. Indication of all proposed uses for all buildings, structures and open areas.
Outside storage and display areas must be indicated if proposed. Description of
any proposed temporary or interim uses of land or existing buildings prior to
development in accordance with the approved final development plan,
1. A development schedule indicating the phasing sequence. If a multiphased
project, indicate times for each phase.
m. The final development plan (and plat) shall be recorded with the Jefferson
County Clerk and Recorder and, therefore, must meet their requirements for
recordation.
3. The following certifications, and approvals, in addition to the required surveyor's
certificate, shall also be placed upon the final development plan (and plat):
OWNER'S CERTIFICATION
The below-signed owner(s), or legally designated agent(s) thereof, do hereby agree that
the property legally described hereon will be developed as a planned development in
accordance with the uses, restrictions and conditions contained in this plan, and as may
otherwise be required by law. I (we) further recognize that the approval of final
development plan does not create a vested property right. Vested property rights may
only arise and accrue pursuant to the provisions of section 26-121 of article I of the
Wheat Ridge Code of Laws.
Signature of Owner(s) or Agent(s)
NOTARY PUBLIC
Subscribed and sworn to before me this day of
Witness my hand and official seal.
My commission expires
NOTARY SEAL
14
COMMUNITY DEVELOPMENT DIRECTOR
CITY CERTIFICATION
Approved this day of by the City of Wheat Ridge.
ATTEST:
City Clerk
Mayor
CITY SEAL
COUNTY CLERK AND RECORDER'S CERTIFICATE
This document accepted for filing in the office of the County Clerk and Recorder of
Jefferson County at Golden, Colorado, on the day of
AD, in Book , Page , Reception No.
JEFFERSON COUNTY CLERK AND RECORDER
By: Deputy
4. Final development plan review procedures:
a. Staff review. Upon filing of an application and other required documents, the
community development staff will refer copies of the plans to affected
departments and agencies for review. All comments shall be forwarded to the
applicant so that necessary revisions may be made by the applicant prior to final
approval.
b. The community development director shall approve a planned development
final development plan based on the following criteria:
1. The proposed final development plan conforms (up to 10%
of gross floor area) with the approved outline development plan and
incorporates all recommended changes, modifications and conditions
approved by the outline development plan.
2. The proposed final development plan is consistent with the
permitted uses on the approved outline development plan.
3. The proposed final development plan meets the
requirements of an FDP.
4. The proposed final development plan complies with all
applicable standards and regulations of Chapter 26 and the Architectural
and Site Design Manual, unless modified through the outline development
plan process.
c. The community development director may approve, deny or approve the
proposed final development plan with conditions. If the applicant objects to
15
conditions of approval, the applicant may appeal the decision to district court
within thirty (30) days of the decision.
d. Recordation. All approved final 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 staff within sixty (60) days of
the community development director's final approval. Should a recordable
approved final development plan not be provided to the City within sixty (60)
days of final action, the community development staff shall reconsider its
previous 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 good
cause for not meeting the sixty-day deadline.
5. Expiration of final development plan approvals; reapplications.
a. Construction shall commence in accordance with the development schedule
specified on the recorded final development plan.
b. Extension of the development schedule specified on a recorded final
development plan shall require amendment to the final development plan.
c. A new application for substantially the same development application may not
be refiled for one (1) year after denial.
Sec. 26-309. Application of standards.
A. Detailed specifications and standards which should have been set forth on an
approved outline and final development plan, 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 final development plan would be pennitted.
B. The supplementary regulations of article VI apply to uses and activities within
planned development districts, unless otherwise provided in the approved final
development plan.
C. If the outline and final development plan does 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 determination pursuant to the provisions of section 26-115.
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 outline development plan. This provision does not apply to
requirements listed under article IV Subdivision Regulations.
16
F. To vary from the minimum development standards established on a recorded outline
development plan, an amended outline development plan is required when the variance is
less than the established minimum. No amendment is required if the variance is greater
than the established minimum standard.
G. To vary from the standards set forth on a recorded final development plan, an
amended final development plan is required when the variance is less than the established
minimum. No amendment is required if the variance is greater than the established
minimum standard.
Sec. 26-310. Binding upon successors and assigns.
All approved development plans shall be binding upon the owner(s), their successors and
assigns, and shall limit the development to all conditions and limitations established in
such plans, and as may be contained in separately recorded agreements, covenants,
condominium declarations, etc., which were approved by city council as part of a planned
development approval.
Sec. 26-311. Amendments to development plans.
A. The procedures and requirements for amending an approved development plan
(outline or final) shall be the same as prescribed for original approval, except as provided
for under subsection (C) below. All applications for amendment to an outline
development plan must be approved in writing by all 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. All applications for amendment to a final development plan must be approved
in writing by all owners of real property and owners of interest contained within the
parcel or phase of the planned development where the amendment is being requested. 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 changes.
Changes to the underlying outline development plan will be processed the same as
prescribed for original approval if any one of the following is proposed:
1. Increase in the gross floor area of structures beyond the authorized maximum
allowed on the approved outline development plan.
2. Proposed land uses are not permitted on the approved outline development
plan.
3. Increase in density or intensity of use.
C. Final development plan changes.
Any change or amendment to a final development plan will be processed in the
same manner as prescribed for the original approval. At no time can an amendment
17
to a final development plan result in any increase to a maximum development
standard or any decrease to a minimum development standard listed on the outline
development plan, or result in a use which is not permitted on the outline
development plan. If any of these conditions occurs, the outline development plan
must be amended as described in this subsection.
D. Any changes or revisions to an outline or final development plan which are
approved, either administratively or by city council action, must be recorded with the
Jefferson County Recorder as amendments to the original recorded development plan
subject to the deadline provisions of section 26-308.D.4.d.
Section 7. Sections 26-106 (Review=L~xoces"s Chart) is hereby amended as follows:
Sec. 26-106. Review process chart.
Pre-Application
Final
Approval
Requested
Staff
Neighborhood
Staff
PC
CC
BOA
URPC
Notes
Planned
Development:
Outline
X
X
H
URA
2 ART
Development Plan
H
Ill
(ODP)
Planned
Development:
Final
X
URA
ART III
Development Plan
A
(FDP)
Planned
Development:
Outline
x
X
H
URA
2 ART
Development Plan
H
I
Amendment
Planned
Development:
Final
X
A
URA
ART III
Development Plan
Amendment
Section 8. Sections 26-504 and 26-505 are hereby repealed in their entirety.
18
Section 9. Safety Clause. The City Council hereby finds, determines, and
declares that this ordinance is promulgated under the general police power of the City of
Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and
that this ordinance is necessary for the preservation of health and safety and for the
protection of public convenience and welfare. The City Council further determines that
the ordinance bears a rational relation to the proper legislative object sought to be
attained.
Section 10. Severabilitv; Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise
invalid, the validity of the remaining section, subsections and clauses shall not be
affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 11. Effective Date. This ordinance shall take effect days after
final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
to on this day of 2007, ordered published in full in a
newspaper of general circulation in the City of Wheat Ridge and Public Hearing and
consideration on final passage set for 2007, at 7:00 o'clock p.m., in
the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final
reading by a vote of to , this day of 12007.
SIGNED by the Mayor on this day of 2007.
JERRY DITULLIO, MAYOR
ATTEST:
Michael Snow, City Clerk
APPROVED AS TO FORM BY CITY
ATTORNEY
GERALD DAHL, CITY ATTORNEY
19
I st Publication:
2nd Publication:
Wheat Ridge Transcript
Effective Date:
20
B. Case No. ZOA-06-07: An ordinance amending Chapter 26 of the Wheat
Ridge Code of Laws regarding development review processes.
v
This matter was presented by Alan White. He reviewed the staff report and
digital presentation.
Commissioner BRJNK expressed concern about Section 1, A, on page one
of the ordinance that could allow the developer to go in and grub the site before
approvals are obtained and could give the appearance to the public that approvals
were already given. Allowing the developer to do this before approvals could
result in damage to the property such as removal of trees or filling in wetland
areas. Alan White explained that this was suggested in an effort to be "developer-
friendly." While the developer could grub the site, they would have explicit
understanding that they may do the work but still not get necessary approvals to
go ahead with the project.
Commissioner REIN-HART asked what protection the city would have in these
types of situations. Mr. White explained that the developer would have to post
bond, install erosion control and would be informed that the work would not mean
a future land use approval would be granted. If not approved and vegetation was
removed, revegetation would have to take place as part of the bonding process.
Commissioner STEWART expressed concern that once clearing had taken place
and the development not approved, the city would be reluctant to press the
developer to take corrective action.
Commissioner McMILLIN commented that most of the ordinance changes made
good common sense and were based on professional experience. He did have a
concern on page 3 where four out of five criteria must be found in relation to
change in character of an area. He believed all five zoning criteria are essential.
Commissioner REINHART commented that he believed the suggested criteria are
linked enough to make a decision.
Alan white noted an error on the bottom of page 3. The paragraph marked No. 3
stating "The application is in substantial compliance with the applicable
standards set forth in the Architectural and Site Design Manual. " should actually
be item "f"under No. 2.
There was discussion about changing administrative variances from 10% to 50%.
Alan White commented that changing from 10% would give the staff a little more
flexibility in dealing with some sites, especially in commercial areas.
In regard to the Architectural Manual, Alan White stated that the Community
Development Director and Public Works Director can make changes. Planning
Planning Commission -5-
April 19, 2007
Commission and City Council approval are not necessary for such changes. He
asked Commissioners if they would like to review it at this time.
Chair SCEZNEY asked if there were members of public who wished to address
this matter. Hearing no response, he closed the public hearing.
Commissioner McMILLIN suggested continuing review of the architectural
manual. He did not feel the ordinance could be approved if the Commission was
not comfortable with the architectural manual. Commissioner REINHART
agreed that the architectural manual needs more study.
It was moved by Commissioner McMILLIN and seconded by Commissioner
STEWART to continue this case for one month. The motion failed 2 to 6
with Commissioners BRINKMAN, CHILVERS, MATTHEWS, REINHART,
SCEZNEY and SPANIEL voting no.
It was moved by Commissioner REINHART and seconded by Commissioner
McMILLIN to recommend approval of the ordinance amending chapter 26
of the Wheat Ridge Code of Laws concerning the development review
process.
It was moved by Commissioner McMILLIN and seconded by Commissioner
STEWART to amend the ordinance to change the percentage required to
grant an administrative variance from 50% to 25%. The motion passed 6-2
with Commissioners BRINKMAN and REINHART voting no.
It was moved by Commissioner BRINKMAN and seconded by
Commissioner McMILLIN to amend the ordinance to leave in the words "No
site development ofproperty may be initiated" and "substantial clearing,
grading, filling or excavation may not be commenced" in Section 1-A on page
one of the ordinance; and remove the sentence stating, "Clearing, grading
filling or excavation may be commenced subject to the approvals required in
this chapter and pursuant to section 26-621 "in the same section. The motion
passed 5-3 with Commissioners CHILVERS, REINHART and MATTHEWS
voting no.
IL The motion to approve the ordinance with the above amendments passed
unanimously.
There was a consensus to review the architectural manual at the meeting of May
17, 2007.
8. OTHER ITEMS
Alan White asked if Commissioners would like to hold brief meetings prior to
regular Planning Commission meetings in order to review certain items on the
Planning Commission -6-
April 19, 2007
OF WHEAT
9 PLANNING COMMISSION
U m LEGISLATIVE ITEM STAFF REPORT
~CORPDO
MEETING DATE: April 19, 2007
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT
RIDGE CODE OF LAWS CONCERNING DEVELOPMENT
REVIEW PROCESSES
CASE NO. ZOA-06-07
® PUBLIC HEARING
❑ RESOLUTION
® CODE CHANGE ORDINANCE
❑ STUDY SESSION ITEM
Case Manager: Alan White and Meredith Reckert
Date of Preparation: April 12, 2007
SUMMARY:
One of the major recommendations of the Neighborhood Revitalization Strategy was the streamlining
of the City's development review processes and the creation of experimental zoning to deal with infill
development situations. Attached is the ordinance amending portions of Chapter 26 to accomplish
these objectives.
The major changes proposed are:
Approval criteria for each land use or site development process have been reworded and
consolidated to eliminate redundancies.
The revised Architectural and Site Design Manual has been included in the approval
criteria for each land use process.
3. For rezonings, the approval criteria have been reduced to six, with four out of six needing
to be met for approval. (Currently it is all eight.) The "spot zoning" criterion was
removed.
4. The threshold for administrative variances was raised to 50% from the current 10%.
5. For Planned Developments:
a. Require more detailed Outline Development Plan (ODP) to include conceptual
building layout & architecture, pedestrian links, parking, courtyards, buffering, etc.
b. ODP & Final Development Plan (FDP) cannot be submitted concurrently
c. FDP requires only administrative review
d. FDPs for single family PRDs has been eliminated
6. Non-Administrative FDP amendments are no longer possible with the revised ODP
amendment criteria. Either the ODP needs to be amended or it doesn't.
7. Sections dealing with Industrial Performance Standards and Residential Site Design
Standards have been eliminated.
8. Since the study session with Planning Commission on this topic, Council suggested that a
process to accommodate speculative rezonings was needed. A section has been added that
allows for this and requires an amendment to the ODP prior to submittal of an FDP to
address architectural elements, building layout and other items not normally known with
speculative rezonings.
Corresponding changes have been made to the review process chart.
BACKGROUND:
The development process boils down to two basic processes: 1) current zoning on a property
allows a use and all the owner needs is a building permit, or 2) current zoning does not allow a
use and the owner must request a rezoning of the property. Rezoning usually requires Planned
Development zoning, with an ODP and an FDP. Eventually a rezoning request leads to a building
permit. There are other processes such a variances and special uses, but they are usually
precursors to the building permit process.
Attention was focused on how to address both the building permit and rezoning processes without
adding hundreds of pages to the development code. Our analysis concluded that the key document is
the Streetscape and Architectural Design Manual. It contains site and building design requirements
and guidelines that currently apply to all commercial and industrial zone districts and is used both in
the review of building permits and rezonings. Revisions to the Manual (now referred to as the
Architectural and Site Design Manual) are a companion document to the entire package of "X-
Process" changes. The revised Manual has been included with this packet. The Manual is still a work
in progress, although it is approximately 95% complete. Staff is working to resolve a few outstanding
issues and add more graphics and pictures.
It should be noted that the revised Manual does not require Planning Commission or City Council
approval; the current Code of Laws provides that the Community Development Director can amend
the Manual administratively. It is being provided with this packet because it is an integral component
to the "X-Process" changes. Staff will welcome any comments regarding the Manual, but it is not
approved by ordinance.
STATEMENT OF THE ISSUES:
The changes proposed are intended to streamline development review processes and provide more
administrative (staff) review. This will save developers and landowners considerable time in the
review process and it also relieves review bodies from looking at site details when the focus
should be the larger context. In return for this quicker review, more information and detail is
required of an applicant at the rezoning step. The information required will give the Planning
Commission, City Council, staff, and the neighborhood a much better idea of what is being
proposed and what is being approved.
RECOMMENDED MOTION:
"I move to recommend approval of the ordinance amending Chapter 26 of the Code of Laws
concerning the development review process."
Exhibits:
1. Ordinance
2. Architecture and Site Design Manual
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 02-2007
Ordinance No.
Series of 2007
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF
THE WHEAT RIDGE CODE OF LAWS
CONCERNING THE DEVELOPMENT REVIEW
PROCESS
WHEREAS, City of Wheat Ridge City Council commissioned a year
long study entitled Repositioning Wheat Ridge, which included several
recommendations concerning revitalization efforts in the City; and
WHEREAS, one of those recommendations was to implement a revised
development review process and adopt standards that achieve the objectives of the
Repositioning Wheat Ridge study; and
WHEREAS, the City Council desires to amend certain sections of the
Zoning and Development Code to encourage revitalization of the City and
implement the development objectives of the Repositioning Wheat Ridge study.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, THAT:
Section 1. Section 26-103 (Site,D6 - lopis hereby amended as follows:
-vp
A. All site development within the city ' housing shall be
required to follow the procedures and satisfy the requirements set out below prior to
development. "Site development," as used in this chapter, is a general and inclusive term,
and is defined in section 26-123. The developer is required to attend in person or by
authorized representative, all meetings at which the project is considered, unless
otherwise notified by the ph%-A g community development department. Ne site
development of prepeAy may be ink :..,.°a, The use of property may not be substantially
changed, , and
buildings or other substantial structures may not be constructed, erected, moved or
substantially altered except in accordance with and pursuant to one (1) or more of the
approvals listed in the review process chart. Clearing, grading, filling or excavation
may be commenced subject to the approvals required in this chapter and pursuant
to section 26-623.
B. All site development must also obtain building and construction permits pursuant to
the uniform codes adopted by the city, and must comply with all other applicable sections
contained within this chapter and chapter 5. All applications for building permits,
exclusive of single and two-family dwellings, shall comply with the applicable
standards set forth in the Architectural and Site Design Manual.
C. In addition to the requirements of this chapter, the provisions of section 5.1.1 of the
Wheat Ridge Home Rule Charter, pertaining to building height and density limitations,
apply.
D. All applications for approval of site development pursuant to this chapter shall be
accompanied by proof of ownership by the applicant of the subject property. Such proof
may take the form of a recorded deed, a title commitment, or a power of attorney from
the owner(s) where an agent acts on their behalf. In the case of application for special use
permits, both the owner of the property and proposed special use must join in the
application.
Section 2. Sections 26-112 (Private Rezoning) C and D are hereby amended as
follows:
C. Application form and review procedure:
1. Prior to submitting any application for a change of zone, the applicant shall be
required to hold a neighborhood input meeting. (See section 26-109A. for
requirements.)
2. Reserved.
3. Applications for change of zone shall be submitted on notarized forms
provided by the department of community development and shall be accompanied
by:
a. Proof of ownership of land (copy of the property deed).
b. A certified boundary and improvement survey, at a scale of not less
than one (1) inch equaling 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
corner).
d. Appropriate fee.
4. All applications shall also be accompanied by written information in sufficient
detail to convey the full intent of the applicant, to justify why a change of zone is
appropriate, and shall include:
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.
2
d. Availability of utilities.
e. Present and future effect on public facilities and services, such as fire,
police, water, sanitation, roadways, parks, schools, etc.
£ A discussion of the relationship between the proposal and adopted
plans and/or policies of the city.
g. Any additional materials necessary to adequately review the proposal.
D. Criteria for review. Before ehange of zone m be appmved, the ""pu"""` shall
show, and the eity ,.,..awil shall a a: The city council shall base its decision in
consideration of the extent to which the applicant demonstrates the following
criteria have been met:
1. Tlhe The existing zone classification currently recorded on the official
zoning maps of the City of Wheat Ridge is in error; or
2. That a A change in character in the area has occurred due to installation of
public facilities, other zone changes, new growth trends, deterioration, or
development transitions, and that the evidence supports the finding of at least
four of the following:
a. That the 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; and
b. That the The proposed change of zone is compatible with the
surrounding area and there will be minimal adverse impacts
considering the benefits to be derived; and
c. That there There will be social, recreational, physical and/or economic
benefits to the community derived by the change of zone; and
d. That equate Adequate infrastructure/facilities are available to serve
the type of uses allowed by the change of zone, or that the applicant
will upgrade and provide such where they do not exist or are under
capacity; and
e. That the The change of zone will not adversely affect public health,
safety or welfare by creating excessive traffic congestion, creating
drainage problems, or seriously reducing light and air to adjacent
properties; and
3. The application is in substantial compliance with the applicable standards
set forth in the Architectural and Site Design Manual.
Section 3. Section 26-114 (Sclal Used D is hereby amended as follows:
3
D. Criteria for review. Be f _ ial iise is ed the applicant shall ..A..... and
The community development director or city council shall base its decision in
consideration of the extent to which the applicant demonstrates the following
criteria have been met:
[1.] Will The special use will not have a detrimental effect upon the general
health, welfare, safety and convenience of persons residing or working in the
neighborhood. of the proposed ° °
[2] Will The special use will not create or contribute to blight in the
neighborhood by virtue of physical or operational characteristics. of propose
the use.
[3] Will The special use will not adversely affect the adequate light and air, nor
cause significant air, water or noise pollution.
[4] VAIl The special use will not result in undue traffic congestion or traffic
hazards, or unsafe parking, loading, service or internal traffic conflicts to the
detriment of persons whether on or off the site.
[5.] W444 The property be is appropriately designed, including setbacks, heights,
parking, bulk, buffering, screening and landscaping, so as to be in harmony and
compatible with the character of the surrounding areas and neighborhood,
especially with adjacent properties.
[6.] Will The special use will not overburden the capacities of the existing
streets, utilities, parks, schools and other public facilities and services.
[7] Histe There is a history of compliance by the applicant and/or property
owner with Code requirements and prior conditions, if any, regarding the subject
property.
(8.) The application is in substantial compliance with the applicable
standards set forth in the Architectural and Site Design Manual.
Section 4. Section 26-115 (Uanances) B and C are hereby amended as follows:
B. Application requirements. All requests for a variance, waiver, temporary permit or
interpretation, as described herein, shall be made by the filing of an application, together
with the required fee and supporting documentation.
1. Where a request covered within this subsection is made a part of another
administrative process, then both fees shall be imposed.
2. Documentation required:
a. Copy of the deed for the property.
b. Power of attorney if the applicant is not the owner of the property.
4
c. Property survey if the request involves relationship of structure(s) to lot lines
or lot area.
d. Reasons for filing an appeal or variance request. Requests for variances
must include a brief description of the evidence supporting the conditions
under which a variance can be granted as found in subsection (C) 4 hereof.
e. A "to scale" site plan.
f. Architectural elevations for any new structures.
g. Posting certification (to be submitted at the hearing to the clerk).
h. Other information which the applicant, the director of community
development or the hearing authority determines is necessary in order to
adequately evaluate the application.
C. Variances and waivers:
1. Miner Administrative variances or we.vers (ten(10) fifty (50) percent or
less): The director of community development is empowered to decide upon
applications for n3iner administrative variances er- waivers from the strict
application of any of the "development standards" pertaining to zone districts in
article II and Sections 26-501 (Off-Street Parking) and 26-502 (Landscaping
Requirements), and 26-603 (Fencing) and Article VII (Signage) of this
chapter, which apply throughout the various zone district regulations and in other
situations which may be specifically authorized in the various sections, without
requirement of a public hearing, under the following conditions:
a. The variance orwaiver does not exceed ten (1-0) fifty (50) percent of
the minimum or maximum standard; and
b. The director of community development finds that a majority of the
"fi s oFrme criteria as set forth in subsection (e)(3) (C) 4 hereof,
are substantially complied with and support the request; and
c. The director of community development has notified adjacent property
owners by letter notice and posting of the site at least ten (10) days prior to
rendering his decision, and that no objections have been received during
such ten-day period. Any objections must be received in writing and be
directly related to concerns regarding the request. General objections
regarding existing land use conditions or issues not related to the request
will not be considered grounds for objection.
d. That no additional dwelling units would result from approval of such
variance or waiver.
e. That the In no instance shall the community development director
hear or grant a variance as to use or as to an activity or development
which is prohibited by this chapter nor shall the limitations of Charter
section 5.10.1 are not be exceeded.
2. Administrative Variance Appeals: A decision by the director of
community development to deny an administrative variance may be
appealed to the Board of Adjustment and shall follow procedures in
accordance with Section 2-61. A written appeal shall be submitted by the
applicant to the community development department within 10 days of such
administrative denial.
2.3. Variances and vers of more than ten (10) fifty (50) percent: The board of
adjustment is empowered to hold public hearings to hear and decide only upon
appeals for variances and waivers from the strict application of the development
standards pertaining to zone districts in article II, sections 26-501, 26-503, 26-603
or Article V11 of this chapter. Where a variance or waiver is made a part of
another administrative process, such as a change of zone, subdivision or a formal
site plan or development plan review which requires a public hearing before the
planning commission and/or city council, then the planning commission and/or
city council shall be empowered to decide upon such variance or waiver request
concurrent with such other process; however, in deciding such variance or waiver
the planning commission and/or city council shall be subject to the voting ratio as
applies to the board of adjustment, set forth in Wheat Ridge Code of Laws section
2-53 2-64-. In no instance shall the board of adjustment hear or grant a variance as
to use or as to an activity or development which is prohibited by this chapter or by
section 5.10.1 of the Charter.
-3. 4 DL..iev, eriteri ,,n findings of f^t_ Criteria for review : The director of
community development, board of adjustment, planning commission or city
council shall base its decision in consideration of the extent to which the
applicant demonstrates a majority of the following faets criteria, €averable to
the applicant; have been met established by the evidenee:
a. Can the The property in question would not yield a reasonable return in use,
service or income if permitted to be used only under the conditions allowed by
regulation for the district in which it is located?.
b. if the The variance were granted, would it not alter the essential character of
the locality?.
c. The applicant is proposing a substantial investment in the property with
this application, which would not be possible without the variance.
d. Does The particular physical surrounding, shape or topographical
condition of the specific property involved results in a particular and unique
hardship (upon the owner) as distinguished from a mere inconvenience if the
strict letter of the regulations were carried out? .
e. Has the The alleged difficulty or hardship has not been created by any
person presently having an interest in the property?.
f Weuld-the The granting of the variance would not be detrimental to the
public welfare or injurious to other property or improvements in the
neighborhood in which the property is located, by, among other things,
substantially or permanently impairing the appropriate use or
development of adjacent property, impairing the adequate supply of light and
air to adjacent property, substantially increasing the congestion in public streets
or increasing the danger of fire or endangering the public safety, or substantially
diminishing or impairing property values within the neighborhood?.
g. The unusual circumstances or conditions necessitating the variance
request are present in the neighborhood and are not unique to the
property.
h.. if criteria a. through e. are found, thell, weWd the granfing of the varianee-
result in ° 1.°~°F .t aff e'-`.4..' 1..-t:°~ 4° the neighbafh ed or the ee ft .«--~:t" as
disfinguished from an individua4 benefit on the part of the appliew-ft-, Vvetild
gig Granting of the variance would result in a reasonable accommodation
of a person with disabilities?.
i. is the The application is in substantial compliance with the applicable
standards set forth in the Architectural and Site Design Manual.
4 5. Expiration: Any variance granted by the board of adjustment or director of
community development shall automatically expire within one hundred eighty
(180) days of the date it was granted, or within such other time as the board of
adjustment or director of community development may prescribe, unless a
building permit for the variance is obtained within such period of time. If the
building permit expires, the variance shall expire at the same time. Extensions of
time may be granted by the community development director for good cause
shown, but only if an application for the extension is made prior to the expiration
of the variance.
Section 5. Section 26-116 (1'BG) D 3 is hereby amended as follows:
3. Standards for review: The director of community development and/or planning
commission shall have the right to approve, establish necessary conditions and limitations
in approving, or deny an application for a planned building group; provided, that the
following standards shall be applied in such approval, denial or in establishing such
conditions and limitations. In m g the ~t°~~°a building group applieatien-, -the
following shall be eensidered: The community development director or planning
commission shall base its decision in consideration of the extent to which the
applicant demonstrates the following criteria have been met:
a. )A%ether &e The proposed plan is eensistent complies with the spirit and
inters of the zoning and development code and of the eemprehensive plan and
t'-°tsxxuc it wo-ndx is not be contrary to the general welfare of the immediate
neighborhood and economic prosperity of the city. orthe
immedial-e
i
hb
h
d
d th
t th
plan
has been
re
ared
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g b. The application is in substantial compliance with the applicable
standards set forth in the Architectural and Site Design Manual.
Section 6. Sections 26-308, 26-309, 26-310 and 26-311 (Planned I)eelopmenz),
are hereby amended as follows:
Sec. 26-308. Application for planned developments.
All applications for approval of a planned development, redevelopment, alteration or
addition shall be filed with the department of community development prior to issuance
of a building permit. In some instances, platting is required and the plat can be processed
concurrently with the final planned development request. Article IV of this chapter
should be consulted for subdivision requirements and procedures.
A. Development plans. There are two (2) distinct steps in establishing a planned
development: an outline development plan and a final development plan. Pie e
lance ,..,a (2) se fate dfav,:ngs are required. The rezoning and outline development
plan step is approved through a public hearing process. Once the zoning and
outline development plan have been approved, the final development plan can be
approved administratively subject to the provisions of Section 26-308 DA. All
informational requirements of the respective plans shall be met.
B. Subdivision/platting. Subdivision or plat review may be carried out simultaneously
with the review of final development plans. All requirements of the subdivision
regulations for a final plat, if applicable, must be satisfied if there are any parcel divisions
created, or if there are any dedications for streets, easements or other public purposes, or
if a previously approved subdivision is amended in any way by the proposed
development. In cases where subdivision is to occur simultaneous with final development
plan review, the applicant shall submit separate sheet(s) in addition to the subject
development plan.
C. Outline development plan. An applicant shall submit an outline development plan
for approval of a change of zone to a Planned Development District. The outline
development plan is the zoning and general concept step. It provides generalized graphic
and written information on layout, uses and intended character of the development and
must provide enough information for the review bodies as to how the property will
be developed.
1. Submittal requirements.
a. Appropriate fee.
b. Evidence of neighborhood meeting Neighborhood meeting netioe (see
section 26-109).
c. Complete and notarized application. The application must include a
detailed description of the request, responses to the rezoning criteria and
discussion regarding conformance to the design principles in the
Architectural and Site Design ManuaG
d. Proof of ownership, such as copies of deeds or title commitment.
e. Written authorization from property owner(s) where an agent acts on
behalf of the owner(s).
L Survey of the property.
g. Mineral rights certification form.
h. The outline development plan as described below.
i. Names, addresses, telephone numbers of architects, surveyors, and
engineers associated with the preparation of the plans.
j. g. 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.
2. Form and content of the 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 drawings may be in general sehematie F sketch site plan format
and shall contain the following minimum information:
9
a. Ownership/unified control statement. A list of all existing owners of real
property included within the proposed Planned Development District, and a
written statement which describes anticipated future ownership character (i.e.
single ownership, partnership, condominium, etc.), and which indicates proposed
manner of maintaining unified control throughout the planning, development, use,
operation and continued maintenance of the planned development.
b. Character of development. A written description of the general character of
the development and of the objectives to be achieved by the particular
development concept being proposed. This statement shall include, but not be
limited to, the manner in which the proposed development meets or exceeds the
intent of the Planned Development District as stipulated in section 26-301 C.; the
proposed architectural and site design concepts, building materials (type, textures
and colors); specific concepts by which the proposed development will make an
orderly transition from existing adjacent development including buffering,
pedestrian access and specific concepts for the use and landscaping of all public
and private open spaces. It is the intent of this requirement that the applicant
provide a clear, concise statement for the reviewing authorities to better
understand the proposed development concept and upon which their decision
regarding the proposal can be based.
c. The existing topographic character of the land at a contour interval of two (2)
feet if the slope is less than ten (10) percent and five (5) feet if the slope is greater
than ten (10) percent.
d. A "to scale" sketch plan showing general access to the
property, areas to be landscaped, parking areas, building locations, buffering,
pedestrian linkages on site and to adjacent sites, and any other design
features such as plazas, courtyards, outdoor seating areas or other areas of
interest. The drawing shall include existing conditions on properties adjacent
to the proposed development.
e. Property boundaries as per accompanying legal description.
f. Existing and proposed lot lines, easements and rights-of-way on and adjacent
to the site.
g. Adjacent zoning, land use, streets, streams, etc.
h. Location of all existing streets, alleys, easements, drainage areas, irrigation
ditches and laterals within and adjacent to the site.
i. Location of all proposed streets, alleys, easements, drainage areas, parks, and
other areas to be reserved or dedicated to public use.
10
A nnr..vknatn leeatien and w4unt of major use n
k. Any significant vegetation or land use features within or adjacent to the site
which may influence development.
1. When located within a regulated 100-year floodplain, designation of areas
subject to a 100-year flood shall be provided. Both the floodway and flood fringe
areas shall be shown. Development within 100-year floodplains, including fill or
excavation, is regulated by article VIII.
m. Scale (no less than one (1) inch equals one hundred (100) feet) and north
arrow.
n. Small-scale location map as an inset which shows the subject property
centered within a quarter-mile radius.
o. Proposed name of the planned development.
p. A general indication of the expected utilization of the land and a list of uses to
be permitted in the development.
q. Legal description (metes and bounds) of total site, including area.
r. Project data for the entire site and including, by phase, maximum building
area and percent, paved area and percent, landscape area and percent, number of
lots, minimum lot sizes and dimensions, net density, gross density, etc.
s. Development time schedule by phase.
t. Required certifications.
u. Proposed development standards including setbacks from perimeter
property lines, building height, building coverage, building separation, and
landscaping.
v. Proposed standards for parking, architectural design, landscaping,
signage, lighting and fencing.
w. Perspective or "birds'-eye-view" image of the project.
x. Architectural elevations showing approximate building height and
proposed architectural materials. The drawings should be of sufficient detail
to illustrate the massing, height and general character of the proposed
structures.
11
3. The outline development plan shall be recorded with the Jefferson County Clerk and
Recorder and, therefore, must meet their requirements for recordation.
4. The following certifications, in addition to the required surveyor's certificate, shall
also be placed upon the outline development plan:
OWNER'S CERTIFICATION
The below-signed owner(s), or legally designated agent(s) thereof, do hereby agree that
the property legally described hereon will be developed as a planned development in
accordance with the uses, restrictions and conditions contained in this plan, and as may
otherwise be required by law. I (we) further recognize that the approval of rezoning to
Planned Development, and approval of this outline development plan, does not create a
vested property right. Vested property rights may only arise and accrue pursuant to the
provisions of section 26-121 of the Wheat Ridge Code of Laws.
Signature of Owner(s) or Agent(s)
NOTARY PUBLIC
Subscribed and sworn to before me this day of
Witness my hand and official seal
My commission expires
NOTARY SEAL
PLANNING COMMISSION CERTIFICATION
Recommended for approval this day of by the Wheat
Ridge Planning Commission.
Chairperson
COMMUNITY DEVELOPMENT DIRECTOR
CITY COUNCIL CERTIFICATION
Approved this day of by the Wheat Ridge City
Council.
ATTEST:
City Clerk
Mayor
CITY SEAL
COUNTY CLERK AND RECORDERS CERTIFICATE
This document accepted for filing in the office of the County Clerk and Recorder of
Jefferson County at Golden, Colorado, on the day of
AD, in Book , Page , Reception No.
12
JEFFERSON COUNTY CLERK AND RECORDER
By:
Deputy
5. Outline development plan review Review procedures:
a. Staff review: Upon filing of an application and other required documents,
community development staff will refer copies of the plans to affected
departments and agencies for review. All comments shall be forwarded to the
applicant so that necessary revisions may be made by the applicant prior to
scheduling the application before planning commission.
b. Planning commission hearing. The planning commission shall hold a public
hearing pursuant to the public notice requirements of section 26-109. The
planning commission shall recommend approval, approval with modifications or
denial of the outline development plan, stating the reasons for its
recommendation. The recommendation shall be forwarded to city council.
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.
6. Optional Process: Conceptual outline development plan. In those instances when
an applicant wishes to rezone a specific property, but does not have a specific
development plan in mind, a more conceptual outline development plan can be
submitted. This conceptual development plan shall serve to only address allowed
uses and development standards for the property, and must contain all items listed
in subsection 2a through 2v of this chapter. The conceptual outline development
plan will be processed consistent with the subsections 5 and 6 of this chapter. A note
shall be added to any conceptual 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 non-administrative amendment to this outline
developmentplan must be submitted and approved by the City of Wheat Ridge
prior to the submittal of a final development plan and any subsequent site
development."
A final development plan may not be submitted for any property for which a
conceptual outline development plan has been approved. A non-administrative
amendment to the outline development plan must be submitted which addresses all
aspects of subsection C2 of this chapter and shall be reviewed and processed
consistent with the requirements of this chapter. At such time that an amended
outline development plan has been approved, a final development plan may be
submitted and reviewed in accordance with subsection D of this chapter.
13
6. Recordation. 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.
7. An outline development plan accompanies a zone change request. Approval
of a final development plan is required prior to the issuance of a building permit for
any site development, except for single and two family planned residential
developments exempted by Section 26-308 D. Applications for final development
plan and plat approval MAY NOT be submitted concurrently with the outline
development plan applications
D. Final development plan. The final development plan provides the final engineering
and site design details for final approval of one (1) or more phases of development
approved through a planned development process. The final development plan
application and building permit application may be submitted concurrently.
Planned residential developments, or portions thereof, comprised exclusively of
detached single or two family dwellings are not required to complete a final
development plan process.
1. Submittal requirements:
a. Appropriate fee.
a, b. Complete and notarized application.
b: c. Proof of ownership, such as copies of deeds or title commitment.
e: d. Power. of attemey Written authorization from property owner(s) where
an agent acts on behalf of the owner(s). Reserved.
e. Survey of property
f. Mineral rights certification form
g. Final development plan. (see 2. below)
d: h. Names, addresses and telephone numbers of architects and engineers
associated with preparation of the plans and plat.
e: i. Copies of proposed agreements, provisions, covenants, condominium
declarations, etc., which govern the use, maintenance and continued protection of
the planned development and any of its common areas and facilities, and which
will guarantee unified control.
j. Additional information may be required, including, but not limited to,
geological stability report, traffic impact report, civil engineering plans,
floodplain impact report or general environmental impact report.
14
2. Form and content of the final development plan. The final development plan (shall
be consistent with the approved outline development plan. The final development plan
shall be drawn at a scale of no less than one (1) inch to one hundred (100) feet and
contain the following:
a. Legal description of the entire planned development, and if the final
development plan is for only a portion of the site, a legal description of that
portion of the site included within the final development plan.
b. A site plan showing proposed grading, structure footpritnts, roads, on
and off-street parking, pedestrian areas (plazas, sidewalks and paths),
easements/rights-of-way, site drainage and retention. The drawing shall
include conditions on properties adjacent to the proposed development in
sufficient detail to illustrate continuity and compatibility of site elements.
c. Location, extent, type and surfacing materials or all proposed walks, paved
areas, turfing and other areas not covered by buildings or structures.
E d. Location, size, type, height and orientation of all signs.
d. e. A schematic landscape plan whieh prevides showing location, type, and
size and "arztities of all existing (to remain) and proposed plant material and
other landscape features and materials. Common and botanical names of all plant
materials shall be indicated. heeatien Areas and type of irrigation system shall
be indicated.
e-. f. I senti n, e~aent, 4~Tes of materials and height of all walls and fences.
Elevations of walls and fences with illustrations and notations as to types of
materials and heights.
€ g. A photometric plan showing exterior Exterier lighting readings and a
listing of the exterior lighting devices including manufacturer, type, height,
location and orientation. Footcandle readings are to be shown across the
property and extending beyond property lines.
g. Loeation, e~aent, ffiffiEknum height, number of fleer-s and toW floor- area of all
h. Total ftumber of dwelling units.
h. A table showing total floor areas of all buildings and number, size and
type of dwelling units.
i. Elevations and perspective drawings of the site including all proposed
structures and improvements, indicating architectural style and building materials.
The dF aaa. ngs need not be the result of final .a..eh teet.a.el design but of suffie:ent
detail to permit evaluation of the proposed s#uetmes.
j. Off treetpaAdng Parking and loading plan which indicates the size, location
and number of on and off-street parking and loading spaces and which shows the
proposed circulation of vehicles and pedestrians within the planned development
and to and from existing or proposed public thoroughfares. Any special
engineering features and traffic regulation devices needed to facilitate and ensure
the safety of this circulation pattern, including fire lanes, must be shown.
k. Indication of all proposed uses for all buildings, structures and open areas.
Outside storage and display areas must be indicated if proposed. Description of
15
any proposed temporary or interim uses of land or existing buildings prior to
development in accordance with the approved final development plan,
1. A development schedule indicating the approxiinate date on whie
«sti-Mien of the proje.h ran be r ee4ed to begin and approximate da4es when
gst etio ..a„ be eomp etea phasing sequence. If a multiphased project,
indicate times for each phase.
in. The final development plan (and plat) shall be recorded with the Jefferson
County Clerk and Recorder and, therefore, must meet their requirements for
recordation.
3. The following certifications, and approvals, in addition to the required surveyor's
certificate, shall also be placed upon the final development plan (and plat):
OWNER'S CERTIFICATION
The below-signed owner(s), or legally designated agent(s) thereof, do hereby agree that
the property legally described hereon will be developed as a planned development in
accordance with the uses, restrictions and conditions contained in this plan, and as may
otherwise be required by law. I (we) further recognize that the approval of final
development plan does not create a vested property right. Vested property rights may
only arise and accrue pursuant to the provisions of section 26-121 of article I of the
Wheat Ridge Code of Laws.
Signature of Owner(s) or Agent(s)
NOTARY PUBLIC
Subscribed and sworn to before me this day of
Witness my hand and official seal.
My commission expires
NOTARY SEAL
ur nwn. PIG Cnr,rr,rrcS-T-ON CFAT4FICATION
by
Reeemmended for approval this day of the `a= A4iect
Ridge Plafh-4ng Commission.
Crpersea
COMMUNITY DEVELOPMENT DIRECTOR
CITY "^Tn CERTIFICATION
Approved this day of by the City of Wheat Ridge
City r Z°'e....eil
cr'7a=°r=•
ATTEST:
City Clerk
Mayor
16
CITY SEAL
COUNTY CLERK AND RECORDER'S CERTIFICATE
This document accepted for filing in the office of the County Clerk and Recorder of
Jefferson County at Golden, Colorado, on the day of
AD, in Book , Page , Reception No.
JEFFERSON COUNTY CLERK AND RECORDER
By: Deputy
4. Final development plan review Review procedures:
a. Staff review. Upon filing of an application and other required documents, the
community development staff will refer copies of the plans to affected
departments and agencies for review. All comments shall be forwarded to the
applicant so that necessary revisions may be made by the applicant prior to final
approval.
b Planning « fearing planning a aal 1 old a-publ1e
hearing ptirsuant to the reqWfements of seetion 26 109. The planni
shall reeemnwnd 4 'ty eemeil approval, approval 'ti .7'4 fior denial
rating the reasons for action.
requir,emepAs of section 26 109. City eouneil shall approve, app
adi fieatio a« ,ia«., tl,e ..««l:..ation
rove
b. The community development director shall approve a planned
development final development plan based on the following criteria:
1. The proposed final development plan conforms (up to
10% of gross floor area) with the approved outline development plan
and incorporates all recommended changes, modifications and
conditions approved by the outline development plan.
2. The proposed final development plan is consistent with
the permitted uses on the approved outline development plan.
3. The proposed final development plan meets the
requirements of an FDP.
4. The proposed final development plan complies with all
applicable standards and regulations of Chapter 26 and the
Architectural and Site Design Manual, unless modified through the
outline development plan process.
c. The community development director may approve, deny or approve the
proposed final development plan with conditions. If the applicant objects to
17
conditions of approval, the applicant may appeal the decision to district
court within thirty (30) days of the decision.
d. Recordation. All approved final 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 staff within sixty (60) days of
eeuneips the community development director's final acfien approval. Should
a recordable approved final development plan not be provided to the staff City
within sixty (60) days of final action, the community development
staff shall schedule apublic hearing before eity eil and eity , eil S WI
reconsider its previous 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 good cause for not meeting the sixty-day deadline.
5. Expiration of final development plan approvals; reapplication.
a. Construction shall commence in accordance with the development schedule
specified on the recorded final development plan.
b. Extension of the development schedule specified on a recorded final
development plan shall require amendment to the final development plan.
c. A new application for substantially the same development application may not
be refiled for one (1) year after denial.
Sec. 26-309. Application of standards.
A. Detailed specifications and standards which should have been set forth on an
approved outline and final development plan, 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 final 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 final
development plan.
C. If the outline and final development plan does 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 determination pursuant to the provisions of section 26-115.
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
18
standards on the recorded outline development plan. This provision does not apply to
requirements listed under article IV Subdivision Regulations.
F. To vary from the minimum development standards established on a recorded outline
development plan, an amended outline development plan is required when the variance is
less than the established minimum. No amendment is required if the variance is greater
than the established minimum standard.
G. To vary from the standards set forth on a recorded final development plan, an
amended final development plan is required when the variance is less than the established
minimum. No amendment is required if the variance is greater than the established
minimum standard.
Sec. 26-310. Binding upon successors and assigns.
All approved development plans shall be binding upon the owner(s), their successors and
assigns, and shall limit the development to all conditions and limitations established in
such plans, and as may be contained in separately recorded agreements, covenants,
condominium declarations, etc., which were approved by city council as part of a planned
development approval.
Sec. 26-311. Amendments to development plans.
A. The procedures and requirements for amending an approved development plan
(outline or final) shall be the same as prescribed for original approval, except as provided
for under subsection (9) (C) below. All applications for amendment to an outline
development plan must be approved in writing by all 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. All applications for amendment to a final development plan must be approved
in writing by all owners of real property and owners of interest contained within the
parcel or phase of the planned development where the amendment is being requested. 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 changes.
Changes to the underlying outline development plan will be processed the same as
prescribed for original approval if any one of the following is proposed:
1. Increase in the gross floor area of structures of ever ten (10) Pere ' beyond
the authorized maximum allowed with on the approved outline planned
development plan. but net to exceed ;......,.ease of ten thousand (10,000) s"e
feet
2. Proposed land uses are not permitted on the approved outline
development plan.
3. Increase in density or intensity of use.
19
B, C. Final development plan changes.
Any change or amendment to a final development plan will be processed in the
same manner as prescribed for the original approval. At no time can an
amendment to a final development plan result in any increase to a maximum
development standard or any decrease to a minimum development standard
listed on the outline development plan, or result in a use which is not permitted
on the outline development plan. If any of these conditions occurs, the outline
development plan must be amended as described in this subsection.
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l
d
~ms s e F
n,~n~n ed. el.
et
ethan ten(1M
o
o
e
e
an
area
1t.
C. D. Any changes or revisions e€-a to an outline or final development plan which
are approved, either administratively or by city council action, must be recorded
with the Jefferson County Recorder as amendments to the original recorded
development plan subject to the deadline provisions of section 26-308.D.4.d.
Section 7. Sections 26-106 (Review Process CI%art2 is hereby amended as follows:
Sec. 26-106. Review process chart.
20
TABLEINSET:
Pre-Application
Final
Approval
Requested
URPC
Notes
Staff
Neighborhood
Staff
PC
CC
BOA
Planned
Development:
ART
Outline
x
X
H
H
URA
III
Development Plan
(ODP)
Planned
Development:
Final
X
A
URA
ART III
Development Plan
(FDP)
Planned
Development:
ART
Outline
x
X
H
H
URA
III
Development Plan
Amendment
Planned
Development:
Final
X
A
II-
41-
URA
ART III
Development Plan
Amendment
Section 8. Sections 26-504 and 26-505 are hereby repealed in their entirety.
Section 9. Safety Clause. The City Council hereby finds, determines, and
declares that this ordinance is promulgated under the general police power of the City of
Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and
that this ordinance is necessary for the preservation of health and safety and for the
protection of public convenience and welfare. The City Council further determines that
the ordinance bears a rational relation to the proper legislative object sought to be
attained.
Section 10. Severability; Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise
invalid, the validity of the remaining section, subsections and clauses shall not be
affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
21
Section 11. Effective Date. This ordinance shall take effect days after
final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
to on this day of 2007, ordered published in full in a
newspaper of general circulation in the City of Wheat Ridge and Public Hearing and
consideration on final passage set for , 2007, at 7:00 o'clock p.m., in
the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final
reading by a vote of to , this day of 12007.
SIGNED by the Mayor on this day of 2007.
JERRY DITULLIO, MAYOR
ATTEST:
Michael Snow, City Clerk
APPROVED AS TO FORM BY CITY
ATTORNEY
GERALD DAHL, CITY ATTORNEY
1st Publication:
2nd Publication:
Wheat Ridge Transcript
Effective Date:
22
City of Wheat Ridge
ARCHITECTURAL & SITE DESIGN MANUAL
Revised December 2006
Under the authority granted by Section26-222.13 of the Wheat Ridge Code of Laws the Architectural and
Site Design Manual (ASDM), originally adopted on 26 February 2001 is amended jointly by the Director of
Community Development and Public Works Director.
Exhibit 2
Wheat Ridge Architectural and Site Design Manual
Acknowledgements
Wheat Ridge Architectural and Site Design Manual
1 INTRODUCTION
The Architectural and Site Design Manual (ASDM) for the City of Wheat Ridge covers a variety of
elements that will establish a clear blueprint for site development and architectural standards for
commercial, industrial and multi-family structures. The Manual contains goals, principles and examples
which will provide consistent yet flexible design guidelines for the City of Wheat Ridge.
A. Background: The Historical Context of Wheat Ridge's Character
Wheat Ridge had its origins in the silver and gold rush days of Colorado in the late 1800's. Miners traveled
back and forth between Golden, Blackhawk and Central City through what is now the City of Wheat Ridge,
to Denver. Eventually, farmers settled Wheat Ridge and the routes between Denver and points west became
established as the main thoroughfares we know
today. Wheat Ridge became an incorporated City in
1969. y as
Wheat Ridge, like many satellite suburban
communities, does not have an historical main
street or town center. Residential development
radiated out from Denver and the commercial
activity developed along the main thoroughfares.
Today these thoroughfares remain as Wheat
Rt mmerct W. 38th
Av
W. 4
venu
herid
oulev
_
Wa
orth Bo
d
pling
an
eet
ThWheat Ridge float in a 1914 parade along arz
e
Yo
teld St r eet.
v
ener streeesca e.
Th
ty's suburb
evel
eat
ern has cr
A
nd eclec harac r in the co ity. On
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t side of
eat
a de
ment f
itional ver urban grid p The
dev
ment p
eas t o
adswo
oulev
de and c act and the strucmr a older.
Wadsworth, the pattern became
more suburban with curved
streets, cul-de-sacs and lower
density development. Farther to
the west, agricultural uses and a
rural setting and density remain.
Historically, many of the
commercial corridors were
pleasant, tree-lined country lanes
with smaller scale neighborhood-
oriented retail shops. The
proliferation of automobile travel
as the main mode of
transportation was at odds with
creating pedestrian-friendly and
pedestrian oriented
developments. The suburban
development pattern moved
buildings from the street edge
and placed large parking lots
between the building and street.
2: An aerial view of Wheat Ridge's core commercial areas (Wadsworth Blv<
38`s Avenue) showing the predominance of individual buildings surrounded
Wheat Ridge Architectural and Site Design Manual 3
What were once small-scale buildings with intimate settings are now disorganized streetscapes dominated
by parking lots, over-scaled signs and under-utilized or non-existent sidewalks.
Wheat Ridge's commercial corridors provide many benefits to the City and surrounding neighborhoods.
These corridors serve as gateways into the City and establish the image of the City. They provide service,
shopping, dining, cultural and entertainment opportunities for
residents of the adjacent neighborhood, the city and the region. MOM
Business activity along these corridors provides a significant tax base for the City. The corridors can either connect or separate the residential neighborhoods and add to a sense of community
pride. B. Purposes of the ASDM
The City's current zoning code is to a large degree focused on
"Greenfield" development - development of open land. The size
of properties and proximity of the commercial corridors to
residential neighborhoods is not conducive to Greenfield
[Fig. 3: Wheat Ridge's first post office, now preserved in
he Wheat Ridge Historical Park
development. Today, the major development opportunities in
Wheat Ridge's commercial areas are redevelopment-oriented, making many aspects of the current zoning
It to a
;hite
al
and
W Design Ma
N"W
SD M) is to
vide more effectiv
sign and
the
gn
ysicappe
A-nW c
Wheat Ri
s maj r commerci
dustrial
enti
(
nd street mag
If this p
Ifilled, Wh
Ridge's
will
o
attracts
ful and
eaRi ge will bec
a more
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de
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uality d
n and planning wi
ovide a
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e
ncrease evenue to
ity.
standards and procedures of this manual will also:
• Bring about greater consistency and predictability in the City's design review process
• Build upon and amplify the rules and regulations of Chapter 26 Zoning and Development of the
Wheat Ridge Code of Laws
• Implement the directions outlined in the City's Neighborhood Revitalization Strategy
The ASDM is not intended to preclude an individual planner or architect's creativity. This Manual presents
important, but general, design concepts. It is intended to address site and architectural design; two aspects
of development which have been largely ignored in the City of Wheat Ridge.
This Manual should be used in concert with Chapter 26 of the Wheat Ridge Code of Laws. This Manual is
not intended to be all inclusive; many aspects of site development have not been addressed. Where the
Manual is silent, the Zoning Code should be consulted. It is intended that the Zoning Code will be amended
to follow a form-based format, and this Manual will continue to provide consistent site and architectural
design guidance.
There are several subareas within the City which address future development for a particular area of the
City. These subareas are unique in character, and present different development and redevelopment
opportunities. Subarea plans have been created for these subareas; plans which act as a blueprint for growth
in the subareas. In addition to these subarea plans, a comprehensive plan also exists which" provides
guidance for future development City-wide. Subarea plans may suggest or recommend inclusion of an area
Wheat Ridge Architectural and Site Design Manual
into one of the overlay districts shown on Figure The requirements of this Manual may be modified in
specific areas of the City through additional overlay zones.
The Manual contains photographs and illustrations which should provide direction and clarity. Where the
text in the Manual and graphics conflict, the text shall control.
C. Overall Goals of the ASDM
1. Encourage creative site and building design which in mm creates unique and sustainable places.
2. Major commercial areas and associated streets should be planned and designed to balance traffic needs
with those of pedestrians and adjacent land uses.
3. Buildings and landscaping should contribute to the physical definition of streets and sidewalks as civic
places.
4. The design of buildings should acknowledge that the uses within buildings may change over time, while
the form of the building and its relationship to the street is more enduring. Therefore the placement,
form and design of buildings are integral and important aspects of regulating community development.
5. New buildings and streetscape should relate to any positive established character of existing buildings
and streetscape design elements.
Wheat Ridge Architectural and Site Design Manual
6. Enhance pedestrian oriented activity by providing a consistent edge to the street and sidewalk in order
II APPLICABILITY
A. Review Process
All development within the Architectural and Streetscape Overlay Districts other than single-family and
two-family homes shall be subject to the standards contained in the ASDM as well as the underlying zoning
for the property. This Manual shall also apply to "major additions", as defined in Section V, Definitions. In
the instance of major addition, regulations will not apply where infeasible. For example, if a major addition
occurs to a building in the traditional area, and the existing building is located 50 feet from the front
property line, the addition need not comply with the build-to area requirement as it would be nearly
impossible. This shall not be construed to mean that none of the regulations apply for major additions. This
Manual is intended to be used as a supplement to the regulations listed in Chapter 26 of the Wheat Ridge
Code of Laws (Zoning & Development). Where this Manual and the regulations of the Code of Laws are in
conflict, this Manual takes precedence.
In these standards the words "shall", "is" and "are" indicate required provisions; "should" indicates
recommended provisions (guidelines); and "may" indicates optional provisions. To the extent that an
approved site development application includes additional conditions or specific plan or design details, the
requirements of approved site development application shall be in addition to those set forth in the ASDM.
Terms used throughout the ASDM shall be accorded their commonly accepted meanings or as defined in
Section V, Definitions. In the event of conflicts between these definitions and those of the Wheat Ridge
Code, those of the ASDM shall take precedence for projects with the jurisdiction of the ASDM.
discuss
provide
de staff
1. At the Pre-application Meeting the applicant will be invited to participate in a discussion with the DRC
regarding the applicant's submittal. The DRC will provide assistance to the applicant by helping to
interpret the goals, principles, guidelines and standards in the ASDM. If the DRC determines that
major adjustments to the Conceptual Design Plan are required, or that additional DRC review is
necessary to provide adequate direction to the applicant, a follow-up Pre-application Meeting may be
required.
2. The DRC will produce a written record of the pre-application meeting and provide such to the
applicant(s) or agent of the applicant(s).
3. Subsequent submittals (e.g. Land Use Applications or Building Permit Applications) shall be consistent
with the advice and direction given at the pre-application meeting.
B. Pre-Application Meeting Submittal Requirements
The following information must be submitted to the DRC prior to the Pre-Application Meeting:
1. Contact Information
• Project title and location
• Request (include applicable approvals sought)
• Examination of and written response to the Design Principles listed below in Section C
• Date of submittal to the DRC
Wheat Ridge Architectural and Site Design Manual 6
• Preparer contact information
2. Site Plan
The site plan should contain existing and proposed conditions of the entire development property, drawn to
scale, showing at minimum the following detail:
• Location of required setbacks for buildings and parking;
• Location of all driveways, parking areas, loading areas and pedestrian walkways;
• Location (footprints) of existing and proposed structures with entrances identified;
• The location and type of any outdoor storage or trash disposal facilities;
• Location and dimensions of all signs including setback dimensions;
• Location, size, and number of parking spaces to be provided, including handicapped spaces.
3. Conceptual Architectural Plans
• Preliminary elevations of any proposed structure(s) with notations as to the types of materials and
colors to be used;
• Preliminary elevations of any accessory appurtenances such as dumpster enclosures.
leci us), screen
the
The following design principles shall be incorporated into each new commercial, industrial or multi-family
residential building or any major addition to any existing commercial, industrial or multi-family building.
Upon submittal for pre-application meetings, land use applications or building permits, the applicant shall,
in writing, respond to each one of these design principles and explain how each principle is being met. The
Design Review Committee shall determine compliance with the design principles.
These design principles are broad goals to be achieved with development or redevelopment. The language
relating to these design principles is somewhat nebulous. For example, commercial/industrial design
principle number 2 states that "building design shall contain significant interest". The term "significant' is
not quantifiable. The design standards listed in section III strive to further define each design principle,
complete with diagrams and examples. By following the design standards in section III, the design
principles will be achieved.
Compliance with these design principles must be achieved to gain DRC approval of the site and building
design. It should be noted that in most land use cases, the DRC is not the decision making body that
approves an application. This Manual contains design standards which must be incorporated into the site
and building design. Except where otherwise noted, these standards are mandatory and are located in
Section III of this Manual. Graphic examples can be found in Section III of this Manual.
Wheat Ridge Architectural and Site Design Manual
Commercial/Industrial Design Principles
1. Create a pedestrian travel system similar to a roadway network into, across and through the site. A
connected, continuous pedestrian sidewalk system will make pedestrian activity more convenient
and prevalent.
2. Building design shall contain significant interest, level of detail and human scale. Where these
elements are present on adjacent buildings and/or properties, building architecture and design shall
be consistent with surrounding buildings.
3. Development or redevelopment shall minimize impact to surrounding properties.
4. Incorporate well designed landscaping which establishes a buffer between incompatible uses and
clearly defines a street edge.
5. Site design shall foster both pedestrian and automobile traffic and safety, and shall include unique
amenities and a level of interest to patrons and passers-by.
6. Parking areas shall be de-emphasized and made less prominent.
7. Signage shall be well designed and located strategically so as to lessen the impact of advertising.
Multi-Family Design Principles
1. Provide an ample amount of usable open space for residents to congregate in a central, convenient
The site design shall contain an ample amount of visual interest and avoid monotony or a
"formulaic" design.
D. Varying From the Requirements
The requirements listed in this Manual shall not be completely waived. The requirements are structured in a
manner to provide some latitude for site and building design. Only a few requirements are exact; the build-
to area or specific buffering requirements for example. For these `exact' regulations, and only these `exact'
regulations, the variance process in Section 26-115 of the Wheat Ridge Code of Laws applies. A variance
cannot be processed for anything specifically prohibited in this Manual. For instance, a requirement exists
which prohibits parking between the building fagade and front property line in the urban areas. This is not
eligible for a variance.
Wheat Ridge Architectural and Site Design Manual
6. Parking areas shall be located in safe, convenient locations for residents and guests.
III. DESIGN STANDARDS
The following mandatory design standards shall be incorporated into each new commercial and industrial
site and building, as well as each major expansion of any existing commercial and industrial buildings.
Major expansion is defined in Section V (Definitions). Each mandatory design standard relates to the design
principles listed in Section 11 C. Compliance with these mandatory design standards will help ensure
achievement of the design principles. The design principles are reiterated to show relevance and context
with the site and building design standards.
A. CommerciaVIndustrial Design Standards
Principle Create a pedestrian travel Ustem similar to a roadway network. A connected continuous
pedestrian sidewalk system will make pedestrian activity more convenient and prevalent.
1. The streets, bikeways, paths and trails of adjacent neighborhoods shall be extended into the proposed
development. Although connectivity is important, traffic calming measures may be used to discourage
short-cuts and diverting high volumes of traffic through adjacent neighborhoods.
2. Continuous, wide pedestrian sidewalks shall be provided between buildings to promote a safe, pleasant
and c uity of
buildilff Shared
comnE parking
Fig. 7. Interconnected parking lots and drive aisles with continuous sidewalks make
this example pedestrian friendly.
Wheat Ridge Architectural and Site Design Manual
4. In the traditional areas as shown in Figure the area between the fagade of the building and the
property line shall be reserved for pedestrian activity, outdoor seating or plazas and/or landscaping.
5. Pedestrian entries into buildings shall face the adjacent street. All facades of buildings facing any street
or public space shall provide a level of finished architectural quality appropriate to the public character
of that street or space. The entranceways shall be clearly defined and be prominently identifiable.
Fig. 8: This building is constructed to the build-to line at each street frontage. Only pedestrian activity occurs between the face of
the building and the right-of-way. The building entrance is clearly identified
Wheat Ridge Architectural and Site Design Manual 10
6. Pedestrian walkways shall be constructed to minimum industry standards. Detailed accents such as
brick, flagstone, scored or colored concrete shall be used at main entrances to delineate and accentuate
the pedestrian travel way to the building.
7. Pedestrian walkways shall be continued across driveways, drive aisles in parking lots and intersections.
At intersections, crosswalks with enhanced pavement are encouraged to provide for increased safety
and to add an aesthetic element to the streetscape.
Fig. 9: Photo of pedestrian paving
Wheat Ridge Architectural and Site Design Manual 11
Principle: Building design shall contain sigriificant interest, level of detail and human scale. Where
appropriate building architecture and design shall be consistent with surrounding buildings.
1. A building entrance of finished architectural quality shall face an adjacent street. All facades of
buildings facing any street or public space shall provide a level of finished architectural quality
appropriate to the public character of that street or space. Buildings shall have at least one significant
pedestrian entry (used singly for one use or jointly for several uses) that faces the street or public way.
Individual ground floor shops within a building should have a direct pedestrian entry. The primary
entry of a building and/or its shop front shall be emphasized through changes in wall plane or building
massing, differentiation in material and/or color, greater level of detail and enhanced lighting as well as
permanent signage.
2. Building facades that face a public street or plaza shall have at least one variation in plane depth (a
minimum of four feet) for each every 50 linear feet for the length of the fagade. Canopies, awnings or
other non-permanent features will not count solely as a variation. Such a variation may be
accomplished by recessed entries, porticos, upper level step-backs, dormers, or any of the following
offsets in the general plane of the fagade: columns, pilasters, protruding bays, reveals, projecting ribs,
balconies, and cornices or eaves.
3. Building facades shall be designed to provide a human scale. Human scale and detail shall be
incorporated into fagade design by the use of at least three of the following methods:
expression
Wheat Ridge Architectural and Site Design Manual 12
4. All building facades shall have one change in materials for each 10 feet (and portion thereof) of wall
height. A change in material must be at least two feet in height. Masonry patterns, such as headers or
rowlocks can count as a change of materials. Windows, canopies and doorways will not count as a
change in materials.
5. Buildings shall be constructed of durable materials, such as brick, stone, integral colored textured
concrete block, stucco, synthetic stone and masonry materials. Corrugated metal panels, plywood
paneling, un-articulated large format concrete panels, exposed raw concrete and vinyl siding are not
allowed. Architectural metal and smooth faced concrete masonry units (C.M.U.) may be used as an
accent, but shall not constitute more than 20% of any fagade.
6. The character of new development should relate to, and use the positive examples as design resources
from the surrounding neighborhood, street patterns, and neighboring structures. The character of the
surrounding neighborhood shall be established by the existing facades, building footprint, building
materials, rooflines, and windows/doorways. A redevelopment should honor the basic patterns and
architectural themes of nearby existing development. The materials and form of any addition to an
existing building shall relate to the existing building. Buildings that express a standardized corporate
identity are discouraged.
Wheat Ridge Architectural and Site Design Manual 13
The transparency of ground floor facades facing any street or pedestrian way, regardless of distance,
shall be at least 60% and not more than 85%. Transparency shall be calculated as the percentage of the
ground floor elevation as measured from the finished grade at the base of the wall, to the second level
finished floor elevation. Transparent doors may count as part of the transparent area. Window mullions
may be included in the transparent area calculations. However, structural elements may not be
included in the transparency calculations. Opaque or reflective glass shall not be included in
transparency calculations. If glass display cases are used, they must give the appearance of windows (at
least 2' deep) and should be maintained with items of interest. For comer lots, the minimum percentage
of transparency can be allocated from one street fagade to another. At no time can the percentage of
transparency on a street frontage by below 30%.
8. Opaque (solid) storefront security closures (rolling doors, etc.) that block the views into a building are
not allowed.
9. For building facades longer than 200 feet, at least 1 major identifying object shall be incorporated into
the building design. A major identifying object would include a cupola, rotunda, spire, dome, clock
tower or similar architectural feature which creates visual interest.
Fig. 12: This example contains a major identifying object and 60% transparency on two elevations which face a street frontage.
Wheat Ridge Architectural and Site Design Manual 14
10. For buildings located in the traditional areas, at least 60% of the primary street frontage must be
occupied by the building fagade. For example, on a primary street frontage where a lot is 100 feet long,
at least 60 feet of building footprint must be constructed in the build-to area. The remaining 40% may
be used to access parking in the rear. For corner lots, this requirement can be reduced to 50% on the
primary frontage with at least 25% of the secondary street frontage occupied by the building fagade.
For smaller lots, the ability to access the parking in the rear must be maintained. At no time shall this
requirement preclude the establishment or maintenance of a drive aisle to access the side or rear of the
building.
11. For buildings located in the contemporary areas, at least 40% of the primary street frontage must be
occupied by the building fagade. For example, on a primary street frontage where a lot is 100 feet long,
at least 60 feet of the building footprint must be constructed in the build-to area. The remaining 60%
may be used to access parking in the rear. In the instance of a corner lot with more than one street
frontage, the build-to area shall be established at the primary street frontage (area of main entrance).
The required setback at the secondary street frontage shall be consistent with the applicable zone
district in which the property is located. The requirements for maintaining the sight distance triangle as
defined in Chapter 26 of the Wheat Ridge Code of Laws shall be followed and observed. For smaller
lots, the ability to access the parking in the rear must be maintained. At no time shall this requirement
preclude the establishment or maintenance of a drive aisle to access the side or rear of the building.
Wheat Ridge Architectural and Site Design Manual 15
Principle: Development or redevelopment shall minimize impact to surrounding properties
1. All loading, equipment and service areas shall be adequately screened and located towards the rear of
the building.
2. All rooftop equipment and trash areas shall be screened from view so as not to be visible from the
property line viewed from ground level. Screening elements and/or enclosures shall be composed of
forms, materials and colors that are either an extension of the building's exterior form, material and
color palette, or neutral forms, materials and colors designed to minimize their visual impact. All trash
areas shall be incorporated into the building design and screened with full wall enclosures or wing-
walls.
Wheat Ridge Architectural and Site Design Manual 16
The edges of new and existing commercial development shall provide a safe, quiet and visually
pleasant transition to adjacent residential neighborhoods. Larger buildings should be located adjacent
to commercial corridors and transition to smaller buildings closer to residential, low-density
neighborhoods. Landscape and architectural treatments such as screen walls may be used as edge
buffers.
4. There shall be a transition between incompatible uses on adjacent properties. The transition may
include locating the building away from the dissimilar use, transitioning the building height to minimize
impact or increasing landscape buffering.
5. Particular care shall be given to ensure development will not adversely impact the supply of light to
adjacent properties, nor shall large shadows cast on adjacent properties. The height of any new building
or major addition shall be of the same scale as adjacent buildings.
Wheat Ridge Architectural and Site Design Manual 17
Fig. 15: The commercial buildings transition to the residential structures. The forms and heights of the commercial structures decrease with
proximity to residential structures.
Principle: Incorporate well designed landscape which establishes a buffer and clearly defines a street
edge.
1. Except in traditional areas as shown in Figure a minimum 10-foot landscape area must be
established behind the right-of-way on all street frontages. Street trees shall be planted within this
landscape strip consistent with the standards located within Chapter 26 of the Wheat Ridge Code of
Laws.
2. A minimum 10-foot landscape buffer must be established between any parking areas and any adjacent
property which contains a residential use. The buffer can be reduced to 5 feet if a six foot fence is
installed on the property line. This shall not apply to drive aisles or drive through lanes.
Wheat Ridge Architectural and Site Design Manual 18
3. The space between adjacent buildings shall be minimized, clearly defining a continuous building
fagade. In these instances, the buildings shall meet all applicable fire and building codes for fire
resistant construction.
Fig. 17: These multiple buildings create a continuous building faVade and defined street edge, making the area more pedestrian
friendly.
Wheat Ridge Architectural and Site Design Manual 19
Principle: Site design shall foster both pedestrian and automobile traffic and safety and shall include
unique amenities and a level of interest to patrons and passers-by.
Two of the following techniques must be used:
Plazas, courtyards and arcades are strongly encouraged in all commercial areas. Buildings should
be placed to enclose courtyards or plazas on at least three sides. These features shall be located
directly adjacent to sidewalks which access the right-of- y
way and may contain seating areas, open eating areas, III f 9
landscaping, public art and fountains. These areas shall
count towards the minimum landscaped area required
by the Code of Laws.
Seating may include benches, movable chairs, seat walls
and planter walls. Seating opportunities will encourage
additional pedestrian use of the streetscape areas.
Benches and movable chairs are a simple way to help
establish the identity of the community along the street.
Fig.18: Typical courtyard creates a public
gathering space.
Only approved art objects may be located in the public right-of-way. Private art objects must be
located on private property in settings that will not interfere with pedestrian or vehicular
movement. Art objects should not compete with or impede views of adjacent storefronts.
Wheat Ridge Architectural and Site Design Manual 20
The following are all required elements of site design:
• Front parking lots shall be interconnected so as to allow continuous vehicle passage without re-
entering the street.
• Generous sidewalks at the store fronts shall be connected to on-street sidewalks at each end of the
"front door" parking setback condition.
• Continuous, wide pedestrian sidewalks shall be provided between buildings to promote a safe,
pleasant walking environment.
• Parking lots and drive aisles shall be arranged to maximize the connectivity and continuity of
pedestrian walkways and minimize the distances pedestrians must travel between buildings.
Fig. 19: These properties have interconnected walkways and parking areas. Property divisions are obscured creating a strong
pedestrian environment.
Wheat Ridge Architectural and Site Design Manual 21
Principle- Parking areas shall be de-emphasized and matte less prominent.
1. In traditional areas, parking shall be located to the side or rear of the building. If a building is located
on a comer lot, any parking located adjacent to the secondary street frontage must be behind the
midpoint of the wall facing the secondary street frontage.
2. Parking access drives shall be consolidated to minimize curb cuts and minimize breaks in the storefront
facades.
3. In non-traditional areas surface parking and drives are allowed between a public street and a building
facade when screened from the street by either a low wall and/or landscape buffer of at least ten (10)
feet in width. If a landscape buffer is utilized, trees and shrubs must be planted to further soften the
parking edge.
4. Except where separated by buildings, all parking lots must be interconnected to allow users to circulate
without having to re-enter a street.
5. While parking lots must accommodate the required parking for any use, parking lots shall be divided
into smaller segments and should be generously planted with shade trees. Large, open parking areas are
to be avoided.
Primary Street Frontage
wall
ac
rn
R
c
d
h
H
e
0
u
Fig. 20: An eaurnple of a parking area on a comer lot in a
traditional area The parking is located behind the midpoint of
the building wall adjacent to the secondary street frontage.
Wheat Ridge Architectural and Site Design Manual 22
6. Shared parking is encouraged for traditional overlay areas and developments with limited parking
availability. Shared parking recognizes that various uses utilize parking to different degrees throughout
the day. Shared parking is calculated using the Sharing Factor Matrix below (Fig. 22). In the event of
mixed-uses, the actual parking required is calculated by adding the total number of spaces required by
each separate function and dividing the total by the appropriate factor from the Sharing Factor matrix.
For example: If the residential function requires 10 spaces and the office portion requires 12 spaces,
independently they would require 22 spaces, but when divided by the sharing factor of 1.4, they would
require only 16 spaces. A second way to use the sharing factor is, if there is a total of 22 spaces
available on the site, multiplying this by the factor 1.4 produces the equivalent of 30 spaces. Building
uses may be sized to a functional density corresponding to 30 parking spaces. (Note: When three
functions share parking, use the lowest factor so that enough parking is assured.)
Where possible, on-street parking may be counted towards the required parking counts. On street
parking shall not be allowed on State highways, arterials or in locations where the street width cannot
accommodate the parked vehicle. When adjacent to City-owned parking lots, parking may be
accommodated in a City-owned parking lot.
Shared Parkin Facto
r
Residential
Lod in
Office
Retail
Residential
Lod In
t ~a,'L~.n1;„i d ~a
1A,'
. 1-z9 Y .
17.2
b vtt1.3 '`uYy
Office
Retail
I Fig. 22: Shared Parking factor table
Wheat Ridge Architectural and Site Design Manual 23
Principle: Signage shall be well designed and located strategically so as to lessen the impact of
advertising.
1. Innovative and unique signs and graphics are encouraged.
2. The structural support of projecting signs should be integrated into the design of the sign, either by
being simple and inconspicuous, or by being creative in the use of structural elements, lighting, color
and materials.
3. Projecting signs should not be located closer than twenty-five (25) feet apart unless the signs work
together to make a unified and compatible design or the sign group is integral to the building
architecture, reinforcing a significant building feature such as a primary entry.
4. Projecting signs are allowed and encouraged in the urban areas. There is no setback from the right-of
way for projecting signs. Encroachments into the right-of-way are permitted provided the appropriate
approvals from the City are granted.
5. Consolidated monument signage is encouraged in multiple use developments. Monument signs are
required for new development, and
must be located within a landscaped
area. Pole signs are not allowed with
new development, unless the
development is located within 1/a mile
of the interstate and a highway
oriented sign is proposed.
6. The materials of a freestanding sign
should be the same as, or closely
related to, the materials used on the
building to which the sign is related.
Wheat Ridge Architectural and Site Design Manual 24
7. Building wall signs should fit within the architectural features of the fagade (e.g. not overlapping
columns or covering windows), and complement the building architecture. Wall signs may extend
beyond physical lease space.
Wheat Ridge Architectural and Site Design Manual 25
10. Sign faces shall be of a darker hue with light colored text.
B. Multi-Family Residential Design Standards
Principle: Provide an ample amount of usable open space for residents to congregate in a central,
convenient location.
1. At least 10% of the property must be dedicated to open space for use by the residents and tenants of
any multi-family development. The open space shall be usable and contain amenities for play or
congregation. Acceptable amenities include play structures, picnic tables, benches, sporting areas such
as soccer goals, tennis courts or basketball courts. These areas must contain irrigated sod or
comparable landscaping equivalent.
2. Detention areas may be used as open space provided these areas are improved properly. The design of
the detention/open space shall not allow standing water.
Wheat Ridge Architectural and Site Design Manual 26
Principle: Building design shall contain significant interest, level of detail and human scale. Where
appropriate, building architecture and design shall be consistent with surrounding buildings.
1. For buildings with one entrance to many units, the public entries shall have pedestrian connectivity into
the site from adjacent streets. For buildings with multiple entrances, pedestrian connectivity shall be
provided to each main entrance at each ground floor unit. All facades of buildings facing any street or
public space should provide a level of finished architectural quality appropriate to the public character
of that street or space. Buildings should have at least one significant pedestrian entry (used singly for
one use or jointly for several uses) that faces the street or public way. Individual ground floor units
within a building should have a direct pedestrian entry. The primary entry of a building should be
emphasized through changes in wall plane or building massing, differentiation in material and/or color,
greater level of detail and enhanced lighting as well as permanent signage.
2. Building facades should be designed to provide a human scale. Human scale and detail should be
incorporated into fagade design by the use of at least three of the following methods:
• reveals
• belt courses
• cornices
• expression of a structural or architectural bay
concrete block, stucco, synthetic stone, vinyl siding and masonry materials. Corrugated metal panels,
. , plywood paneling, un-articulated large format concrete
panels, and exposed raw concrete are not allowed. Architectural metal and textured smooth faced
concrete masonry units (C.M.U.) may be used as an accent, but shall not constitute more than 20% of
any fagade.
Wheat Ridge Architectural and Site Design Manual 27
4. Buildings shall be constructed of durable materials, such as brick, stone, integral colored textured
5. At least 25% of any visible <define visible?> fagade shall contain stone, stucco, brick or similar
resilient mortar building material.
Wheat Ridge Architectural and Site Design Manual 28
6. The character of new development should relate to, and use the positive examples as design resources
from the surrounding neighborhood, street patterns, and neighboring structures. A redevelopment
should honor the basic patterns and architectural themes of nearby existing development.
Principle: The site design shall contain an ample amount of visual interest and avoid monotony or a
formulaic" design.
1. If the development includes multiple main building structures, each structure shall be unique in size,
elevation height, shape, roof line and orientation to prevent a standardized site design. Nat s
Dormers -
should be used to break up simple roof
forms.
2. Building spacing and orientation shall vary between buildings.
3. Accessory buildings shall not be located in the front yard, or located in a build-to area in the traditional
or contemporary areas. If possible, detached garages or carports should be accessed from an alley or
rear drive. Individual and common storage areas (such as for maintenance equipment) shall be
considered in the initial design of the main structure(s) and incorporated into the design of the main
structure or garage.
Wheat Ridge Architectural and Site Design Manual 29
4. Detached structures shall be of the same building material type as the main structures.
Principle: Each fagade should have a significant number of porches, balconies and window openings.
Each entranceway to the building or unit shall be clearly defined.
1. For buildings with multiple exterior entrances to multiple units, each individual unit entrance must be
defined and must contain a variation in two of the following ways:
• Change in setback
• Change in height
• Change in materials
For buildings with multiple units served by one common entrance, there must be at least one change in
plane for each 50 feet of wall length. The change in plane can be accomplished by:
• Change in setback
• Change in height
• Change in materials
• Addition of porches/patios
Wheat Ridge Architectural and Site Design Manual 30
2. At least 25% of each elevation shall contain openings such as doors or windows. For example, if a
facade contains 1,000 square feet, 250 square feet of the fagade must be treated with openings such as
Principle: Parking areas shall be located in safe, convenient locations for residents and guests.
1. At least 33% of the supplied parking spaces shall be within carports or garages.
2. Detached garages and carports are not allowed within the front setback area, or if located in a
traditional or contemporary area, within the build-to area.
3. Sidewalks shall be provided from parking areas to the main entrance of each building. These sidewalks
shall form a network for pedestrian traffic.
4. The parking areas shall be well lit to provide security for owners, tenants and guests.
5. When multiple garages or carports are attached as one structure, there shall be a clear delineation
between parking stalls or garages. There shall be a minimum recess of 3 feet between each garage
space. The garage or carport structure shall have similar building materials to the main structure.
Wheat Ridge Architectural and Site Design Manual 31
6. The vehicular access garage doors on detached garages shall not face the primary street frontage.
IV. OVERLAY AREAS
The City contains three overlay areas: traditional, contemporary and suburban. These three areas are
identified on the map on page _ (Figure These areas are established to dictate placement of the
building as it relates to the street frontage. All of the design standards and principles apply in these overlay
areas.
A. Traditional Overlay
Traditional areas have a neo-traditional character - wide sidewalks are located in front of the storefronts,
strong pedestrian presence on the sidewalks, buildings are located much closer to the street and parking
areas are located behind or beside the building facade. These traditional areas are intended to be more
pedestrian oriented thereby creating more a vibrant, walkable environment, a precursor to mixed use. A
consistent street edge should be established in the traditional areas, with parking areas located in the side or
rear yard.
A 0-12 foot build-to area is established in the traditional areas. At least 60% of the linear measure of the
building facade which faces the primary street frontage must be located within this build-to area. A setback
as defined in the Wheat Ridge Code of Laws establishes a minimum line where a building must be located
behind. The build-to area establishes a twelve-foot window for location of the building facade in close
n front p*^^.`Where asetback dictates
the minimum distance a building may be located from the ''i."" IIIV
right=of-way, a build-to line dictates a window where the 1AA
dffTl1%TM fary street ffMM"%hall bl','0-20 feet for 50% 81'
the building facade which faces the secondary street frontage.
The requirements for maintaining the sight distance triangle as
defined in Chapter 26 of the Wheat Ridge
Code of Laws shall be followed and
observed. 1~
The percentage of buildings shall be
calculated by measuring all building
facades which face the primary street
frontage. Of this total, 60% of the
collective building facade measure shall
be located in the 0-12 foot build-to area.
Nothing in this section shall preclude
more than 60% of the collective building
facades from being located within the
build-to area.
Wheat Ridge Architectural and Site Design Manual 32
B. Contemporary Overlay
Contemporary overlay areas are intended to incorporate elements of the traditional areas while allowing
more flexibility in building placement. A 0.20 foot build-to area is established in the contemporary areas.
At least 40% of the linear measure of the building facade which faces the primary street frontage must be
located within this build-to area. In the case of multiple buildings on one single parcel, the build-to area
applies to the property as a whole. In this situation, 40% of the total sum of all building facades which face
the primary street frontage must be located within this build-to area. For instance, on a property which
contains multiple buildings with a total measure of 2,000 linear feet of building facades, 800 lineal feet of
building facade must be constructed within the build-to area. When multiple buildings are present, the
requirement for facades within the build-to area may be applied to many buildings, or one building. The
intent is not to require each building to be located within the build-to area.
In the instance of a corner lot with more than one street frontage, the build-to area shall be established at the
primary street frontage (area of main entrance). The required setback at the secondary street frontage shall
be consistent with the applicable zone district in which the property is located. The requirements for
maintaining the sight distance triangle as defined in Chapter 26 of the Wheat Ridge Code of Laws shall be
followed and observed.
The percentage of buildings shall be calculated by measuring all building facades which face the primary
street frontage. Of this total, 40% of the collective building facade measure shall be located in the 0-20 foot
build-to area. Nothing in this section shall preclude more than 40% of the collective building facades from
being located within the build-to area.
I It
C._ Suburban Overly
Suburban overlay areas are those areas which are not included within the traditional or contemporary
overt areas. Building placement in the suburban _overlay areas shall follow the required buildiapetbacks
as defined in the Wheat Ridke Code of Laws. If_redevelopment of a pro arty within the suburban overlay
area is requested where the building does not meet the required setbacks in the Code of Laws, the property
owner may ask for inclusion within either a traditional or contemporary overlay area, thereby reducing the
setback requirement on the primary street frontage. If the property does not meet the requirements for
inclusion into one of these areas, a setback variance may be requested, pursuant to Section 26-115 of the
Code of Laws.
D. Inclusion in an Overlay Area
Properties are shown in a particular overlay area (traditional, contemporary or suburban) in Figure .
Where a property owner wishes to include his or her property into another overlay area, a written request
must be submitted to the Director of Community Development requesting this inclusion. A property owner
can only request inclusion into an overlay area which is more intensive than the district his or her property
currently resides. For example, a property owner who owns a property shown in the suburban area may
request inclusion into the contemporary area, or from the contemporary area into the traditional area. A
property owner with a property in a traditional area may not seek inclusion into the suburban area.
Additionally, the Director can, at his or her sole discretion, include a property in an overlay area. A
property can be included into an overlay area based upon adjacency to other contemporary areas, recent
development trends or recommendations in an adopted subarea plan.
Wheat Ridge Architectural and Site Design Manual 33
V e DEFINITIONS
Amenity Zone
An area along the street curb where trees, planters, furnishings and lighting are arranged. This area typically
ranges from 5 to 12 feet in width. It usually replaces the tree lawn in more intense commercial
developments.
Architectural Bay
The area between two vertical elements, usually structural supports, that are usually spaced in repetition
Articulation
A juncture in the face of a building that generally provides relief in an otherwise flat surface
Attached Sidewalk
A sidewalk which is attached to the back of the street curb.
Belt Course
Usually referred to in masonry construction as a continuous row of a pattern of masonry around the fagade
of a building.
is
material
access to a4pjWtule
le the edg e[ the
the IlLnd and
a tree.
An area established adjacent to the primary street frontage where a building (or portion
located. The build-to area differs by overlay zone: traditional, contemporary and suburban.
Bulk
The three dimensional volume of a building
CDOT
Colorado Department of Transportation
Caliper
The diameter of the trunk of a tree measured 6 inches above the ground
Character
A viewer's impression of the elements which make up a particular composition of the landscape, trees,
buildings, space, furniture, materials and colors.
Commercial Infill
New construction of a building or buildings in a commercially zoned district.
Commercial Street
A street where the primary activity is to provide goods and services to the public. An area of shops, stores,
service businesses, and offices.
Wheat Ridge Architectural and Site Design Manual 34
Corner Lot
A lot which fronts at least two public streets
Curb Cut
Any break in the street curb for a driveway which provides vehicular access from the street.
Curb Ramp
A sloping area of the sidewalk which allows for access of people with disabilities, wheelchairs, pedestrians
and bicycles.
Detached Sidewalk
A sidewalk parallel, but not connected, to the street. Typically, detached sidewalks are separated from the
curb with a tree lawn.
EIFS
Exterior Insulating Finish System or a synthetic stucco building material.
Elevation
The exterior face of a building. The north elevation is the north side of the building (as seen by looking
south).
A
be
of a
Form
The three dimensional shape and structure of a building.
Groundcovers
Low growing plant materials which are typically used in place of turf in tree lawns and as foreground plants
in landscape shrub beds. Ground covers usually do not exceed 6" in height.
Hardscape
Exterior ground surface areas which are paved with some impervious material.
Human Scale
Proportions of elements that relate to the size of a human body.
Icon
A sign whose form suggests its meaning.
Luminaires
The light source of a light fixture. Typically located on poles or are wall mounted.
Mass
The exterior form and shape of a building.
Wheat Ridge Architectural and Site Design Manual 35
Major Additions
Development (or redevelopment) which increases existing building square footage by 50% or more.
Median
A raised island of paving or planting located in the center of the street dividing the two ways of travel along
a street.
Mixed-Use
A development that has a mixture of different uses within its boundaries. Mixed use developments typically
contain commercial on the ground floor and residential above, or if a one story building, commercial in
front with residential behind.
Mullion
An upright dividing bar in a window or screen.
Overlay Area
An area of the City designated to identify different build-to areas.
Pedestrian Lighting
Human scale lighting that provides special effects in pedestrian areas along the street. Typically, lighting
fixtures are pole mounted luminaries, lighted bollards or other low level light fixtures.
Residential Street
A street which provides access to primarily residential uses.
Reflective Glass
Glass that has a percentage of outdoor visible light reflectivity greater than 19%.
Reveal
A space or an indention in the surface of a building that separates materials or is used as an accent in the
field of the same material.
Right-of-way
The area of the street that is in public ownership. They area between private property and street is referred
to as the right-of-way.
Scale
The proportions of elements that relate to the street in relation to a human or automobile. Scale affects the
arrangement of streetscape elements to form spaces that are comfortable for pedestrians and drivers alike.
Secondary Street Frontage
Wheat Ridge Architectural and Site Design Manual 36
Public Frontage
The area between the back of curb and the ROW line.
The property line perpendicular to the primary street frontage. The secondary street frontage is only
applicable for lots with multiple street frontages.
Sidewalk
A paved surface expressly intended for pedestrian use.
Splash Strip
A paved strip along the back of the curb that provides protection for plant areas and tree lawns from
chemicals and sand spread on the street.
Step-out Strip
A paved strip along the back of the curb that provides an area for stepping out of vehicles parked along the
curb.
Streetscape
The landscape, pedestrian or other improvements within the public right-of-way. It is typically an area
between the curb and right-of way line, but it may be in some cases, within easements adjacent to the right-
of-way.
Street Furnishings
A variety of street amenities used within the streetscape
streets- Tvoical furnishinvc inch . benches, planters,
and
Light
are
Trees
spaced
Tree Lawn
The area between the back of the curb and the detached sidewalk.
Universal Design
Design that accommodates people with all ranges of physical abilities.
Xeriscape
An approach to planting design using established landscape and horticultural principles to reduce water
consumption and maintenance of landscapes.
Zero Lot Lines
Where no setback is required between the building and the property line.
Wheat Ridge Architectural and Site Design Manual 37
ent, most commonly used on commercial
BIBLIOGRAPHY
City of Wheat Ridge Zoning Ordinance, February 26 2001, City of Wheat Ridge.
Wadsworth Boulevard Corridor Transportation. Land Use and Design Plan, May 12, 1999, City of
Wheat Ridge.
Bibliographical Sketches. Early Settlers of Wheat Ridge, 1976, Researched by the Wheat Ridge
Historical Committee and the Wheat Ridge Centennial-Bicentennial Commission.
County Wide Transportation Plan. April 1998, A cooperative effort of Jefferson County, City of
Arvada, City of Broomfield, City of Golden, City of Lakewood, City of Westminster, and City of
Wheat Ridge, Colorado.
Standards and Guide for Traffic Control for Street and Highway Construction. Maintenance. Utift
and Incident Management Operations, September 3,1993, U.S. Department of Transportation,
Federal Highway Administration.
Part VI of the Manual on Uniform Traffic Control Devices (MUTCD) 1988 Education of MUTCD,
Revision 3, September 3, 1993, U.S. Department of Transportation, Federal Highway Administration.
Landscape Vocabulary, 1964, by Warner L. Marsh, Miramar Publishing Co., Los Angeles, California.
Wheat Ridge Architectural and Site Design Manual 38
A Planners Dictionary. 2004, by the American Planning Association, Planning Advisory Service
Report Number 521 & 522, Chicago, Illinois.
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
PLANNING COMMISSION on April 19, 2007, at 7:00 p.m. in the City Council
Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado.
All interested citizens are invited to speak at the Public Hearing or submit written
comments. The following case shall be heard:
Case No. ZOA-06-07: An ordinance amending Chapter 26 of the Wheat Ridge
Code of Laws regarding development review processes.
Kathy Field, Administrative Assistant
ATTEST:
Michael Snow, City Clerk
To Be Published: Wheat Ridge Transcript
Date: April 12, 2007
City of Wheat Ridge
Community Development Department
rn
tOR
Me morandum
TO: Planning Commission
FROM: Alan White, Community Development Director IN
SUBJECT: X-Process/Architectural Manual
DATE: February 7, 2007
As you may recall from a briefing last year, the "X -Zone" concept repeatedly referenced in the NRS
has evolved into the "X-Process" — our name for the package of development code changes and
Streetscape Manual revisions which will implernent the recommendations of the NR S to streamline
the development review process and create clearly defined standards and expectations for
development. The revisions to Chapter 26 were presented to Planning Commission previously;
those proposed revisions have not changed since the previous presentation. The proposed ordinance
and a summary chart is attached. As you may also recall, the proposed amendments to the
development regulations place the Streetscape Manual in a prominent position in all of our
development processes.
Attached is a draft copy of the proposed Architectural and Site Desog i 411anuaL
Description of the new Manual
Our analysis of the current Manual and our experience working with it for the past six years has lead
to a major transformation of the Manual. Sections have been re-organized, design principles have
been established, options to achieve the design principles have been included, redundant sections
have been deleted, and ill-defined or redundant processes have been eliminated. There is a lot of
good direction given in the current 11anual and many of the standards of the current .Manual have
been retained, but have been clarified with additional wording or graphics.
The revised Manual addresses both site and building design through the establishment of site design
and architectural design principles which must be addressed with any land use proposal or building
permit. Design standards have been included which, if addressed properly by the applicant, should
make the project comply with the design principles. In an effort to provide flexibility, the standards
have been created to provide a range of options in addressing a certain design principle. Graphics
and pictures provide further clarification of the design standards,
Applicants will know up front what is expected during the review process because conceptual design
review will begin at the pre-application stage of the review process. This eliminates a separate
process required in the current Manual.
Application of Standards
The Manual now addresses multi- family development (three or more units) in addition to
commercial and industrial development. Single- and two-family development is not subject to the
Manual, Design principles have been created for each category of development, although there is
some overlap between commercial/industrial and multi-family principles. Additional principles
were created to specifically address the different characteristics of cornmercial/industrial and multi-
farnily developments.
As with the current Manual, the commercial/industrial design standards will apply to all
commercially and industrially zoned property in the City. The multi-family standards will apply to
the multi- family zone districts — R-2A, R-3, and R-3A.
In addition, the Manual identifies "urban areas" applicable to certain areas of the City. These "urban
areas" are much like the "mixed -use" areas identified in the current Manual. (We haven't settled on
the exact name yet — we're still exploring "traditional neighborhood" or "main street" as the name
for these areas.) The mixed use areas in today's Manual were intended to establish areas where
"new urbanism" or "neo-traditional" design would be required in the City. "Urban areas" will
require that buildings are located closer to the street, the automobile and parking are de-eiriphasized
while the pedestrian is emphasized, and the scale and architecture of buildings provides a human
scale and visual interest.
It is envisioned that the new '*urban areas" will closely follow the mixed-use areas shown in the
Current Manual and a map of the areas will be included. We are also proposing a process for an
owner to add the "urban area"' designation to their property, Areas not identified as urban will still
be required to follow design principles and standards; the intent being to allow major commercial
developments like shopping centers sorne leniency with setbacks and parking. (Cabela's would be a
prinie example,)
The most noticeable change to the Manual is the omission of the improvements in the right-of-way.
The current Manual identifies items to be located in the right-of-way that create a uniform
streets appearance, The best example of the application of these standards is the pilot project on
West 38` Avenue fi -orn Sheridan to Harlan where the City installed street trees, a detached sidewalk,
benches, planters, clocks, fencin � and pedestrian walkways to create a uniform streetscape
appearance on this portion of 38" Avenue. While creating a uniform appearance for streets is
certainly a laudable goal, implementation through individual owners has been difficult.
The current provisions require adjacent developers to construct improvements such as detached
sidewalks, tree lawns, pedestrian lights, benches, trash receptacles, and other street furniture, all
without benefit of a design plan. But specifics are left to the imagination. Are all streetscape
elements to be the same Citywide? Are all corridors to look like the pilot project on 38"' Avenue? If
so, we haven't followed that design in constructing streetscape improvements on Harlan or Kipling.
Do we want the retro look on Wadsworth or something else? What about 44"' Avenue These
questions have plagued staff since the creation of the Manual in 2001.
Not only has the lack of clear guidance for these streetscape improvements hindered the
development review process, but the cost of these improvements can make a small infill project
I
financially infeasible. When required only when redevelopment occurs, making streetscape
improvements in this manner results in a piecemeal, disjointed street scene.
Streetscape Recommendation
As a result, Council has concurred with the proposal to remove the streetscape language from the
,Uanual. We will be returning to Council at a later date with options for implementing streetscape
elements. Some initial thoughts are through a local improvement district, a business improvement
district, the City's capital investment program (CIP), as a result of redevelopment, or a combination
of all of these. A tandem approach would be to require installation of streetscape improvements
(once we establish a plan that tells us what they are) only if the development parcel is X acres in size
or has X feet of frontage. Staff is seeking guidance from City Council on this matter,
M=
Please note that under the provisions of Section 26-224 of the Zoning and Development Code, the
Manual can be revised and amended by the Community Development Director. As we find items
that need farther clarification, or that we need to add, the.,Vcinual can be adjusted accordingly. The
purpose of providing the Planning Commission with a draft copy of the revised AKinual is to obtain
feedback on the revisions on a broad level.
At Council's direction staff will complete revisions to Chapter 26 first, with revisions to the klanual
following closely behind. It is anticipated that Chapter 26 changes will be brought to Planning
Commission for a recommendation in late March or early April.
Also as directed by Council, a meeting was held on February I with developers to present our "X-
Process" package and the revised Nfanual to receive any feedback or suggestions. Several design
professionals have agreed to assist us in reviewing and revising the Manual.
3
X PROCESS
PROPOSED CODE CHANGES SUMMARY
I
zfflz���
Planned Building Group
Administrative
(Up to 4 structures •
commercial and
industrial lots only)
• Administrative Review
• Conform to zoning
standards & Streetscap•
Manual
t" I
City Council hearings
Must meet 8 criteria for
approval
* Administrative approval,
unless objection received,
then City Council Hearing
* 9 criteria for approval
•
• to 10% variance
• Post property; approve
administratively if no
objections. Objections
appeal require BOA
hearing I
r§R*ro MMITIZV
• Must meet 5 criteria
• Appeal to Planning
Commission
hearing Tr"I
Must meet 5 criteria
• Administrative Review
• Conform to zoning
standards & revised
Architectural Manual
• No change to process
• Minor re-wording of criteria
• Add Architectural Manual
conformance
•
• to 50% variance
• No change to process
• Revised criteria
conformance
• BOA hearing
• Revised criteria
conformance
•
• change to process
• Revised criteria
conformance
•
• change to process
• Revised criteria
• Add Architectural Manual
conformance
InConidevA ZoneA PROCESS TABLE,doc
FDP • Planning Commission& # Administrative review
City Council hearings * Eliminate FDP for single
I family PRDs
Non-Administrative Planning Commission & Planning Commission;6
City Council hearings City Council hearings
011
Administrative Minor change must meet Meet 7 criteria.
10 criteria, including no
increase in floor area
beyond 10% of approved
maximum, or 10,000 s.f,
Non-Administrative Planning Commission & • Eliminated (If the
City Council hearings amendments exceed
maximums prescribed by
ODP, a non-administrative
(SDP amendment is
needed)
1-CoundevA Zone'A PROCESSTABLE.doe
City of Wheat Ridge of W"EqT P
Community Development Department = °
v m
Memorandum c~IORPDO
TO:
Planning Commission
FROM:
Alan White, Community Development Director
SUBJECT:
X-Process (X-Zone)
DATE: September 23, 2006
For about the past year, we have been working with Winston Associates to develop the regulations
implementing the X-Zone concept described in the Neighborhood Revitalization Strategy. We have
undertaken a thorough review of the objectives of the X-Zone and our current regulations. After
several "false starts," we have arrived at a package of changes to our regulations that we think meet
the objectives of the NRS recommendations and will be embraced by the development community.
The changes will eliminate conflicting and redundant requirements and processes, speed up the
development review process, and foster quality development throughout the City.
The X-Zone was originally conceived as an experimental set of regulations and development review
processes designed to work in an infill development environment. Our initial discussions were about
creating some kind of overlay zone where the experimental requirements and processes would apply.
This evolved into applying the X-Zone to certain uses, or making some uses eligible for the X-Zone.
In evaluating and re-evaluating these approaches, we asked the following questions. Why apply the
X-Zone only to certain areas of the City, or to certain uses? Conversely, why apply lesser standards
to certain uses or areas? Where would those areas be? Why shouldn't all development in the City
be of high quality, regardless of the type of land use or area of the City? If we're trying to raise the
bar, why only raise it on one side and give some developers the opportunity to slide over the low
side of the bar?
The development process boils down to two basic processes: 1) current zoning on a property allows
a use and all the owner needs is a building permit, or 2) current zoning does not allow a use and the
owner must request a rezoning of the property. Rezoning usually requires Planned Development
zoning, with an ODP and an FDP. Eventually a rezoning request leads to a building permit. There
are other processes such a variances and special uses, but they are usually precursors to the building
permit process.
In trying to figure out the X-Zone, our attention focused on how to address both the building permit
and rezoning processes without adding hundreds of pages to the development code. Our analysis
concluded that the key document is the Streetscape and Architectural Design Manual. It contains
site and building design requirements and guidelines that currently apply to all commercial and
industrial zone districts and is used both in the review of building permits and rezonings.
Through our analyses and discussions, the X-Zone concept evolved into the X-Process. Rather than
creating an overlay zone, we are proposing amendments to the Streetscape and Architectural Design
1:\Comdev\X Zone\PC Study Session Memo.doc
Manual (and renaming it the Architectural and Streetscape Design Manual) which will clarify
requirements, eliminate internal conflicts and conflicts with the development code, and apply to
multi-family development (three units or more). In addition, we are proposing amendments to our
development regulations to require conformance with the principles and requirements of the
Architectural and Streetscape Design Manual in all development processes, including building
permits, and other amendments to streamline processing, create greater flexibility in infill situations,
and reduce development review time.
Rather than providing the draft ordinance at this time, the proposed code changes are summarized in
the attached table.
Changes to the Manual will include a reorganization of the material with architectural standards
coming first, deletion of redundant sections, creation of design principles to be followed, and more
and clearer illustrations of what is required by the standards. The Manual will refer to processes in
the Code (Chapter 26) rather than creating separate processes for review. The maintenance
standards and appendices dealing with plant maintenance and materials will be published as a
separate document.
The other policy decision we are seeking direction for is the requirement for installing streetscape
improvements. The current provisions require adjacent developers to construct improvements such
as detached sidewalks, tree lawns, pedestrian lights, benches, trash receptacles, and other street
furniture, all without benefit of a design plan. These requirements are burdensome to owners of
small parcels and when required only when redevelopment occurs, results in a piecemeal, disjointed
street scene. Streetscape requirements might better be provided through a business improvement
district, a local improvement district, or the City's CIP. A tandem approach would be to require
installation of streetscape improvements only if the development parcel is X acres in size or has X
feet of frontage. Council will consider this issue at a subsequent study session.
I:\Comdev\X Zone\PC Study Session Memo.doc
X PROCESS
PROPOSED CODE CHANGES SUMMARY
Land Use Process
Current
Proposed
Building Permit & Site Plan
• Administrative Review
• Administrative Review
• Conform to zoning
• Conform to zoning
standards & Streetscape
standards & revised
Manual
Streetscape Manual
Rezoning
• Planning Commission &
• No change to process (See
City Council hearings
Planned Development
• Must meet 8 criteria for
below)
approval
• Reduce criteria to 6
• Meet 4 of 6 criteria
• Add Streetscape Manual
conformance
• Delete "spot zoning"
criterion
Special Use
• Administrative approval,
• No change to process
unless objection received,
• Minor re-wording of criteria
then City Council Hearing
• Add Streetscape Manual
• 9 criteria for approval
conformance
Variances
Administrative
• Up to 10% variance
• Up to 50% variance
• Post property; approve
• No change to process
administratively if no
• Revised criteria
objections. Objections or
• Add Streetscape Manual
appeal require BOA
conformance
hearing
Non-Administrative
• BOA hearing
• BOA hearing
• Revised criteria
• Add Streetscape Manual
conformance
Planned Building Group
Administrative
• Administrative review
. No change to process
(Up to 4 structures on
• Must meet 5 criteria
• Revised criteria
commercial and
• Appeal to Planning
• Add Streetscape Manual
industrial lots only)
Commission
conformance
Non-Administrative
• Planning Commission
• No change to process
(More than 4 structures
hearing
• Revised criteria
on commercial and
• Must meet 5 criteria
• Add Streetscape Manual
industrial lots; more than
conformance
1 structure on residential
and agricultural lots)
I:\Comdev\X Zone\X PROCESS TABLE.doc
Planned Developments
ODP
• Planning Commission &
• No change to process
City Council hearings
• Require more detailed ODP
to include conceptual
building layout &
architecture, pedestrian
links, parking, courtyards,
buffering, etc.
• Add Streetscape Manual
conformance
• ODP & FDP cannot be
submitted concurrently
FDP
. Planning Commission &
• Administrative review
City Council hearings
• Eliminate FDP for single
family PRDs
PD Amendments
ODP
Administrative
Minor change must meet
• Meet 3 criteria: No increase
10 criteria, including no
in floor area above
increase in floor area
maximum permitted on
beyond 10% of approved
ODP; no additional uses; no
maximum, or up to 10,000
increase in density or
s.f.
intensity of use
Non-Administrative
• Planning Commission &
• Planning Commission &
City Council hearings
City Council hearings
FDP
Administrative
• Minor change must meet
• Meet 7 criteria.
10 criteria, including no
increase in floor area
beyond 10% of approved
maximum, or 10,000 s.f.
Non-Administrative
• Planning Commission &
• Eliminated (If the
City Council hearings
amendments exceed
maximums prescribed by
ODP, a non-administrative
ODP amendment is
needed)
Subdivision
Minor (5 lots or less)
• Planning Commission
• No change to process
hearing
• Add approval criteria
Major (More than 5 lots)
• Planning Commission &
• No change to process
City Council hearings
• Add approval criteria
I:\Comdev\X Zone\X PROCESS TABLE.doc
Case No.: V OA0607 Quarter Section Map No.:
App: Last Name: Citywide Related Cases:
App: First Name: Case History: -Process (X-Zone)
Owner: Last Name:
Owner: First Name:
App Address: y Review Body: PC: 11/16/06
City, State Zip:
App:Phone: APN:
Owner Address: 2nd Review Body: ]CC: 12111/06 (1st)
City/State/Zip: 2nd Review Date:
Owner Phone: v Decision-making Body: CC: 118107 (2nd)
Project Address: Approval/Denial Date: F_
Street Name:
City/State, Zip: r- Reso/Ordinance No.:
Case Disposition: Conditions of Approval:
F_
Project Planner: hite District:
File Location: ctive Date Received: 123/2006
Notes:
-Up: Pre-App Date:
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Gpt-0y~~~