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HomeMy WebLinkAboutZOA-03-14INTRODUCED BY COUNCIL MEMBER BERRY Council Bill No. 05-2004 Ordinance No. 1319 Series of 2004 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PLANNED DEVELOPMENT DISTRICT REGULATIONS WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to the requirement for and content of planned development districts; WHEREAS, the City has identified changes which will improve the processing of and standards for planned development district applications. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Article III of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as follows: Sec. 26-301. Scope and application. A. There is hereby created a Planned Development District to further promote the public health, safety and general welfare by permitting greater flexibility and innovation in land development based upon a comprehensive, integrated plan. For the purpose of ensuring maximum flexibility of this district, the district is divided into the following _ubdistFiq_ designations planned development zone district categories, based on the primary land use of a proposed development plan or portion thereof: 1. Planned Residential Development--PRD. 2. Planned Commercial Development--PCD. 3. Planned Industrial Development--PID. 4. Planned Hospital Development--PHD. 5. Planned Mixed Use Development - PMUD. By creating the above suldis#riets, zone district categories, the city council recognizes that these subdisteiets zone district categories may exist singly or in combination within any approved planned development. B. On and after the effective date of this chapter as set forth in section 26-1003, all applications for private rezoning under section 26-112 for properties in excess of one (1) acre (for rezoning to residential or industrial zones), and all applications for private rezoning to any commercial district shall be required to request rezoning to one (1) of the listed planned development subdistfiots zone district categories. The procedure for review of any planned development application shall be that for private rezoning at section 26-112. A Planned Development District may be approved for any single use or any combination of uses; provided, that the intent and purposes of this section are met, and that the general health, safety and welfare of the community are advanced through its approval. This section shall apply to: Any new application for a rezoning to a Planned Development District. 2. Any application for amendment to an existing planned development qubdistr-ipt zone district. C. The intent of the Planned Development District is to permit the establishment of well-designed, innovative developments which may not be permitted by a standard zone district, however but, which may be permitted through the use of an approved development plan by assuring greater control and specificity of intended development character, use, operations and maintenance, while at the same time allowing flexibility and diversity. This district recognizes the great variety of land use intensities, densities, and environmental and land use interfaces which are possible. The general purposes of this section are as follows: To accomplish compatible development with adjacent commercial, residential and/or industrial land uses through proper land use transitions and buffering techniques. 2. To promote flexibility in design and permit diversification in the location of structures. 3. To promote the efficient use of land to facilitate a more economic arrangement of building, circulation systems, land use and utilities. 4. To preserve, to the greatest extent possible, the existing landscape features and to minimize impacts on other natural features of the site. To provide for more usable space through the combination and grouping of structures, parking, loading and storage areas. 2 6. To combine and coordinate architectural styles, building forms and building relationships within the planned developments. To minimize traffic congestion on public streets, control street access, and to provide for well-designed interior circulation. 8. To ensure that adequate public utilities and facilities are available within the area, to serve the specific development. 9. To promote conformance with the adopted comprehensive plan, established policies and guidelines for the area and for the community. Sec. 26-302. General regulations. A. Each Planned Development District establishes its own list of permitted uses, as well as development standards and requirements, and such are specifically set forth in the development plan and reviewed by the planning commission and approved by city council at preliminary and final plan stages. Approval of the outline development plan shall not be construed to be approval of a final development except in respect to general concept. B. In reviewing a specific request to establish a Planned Development District or amendment to an existing one, the planning commission and city council shall consider standards for similar uses in other Wheat Ridge zone districts, unless otherwise specifically provided herein. Requirements for setback, lot coverage, height, density, area, buffering, landscaping, signage, etc., may be more or less restrictive than such requirements in similar zone districts, based upon findings of the planning commission and city council which consider a combination of factors, including, but not limited to, type and intensity of uses proposed, size and shape of parcel, location, adjacent uses and the adequacy of public facilities. While the city council recognizes that planned developments may vary certain design and other requirements, the planned development process may not be used to circumvent the intent and spirit of the protections afforded by this chapter. Sec. 26-303. Planned Residential Developments (PRD) regulations. A. Area: No minimum. B. Density: Maximum sixteen (16) dwelling units per acre. C. Height: Maximum thirty-five (35) feet. D. Landscaping: In accordance with Section 26-502, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. Minima twenty five (25) per-eent. (S 26 502 F E. Parking: In accordance with Section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. Base upe~ e°iFs uses. (Szee 26 501 up en ~p«..~ ~mr-~v-rte G- F. Fences and walls: In accordance with Section 26-603, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. As _neei_fieally detailed en an approved r t development plan, IF G. Signage: In accordance with article VII., otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. As speeifieally detailed on aad ppea on FMet ae- el plan, otherwise fellow rr~ Y o of artiele cm 1. Eefffinereial use e9nditiensi l l a paE dag and andsY b shall not twent r (25) of h y pereefA Distfiet. 3. Land used fer :..1 uses ..,1 di b Y 1 ' 6~ iffgfess, egress, and I'lndse"i.ng, shall b 1 7 a Y IJ a may ne4 b 1 ,l d' 1_ lead afea used te ealeulate the maxiintim of si)Eteen (16) Fesidefitial Units the land --fibutable, to the e ecoupied by o char of the ,a, e Iandseaping r- etE d: H. The requirements of this section shall not apply to impose a density requirement of less than twenty-one (21) units per acre, with respect to the reconstruction of residential dwelling in the PRD district, where such structures and their reconstruction meet all of the following requirements: The structure was legally in existence on September 8, 1997; 2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction; and Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: New construction where no replacement of a preexisting structure takes place; or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). K-. I. All planned residential developments shall meet the residential site design standards of article V. unless specifically varied on the outline and final development plan. & J. A planned residential development shall be required for any mobile home park and must meet the standards for mobile home park design in section 26-506. Sec. 26-304. Planned Commercial Developments (PCD) regulations. A. Area: No minimum. B. Height: Commercial structures shall not exceed fifty (50) feet; residential st uetuFes shall not a eed thiAy five (35) feet. _ en4ial uses 1___._J ;Nita__ _ eenuner-eW tmewre shall h Y .1 above h' J l 7 nat F (35) &et. E- LorooTc^risg^ei Maximllm. eighty (80) pereent. (See section 26 123 for definition.) D, C. Landscaping: In accordance with Section 26-502, otherwise as established by the outline development plan and as specifically detailed on an approved final . icecc e development plan. 1!Fli~ (.-0 ..erect .TCCiic- w S°olion cxvir 26 cv 502.) D. Parking: In accordance with Section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. Based -r------ u pen speeifie uses. (See - 2- 50 1.) F, E. Fences and walls: In accordance with Section 26-603, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. reef aty detailed approved final developmeal plan, r G- F. Signage: In accordance with article VII., otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. As .neeif e lly ae}e-0_led e-_ and e««-, .ed on final development athe..yAse fellew -.,....:-erne«t' of a-tiele VII R, ResidefAial use . Residential us l d d f b ildi es, nicx¢a;m.Sa?Svcxxaxca-r>axmig, an use or u ngs, landseaping, e te., shall net eimeed aw.. /cm « e«t of the gross e ingress, egress an' land area ]Puhitp thp mawi used to sn f i t (16) it 1 , , - : l e s x een un s per- ae re. the a e and - side..t:..l uses are mixed in th e building f land attfib utable to the eeffffnefeial use s hall b e een sider-ed to be the e ,br vv,eb -e landseaping readways, et e I: G. A Planned Commercial District shall be used to establish any proposed recreational vehicle park. Sec. 26-305. Planned Industrial Development (PID) regulations. A. Area: Each Planned Industrial Development District shall be minimum of one (1) acre. B. Height: Maximum fifty (50) feet Q Lot eaverage~ Maximum eighty (80) pereent. (See seetion 26 123 for- definitien.). D. C. Landscaping: In accordance with Section 26-502, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. Mimiiit«um tweffty /tm pereen (See seetiefl 26 502.) E-, D. Parking: In accordance with Section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. Based on °«erifie usev (See seetion 26 501.) R E. Fences and walls: In accordance with Section 26-603, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. As speeifie lly detailed ed final development plan, otherwise follow requifefnen4s of seetion 26 603. F. Signage: In accordance with article VII., otherwise as established by the outline development plan and as specifically detailed on an approved final plan. As speeifleally detailed an approved final develepment plan, ethefAise folio ,.F.. m-atitln e VTT vr~r. H-. G. All planned industrial developments shall meet the industrial performance standards set forth in section 26-505. Sec. 26-306. Planned Hospital District (PHD) regulations. A. Allowable uses. The following uses hereinafter listed shall be permitted only as specifically designated on the approved final development plan: Public and private general hospital. 2. Hospitals or sanitariums for contagious diseases, or the mentally disturbed or handicapped. 3. Independent living units, Names homes for the aged, nursing homes, congregate care homes, hospices or similar residential facilities which are accessory to a hospital or sanitarium principal use. 4. Accessory uses and structures customarily associated with the permitted uses as shown on the approved final development plan. B. Area. Each Planned Hospital District shall be a minimum of five (5) acres, except as provided below. C. Lot width. Two hundred (200) feet minimum. D. Setback requirements: 1. Front: Fifty (50) feet minimum. 2. Side: Twenty-five (25) feet minimum plus ten (10) feet for each story. The intent is to provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property. 3. Rear: Twenty-five (25) feet minimum, plus ten (10) feet for each story. The intent is to provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property. E. Height: Hospital buildings: Fifty (50) feet maximum, except as follows: a. Sixty-five (65) feet where the lot on which the building is to be constructed is at least fifty (50) acres in size. b. Additions attached to existing hospitals may be built to a height not to exceed the height of the existing building. 2. Offices: Fifty (50) feet maximum. 3. Residential: Thirty-five (35) feet maximum. 4. Accessory: Thirty-five (35) feet maximum. G. F. Residential density. No residential development, excluding congregate care homes, nursing homes or intermediate nursing care facilities, shall exceed sixteen (16) twenty one (21) dwelling units per acre. 14. G. Landscaping: Minimum twenty-five (25) percent overall site requirement. 2. Twenty-five-foot landscape buffer required along property lines adjacent to residential zoned property. Unless otherwise specifically provided for on the approved plan, all landscaping shall meet the requirements set forth in section 26-502. L H. Parking: In accordance with Section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. Based '_on Wit,-...... p°e:Fe uses. (See sec4ieu 26 501 ~j..... ~T'7 3: I. Fences and walls: In accordance with Section 26-603, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. As r .F 1, y detailed il YY d final development plan, an an ethery se follow requirements F seefiefit 26 603 G, J. Signage: In accordance with article VII., otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. As eeifieally detailed e....ppreyed fmal deyelapffient plan Sec. 26-306.5. Planned Mixed Use District. A44ii dist>rxvc+iet l be s'Sc°d 1 the niiz'cv a iisc ~Ea: h p~ }Ea I~.y~ssstvne ~ ..hala>xn-a-aimj=- is -axc- -r3axovrix Mantial adepted januai:y 11, 2002, as amended. B_. A. Purpose. This district is established to provide a zoning classification to allow the integration of residential and commercial uses and development which is consistent with the surrounding neighborhoods and which meets the intent of the comprehensive plan and the Streetscape and Architectural Design Manual. It is not intended to be used solely to permit a higher density than allowed in the planned residential development (PRD) district nor to circumvent other specific standards of the planned residential and planned commercial districts. Instead, it is intended to create a zone district which will allow flexibility in use, design, and orientation while maximizing space, community interest and protecting nearby and adjacent residential neighborhoods. E B. Permitted uses. Permitted uses shall be a mixture of residential and commercial uses governed by approval of the outline development plan. D, C. Area. No minimum. E: D. Height. Maximum fifty (50) feet for freestanding commercial buildings only; thirty-five (35) feet for structures containing commercial and residential uses; thirty-five (35) feet for freestanding residential structures. G. E. Density. Maximum of sixteen (16) units per acre. Land used for commercial uses, inehidin excluding parking, may not be used to calculate the maximum of sixteen (16) units per acre. If the commercial and residential uses are mixed in the same building, the land attributable to the commercial use shall be considered to be one-half (1/2) of the building footprint. If the commercial and residential uses are in separate buildings, the land attributable to the commercial use shall be considered to be the entire commercial building footprint. I-: F. Landscaping: In accordance with Section 26-502, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. 26502. h G. Parking. In accordance with Section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. Ras uYe n spe fie use. Parl:.b shall be cRnsictc .t r uh Seet:.... 25 304-. Allowances may be made for shared parking spaces if it can be demonstrated to the satisfaction of the person or approval body designated as having final approval authority that parking demand for different uses occurs at different times. h H. Fences and walls. In accordance with Section 26-603, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. As speeitioally detailed on the approved final devOo .ent 1 plan; ethef-A se follow icyu r feme-i4s efi-seefie t• 26 603 -var. 1. Signage. In accordance with article VII., otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. As spee? fieall .'T_ta_led the appE ved fi" a=.._1opffien plan; Sec. 26-307. Similar uses in planned developments. A. Definition. A similar use is a use which would be similar in size, type of operation, services provided or equipment used, number of employees, and hours of operation and which would: 1. Be compatible in character and impact with permitted uses in the planned development, 2. Be consistent with the intent of the planned development, 3. Not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, and 4. Not be hazardous to the health and safety of surrounding areas through danger of fire or explosion. B. Similar use determination process. Any use which is not specifically listed as a permitted use in a planned development district is allowed only under the following procedure: 1. The community development director shall notify adjacent property owners by letter notice and posting of the site for ten (10) days that a similar use is requested for the property. The notice and posting shall contain a description of the proposed similar use and a copy of Ordinance 1200, series 2000. 10 2. If no written objection to the proposed similar use is received and the planning and development director finds that the proposed similar use meets the definition of similar use contained in section (a) above, the community development director is authorized to approve the similar use. 3. If a written objection is received or if the community development director finds that the definition of similar use does not apply, the community development director shall forward the determination request to the beard e€adjastment planning commission at a public hearing. Notice of said hearing shall be as provided in section 26-109. C. Recordation. If approved, the similar use shall be recorded as an affidavit of amendment to the outline development plan. en the final deve1,.pme plan in the safnee manner as the original final development plan was reeord-ed. Sec. 26-308. Application for planned developments. All applications for approval of a planned development, redevelopment, alteration or addition shall be filed with the community development department prior to issuance of a building permit. In some instances, platting is required and the plat can be processed concurrently with the 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 submitted for consideration by itself or it may be combined with a final development plan. When the outline development plan is combined with final plans, two (2) separate drawings are required. 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 development plans.. All requirements of the subdivision regulations for a pr-eliminai=y and 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 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. Submittal requirements. 11 a. Appropriate fee. eyed Neighborhood meeting notice (see section 26-109). C. Complete and notarized application. d. Proof of ownership, such as copies of deeds or title commitment. e. Power of attorney from owner(s) where an agent acts on behalf of the owner(s). n iHGlUdiH g. L Names, addresses, telephone numbers of architects, surveyors, and engineers associated with the preparation of the plans. h. 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. 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. The drawings may be in general schematic form 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 12 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, 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. General indication of areas to be landscaped. 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. Location of all proposed streets, alleys, easements, drainage areas, parks, and other areas to be reserved or dedicated to public use. j. Approximate location and extent of major use areas. k. Any significant vegetation or land use features within or adjacent to the site which may influence development. 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. in. 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. 13 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, building area and percent, paved area and percent, landscape area and percent, number of lots, typieel minimum lot sizes and dimensions, net density, gross density, etc. S. Development time schedule by phase. t. Required certifications. 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 14 PLANNING COMMISSION CERTIFICATION Recommended for approval Approved this by the Wheat Ridge Planning Commission. Chairperson C-hairrnan COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL CERTIFICATION day of Approved this day of by the Wheat Ridge City Council 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 5. Review procedures: 15 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. 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 thirty (30) sixty (60) days of council's final action. Should a recordable approved outline development plan not be provided to staff within thirty (30) 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 60-day time limit showing evidence of good cause for not meeting the deadline. 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 a proposed development. Submittal requirements: a. Complete and notarized application. b. Proof of ownership, such as copies of deeds or title commitment. C. Power of attorney from owner(s) where an agent acts on behalf of the owner(s). 16 preperty aeress abul4ingst eets. e: d. Names, addresses and telephone numbers of architects and engineers associated with preparation of the plans and plat. P e. 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 g. f. 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 preliminary 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. Location, extent, type and surfacing materials or all proposed walks, malls, paved areas, turfing and other areas not be covered by buildings or structures. C. Location, size, type, height and orientation of all signs. Signs net speeifieally approved as pai4 of a final develepment plan shall ne be pean:44ed. d. A landscape plan which provides location, type, size and quantities 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 and type of irrigation system shall be indicated. All landseaping shall meet the 'equir-emen4s e fahis ^eelion as well as seetion 26 502 e. Location, extent, types of materials and height of all walls and fences. 17 f. Exterior lighting devices; type, height, location and orientation. g. Location, extent, maximum height, number of floors and total floor area of all buildings and structures. h. Total number of dwelling units. :depAi ' Elevations and perspective drawings of all proposed structures and improvements, indicating architectural style and building materials. The drawings need not be the result of final architectural design but of sufficient detail to permit evaluation of the proposed structures. Off-street parking and loading plan which indicates the size, location and number of 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, A development schedule indicating the approximate date on which construction of the project can be expected to begin and approximate dates when construction will be completed. 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 18 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 (and-pla4) 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 PLANNING COMMISSION CERTIFICATION Recommended for approval Approved this by the Wheat Ridge Planning Commission. day of Chairperson Ghaifman COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL CERTIFICATION Approved this day of by the Wheat Ridge City Council ATTEST: City Clerk Mayor CITY SEAL _ 19 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. 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 scheduling the application before the planning commission. b. Planning commission hearing. Planning commission shall hold a public hearing pursuant to the requirements of section 26-109. The planning commission shall recommend to city council approval, approval with modifications, or denial stating the reasons for action. C. City council hearing. Upon receipt of the planning commission's recommendation, city council shall hold a public hearing pursuant to the requirements of section 26-109. City council shall approve, approve with modifications or deny the application. 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 thii4y (30) sixty (60) days of council's final action. Should a recordable approved final development not be provided to the staff within thii4y (30) sixty (60) days of council's final action, the staff shall schedule a public hearing before city council and city council 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 20 expiration of the 60-day time limit showing good cause for not meeting the 60-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 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 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 21 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 (preliminary outline or final) shall be the same as prescribed for original approval, except as provided for under subsection (b) (B) 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. Based upon showing of necessity therefore, minor changes in the locations of structures and their accessory uses, fences, parking areas, landscaping and other site improvements may be permitted as an "administrative amendment" by the community development director, if such changes will not cause any of the following circumstances to occur: Change in the character of the development. Increase in the intensity (or density) of use. Increase of the problems of circulation, safety and utilities. 4. Increase of the external effects on the ad;acent properties. 22 5. Increase in maximum building height. 6. Reduction in the originally approved setbacks from perimeter property lines. 7. Redtiefien in landseape area of tetal site- , Reduction of a development standard on the approved final development plan provided the reduction does not decrease the development standard to an amount less than the requirement on the approved outline development plan. 8. of releeatien Relocation of landscape areas which are required as buffer yards or establish project character. 9. Increase in the gross floor area of structures of over 10% beyond the authorized maximum allowed with the approved planned development, but not to exceed an increase of 10,000 square feet. 10. Change of the land area devoted to any approved use by more than 10%. C. Any changes or revisions of a 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. Sec. 26-312. Interim use. Subsequent to rezoning to a Planned Development District and approval of a final development plan, but prior to development and use of a parcel in accordance with the approved plan, the property may continue to be used for any lawful purpose for which it was used at the time of pfelimiiiary outline development plan approval; provided, however, that no new permanent structures or additions to existing structures will be permitted. Section 2. Safety Clause. The City of Wheat Ridge 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 rations relation to the proper legislative object sought to be attained. 23 Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 5. 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 in this 22nd day of March, 2004, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final Rassage set for April 12, 2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29` Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 this 12th day of April 1 2004. SIGNED by the Mayor on this 15th day of April , 2004. 24 I ST publication: March 25, 2004 2napublication: April 22, 2004 Wheat Ridge Transcript Effective Date: May 7, 2004 APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 24 CITY COUNCIL MINUTES: April 12, 2004 Page -2- Motion by Mr. DiTullio for the approval of the Consent Agenda; seconded by Mr. Gokey Louise Turner, 11256 W. 38th Avenue, spoke regarding the legislative history on paving along Clear Creek. She said she was opposed to the expense of the concrete rehabilitation capital projects, and questioned whether it was the most cost effective approach. She asked that this money be diverted to the Police Department. Don MacDougall, 9815 W. 37th Avenue, stated that he supports asphalt paving as opposed to concrete paving along the greenbelt. He felt that if the goal was to be more natural, than the asphalt had a more natural feel. City Clerk Pam Anderson read a letter into the record from John McMillin, 9801 W. 38th Avenue, which expressed his opposition to the concrete paving. Motion carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 05-2004 - AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PLANNED DEVELOPMENT DISTRICT REGULATIONS. (Case No. ZOA-03-14) Council Bill 05-2004 was introduced on second reading by Ms. Berry; Ms. Berry read the title and executive summary; Pam Anderson assigned Ordinance No. 1319. Meredith Reckert, Community Development, presented the staff report. Motion by Ms. Berry to approve Council Bill 05-2004 (Ordinance No. 1319) on second reading, and that it take effect 15 days after final publication; seconded by Mrs. Sang. Motion by Mr. DiTullio to amend the main motion to make the following change to the Ordinance: 1. Delete Subsection A. of Section 26-306.5 (Planned Mixed Use District) and that the subsequent subsections be re-lettered accordingly; seconded by Mr. Gokey; carried 8-0. Motion by Mr. DiTullio to amend the main motion to add the following language to Sections 26-309 F. and G.: 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 minimum development standards established on a recorded final development plan, an amended final development 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. seconded by Mrs. Sang and Mrs. Rotola; carried 8-0. CITY COUNCIL MINUTES: April 12, 2004 Page -3- Motion by Mr. DiTullio to amend the main motion to add the following language to Sections 26-309 E. F. and G. Add the following to paragraph E. This provision does not apply to requirements listed under Article IV Subdivision Regulations; seconded by Mrs. Rotola; carried 8-0. Original Motion as amended carried 8-0. Item 3. COUNCIL BILL 06-2004 - AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDE CODE OF LAWS PERTAINING TO EXPIRATION OF DEVELOPMENT PLANS. (Case No. ZOA-03-17) Council Bill 06-2004 was introduced on second reading by Mr. Stites; title and executive summary read by Pam Anderson. Ms. Anderson assigned Ordinance No. 1321. Meredith Reckert, Community Development, presented the staff report. Motion by Mr. Stites that Council Bill 06-2004 (Ordinance 1321) be approved on second reading, and that it take effect 15 days after final publication; seconded by Mrs. Sang; carried 8-0. ORDINANCES ON FIRST READING Item 4. COUNCIL BILL 07-2004 - AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDE CODE OF LAWS PERTAINING TO COMMERCIAL AND INDUSTRIAL LAND USES. (Case No. ZOA-04-01) Council Bill 07-2004 was introduced on first reading by Ms. Berry. Motion by Ms. Berry to approve Council Bill 07-2004, Case No. ZOA-04-01, on first reading, ordered published, public hearing set for April 26, 2004, at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication; seconded by Mrs. Sang; carried 8-0. DECISIONS, RESOLUTIONS, AND MOTIONS Item 5. Chief Edward Pinson Memorial. Item 5 was introduced by Mr. Stites. The executive summary was read by Pam Anderson. of WHEAL U P° ITEM NO: ~~~ORPDo REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: April 12, 2004 TITLE: COUNCIL BILL NO. 05-2004: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS REGARDING PLANNED DEVELOPMENTS (CASE NO. ZOA-03-14) ® PUBLIC HEARING ❑ BlDS/MOTIONS ❑ RESOLUTIONS Quasi-Judicial ❑ Yes A4, z4 No Community Development Director EXECUTIVE SUMMARY: City Man er Article III. of Chapter 26 pertains to the City's planned development regulations. This section of the code recognizes the different types of planned developments in the City and specifies the requirements and processes for the rezoning/outline development plan step and the final development plan step This section of the code also recognizes the administrative authority of the community development director to approve amendments to final development plans. The existing language was adopted when Chapter 26 was repealed and reenacted in February 2001 Many of the changes proposed by staff are housekeeping measures which remove redundancies and reflect other approved code changes affecting this section. The changes proposed by staff will improve the processing of and standards for planned development district applications. Planning Commission reviewed this request on September 4, 2003, and recommended approval with conditions. Planning Commission reviewed the proposed changes again on February 19, 2004, where a recommendation of approval was given. BOARD/COMMISSION RECOMMENDATION: ❑ ORDINANCES FOR 1 ST READING (Date. March 22, 2004) ® ORDINANCES FOR 2ND READING Planning Commission reviewed this request at a public hearing held on September 4, 2003 and made a recommendation of approval with the following conditions. I Regarding Section 26-311.13 , there be a limitation of gross floor area not to exceed 10,000 square feet. 2. Following paragraph A of Section 26-311, the following words be added. "and all property owners who may be impacted by the proposed amendment to the final development plan. The recommended conditions from September 4, 2003 were incorporated into the document, although the wording is somewhat different than the original motion. Planning Commission reviewed the proposed amendments again at a public hearing held on February 19, 2004 where a recommendation of approval was made for the following reasons. 1. It alleviates redundant language. 2. It extends the time limit for mylar submittal. 3 It addresses time limits for outline and final development plan expiration. 4 It allows more flexibility for administrative approval of final development plan amendments. There were no recommended conditions of approval. STATEMENT OF THE ISSUES: Many of the proposed changes are minor in nature eliminating redundancies and reflecting other approved code changes. - Significant changes include the following: • Similar use determinations: The appeal body for similar use determinations has been modified from the Board of Adjustment to Planning Commission. • Time limit for mylar recordation: The time limit for mylar recordation has been extended from 30 days to 60 days. • Expiration of development plans: The existing time limitation for both the outline and final development plans is one year Staff is recommending that the expiration period for both documents be eliminated. • Application of standards: Staff is recommending that if a previously approved outline development plan is substandard to today's development standards, that a proposed final development can be consistent with the smaller standards, as represented on the approved outline development plan. • Administrative amendments to development plans: The community development director has the authority to approve final development plan amendments administratively if certain criteria are met. Staff is recommending changes which would allow greater authority for the community development director for approving fdp amendments. Those would include the ability to reduce certain development standards, the ability to increase gross floor area up to 10% and the ability to increase a change of land area in an fdp up to 10%. 2 For more information regarding the proposed changes, please refer to Attachment 1 ALTERNATIVES CONSIDERED: Do not approve legislation. FINANCIAL IMPACT: The expansion of the community development director's authority to approve administrative amendments to final development plans will result in a slight decrease in revenue from application fees. However, this will be offset by a reduction of staff time spent on a project, as it will reduce the number of required public hearings. The other proposed modifications will have no financial impact to the city. RECOMMENDED MOTION: "I move to approve Council Bill. No 05-2004, Case No. ZOA-03-14, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding planned developments, on second reading, and that it take effect 15 days after final publication." Or, "I move to table indefinitely Council Bill No 05-2004, Case No ZOA-03-14, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding planned developments, on second reading with the following findings. Report Prepared by Meredith Reckert, 303-235-2848 Reviewed by: Alan White Attachments: 1 February 19, 2004, Planning Commission report 2. Council Bill No 05-2004 zoa0314CouncilAct l streading2 City of Wheat Ridge Planning and Development Department Memorandum TO: Planning Commission FROM: Meredith Reckert SUBJECT: Case No ZOA-03-14/Planned Development District Regulations DATE: February 10, 2004 This Case is: Quasi-judicial X Legislative Proper notice was given for this public hearing. Background Attached is legislation amending Chapter 26 of the Wheat Ridge Code of Laws regarding planned developments. On September 4, 2003, Staff discussed proposed amendments to the planned development district regulations with Planning Commission. At that meeting, a motion was made to amend the regulations as proposed by staff with the following changes- Regarding Section 26-311.B., there be a limitation of gross floor area not to exceed 10,000 square feet. 2. Following paragraph A of Section 26-311, the following words be added. "and all property owners who may be impacted by the proposed amendment to the final development plan. Attached is staff's original memo to Planning Commission. Attached also are the minutes from the September 4 meeting as well as minutes from the December 4, 2003, where there was intermingled discussion regarding both the expiration of plan approvals and the issue of old development plans inconsistent with today's development standards. Staff has had additional time to discuss and consider other changes as outlined below. Changes proposed for the Commission's consideration are shown in bold. Deletions are shown in strikethfough. ATTACHMENT I Summary of Ordinance Changes/Staff Comments The following revisions are being proposed as shown on Exhibit 1 • References to "subdistrict": References to planned development "subdistricts" have been modified to "planned development district categories" (page 1). • PMUD: The Planned Mixed Use Development (PMUD) district has been incorporated into the categories of identified planned developments within the city (page 1) No change from original PC review. • Lot coverage: The definition citation and specific requirements for lot coverage have been removed from the different planned developments design standards (pages 3, 4, 5, 7, 8) No change from original PC review. • Landscaping, parking, fences and walls and signage: The language relative to these design standards has been reworded. These revisions do not reduce the requirement, but recognize that there can be flexibility in application based on the design features of a specific planned development district through the outline and final plan approval processes. This revision affects all five of the planned development districts (pages 3, 4, 5, 6, 7, 8, 9) No change from original PC review. • Commercial use conditions in the PRD district: Mixed-use developments are more appropriately addressed through PMUD applications. For this reason, staff is _ recommending the commercial use conditions be removed from the PRD zone district regulations (page 3) No change from original PC review. • Residential use conditions in the PCD district: Mixed-use developments are more appropriately addressed through PMUD applications. For this reason, staff is recommending the residential use conditions be removed from the PCD zone district regulations (page 5). No change from original PC review. • Planned Hospital District: Independent living units have been added as an allowed use in the PHD district. (page 6) The allowed residential density has been corrected from 21 units per acre (old standard) to 16 units per acre (current standard) (page 7). No change from original PC review. • Planned Mixed Use District: The residential density standard has been corrected by the elimination of required commercial parking from the density calculation. This revision is consistent with the original ordinance adopting the PMUD district (page 8). No change from original PC review. • Similar use determinations: Staff has modified the appeal body from Board of Adjustment to Planning Commission. The use determination is memorialized by a recorded affidavit of amendment to the outline development plan (page 10). 2 • Removal of preliminary plats: The subdivision process was modified last year by elimination of the preliminary plat step. This change is consistent with that legislation (p. 10) No change from original PC review. • Neighborhood meeting: The word "referral" has been removed and the applicant is required to provide a notice of the neighborhood meeting. It is standard procedure that a representative of the planning division staff attends and prepares a synopsis of the meeting that becomes a part of the file (page 11). • Outline development plan submittal requirements: Item f. (list of adjacent property owners) has been removed from the applicant's submittal requirements. Planning division staff researches and provides the adjacent owner list (page 11). • Outline development plan contents: "Typical" lot sizes has been replaced with "minimum" lot sizes (page 13). No change from original PC review. • Planning Commission Certificate: The Planning Commission certificate for both outline and final plan document certifications has been revised (pages 14 and 18) No change from original PC review. • Time limit for mylar recordation: Staff is recommending that the time limit for recordation of mylars for outline and final development plans be extended from 30 to 60 days with the opportunity for one extension (pages 15 and 19). No change from original PC review. • Final development submittal requirements: Item d. (list of adjacent property owners) has been removed from the applicant's submittal requirements. Planning division staff researches and provides the adjacent owner list (page 16). Item f has been expanded to allow the discretionary requirement for submittal of civil engineering plans (page 16) • Final development plan contents: The last sentence in each items c. and d. of Section 2 have been stricken as they are redundant (page 16). • Final development plan contents: The requirement for typical floor plans as part of the final development plan package has been removed (page 17). The "owner's certification" has been modified by the removal of the words "and plat" as it is a requirement in the code that these documents be separately recorded (page 18) No change from original PC review. • Expiration of final development plans: The existing one-year expiration period for all development plans is located in section 26-107. Staff is recommending that the expiration period for both outline and final development plans be eliminated. The outline plan stage is the zoning step and the corresponding odp document should remain in effect in perpetuity. Staff is recommending that the expiration of final development plans be 3 dictated by the development schedule required on the fdp. If the terms of the development schedule on the fdp are exceeded, an amendment will be required (page 20). • Application of standards: A previous discussion with Planning Commission at the December 4 meeting related to dealing with old development plans that do not meet today's standards. After more discussion at the staff level, we have recommended that if an old outline plan does not meet today's standards, a proposed final development plan can be consistent with that approval and the former, smaller standards (page 20) Example scenario. Generally, a property's lot coverage is made up of a combination of building, parking and landscaped coverages equaling 100% of the site. An increase or decrease in one of these areas should result in a corresponding increase or decrease in the other two categories. If a recorded outline development plan is approved showing 10% landscaped coverage (the old standard), is it fair that the landscaped coverage required at the time of final development plan approval be increased to 20% (the new standard)? What will be the corresponding decrease? In most cases, the corresponding decrease would be in permitted building area. What if someone has purchased a property based on a specific square footage of building area allowed as reflected on a recorded outline development plan? If the zoning on a property and a recorded outline development plan are to remain in effect in perpetuity, shouldn't the approved final development plan reflect the standards established on the outline plan? • Amendments to development plans (owner approval): The existing regulations specify that all owners of real property within the confines of the proposed outline development plan must approve of the application in writing. This would also apply to outline development plan amendments. The regulations pertaining to owner concurrence for a final development amendment are unclear. Per Planning Commission recommendation, this section was modified so that owners outside of the phase must concur if there are modifications to the common elements (access, drainage, utilities and circulation) This provision is worded somewhat differently than the Planning Commission motion (page 21) • Amendments to development plans: The Community Development Director has the authority to approve final development amendments administratively if certain criteria are met. Reduction of development standards: Staff's original recommendation discussed at the September 4 meeting was specific to landscaping. Staff has revised our recommendation so that administrative approval authority is applied to all development standards (landscaped coverage, setbacks, parking, building height, signage). The director could approve an amendment to reduce the development standard from the original final plan approval as long as it would not reduce the development standard to an amount less than the requirement on the original outline plan (page 22, item 7). Example scenario. A particular outline development plan designates minimum landscaped coverage to be 20%. The final development plan has been approved with 4 28% landscaped coverage. The owner would like to displace some landscaping to install an additional handicapped parking space. The resultant reduction of landscaping is 3%, bringing the proposed total to 25%. Under this provision, the Director could approve the reduction as the landscaping coverage still exceeds the original 20% required by the outline development plan. Example scenario: An outline development plan is approved allowing commercial structures with minimum perimeter side and rear setbacks of 10' A final development plan is approved showing side setbacks of 15'. After the final design drawings are completed, the architect realizes the structure needs to be setback 12' on one side to accommodate special HVAC equipment housed within the building. Under this provision, the Director could approve the 3' setback reduction, as the resulting setback is still larger than the 10' minimum side setback allowed by the approved outline development plan. Increase in gross floor area: Staff is recommending that the Community Development Director be authorized to approve increases of gross floor area of no more than 10%. This is allowed in many other cities in the metropolitan area (Westminster, Littleton, Arvada, Lakewood). Planning Commission amended this provision at their September 4 meeting to allow an increased floor area not to exceed 10,000 square feet (page 21, item 9). Increase in land area devoted to a particular use: Another common practice in other cities is to allow administrative approval of a change of land area devoted to a particular use (i.e , residential versus commercial) All of the cities canvassed had a limitation of not more than a 10% change. (page 22, item 10) No change from original PC review. RECOMMENDED MOTION: "I move that Case No. ZOA-03-14, proposed amendments to Chapter 26 of the Wheat Ridge Code of Laws regarding planned development, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. It alleviates redundant language. 2 It extends the time limit for mylar submittal. 3. It addresses time limits for outline and final development plan expiration. 4. It allows more flexibility for administrative approval of final development plan amendments" Exhibits: 1. Proposed Revisions 2. Original memo to Planning Commission dated August 29, 2003 3 Minutes of Planning Commission meeting dated September 4, 2003 4 Minutes of Planning Commission meeting dated December 4, 2003 5 City of Wheat Ridge Chapter 26 Article III. Planned Development District Regulations Planning Commission - February 19, 2004 9-4-03 PC recommendations incorporated Sec. 26-301. Scope and application. A. There is hereby created a Planned Development District to further promote the public health, safety and general welfare by permitting greater flexibility and innovation in land development based upon a comprehensive, integrated plan. For the purpose of ensuring maximum flexibility of this district, the district is divided into the following •planned.developtnent zo)iO=district_categotI based on the primary land use of a proposed development plan or portion thereof- Planned Residential Development--PRD. 2. Planned Commercial Development--PCD 3 Planned Industrial Development--PID. 4. Planned Hospital Development--PHD 5. Planned Mixed Use Development - 'PMUD. By creating the above s ism; tope disttict•eategdhes the city council recognizes that these subs zone district categories may exist singly or in combination within any approved planned development. B On and after the effective date of this chapter as set forth in section 26-1003, all applications for private rezoning under section 26-112 for properties in excess of one (1) acre (for rezoning to residential or industrial zones), and all applications for private rezoning to any commercial district shall be required to request rezoning to one (1) of the listed planned development sttbdistriets zone.district,-categories. The procedure for review of any planned development application shall be that for private rezoning at section 26-112 A Planned Development District may be approved for any single use or any combination of uses, provided, that the intent and purposes of this section are met, and that the general health, safety and welfare of the community are advanced through its approval. This section shall apply to. Any new application for a rezoning to a Planned Development District. Any application for amendment to an existing planned development sabdist .zone,district: EXHIBIT 1 C The intent of the Planned Development District is to permit the establishment of well-designed, innovative developments which may not be permitted by a standard zone district, lamer but, which may be permitted through the use of an approved development plan by assuring greater control and specificity of intended development character, use, operations and maintenance, while at the same time allowing flexibility and diversity This district recognizes the great variety of land use intensities, densities, and environmental and land use interfaces which are possible. The general purposes of this section are as follows. To accomplish compatible development with adjacent commercial, residential and/or industrial land uses through proper land use transitions and buffering techniques. 2. To promote flexibility in design and permit diversification in the location of structures. 3. To promote the efficient use of land to facilitate a more economic arrangement of building, circulation systems, land use and utilities. 4 To preserve, to the greatest extent possible, the existing landscape features and to minimize impacts on other natural features of the site. 5 To provide for more usable space through the combination and grouping of structures, parking, loading and storage areas. _ 6 To combine and coordinate architectural styles, building forms and building relationships within the planned developments. 7 To minimize traffic congestion on public streets, control street access, and to provide for well-designed interior circulation. S. To ensure that adequate public utilities and facilities are available within the area, to serve the specific development. 9 To promote conformance with the adopted comprehensive plan, established policies and guidelines for the area and for the community. Sec. 26-303. Planned Residential Developments (PRD) regulations. A. Area. No minimum. B Density Maximum sixteen (16) dwelling units per acre. C Height: Maximum thirty-five (35) feet. 2 eta H The requirements of this section shall not apply to impose a density requirement of less than twenty-one (21) units per acre, with respect to the reconstruction of residential dwelling in the PRD district, where such structures and their reconstruction meet all of the following requirements. The structure was legally in existence on September 8, 1997; 3 2 The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction; and 3 Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to. New construction where no replacement of a preexisting structure takes place; or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). K-. 1. All planned residential developments shall meet the residential site standards of article V ubless;specifc4lly var,.led n;the ti~itIiue n"d,=linat plan. ( J. A planned residential development shall be required for any mobile home park and must meet the standards for mobile home park design in section 26-506 Sec. 26-304. Planned Commercial Developments (PCD) regulations. A. Area: No minimum. 4 F. SXgnage: In development plan. plan, As speetfioally detailed on and appr-eved on final development Y°cd'zx"rrcxix°cixco of a..c cxc,.. other-wise follow K, ResidefAial : 1, G. A Planned Commercial District shall be used to establish any proposed recreational vehicle park. See. 26-305. Planned Industrial Development (PID) regulations. A. Area: Each Planned Industrial Development District shall be minimum of one (1) acre. B Height: Maximum fifty (50) feet. 5 • , E Tet eewfage; Magfimt~m eighty, (80) . H G. All planned industrial developments shall meet the industrial performance standards set forth in section 26-505 Sec. 26-306. Planned Hospital District (PHD) regulations. A. Allowable uses. The following uses hereinafter listed shall be permitted only as specifically designated on the approved final development plan: Public and private general hospital. 2. Hospitals or sanitariums for contagious diseases, or the mentally disturbed or handicapped. 3. Independent:living units, 14ei0e hovAes for the aged, nursing homes, congregate care homes, hospices or similar residential facilities which are accessory to a hospital or sanitarium principal use. 4 Accessory uses and structures customarily associated with the permitted uses as shown on the approved final development plan. B Area. Each Planned Hospital District shall be a minimum of five (5) acres, except as provided below C. Lot width. Two hundred (200) feet minimum. D Setback requirements: Front: Fifty (50) feet minimum. 2 Side- Twenty-five (25) feet minimum plus ten (10) feet for each story The intent is to provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property. 6 3 Rear: Twenty-five (25) feet minimum, plus ten (10) feet for each story. The intent is to provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property E. Height: Hospital buildings Fifty (50) feet maximum, except as follows. a. Sixty-five (65) feet where the lot on which the building is to be constructed is at least fifty (50) acres in size. b Additions attached to existing hospitals may be built to a height not to exceed the height of the existing building. 2 Offices. Fifty (50) feet maximum. 3. Residential: Thirty-five (35) feet maximum. 4 Accessory: Thirty-five (35) feet maximum. 14. G. Landscaping: Minimum twenty-five (25) percent overall site requirement. 2. Twenty-five-foot landscape buffer required along property lines adjacent to residential zoned property 7 3 Unless otherwise specifically provided for on the approved plan, all landscaping shall meet the requirements set forth in section 26-502. Sec. 26-306.5. Planned Mixed Use District. A. Applicability. This zone district shall be used only in the mixed use areas shown on the Streetscape Classification Map in the Streetscape and Architectural Design Manual adopted January 11, 2002, as amended. B Purpose. This district is established to provide a zoning classification to allow the integration of residential and commercial uses and development which is consistent with the surrounding neighborhoods and which meets the intent of the comprehensive plan and the Streetscape and Architectural Design Manual. It is not intended to be used solely to permit a higher density than allowed in the planned residential development (PRD) district nor to circumvent other specific standards of the planned residential and planned commercial districts. Instead, it is intended to create a zone district which will allow flexibility in use, design, and orientation while maximizing space, community interest and protecting nearby and adjacent residential neighborhoods. C Permitted uses. Permitted uses shall be a mixture of residential and commercial uses governed by approval of the outline development plan. _ D Area. No minimum. E. Height. Maximum fifty (50) feet for freestanding commercial buildings only; thirty-five (35) feet for structures containing commercial and residential uses, thirty-five (35) feet for freestanding residential structures. G. F. Density Maximum of sixteen (16) units per acre Land used for commercial uses, inelg excluding parking, may not be used to calculate the maximum of sixteen (16) units per acre. If the commercial and residential uses are mixed in the same building, the land attributable to the commercial use shall be considered to be one-half (1/2) of the building footprint. If the commercial and residential uses are in separate buildings, the land attributable to the commercial use shall be considered to be the entire commercial building footprint. 8 See. 26-307. Similar uses in planned developments. A. Definition. A similar use is a use which would be similar in size, type of operation, services provided or equipment used, number of employees, and hours of operation and which would: Be compatible in character and impact with permitted uses in the planned development, 2. Be consistent with the intent of the planned development, 3 Not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, and 4. Not be hazardous to the health and safety of surrounding areas through danger of fire or explosion. B Similar use determination process. Any use which is not specifically listed as a permitted use in a planned development district is allowed only under the following procedure- 1 The tg ah community development director shall notify adjacent property owners by letter notice and posting of the site for ten (10) days that a similar use is requested for the property The notice and posting shall contain a description of the proposed similar use and a copy of Ordinance 1200, series 2000. 9 391- Allowances may be made for shared parking spaces if it can be demonstrated to the satisfaction of the person or approval body designated as having final approval authority that parking demand for different uses occurs at different times. If no written objection to the proposed similar use is received and the planning and development director finds that the proposed similar use meets the definition of similar use contained in section (a) above, the plannin comrmmlty:development director is authorized to approve the similar use. If a written objection is received or if the community development director finds that the definition of similar use does not apply, the pl; ig a l '4649-40 ~ ojmm-tm tv.,evelo}in►eri ,Pfoe director shall forward the determination request to the lp of planning commission at a public hearing. Notice of said hearing shall be as provided in section 26-109 C Recordation. If approved, the similar use shall be recorded Sec. 26-308. Application for planned developments. All applications for approval of a planned development, redevelopment, alteration or addition shall be filed with the community development department prior to issuance of a building permit. In some instances, platting is required and the plat can be processed concurrently with the 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 submitted for consideration by itself or it may be combined with a final development plan. When the outline development plan is combined with final plans, two (2) separate drawings are required. 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 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 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 10 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. Submittal requirements. a. Appropriate fee. b c. Complete and notarized application. d. Proof of ownership, such as copies of deeds or title commitment. e. Power of attorney from owner(s) where an agent acts on behalf of the owner(s). g. L Names, addresses, telephone numbers of architects, surveyors, and engineers associated with the preparation of the plans. h., g Additional information may be required, including, but not limited to, drainage study and plan, grading plan, geological stability report, traffic impact report, floodplam 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. The drawings may be in general schematic form 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 I1 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 26-301C; 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, 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. General indication of areas to be landscaped. 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. Approximate location and extent of mayor use areas. k. Any significant vegetation or land use features within or adjacent to the site which may influence development. 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 floodplams, 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. 12 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, building area and percent, paved area and percent, landscape area and percent, number of lots, Mmrm lot sizes and dimensions, net density, gross density, etc Development time schedule by phase. Required certifications. 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 anse 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 13 My commission expires NOTARYSEAL PLANNING COMMISSION CERTIFICATION Chairperson COiV WNITX DEVELOPMENT DIRECTOR CITY COUNCIL CERTIFICATION Approved this day of by the Wheat Ridge City Council. 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- 14 Deputy 5 Review procedures: a. Staff review- Upon filing of an application and other required documents, eommunrty it Y0c!pment 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. 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 a proposed development. Submittal requirements. a. Complete and notarized application. b Proof of ownership, such as copies of deeds or title commitment. 15 c Power of attorney from owner(s) where an agent acts on behalf of the owner(s). e. d. Names, addresses and telephone numbers of architects and engineers associated with preparation of the plans and plat. e. 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. g. L 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 p 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 Location, extent, type and surfacing materials or all proposed walks, malls, paved areas, turfing and other areas not be covered by buildings or structures. C. Location, size, type, height and orientation of all d. A landscape plan which provides location, type, size and quantities 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 and type of imeation svstem shall be indicated. . 16 e. Location, extent, types of materials and height of all walls and fences. f. Exterior lighting devices; type, height, location and orientation. g. Location, extent, maximum height, number of floors and total floor area of all buildings and structures. h. Total number of dwelling units. reside^*': i. Elevations and perspective drawings of all proposed structures and improvements, indicating architectural style and building materials. The drawings need not be the result of final architectural design but of sufficient detail to permit evaluation of the proposed structures. Off-street parking and loading plan which indicates the size, location and number of 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, A development schedule indicating the approximate date on which construction of the project can be expected to begin and approximate dates when construction will be completed. 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) 17 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 (an ao does not create a vested property right. Vested property rights may only anse 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 PLANNING COMMISSION CERTIFICATION Recommended for approval approved this day of by the Wheat Ridge Planning Commission, Chairperson Ghaiffn COMMUNITY DEV- FLOPMENT DIRECTOR CITY COUNCIL CERTIFICATION Approved this day of by the Wheat Ridge City Council. ATTEST. City Clerk Mayor 18 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 Review procedures- a. Staff review Upon filing of an application and other required documents, the cammun ty dei!elopinent 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 the planning commission. b Planning commission hearing. Planning commission shall hold a public hearing pursuant to the requirements of section 26-109. The planning commission shall recommend to city council approval, approval with modifications, or denial stating the reasons for action. C. City council hearing. Upon receipt of the planning commission's recommendation, city council shall hold a public hearing pursuant to the requirements of section 26-109. City council shall approve, approve with modifications or deny the application. d. 19 5. Expiration of final development plan;approvals; reapplications. a. Construction shall commepce in accordance with the development s~'hedule specified-on:the-recorded=final development ,plan. b. C. Sec. 26-309. interapr-etotio "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 of platming 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 20 F.. I 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. B Based upon showing of necessity therefore, minor changes in the locations of structures and their accessory uses, fences, parking areas, landscaping and other site improvements may be permitted as an "administrative amendment" by the community development director of ' , ` if such changes will not cause any of the following circumstances to occur, Change in the character of the development. 2. Increase in the intensity (or density) of use. 3 Increase of the problems of circulation, safety and utilities. 4 Increase of the external effects on the adjacent properties. 5 Increase in maximum building height. 21 6 Reduction in the originally approved setbacks from perimeter property lines. 7. 8.. 9. Increase in the gross floor area of structures 6f°ov4 -4091a beyond the authorized maximum allowed with the approved planned development, but tt tto Ipxteed,an-increase:of I640QQ sguarcafeet 10. Change ,6f the land area.devflted to any approved: use by,..more=than it nor.. _ C Any changes or revisions of a 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 sW*0 he deadline provisions of Section 267308.D.4.d Sec. 26-312. Interim use. Subsequent to rezoning to a Planned Development District and approval of a final development plan, but prior to development and use of a parcel in accordance with the approved plan, the property may continue to be used for any lawful purpose for which it was used at the time of pfefimi~ outlide devel6pnient plan approval, provided, however, that no new permanent structures or additions to existing structures will be permitted. 22 or-feleeatfo Relocation of landscape areas which are required as buffer yards or establish project character City of Wheat Ridge of WHEq, Community Development Department Memorandum ~o~o~AOo TO: Planning Commission FROM: Meredith Reckert SUBJECT: Case No. ZOA-03-14/Planned Development District Regulations DATE: August 29, 2003 Attached for the Planning Commission's consideration are staff's proposed changes to Article III of the Zoning and Development Code. The existing planned development regulations were incorporated into Chapter 26 when it was rewritten in 2001 For comparison purposes, both the existing section of the code with proposed changes (Exhibit l) and the proposed revisions in ordinance form (Exhibit 2) have been included. Only the affected sections of the regulations have been included in the ordinance The format of both documents uses 6tiike thfoughs for deleted language and bolding for additions. All changes have been designated with shado04i The following revisions are being proposed as shown on Exhibit I • PMUD: The Planned Mixed Use Development (PMUD) district has been incorporated into the categories of identified planned developments within the city (page 1). • Lot coverage: The definition citation and specific requirements for lot coverage have been removed from the different planned developments design standards (pages 2, 4, 5, 7, 8) • Landscaping, parking, fences and walls and signage: The language relative to these design standards has been reworded. These revisions do not reduce the requirement, but recognize that there can be flexibility in application based on the design features of a specific planned development district through the outline and final plan approval processes. This revision affects all five of the planned development districts (pages 2, 3, 4, 5, 6, 7, 8, 9) • Commercial use conditions in the PRD district: Mixed use developments are more appropriately addressed through PMUD applications. For this reason, staff is recommending the commercial use conditions be removed from the PRD zone district regulations (page 3). • Residential use conditions in the PCD district: Mixed use developments are more appropriately addressed through PMUD applications. For this reason, staff is recommending the residential use conditions be removed from the PCD zone district regulations (page 5). • Planned Hospital District: Independent living units have been added as an allowed use in the PHD district. (page 6) The allowed residential density has been corrected from 21 units per acre (old standard) to 16 units per acre (current standard). (page 7) EXHIBIT 2 • Planned Mixed Use District: The residential density standard has been corrected by the elimination of required commercial parking from the density calculation. This revision is consistent with the original ordinance adopting the PMUD distnct (page 8) • Removal of preliminary plats: The subdivision process was modified last year by elimination of the preliminary plat step. This change is consistent with that legislation (P 10) • Neighborhood meeting: The word "referral" has been removed (page 11). • Outline development plan contents: "Typical" lot sizes has been replaced with "minimum" lot sizes (page 13) • Planning Commission Certificate: The Planning Commission certificate for both outline and final plan document cernfications has been revised (pages 14 and 18) • Time limit for mylar recordation: Staff is recommending that the time limit for recordation of mylars for outline and final development plans be extended from 30 to 60 days with the opportunity for one extension (pages 15 and 19) • Final development plan contents: The requirement for typical floor plans as part of the final development plan package has been removed (page 17). The "owner's certification" has been modified by the removal of the words "and plat" as it is a requirement in the code that these documents be separately recorded • Expiration of final development plans: A provision for expiration of final development plans has been incorporated into the planned development regulations. The existing provision is currently located in section 26-107 and provides a one-year expiration period. Staff is recommending the expiration period be extended to three years. • Amendments to development plans (owner approval): The existing regulations specify that all owners of real property within the confines of the proposed outline development plan must approve of the application in wnting. This applies to both outline plan approvals and outline plan amendments. The regulations pertaining to owner concurrence for a final development amendment are unclear. Staff recommends that agreement be required by only owners within the parcel or phase where the amendment will occur. • Amendments to development plans: The Community Development Director has the authority to approve final development amendments administratively if certain criteria are met. Reduction of landscaping: Staff is recommending that the administrative approval authority be applied to landscaped coverage in very limited situations. The director could approved an amendment to reduce the amount of landscaping from the original final plan approval as long as it would not reduce the landscaped area to an amount less than the requirement on the original outline plan. 2 Example scenario. A particular outline development plan designates minimum landscaped coverage to be 20%. The final development plan has been approved with 28% landscaped coverage. The owner would like to displace some landscaping to install an additional handicapped parking space The resultant reduction of landscaping is 3%, bringing the proposed total to 25%. Under this provision, the Director could approve the reduction as the landscaping coverage still exceeds the original 20% required by the outline development plan. (page 21, item 7). Increase in gross floor area: Staff is recommending that the Community Development Director be authorized to approve increases of gross floor area of no more than 10%. This is allowed in many other cities in the metropolitan area (Westminster, Littleton, Arvada, Lakewood). (page 21, item 9) Increase in land area devoted to a particular use: Another common practice in other cities is to allow administrative approval of a change of land area devoted to a particular use (ie, residential versus commercial) All of the cities canvassed had a limitation of not more than a 10% change. (page 21, item 10) RECOMMENDED MOTION: "I move that Case No ZOA-03-14, proposed amendments to Chapter 26 of the Zoning and Development Code regarding planned development district regulations, be forwarded to City Council with a recommendation of APPROVAL for the following reasons ] It alleviates redundant language. 2 It extends the time limit for mylar submittal 3 It extends the time limit for final development plan expiration. 4 It allows more flexibility for approval of administrative final development plan amendments." 3 7. PUBLIC HEARINGS A. Case No. WZ-02-13 (continued from August 21, 2003): An application filed by Melody Homes, Inc. for approval of a Planned Residential Development final development plan for property located at 10285 Ridge Road. B. Case No. WS-02-01 (continued from August 21, 2003): An application filed by Melody Homes, Inc. for approval of a 38-lot subdivision plat for property located at 10285 Ridge Road. A request was made for continuance of the Final Development Plan and Final Plat to the next Planning Commission meeting. Staff recommended approval of this request. It was moved by Commissioner STITES and seconded by Commissioner McMILLIN that Case No. WZ-02-13, a request for approval of a final development plan, and Case No. WS-02-01, a request for approval of a 38-lot major subdivision plat, for property located at 10285 Ridge Road, be continued to September 18, 2003. The motion passed 6-0 with Commissioners DAVIS and PLUMMER absent. C. Case No. ZOA-03-13: An ordinance amending Section 26-110 of the Wheat Ridge Code of Laws concerning cost recovery for construction of certain public improvements. This case was presented by Meredith Reckert. She reviewed the staff report which contained an ordinance prepared by the city attorney's office regarding future cost recovery for required improvements. It would allow developers who install public street and drainage improvements to be reimbursed from a subsequent developer who benefits from the original construction of these public improvements. Staff recommended approval of the ordinance. It was moved by Commissioner WEISZ and seconded by Commissioner WITT that Case No. ZOA-03-13, a proposed amendment to Chapter 26 of the Zoning and Development Code regarding cost recovery for the installation of public improvements, be forwarded to City Council with a recommendation of approval for the following reason: 1. It will allow developers to be reimbursed for construction of improvements that benefit others. The motion passed 6-0 with Commissioners DAVIS and PLUMMER absent. D. Case No. ZOA-03-14: An ordinance amending Article III of Chapter 26 of the Wheat Ridge Code of Laws pertaining to planned developments. This case was presented by Meredith Reckert. She reviewed each existing section of the code and compared them with the proposed revisions. Staff recommended approval of the ordinance. Planning Commission Page 2 September 4, 2003 EXHIBIT 3 It was moved by Commissioner BERRY and seconded by Commissioner McMILLIN that Case No. ZOA-03-14, proposed amendments to Chapter 26 of the Zoning and Development Code regarding planned development district regulations, be forwarded to City Council with a recommendation of approval for the following reasons: 1. It alleviates redundant language. 2. It extends the time limit for mylar submittal. 3. It extends the time limit for final development plan expiration. 4. It allows more flexibility for approval of administrative final development plan. With the following conditions: 1. Regarding Section 26-311.B.9, there be a limitation of gross floor area not to exceed 10,000 square feet. 2. Following paragraph A of Section 26-311, the following words be added: and all property owners who may be impacted by the proposed amendment to the final development plan. The motion passed 6-0 with Commissioners DAVIS and PLUMMER absent. E. Case No. ZOA-03-15: An ordinance amending Section 26-106 of the Wheat Ridge Code of Laws concerning the review process chart. This case was presented by Meredith Reckert. She reviewed the staff report and reviewed the existing process chart comparing it with the proposed revisions It was moved by Commissioner McMILLIN and seconded by Commissioner STITES that Case No. ZOA-03-15, a proposed amendment to Chapter 26 of the Zoning and Development Code regarding the land use review process chart, be forwarded to City Council with a recommendation of approval for the following reasons: 1. It will streamline the review process by simplif},ing the pre-application meeting requirement. 2. It expedites the subdivision approval process by elimination of the neighborhood meeting requirement. 3. It distinguishes between the different categories of planned development approvals. 4. It reflects recent legislation regarding the special use process. With the following condition: That wording in footnote ##1 of the proposed review process chart be changed to read: If five or fewer parcels, minor subdivision process applies. If more than five parcels, major subdivision process applies. The motion passed 6-0 with Commissioners DAVIS and PLUMMER absent. Planning Commission September 4, 2003 Page 3 B. Case No. ZOA-03-17: An ordinance amending Section 26-107 of the Wheat Ridge Code of Laws concerning expiration of development approvals. Meredith Recker presented this matter She reviewed the staff report and noted that staff recommended removal of time limits on outline development plans so they remain in perpetuity However, staff acknowledges there should be more discussion and consideration on the proposed changes to the final development plan expirations and recommended continuation of that discussion to a later time. Alan White explained that there are final development plans that are 30 years old where the outline plan sets the standard for landscaping at 8% to 10%. The current requirement for landscaping is 20% Commissioner McNAMEE asked how many old planned developments exist that have ne\ er been developed Alan White explained that most situations deal with the last one or two buildings within an old planned development. He estimated there are probably two dozen of these situations Commissioner PLUMMER suggested a requirement that, if not developed within a certain number of years, the plan must be reviewed which would involve new application fees Commissioner STITES suggested a requirement that the application must be brought up to current code requirements after a certain time limit has passed- Commissioner McMiLLIN asked about an applicant's vested rights with prior development approval Alan White explained that the statutory limit for vested rights is three years However, a developer could come in and request a vested rights agreement but such agreement would have to be reviewed and approved by City Council Commissioner PLUMMER expressed concern that large projects sometimes take longer than three years to prepare for construction and drainage, roadway and other conditions could change during that time. Alan White explained that notices of any such changes in Planned Developments are given to the owners or developers of surrounding properties Commissioner McMILLIN suggested a provision to shift amenities such as landscaping according to changes that have taken place since the initial approval Commissioner McNAMEE asked if there were time restrictions for a developer to begin or complete his project. Alan White stated that there is the one-year restriction to begin building He noted that a provision in the code adopted two years ago stated that building needed to begin within one year of adopting the code or their approval would expire. No notice to owners was given of this requirement. No one responded to this action. Commissioner McMiLLIN suggested a survey of other mumcipalities regarding their regulations. Meredith Reckert stated that she checked with other municipalities and found that most have a three-year limitation on final development plans. She didn't check to see what Planning Commission December 4. 2003 EXHIBIT 4 Page procedures were in place when the time limitation is up and indicated that she would contact ne)ehborint municipalities regarding this matter It was moved by Commissioner PLUM MER and seconded by Commissioner McMILLIN that Case No. ZOA-03-17, an ordinance amending Section 26-107 of the Wheat Ridge Code of LaAs concerning expiration of development approval, be continued to February 5, 2004. The motion passed unanimously. 8. OLD BUSINESS • Alan White reported that AutoNation is in the rocess of installing a,,vetlands/detention pond and storm sewer improvements out to 38' Avenue A building permit for their new building is anticipated in the spring. They have indicated they want to be open by Januar_N. 2005 • In response to a question from Commissioner McNAMEE regarding the temporary lot at Lutheran Hospital, Meredith Reckert explained this will accommodate construction and employee parking that is being displaced by the new medical building construction This is being processed as an administrative amendment and staff is attempting to stay cognizant of neighborhood concems. Alan White reported that there is a 5-year time limit on the temporary lot. 9. NEW BUSINESS Alan White reported that the December 18'h Planning Commission agenda will include RV regulations. Meredith Reckert reported that the interview process has begun to fill the planner technician vacancy 10. COMMISSION REPORTS There were no commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee and department reports 32. ADJOURNMENT It was moved by Commissioner PLUMMER and seconded by Commissioner STITES to adjourn the meeting at 7:55p.m. The motion passed unanimously. I) il'ua n,CA~Ln~e Marian McNamee, Chair Ann Lazzeri, Recordin retary Planning Commission Dcccmber 4, 2003 Page 4 INTRODUCED BY COUNCIL MEMBER Berry Council Bill No. 05-2004 Ordinance No. Series of 2004 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PLANNED DEVELOPMENT DISTRICT REGULATIONS WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to the requirement for and content of planned development districts; WHEREAS, the City has identified changes which will improve the processing of and standards for planned development district applications. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Article III of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as follows Sec. 26-301. Scope and application. A. There is hereby created a Planned Development District to further promote the public health, safety and general welfare by permitting greater flexibility and innovation in land development based upon a comprehensive, integrated plan. For the purpose of ensuring maximum flexibility of this district, the district is divided into the following subdist-Fiet designations planned development zone district categories, based on the primary land use of a proposed development plan or portion thereof. Planned Residential Development--PRD. 2. Planned Commercial Development--PCD. 3. Planned Industrial Development--PID. 4. Planned Hospital Development--PHD. 5. Planned Mixed Use Development - PMUD. By creating the above subdistrict , zone district categories, the city council recognizes that these subdistriets zone district categories may exist singly or in combination within any approved planned development. ATTACHMENT 2 B. On and after the effective date of this chapter as set forth in section 26-1003, all applications for private rezoning under section 26-112 for properties in excess of one (1) acre (for rezoning to residential or industrial zones), and all applications for private rezoning to any commercial district shall be required to request rezoning to one (1) of the listed planned development °4dis4iets zone district categories. The procedure for review of any planned development application shall be that for private rezoning at section 26-112. A Planned Development District may be approved for any single use or any combination of uses; provided, that the intent and purposes of this section are met, and that the general health, safety and welfare of the community are advanced through its approval. This section shall apply to: Any new application for a rezoning to a Planned Development District. 2. Any application for amendment to an existing planned development u' zone district. C. The intent of the Planned Development District is to permit the establishment of well-designed, innovative developments which may not be permitted by a standard zone district, however. but, which may be permitted through the use of an approved development plan by assuring greater control and specificity of intended development character, use, operations and maintenance, while at the same time allowing flexibility and diversity This district recognizes the great variety of land use intensities, densities, and environmental and land use interfaces which are possible. The general purposes of this section are as follows: To accomplish compatible development with adjacent commercial, residential and/or industrial land uses through proper land use transitions and buffering techniques. 2. To promote flexibility in design and permit diversification in the location of structures. 3 To promote the efficient use of land to facilitate a more economic arrangement of building, circulation systems, land use and utilities. 4. To preserve, to the greatest extent possible, the existing landscape features and to minimize impacts on other natural features of the site. 5. To provide for more usable space through the combination and grouping of structures, parking, loading and storage areas. 6. To combine and coordinate architectural styles, building forms and building relationships within the planned developments. 7. To minimize traffic congestion on public streets, control street access, and to provide for well-designed interior circulation. 2 To ensure that adequate public utilities and facilities are available within the area, to serve the specific development. To promote conformance with the adopted comprehensive plan, established policies and guidelines for the area and for the community. Sec. 26-303. Planned Residential Developments (PRD) regulations. A. Area. No minimum. B. Density: Maximum sixteen (16) dwelling units per acre. C. Height: Maximum thirty-five (35) feet. E- D. Landscaping: In accordance with Section 26-502, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. inif tun t.,.efAy five (25) pe ent (See s tion 26 502 F E. Parking: In accordance with Section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. upen °^ifi^ uses. (See seetion 26 cnl G-: F. Fences and walls. In accordance with Section 26-603, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. ^ s °°i fieall . detailed on an °a final development plan °the-,:....° follow "ts of seetion 26 603 IL G. Signage. In accordance with article VII., otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. n s speeifieally detailed , and ° °a on final devel°. meat pla 1 C 1 l di.. ll e °t°'7 l d sed f b ildi s aee- uses, u g a e ass an u u ng p , 1pafking and landseap i...' shall n mot ° eed twe t y five (25) p °"t of the 1 4. 3. Land used for eommeRial uses :i5 parbang, lnbla.as, egress, -aaaci land ;C shall be ..le,lu" te s .,eYuautely and may be 1IL4G441C'C11 ded in tl ~'4e•,...~pings ✓ - _ln be u may Ti of 4 Zi TZ~LIZG r --o land of eaused 4V ealet a4e the 111uximu111 of sixteen (16) residential units 0 Tf, sex afe meombined4n an °t" et- 04r 1 ..."i .4t-ribut ..l.le to the e el4amer-eial use shall be _ensideaed to rt be the builds ,,.,..t o footage 4llV 114111b Jl3 uC41 oee:+iiaeu by ea.laaluea eau u."ie.,, 4 aequaavu par-king, uiacrxniv share of the _enff.4Va.areas, as . landse, va ib: egress, a .aupiirg, 1uuhaJ u> eteT h H. The requirements of this section shall not apply to impose a density requirement of less than twenty-one (21) units per acre, with respect to the reconstruction of residential dwelling in the PRD district, where such structures and their reconstruction meet all of the following requirements: The structure was legally in existence on September 8, 1997; 2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and 3. Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: 1. New construction where no replacement of a preexisting structure takes place; or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). K-. I. All planned residential developments shall meet the residential site design standards of article V. unless specifically varied on the outline and final development plan. 6 J. A planned residential development shall be required for any mobile home park and must meet the standards for mobile home park design in section 26-506. Sec. 26-304. Planned Commercial Developments (PCD) regulations. A. Area. No minimum. 4 B. Height: Commercial structures shall not exceed fifty (50) feet; residential stmetufes shall not exeeed thifty five (35) feet; r-esidepAial uses leeated vagiin-a Ceffime.Y.»1 st uetwe ;fall not be Y°Y as a...l.t4ea above t..11:i"ty five (35) feet. .Y ° (35) . shall . l~ C. Landscaping: In accordance with Section 26-502, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. Minimum twenty(20) r°ra°nt (See section 26 50 E, D. Parking: In accordance with Section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. Based upon °ifi° . e (See a°°tien 26 501 F: E. Fences and walls: In accordance with Section 26-603, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. As spec:Feµny detailed on , .ed final development l° Yt: plan, othei=win° follow « ei to of section 26 603, G, F. Signage: In accordance with article VII., otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. plan, As specifleally detailed on and appr-eved an final development vi f 11..... ° °"t° of aftiele 3777 ila.i i Residential use eenditionsi -2 Residential us es ineludin asseei ted ki l d d f . g a par- ng, an use , or . e 1..«..1seapine, Y .a....+J aaa..b included withi in eluded withi ta., Jua.aa ..hall not t ..°nie fifty (50) n °"t of the aY z.e narti nn erni l De el d ul°r Pl n ° n Pl d gross "t Di t t e a mm a y u Yaal alYU.ul e L.vlrulxc.Z anne a ide..ti..l 3 When= ° e art n n f l ,1 e d « l d el t th . _ J aa.v al land ,e for n for w Y.+. p o an a „l i n Y aaa nmalc Ye ne n.,rl,ine ki ~l Yxm d , v.au..v. Y...a v .+v... r r G landsca in 2 be g u uu uvv u aa.Y. te e nar ~te`1 i par t., 11 l.. d 1.1 YJJ, Yb1 YJJ an - : 1 `1 t t b i th i - g, - _ p ed t.. ale , l ate l..nd area e used t l r te°^ th ~ a ii ' = an J , "J f i n t . e no ..e » 16 it n e 7f ..u. YU u o ......aY u then al an d reside the e ~p u rr c nc ° ntial s x r T1]lcccn een th mixed i s 'PGi- ac zzTCS ( ) un en a b ildin re- rr e« f r YV111L11Y1 Y1U1 C{11aa other r% ..t be °1 a°rly ne «"te a n e d f th u g idential a t id ti l e h ....,Y.1., ....1...Y.. Y Y. . . land attributable to the n Y Ya aaw al use s . .o m u. a e r hat ben esaaavalaa ucis, es en a a i'lere`1 to be the u e ildin e ° b a e f ota a °'1 b al , s enthe « u g g -ki d a - 4i y te h f th re par ng, an pr epei ena s are o e eefmnon a ` reas, su 1, G. A Planned Commercial District shall be used to establish any proposed recreational vehicle park. Sec. 26-305. Planned Industrial Development (PID) regulations. A. Area: Each Planned Industrial Development District shall be minimum of one (1) acre. B. Height: Maximum fifty (50) feet. 1Jet-~2: Maximum eighty (80) re ent (See seefie"'6 123 for- defiftifien.) D. C. Landscaping: In accordance with Section 26-502, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. Minimum twenty (20) per-ee nt. (See seetion 26 502.) E-. D. Parking: In accordance with Section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. Based open eifi^ (See section 26 501 uses. li E. Fences and walls. In accordance with Section 26-603, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. ^ s ,..r,,.,.,1y detailed o ed final develop ent pia ethef-Aise fellow requirements of seetien 26 60-3-. F. Signage: In accordance with article VII., otherwise as established by the outline development plan and as specifically detailed on an approved final plan. As requirements- of ai iele \111 T G. All planned industrial developments shall meet the industrial performance standards set forth in section 26-505 Sec. 26-306. Planned Hospital District (PHD) regulations. A. Allowable uses. The following uses hereinafter listed shall be permitted only as specifically designated on the approved final development plan: Public and private general hospital. 2. Hospitals or sanitariums for contagious diseases, or the mentally disturbed or handicapped. 3. Independent living units, Homes homes for the aged, nursing homes, congregate care homes, hospices or similar residential facilities which are accessory to a hospital or sanitarium principal use. 6 4. Accessory uses and structures customarily associated with the permitted uses as shown on the approved final development plan. B Area. Each Planned Hospital District shall be a minimum of five (5) acres, except as provided below. C. Lot width. Two hundred (200) feet minimum. D. Setback requirements: 1 Front: Fifty (50) feet minimum. 2. Side: Twenty-five (25) feet minimum plus ten (10) feet for each story The intent is to provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property 3 Rear: Twenty-five (25) feet minimum, plus ten (10) feet for each story. The intent is to provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property. E. Height: Hospital buildings. Fifty (50) feet maximum, except as follows: a. Sixty-five (65) feet where the lot on which the building is to be constructed is at least fifty (50) acres in size. b Additions attached to existing hospitals may be built to a height not to exceed the height of the existing building. 2. Offices: Fifty (50) feet maximum. 3 Residential: Thirty-five (35) feet maximum. 4 Accessory: Thirty-five (35) feet maximum. G. F. Residential density. No residential development, excluding congregate care homes, nursing homes or intermediate nursing care facilities, shall exceed sixteen (16) twepAy one (24) dwelling units per acre. 14. G. Landscaping: 1. Minimum twenty-five (25) percent overall site requirement. 7 2. Twenty-five-foot landscape buffer required along property lines adjacent to residential zoned property. 3. Unless otherwise specifically provided for on the approved plan, all landscaping shall meet the requirements set forth in section 26-502. 1. H. Parking: In accordance with Section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. Based upon speeifie uses. (See seetion 26 501.) 1. Fences and walls. In accordance with Section 26-603, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. As speeifieally detailed on an appfeved final development , et-hei--wise follow n r-equir-ements of seetion 26 603-. Fr-: J. Signage• In accordance with article VII., otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. plan, As speeif4eally detailed on appr-eved final development Sec. 26-306.5. Planned Mixed Use District. A. Applicability. This zone district shall be used only in the mixed use areas shown on the Streetscape Classification Map in the Streetscape and Architectural Design Manual adopted January 11, 2002, as amended. B Purpose. This district is established to provide a zoning classification to allow the integration of residential and commercial uses and development which is consistent with the surrounding neighborhoods and which meets the intent of the comprehensive plan and the Streetscape and Architectural Design Manual. It is not intended to be used solely to permit a higher density than allowed in the planned residential development (PRD) district nor to circumvent other specific standards of the planned residential and planned commercial districts. Instead, it is intended to create a zone district which will allow flexibility in use, design, and orientation while maximizing space, community interest and protecting nearby and adjacent residential neighborhoods. C Permitted uses. Permitted uses shall be a mixture of residential and commercial uses governed by approval of the outline development plan. D. Area. No minimum. E. Height. Maximum fifty (50) feet for freestanding commercial buildings only; thirty-five (35) feet for structures containing commercial and residential uses; thirty-five (35) feet for freestanding residential structures. 8 G F. Density. Maximum of sixteen (16) units per acre. Land used for commercial uses, inelading excluding parking, may not be used to calculate the maximum of sixteen (16) units per acre. If the commercial and residential uses are mixed in the same building, the land attributable to the commercial use shall be considered to be one-half (1/2) of the building footprint. If the commercial and residential uses are in separate buildings, the land attributable to the commercial use shall be considered to be the entire commercial building footprint. G. Landscaping: In accordance with Section 26-502, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. T andseaping "rail be ^ intent with seetie -26502. h H. Parking. In accordance with Section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. Based '_re__ sr.._ .a^ . ° n°..I g shall be ^ stent vAth section 25 - ° `~nZ Cavrr 541- Allowances may be made for shared parking spaces if it can be demonstrated to the satisfaction of the person or approval body designated as having final approval authority that parking demand for different uses occurs at different times. 1. Fences and walls. In accordance with Section 26-603, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. As speeifieally detailed on the approved final development p! eiher-wise follow r-equir-ements of seetien 26 60-3-. K-. J. Signage. In accordance with article VII., otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. As speeifieally detailed on the appr-eved final a~ ~svvvivpiav,xi px R.rxcisrrSc ° fellow f ftiel° VTT -iegiiircriciii-o^i-iirc:c... vr Sec. 26-307. Similar uses in planned developments. A. Definition. A similar use is a use which would be similar in size, type of operation, services provided or equipment used, number of employees, and hours of operation and which would. Be compatible in character and impact with permitted uses in the planned development, 2. Be consistent with the intent of the planned development, 9 3. Not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, and 4 Not be hazardous to the health and safety of surrounding areas through danger of fire or explosion. B. Similar use determination process. Any use which is not specifically listed as a permitted use in a planned development district is allowed only under the following procedure: The community development director shall notify adjacent property owners by letter notice and posting of the site for ten (10) days that a similar use is requested for the property. The notice and posting shall contain a description of the proposed similar use and a copy of Ordinance 1200, series 2000. 2. If no written objection to the proposed similar use is received and the planning and development director finds that the proposed similar use meets the definition of similar use contained in section (a) above, the community development director is authorized to approve the similar use. 3. If a written objection is received or if the community development director finds that the definition of similar use does not apply, the community development director shall forward the determination request to the beafd e€ adjustment planning commission at a public hearing. Notice of said hearing shall be as provided in section 26-109. C Recordation. If approved, the similar use shall be recorded as an affidavit of amendment to the outline development plan. on the final development plan in the same manner as the original final development plan was fecor-ded. Sec. 26-308. Application for planned developments. All applications for approval of a planned development, redevelopment, alteration or addition shall be filed with the community development department prior to issuance of a building permit. In some instances, platting is required and the plat can be processed concurrently with the 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 submitted for consideration by itself or it may be combined with a final development plan. When the outline development plan is combined with final 10 plans, two (2) separate drawings are required. 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 development plans. All requirements of the subdivision regulations fora pr-elimiftar-y and 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 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. Submittal requirements. a. Appropriate fee. b. Evidenee that the vyu :e.baawix oeeuffed Neighborhood meeting notice (see section 26-109). C. Complete and notarized application. Proof of ownership, such as copies of deeds or title commitment. Power of attorney from owner(s) where an agent acts on behalf of the owner(s). fl. Names and addresses of all adjaeent prepei4y owners, including g. E Names, addresses, telephone numbers of architects, surveyors, and engineers associated with the preparation of the plans. h. 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. 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. The drawings may be 11 in general schematic form 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 26-301C, 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, 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. 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. General indication of areas to be landscaped. Property boundaries as per accompanying legal description. Existing and proposed lot lines, easements and rights-of-way on and adjacent to the site. g. Adjacent zoning, land use, streets, streams, etc. Location of all existing streets, alleys, easements, drainage areas, irrigation ditches and laterals within and adjacent to the site. Location of all proposed streets, alleys, easements, drainage areas, parks, and other areas to be reserved or dedicated to public use. 12 Approximate location and extent of major use areas. k. Any significant vegetation or land use features within or adjacent to the site which may influence development. 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. in. 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, building area and percent, paved area and percent, landscape area and percent, number of lots, typieal minimum lot sizes and dimensions, net density, gross density, etc. S. Development time schedule by phase. t. Required certifications. 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 13 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 Witness my hand and official seal My commission expires NOTARY SEAL day of PLANNING COMMISSION CERTIFICATION Recommended for approval Appreved this by the Wheat Ridge Planning Commission. Chairperson firm COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL CERTIFICATION day of , , Approved this day of by the Wheat Ridge City Council. ATTEST. City Clerk Mayor 14 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 5 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 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 this sixty (60) days of council's final action. Should a recordable approved outline development plan not be provided to staff within thirty (30) 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 15 expiration of the 60-day time limit showing evidence of good cause for not meeting the deadline. 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 a proposed development. 1 Submittal requirements: a. Complete and notarized application. b Proof of ownership, such as copies of deeds or title commitment. C. Power of attorney from owner(s) where an agent acts on behalf of the owner(s). El. Names and-addresseso all adjaeent preperty owners, ineludin prepet4y aeress °b..* ing stfeet° e. d. Names, addresses and telephone numbers of architects and engineers associated with preparation of the plans and plat. e. 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. g L 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 prelimi 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. 16 b. Location, extent, type and surfacing materials or all proposed walks, malls, paved areas, turfing and other areas not be covered by buildings or structures. C. Location, size, type, height and orientation of all signs. Signs net speetfieally appr-oved as paFt of a final development plan shall no d. d. A landscape plan which provides location, type, size and quantities 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 and type of irrigation system shall be indicated. .6 ,11 lan seeping shall m°°t the ^t°' of this seetion ^ on as seetion 26 502. e. Location, extent, types of materials and height of all walls and fences. f Exterior lighting devices; type, height, location and orientation. g. Location, extent, maximum height, number of floors and total floor area of all buildings and structures. h. Total number of dwelling units. and typieal floor- plans fe residential pr-ojeets. Elevations and perspective drawings of all proposed structures and improvements, indicating architectural style and building materials. The drawings need not be the result of final architectural design but of sufficient detail to permit evaluation of the proposed structures. j. Off-street parking and loading plan which indicates the size, location and number of 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, 17 1. A development schedule indicating the approximate date on which construction of the project can be expected to begin and approximate dates when construction will be completed. 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 (andplat) 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 PLANNING COMMISSION CERTIFICATION Recommended for approval Approved this day of by the Wheat Ridge Planning Commission. Chairperson Chairman 18 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 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. 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 scheduling the application before the planning commission. b. Planning commission hearing. Planning commission shall hold a public hearing pursuant to the requirements of section 26-109. The planning commission shall recommend to city council approval, 19 approval with modifications, or denial stating the reasons for action. C. City council hearing. Upon receipt of the planning commission's recommendation, city council shall hold a public hearing pursuant to the requirements of section 26-109. City council shall approve, approve with modifications or deny the application. 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 thirty (30) sixty (60) days of council's final action. Should a recordable approved final development not be provided to the staff within t> ifty(30) sixty (60) days of council's final action, the staff shall schedule a public hearing before city council and city council 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 60-day time limit showing good cause for not meeting the 60-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. interpretation 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. 20 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. F. To vary from the minimum development standards established on a recorded outline development plan, an amended outline development plan is required. G. To vary from the standards set forth on a recorded final development plan, an amended final development plan is required. 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 (prelnminaty outline or final) shall be the same as prescribed for original approval, except as provided for under subsection (-b) (B) 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. 21 B Based upon showing of necessity therefore, minor changes in the locations of structures and their accessory uses, fences, parking areas, landscaping and other site improvements may be permitted as an "administrative amendment" by the community development director, if such changes will not cause any of the following circumstances to occur: Change in the character of the development. 2. Increase in the intensity (or density) of use. 3. Increase of the problems of circulation, safety and utilities. 4. Increase of the external effects on the adjacent properties. 5. Increase in maximum building height. 6. Reduction in the originally approved setbacks from perimeter property lines. 7 Reduction in landscape area of total site, Reduction of a development standard on the approved final development plan provided the reduction does not decrease the development standard to an amount less than the requirement on the approved outline development plan. 8. Relocation of landscape areas which are required as buffer yards or establish project character. 9. Increase in the gross floor area of structures of over 10% beyond the authorized maximum allowed with the approved planned development, but not to exceed an increase of 10,000 square feet. 10. Change of the land area devoted to any approved use by more than 10%. C. Any changes or revisions of a 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. Sec. 26-312. Interim use. Subsequent to rezoning to a Planned Development District and approval of a final development plan, but prior to development and use of a parcel in accordance with the approved plan, the property may continue to be used for any lawful purpose for which it 22 was used at the time of outline development plan approval; provided, however, that no new permanent structures or additions to existing structures will be permitted. Section 2. Safety Clause. The City of Wheat Ridge 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 rations relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 5. 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 in this 22nd day of March , 2004, 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 April 12 , 2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 291Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2004. SIGNED by the Mayor on this day of 2004. GRETCHEN CERVENY, MAYOR ATTEST Pamela Y. Anderson, City Clerk 23 IST publication. March 25, 2004 2nd publication: Wheat Ridge Transcript Effective Date- APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 24 Of WHEgT U m ITEM NO: ~~(ORA00 REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: March 22, 2004 TITLE: COUNCIL BILL NO. 05-2004: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS REGARDING PLANNED DEVELOPMENTS (CASE NO. ZOA-03-14) ❑ PUBLIC HEARING ® ORDINANCES FOR I ST READING (Date: March 22, 2004) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No 4 0k:__. Community Development Director EXECUTIVE SUMMARY: City Manager Article III. of Chapter 26 pertains to the City's planned development regulations. This section of the code recognizes the different types of planned developments in the City and specifies the requirements and processes for the rezoning/outline development plan step and the final development plan step. This section of the code also recognizes the administrative authority of the community development director to approve amendments to final development plans. The existing language was adopted when Chapter 26 was repealed and reenacted in February 2001. Many of the changes proposed by staff are housekeeping measures which remove redundancies and reflect other approved code changes affecting this section. The changes proposed by staff will improve the processing of and standards for planned development district applications. Planning Commission reviewed this request on September 4, 2003, and recommended approval with conditions. Planning Commission reviewed the proposed changes again on February 19, 2004, where a recommendation of approval was given. BOARD/COMMISSION RECOMMENDATION: Planning Commission reviewed this request at a public hearing held on September 4, 2003 and made a recommendation of approval with the following conditions: 1. Regarding Section 26-311.B., there be a limitation of gross floor area not to exceed 10,000 square feet. 2. Following paragraph A of Section 26-311, the following words be added: "and all property owners who may be impacted by the proposed amendment to the final development plan." The recommended conditions from September 4, 2003 were incorporated into the document, although the wording is somewhat different than the original motion. Planning Commission reviewed the proposed amendments again at a public hearing held on February 19, 2004 where a recommendation of approval was made for the following reasons: 1. It alleviates redundant language. 2. It extends the time limit for mylar submittal. 3. It addresses time limits for outline and final development plan expiration. 4. It allows more flexibility for administrative approval of final development plan amendments. There were no recommended conditions of approval. STATEMENT OF THE ISSUES: Many of the proposed changes are minor in nature eliminating redundancies and reflecting other approved code changes. Significant changes include the following: • Similar use determinations: The appeal body for similar use determinations has been modified from the Board of Adjustment to Planning Commission. • Time limit for mylar recordation: The time limit for mylar recordation has been extended from 30 days to 60 days. • Expiration of development plans: The existing time limitation for both the outline and final development plans is one year. Staff is recommending that the expiration period for both documents be eliminated. • Application of standards: Staff is recommending that if a previously approved outline development plan is substandard to today's development standards, that a proposed final development can be consistent with the smaller standards, as represented on the approved outline development plan. • Administrative amendments to development plans: The community development director has the authority to approve final development plan amendments administratively if certain criteria are met. Staff is recommending changes which would allow greater authority for the community development director for approving fdp amendments. Those would include the ability to reduce certain development standards, the ability to increase gross floor area up to 10% and the ability to increase a change of land area in an fdp up to 10%. For more information regarding the proposed changes, please refer to Attachment 1. ALTERNATIVES CONSIDERED: Do not approve legislation. FINANCIAL IMPACT: The expansion of the community development director's authority to approve administrative amendments to final development plans will result in a slight decrease in revenue from application fees. However, this will be offset by a reduction of staff time spent on a project, as it will reduce the number of required public hearings. The other proposed modifications will have no financial impact to the city. RECOMMENDED MOTION: "I move to approve Council Bill. No. 05-2004, Case No. ZOA-03-14, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding planned developments, ordered published, public hearing set for April 12, 2004, at 7:00 PM in the City Council Chambers, and that it take effect 15 days after final publication." Or, "I move to table indefinitely Council Bill No. 05-2004, Case No ZOA-03-14, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding planned developments." Report Prepared by: Meredith Reckert, 303-235-2848 Reviewed by: Alan White Attachments: 1. February 19, 2004, Planning Commission report 2. Council Bill No. 05-2004 CounciWctimform City of Wheat Ridge Planning and Development Department Memorandum TO: Planning Commission FROM: Meredith Reckert SUBJECT: Case No. ZOA-03-14/Planned Development District Regulations DATE: February 10, 2004 This Case is: Quasi-judicial X Legislative Proper notice was given for this public hearing. Background Attached is legislation amending Chapter 26 of the Wheat Ridge Code of Laws regarding planned developments. On September 4, 2003, Staff discussed proposed amendments to the planned development district regulations with Planning Commission. At that meeting, a motion was made to amend the regulations as proposed by staff with the following changes: 1. Regarding Section 26-311.B., there be a limitation of gross floor area not to exceed 10,000 square feet. 2. Following paragraph A of Section 26-311, the following words be added: "and all property owners who may be impacted by the proposed amendment to the final development plan. Attached is staffs original memo to Planning Commission. Attached also are the minutes from the September 4 meeting as well as minutes from the December 4, 2003, where there was intermingled discussion regarding both the expiration of plan approvals and the issue of old development plans inconsistent with today's development standards. Staff has had additional time to discuss and consider other changes as outlined below. Changes proposed for the Commission's consideration are shown in bold. Deletions are shown in st fik,, ATTACHMENT 1 Summary of Ordinance Changes/Staff Comments The following revisions are being proposed as shown on Exhibit 1: • References to "subdistrict": References to planned development "subdistricts" have been modified to "planned development district categories" (page 1). • PMUD: The Planned Mixed Use Development (PMUD) district has been incorporated into the categories of identified planned developments within the city (page 1). No change from original PC review. • Lot coverage: The definition citation and specific requirements for lot coverage have been removed from the different planned developments design standards (pages 3, 4, 5, 7, 8). No change from original PC review. • Landscaping, parking, fences and walls and signage: The language relative to these design standards has been reworded. These revisions do not reduce the requirement, but recognize that there can be flexibility in application based on the design features of a specific planned development district through the outline and final plan approval processes. This revision affects all five of the planned development districts (pages 3, 4, 5, 6, 7, 8, 9). No change from original PC review. • Commercial use conditions in the PRD district: Mixed-use developments are more. appropriately addressed through PMUD applications. For this reason, staff is recommending the commercial use conditions be removed from the PRD zone district regulations (page 3). No change from original PC review. • Residential use conditions in the PCD district: Mixed-use developments are more appropriately addressed through PMUD applications. For this reason, staff is recommending the residential use conditions be removed from the PCD zone district regulations (page 5). No change from original PC review. • Planned Hospital District: Independent living units have been added as an allowed use in the PHD district. (page 6) The allowed residential density has been corrected from 21 units per acre (old standard) to 16 units per acre (current standard) (page 7). No change from original PC review. • Planned Mixed Use District: The residential density standard has been corrected by the elimination of required commercial parking from the density calculation. This revision is consistent with the original ordinance adopting the PMUD district (page 8). No change from original PC review. • Similar use determinations: Staff has modified the appeal body from Board of Adjustment to Planning Commission. The use determination is memorialized by a recorded affidavit of amendment to the outline development plan (page 10). • Removal of preliminary plats: The subdivision process was modified last year by elimination of the preliminary plat step. This change is consistent with that legislation (p. 10). No change from original PC review. • Neighborhood meeting: The word "referral" has been removed and the applicant is required to provide a notice of the neighborhood meeting. It is standard procedure that a representative of the planning division staff attends and prepares a synopsis of the meeting that becomes a part of the file (page 11). • Outline development plan submittal requirements: Item f. (list of adjacent property owners) has been removed from the applicant's submittal requirements. Planning division staff researches and provides the adjacent owner list (page 11). • Outline development plan contents: "Typical" lot sizes has been replaced with "minimum" lot sizes (page 13). No change from original PC review. • Planning Commission Certificate: The Planning Commission certificate for both outline and final plan document certifications has been revised (pages 14 and 18). No change from original PC review. • Time limit for mylar recordation: Staff is recommending that the time limit for recordation of mylars for outline and final development plans be extended from 30 to 60 days with the opportunity for one extension (pages 15 and 19). No change from original PC review. • Final development submittal requirements: Item d. (list of adjacent property owners) has been removed from the applicant's submittal requirements. Planning division staff researches and provides the adjacent owner list (page 16). Item f. has been expanded to allow the discretionary requirement for submittal of civil engineering plans (page 16). • Final development plan contents: The last sentence in each items c. and d. of Section 2 have been stricken as they are redundant (page 16). • Final development plan contents: The requirement for typical floor plans as part of the final development plan package has been removed (page 17). The "owner's certification" has been modified by the removal of the words "and plat" as it is a requirement in the code that these documents be separately recorded (page 18). No change from original PC review. Expiration of final development plans: The existing one-year expiration period for all development plans is located in section 26-107. Staff is recommending that the expiration period for both outline and final development plans be eliminated. The outline plan stage is the zoning step and the corresponding odp document should remain in effect in perpetuity. Staff is recommending that the expiration of final development plans be 3 dictated by the development schedule required on the fdp. If the terms of the development schedule on the fdp are exceeded, an amendment will be required (page 20). Application of standards: A previous discussion with Planning Commission at the December 4 meeting related to dealing with old development plans that do not meet today's standards. After more discussion at the staff level, we have recommended that if an old outline plan does not meet today's standards, a proposed final development plan can be consistent with that approval and the former, smaller standards (page 20). Example scenario: Generally, a property's lot coverage is made up of a combination of building, parking and landscaped coverages equaling 100% of the site. An increase or decrease in one of these areas should result in a corresponding increase or decrease in the other two categories. If a recorded outline development plan is approved showing 10% landscaped coverage (the old standard), is it fair that the landscaped coverage required at the time of final development plan approval be increased to 20% (the new standard)? What will be the corresponding decrease? In most cases, the corresponding decrease would be in permitted building area. What if someone has purchased a property based on a specific square footage of building area allowed as reflected on a recorded outline development plan? If the zoning on a property and a recorded outline development plan are to remain in effect in perpetuity, shouldn't the approved final development plan reflect the standards established on the outline plan? Amendments to development plans (owner approval): The existing regulations specify that all owners of real property within the confines of the proposed outline development plan must approve of the application in writing. This would also apply to outline development plan amendments. The regulations pertaining to owner concurrence for a final development amendment are unclear. Per Planning Commission recommendation, this section was modified so that owners outside of the phase must concur if there are modifications to the common elements (access, drainage, utilities and circulation). This provision is worded somewhat differently than the Planning Commission motion (page 21). • Amendments to development plans: The Community Development Director has the authority to approve final development amendments administratively if certain criteria are met. Reduction of development standards: Staffs original recommendation discussed at the September 4 meeting was specific to landscaping. Staff has revised our recommendation so that administrative approval authority is applied to all development standards (landscaped coverage, setbacks, parking, building height, signage). The director could approve an amendment to reduce the development standard from the original final plan approval as long as it would not reduce the development standard to an amount less than the requirement on the original outline plan (page 22, item 7). Example scenario: A particular outline development plan designates minimum landscaped coverage to be 20%. The final development plan has been approved with 4 28% landscaped coverage. The owner would like to displace some landscaping to install an additional handicapped parking space. The resultant reduction of landscaping is 3%, bringing the proposed total to 25%. Under this provision, the Director could approve the reduction as the landscaping coverage still exceeds the original 20% required by the outline development plan. Example scenario: An outline development plan is approved allowing commercial structures with minimum perimeter side and rear setbacks of 10'. A final development plan is approved showing side setbacks of 15'. After the final design drawings are completed, the architect realizes the structure needs to be setback 12' on one side to accommodate special HVAC equipment housed within the building. Under this provision, the Director could approve the 3' setback reduction, as the resulting setback is still larger than the 10' minimum side setback allowed by the approved outline development plan. Increase in gross floor area: Staff is recommending that the Community Development Director be authorized to approve increases of gross floor area of no more than 10%. This is allowed in many other cities in the metropolitan area (Westminster, Littleton, Arvada, Lakewood). Planning Commission amended this provision at their September 4 meeting to allow an increased floor area not to exceed 10,000 square feet (page 21, item 9). Increase in land area devoted to a particular use: Another common practice in other cities is to allow administrative approval of a change of land area devoted to a particular use (i.e., residential versus commercial). All of the cities canvassed had a limitation of not more than a 10% change. (page 22, item 10). No change from original PC review. RECOMMENDED MOTION: "I move that Case No. ZOA-03-14, proposed amendments to Chapter 26 of the Wheat Ridge Code of Laws regarding planned development, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. It alleviates redundant language. 2. It extends the time limit for mylar submittal. 3. It addresses time limits for outline and final development plan expiration. 4. It allows more flexibility for administrative approval of final development plan amendments". Exhibits: 1. Proposed Revisions 2. Original memo to Planning Commission dated August 29, 2003 3. Minutes of Planning Commission meeting dated September 4, 2003 4. Minutes of Planning Commission meeting dated December 4, 2003 City of Wheat Ridge Chapter 26 Article IIl. Planned Development District Regulations Planning Commission - February 19, 2004 9-4-03 PC recommendations incorporated Sec. 26-301. Scope and application. A. There is hereby created a Planned Development District to further promote the public health, safety and general welfare by permitting greater flexibility and innovation in land development based upon a comprehensive, integrated plan. For the purpose of ensuring maximum flexibility of this district, the district is divided into the following subdistgot de pluuped development zone, district categories, based on the primary land use of a proposed development plan or portion thereof: 1. Planned Residential Development--PRD. 2. Planned Commercial Development--PCD. 3. Planned Industrial Development--PID. 4. Planned Hospital Development--PHD. 5. Plauged:Mixed-U,seDevelopmerit-PMVD By creating the above ` zone cJtstt iet categories; the city council recognizes that these ozone distnct`eatggones may exist singly or in combination within any approved planned development. B. On and after the effective date of this chapter as set forth in section 26-1003, all applications for private rezoning under section 26-112 for properties in excess of one (1) acre (for rezoning to residential or industrial zones), and all applications for private rezoning to any commercial district shall be required to request rezoning to one (1) of the listed planned development tsts zone district categories. The procedure for review of any planned development application shall be that for private rezoning at section 26-112. A Planned Development District may be approved for any single use or any combination of uses; provided, that the intent and purposes of this section are met, and that the general health, safety and welfare of the community are advanced through its approval. This section shall apply to: Any new application for a rezoning to a Planned Development District. 2. Any, application for amendment to an existing planned development s.,ux; . - zone district;' EXHIBIT 1 C. The intent of the Planned Development District is to permit the establishment of well-designed, innovative developments which may not be permitted by a standard zone district, hewever but, which maybe permitted through the use of an approved development plan by assuring greater control and specificity of intended development character, use, operations and maintenance, while at the same time allowing flexibility and diversity. This district recognizes the great variety of land use intensities, densities, and environmental and land use interfaces which are possible. The general purposes of this section are as follows: 1. To accomplish compatible development with adjacent commercial, residential and/or industrial land uses through proper land use transitions and buffering techniques. 2. To promote flexibility in design and permit diversification in the location of structures. 3. To promote the efficient use of land to facilitate a more economic arrangement of building, circulation systems, land use and utilities. 4. To preserve, to the greatest extent possible, the existing landscape features and to minimize impacts on other natural features of the site. To provide for more usable space through the combination and grouping of structures, parking, loading and storage areas. 6. To combine and coordinate architectural styles, building forms and building relationships within the planned developments. To minimize traffic congestion on public streets, control street access, and to provide for well-designed interior circulation. 8. To ensure that adequate public utilities and facilities are available within the area, to serve the specific development. 9. To promote conformance with the adopted comprehensive plan, established policies and guidelines for the area and for the community. See. 26-303. Planned Residential Developments (PRD) regulations. A. Area: No minimum. B. Density: Maximum sixteen (16) dwelling units per acre. C. Height: Maximum thirty-five (35) feet. 2 . 1 1. requirements of this section shall not apply to impose a density requirement of less than twenty-one (21) units per acre, with respect to the reconstruction of residential dwelling in the PRD district, where such structures and their reconstruction meet all of the following requirements: 1. The structure was legally in existence on September 8, 1997; 2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction; and 3. Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: New construction where no replacement of a preexisting structure takes place; or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). I. All planned residential developments shall meet the residential site standards of article V. umgo,,,~pe plan; k J A planned residential development shall be required for any mobile home park and must meet the standards for mobile home park design in section 26-506. Sec. 26-304. Planned Commercial Developments (PCD) regulations. A. Area: No minimum. H-. Resideatialuse.~eeo*OS4 L G. A Planned Commercial District shall be used to establish any proposed recreational vehicle park. Sec. 26-305. Planned Industrial Development (PID) regulations. A. Area: Each Planned Industrial Development District shall be minimum of one (1) acre. B. Height: Maximum fifty (50) feet. ~~s. H-.: G. All planned industrial developments shall meet the industrial performance standards set forth in section 26-505. See. 26-306. Planned Hospital District (PHD) regulations. A. Allowable uses. The following uses hereinafter listed shall be permitted only as specifically designated on the approved final development plan: Public and private general hospital. 2. Hospitals or sanitariums for contagious diseases, or the mentally disturbed or handicapped. 3. Tt►$gpendefit hvtng unts,erBes homes for the aged, nursing homes, congregate care homes, hospices or similar residential facilities which are accessory to a hospital or sanitarium principal use. 4. Accessory uses and structures customarily associated with the permitted uses as shown on the approved final development plan. B. Area. Each Planned Hospital District shall be a minimum of five (5) acres, except as provided, below. C. Lot width. Two hundred (200) feet minimum. D. Setback requirements: Front: Fifty (50) feet minimum. 2. Side: Twenty-five (25) feet minimum plus ten (10) feet for each story. The intent is to provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property. Rear: Twenty-five (25) feet minimum, plus ten (10) feet for each story. The intent is to provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property. E. Height: Hospital buildings: Fifty (50) feet maximum, except as follows: a. Sixty-five (65) feet where the lot on which the building is to be constructed is at least fifty (50) acres in size. b. Additions attached to existing hospitals may be built to a height not to exceed the height of the existing building. 2. Offices: Fifty (50) feet maximum. Residential: Thirty-five (35) feet maximum. 4. Accessory: Thirty-five (35) feet maximum. R., G. Landscaping: Minimum twenty-five (25) percent overall site requirement. 2. Twenty-five-foot landscape buffer required along property lines adjacent to residential zoned property. 3. Unless otherwise specifically provided for on the approved plan, all landscaping shall meet the requirements set forth in section 26-502. Sec. 26-306.5. Planned Mixed Use District. A. Applicability. This zone district shall be used only in the mixed use areas shown on the Streetscape Classification Map in the Streetscape and Architectural Design Manual adopted January 11, 2002, as amended. B. Purpose. This district is established to provide a zoning classification to allow the integration of residential and commercial uses and development which is consistent with the surrounding neighborhoods and which meets the intent of the comprehensive plan and the Streetscape and Architectural Design Manual. It is not intended to be used solely to permit a higher density than allowed in the planned residential development (PRD) district nor to circumvent other specific standards of the planned residential and planned commercial districts. Instead, it is intended to create a zone district which will allow flexibility in use, design, and orientation while maximizing space, community interest and protecting nearby and adjacent residential neighborhoods. C. Permitted uses. Permitted uses shall be a mixture of residential and commercial uses governed by approval of the outline development plan. D. Area. No minimum. E. Height. Maximum fifty (50) feet for freestanding commercial buildings only; thirty-five (35) feet for structures containing commercial and residential uses; thirty-five (35) feet for freestanding residential structures. C. ,F Density. Maximum of sixteen (16) units per acre. Land used for commercial uses g excluding parking, may not be used to calculate the maximum of sixteen (16) units per acre. If the commercial and residential uses are mixed in the same building, the land attributable to the commercial use shall be considered to be one-half (1/2) of the building footprint. If the commercial and residential uses are in separate buildings, the land attributable to the commercial use shall be considered to be the entire commercial building footprint. 381- Allowances may be made for shared parking spaces if it can be demonstrated to the satisfaction of the person or approval body designated as having final approval authority that parking demand for different uses occurs at different times. Sec. 26-307. Similar uses in planned developments. A. Definition. A similar use is a use which would be similar in size, type of operation, services provided or equipment used, number of employees, and hours of operation and which would: Be compatible in character and impact with permitted uses in the planned development, 2. Be consistent with the intent of the planned development, 3. Not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, and 4. Not be hazardous to the health and safety of surrounding areas through danger of fire or explosion. B. Similar use determination process. Any use which is not specifically listed as a permitted use in a planned development district is allowed only under the following procedure: The comtnuntfy development director shall notify adjacent property owners by letter notice and posting of the site for ten (10) days that a similar use is requested for the property. The notice and posting shall contain a description of the proposed similar use and a copy of Ordinance 1200, series 2000. 9 2. If no written objection to the proposed similar use is received and the planning and development director finds that the proposed similar use meets the definition of similar use contained in section (a) above, the µ community development_ director is authorized to approve the similar use. If a written objection is received or if the community development director finds that the definition of similar use does not apply, the f$ and deelegr@xt commumt} seelopment director shall forward the determination request to the 1~earti e£d}eAE plannntg gbmmJssron at a public hearing. Notice of said hearing shall be as provided in section 26-109. C. Recordation. If approved, the similar use shall be recorded a5 i aff`idavi of amendp►ent to #he;ontlrne development plan.,ti. , Sec. 26-308. Application for planned developments. All applications for approval of a planned development, redevelopment, alteration or addition shall be filed with the cominunitg developinent,department prior to issuance of a building permit. In some instances, platting is required and the plat can be processed concurrently with the 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 submitted for consideration by itself or it may be combined with a final development plan. When the outline development plan is combined with final plans, two (2) separate drawings are required. 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 development plans. All requirements of the subdivision regulations for a eltnaz 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 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 10 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. 1. Submittal requirements. a. Appropriate fee. b. C. Complete and notarized application. d. Proof of ownership, such as copies of deeds or title commitment. e. Power of attorney from owner(s) where an agent acts on behalf of the owner(s). g, f Names, addresses, telephone numbers of architects, surveyors, and engineers associated with the preparation of the plans. h. 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. The drawings may be in general schematic form 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 11 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, 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. General indication of areas to be landscaped. 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. j. Approximate location and extent of major use areas. 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. in. Scale (no less than one (1) inch equals one hundred (100) feet) and north arrow. 12 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. Project data for the entire site and including, by phase, building area and percent, paved area and percent, landscape area and percent, number of lots, zeal minimum lot sizes and dimensions, net density, gross density, etc. S. Development time schedule by phase. Required certifications. 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 13 My commission expires NOTARYSEAL PLANNING COMYUSS110IN CERTIFICATION Chairperson aT n rnm4n n ~m rc~-~cr. ^D"'~'``T'T' 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 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: 14 Deputy 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. 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 a proposed development. Submittal requirements: a. Complete and notarized application. b. Proof of ownership, such as copies of deeds or title commitment. 15 C. Power of attorney from owner(s) where an agent acts on behalf of the owner(s). e d Names, addresses and telephone numbers of architects and engineers associated with preparation of the plans and plat. € e 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. g. f. Additional information may be required, including, but not limited to, geological stability report, traffic impact report, civil eugineer►ng 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 i5m outline develop, i t 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. Location, extent, type and surfacing materials or all proposed walks, malls, paved areas, turfing and other areas not be covered by buildings or structures. C. and orientation of all d. A landscape plan which provides location, type, size and quantities 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 and type of irrigation system shall be indicated. "'x' 16 e. Location, extent, types of materials and height of all walls and fences. f. Exterior lighting devices; type, height, location and orientation. g. Location, extent, maximum height, number of floors and total floor area of all buildings and structures. h. Total number of dwelling units:r resi&~al i. Elevations and perspective drawings of all proposed structures and improvements, indicating architectural style and building materials. The drawings need not be the result of final architectural design but of sufficient detail to permit evaluation of the proposed structures. j. Off-street parking and loading plan which indicates the size, location and number of 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, A development schedule indicating the approximate date on which construction of the project can be expected to begin and approximate dates when construction will be completed. 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): 17 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 (-gla 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 PLANNING-COMMISSION,-C' JON Chairperson C011IIYIUNiTl AMLOOWNT DIRECTOR CITY COUNCIL CERTIFICATION Approved this day of by the Wheat Ridge City Council ATTEST: City Clerk Mayor 18 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. Review procedures: a. Staff review. Upon filing of an application and other required documents, the coinmuriity developynenf 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 the planning commission. b. Planning commission hearing. Planning commission shall hold a public hearing pursuant to the requirements of section 26-109. The planning commission shall recommend to city council approval, approval with modifications, or denial stating the reasons for action. C. City council hearing. Upon receipt of the planning commission's recommendation, city council shall hold a public hearing pursuant to the requirements of section 26-109. City council shall approve, approve with modifications or deny the application. d. 19 5. Expiration.offinaldevelopmeriYplauappxovals,,rgap~licatons_ Sec. 26-309. into etatien Application of sta ddrds 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 cgmmuni£y 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 ontLlie 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 w commufi developmehf 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. 20 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. B. Based upon showing of necessity therefore, minor changes in the locations of structures and their accessory uses, fences, parking areas, landscaping and other site improvements may be permitted as an "administrative amendment" by the c67nu►unity development direcfore if such changes will not cause any of the following circumstances to occur: Change in the character of the development. 2. Increase in the intensity (or density) of use. Increase of the problems of circulation, safety and utilities. 4. Increase of the external effects on the adjacent properties. 5. Increase in maximum building height. 21 Sec. 26-311. Amendments to development plans. Reduction in the originally approved setbacks from perimeter property lines. 7. 8. 9 Increase in the gross floor area of structures of over 10% beyond the authorized maximum allowed with the approved planned development, but not to exceed an u►crease of X0;000 sgpare, feet♦ C. Any changes or revisions of a 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`oWe4Y4;tlig deadline provisions of eetion 26 3Q8 D 4>d, See. 26-312. Interim use. Subsequent to rezoning to a Planned Development District and approval of a final development plan, but prior to development and use of a parcel in accordance with the approved plan, the property may continue to be used for any lawful purpose for which it was used at the time of outlme developmot plan approval; provided, however, that no new permanent structures or additions to existing structures will be permitted. 22 orr-. aRelocation of landscape areas which are required as buffer yards or establish project character. City of Wheat Ridge ~~rq Community Development Department U ~ Memorandum COL OF TO: Planning Commission FROM: Meredith Reckert SUBJECT: Case No. ZOA-03-14/Planned Development District Regulations DATE: August 29, 2003 Attached for the Planning Commission's consideration are staff's proposed changes to Article 111. of the Zoning and Development Code. The existing planned development regulations were incorporated into Chapter 26 when it was rewritten in 2001. For comparison purposes, both the existing section of the code with proposed changes (Exhibit l) and the proposed revisions in ordinance form (Exhibit 2) have been included. Only the affected sections of the regulations have been included in the ordinance. The format of both documents uses Emike tltreughs for deleted language and bolding for additions. All changes have been designated with shadowLug. The following revisions are being proposed as shown on Exhibit 1: • PMUD: The Planned Mixed Use Development (PMUD) district has been incorporated into the categories of identified planned developments within the city (page 1). Lot coverage: The definition citation and specific requirements for lot coverage have been removed from the different planned developments design standards (pages 2, 4, 5, 7, 8). • Landscaping, parking, fences and walls and signage: The language relative to these design standards has been reworded. These revisions do not reduce the requirement, but recognize that there can be flexibility in application based on the design features of a specific planned development district through the outline and final plan approval processes. This revision affects all five of the planned development districts (pages 2, 3, 4, 5, 6, 7, 8, 9). • Commercial use conditions in the PRD district: Mixed use developments are more appropriately addressed through PMUD applications. For this reason, staff is recommending the commercial use conditions be removed from the PRD zone district regulations (page 3). • Residential use conditions in the PCD district: Mixed use developments are more appropriately addressed through PMUD applications. For this reason, staff is recommending the residential use conditions be removed from the PCD zone district regulations (page 5). Planned Hospital District: Independent living units have been added as an allowed use in the PHD district. (page 6) The allowed residential density has been corrected from 21 units per acre (old standard) to 16 units per acre (current standard). (page 7) EXHIBIT 2 • Planned Mixed Use District: The residential density standard has been corrected by the elimination of required commercial parking from the density calculation. This revision is consistent with the original ordinance adopting the PMUD district (page 8). • Removal of preliminary plats: The subdivision process, was modified last year by elimination of the preliminary plat step. This change is consistent with that legislation (p. 10). • Neighborhood meeting: The word "referral" has been removed (page 11). • Outline development plan contents: "Typical" lot sizes has been replaced with "minimum" lot sizes (page 13). • Planning Commission Certificate: The Planning Commission certificate for both outline and final plan document certifications has been revised (pages 14 and 18). • Time limit for mylar recordation: Staff is recommending that the time limit for recordation of mylars for outline and final development plans be extended from 30 to 60 days with the opportunity for one extension (pages 15 and 19). • Final development plan contents: The requirement for typical floor plans as part of the final development plan package has been removed (page 17). The "owner's certification" has been modified by the removal of the words "and plat" as it is a requirement in the code that these documents be separately recorded. • Expiration of final development plans: A provision for expiration of final development plans has been incorporated into the planned development regulations. The existing provision is currently located in section 26-107 and provides a one-year expiration period. Staff is recommending the expiration period be extended to three years. • Amendments to development plans (owner approval): The existing regulations specify that all owners of real property within the confines of the proposed outline development plan must approve of the application in writing. This applies to both outline plan approvals and outline plan amendments. The regulations pertaining to owner concurrence for a final development amendment are unclear. Staff recommends that agreement be required by only owners within the parcel or phase where the amendment will occur. • Amendments to development plans: The Community Development Director has the authority to approve final development amendments administratively if certain criteria are met. Reduction of landscaping: Staff is recommending that the administrative approval authority be applied to landscaped coverage in very limited situations. The director could approved an amendment to reduce the amount of landscaping from the original final plan approval as long as it would not reduce the landscaped area to an amount less than the requirement on the original outline plan. 2 Example scenario: A particular outline development plan designates minimum landscaped coverage to be 20%. The final development plan has been approved with 28% landscaped coverage. The owner would like to displace some landscaping to install an additional handicapped parking space. The resultant reduction of landscaping is 3%, bringing the proposed total to 25%. Under this provision, the Director could approve the reduction as the landscaping coverage still exceeds the original 20% required by the outline development plan. (page 21, item 7). Increase in gross floor area: Staff is recommending that the Community Development Director be authorized to approve increases of gross floor area of no more than 10%. This is allowed in many other cities in the metropolitan area (Westminster, Littleton, Arvada, Lakewood). (page 21, item 9) Increase in land area devoted to a particular use: Another common practice in other cities is to allow administrative approval of a change of land area devoted to a particular use (ie, residential versus commercial). All of the cities canvassed had a limitation of not more than a 10% change. (page 21, item 10) RECOMMENDED MOTION: "I move that Case No. ZOA-03-14, proposed amendments to Chapter 26 of the Zoning and Development Code regarding planned development district regulations, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: I . It alleviates redundant language. 2. It extends the time limit for mylar submittal. 3. It extends the time limit for final development plan expiration. 4. It allows more flexibility for approval of administrative final development plan amendments." PUBLIC HEARINGS A. Case No: WZ-02-13 (continued from August 21, 2003): An application filed by Melody Homes, Inc. for approval of a Planned Residential Development final development plan for property located at 10285 Ridge Road. B. Case No. WS-02-01 (continued from August 21, 2003): An application filed by Melody Homes, Inc. for approval of a 38-lot subdivision plat for property located at 10285 Ridge Road. A request was made for continuance of the Final Development Plan and Final Plat to the next Planning Commission meeting. Staff recommended approval of this request. It was moved by Commissioner STITES and seconded by Commissioner McMILLIN that Case No. WZ-02-13, a request for approval of a final development plan, and Case No. WS-02-01, a request for approval of a 38-lot major subdivision plat, for property located at 10285 Ridge Road, be continued to September 18, 2003. The motion passed 6-0 with Commissioners DAVIS and PLUMMER absent. C. Case No. ZOA-03-13: An ordinance amending Section 26-110 of the Wheat Ridge Code of Laws concerning cost recovery for construction of certain public improvements. This case was presented by Meredith Reckert. She reviewed the staff report which contained an ordinance prepared by the city attorney's office regarding future cost recovery for required improvements. It would allow developers who install public street and drainage improvements to be reimbursed from a subsequent developer who benefits from the original construction of these public improvements. Staff recommended approval of the ordinance. It was moved by Commissioner WEISZ and seconded by Commissioner WITT that Case No. ZOA-03-13, a proposed amendment to Chapter 26 of the Zoning and Development Code regarding cost recovery for the installation of public improvements, be forwarded to City Council with a recommendation of approval for the following reason: It will allow developers to be reimbursed for construction of improvements that benefit others. The motion passed 6-0 with Commissioners DAVIS and PLUMMER absent. This case was presented by Meredith Reckert. She reviewed each existing section of the code and compared them with the proposed revisions. Staff recommended approval of the ordinance. Planning Commission September 4, 2003 D. Case No. ZOA-03-14: An ordinance amending Article III of Chapter 26 of the Wheat Ridge Code of Laws pertaining to planned developments. Page EXHIBIT 3 It was moved by Commissioner BERRY and seconded by Commissioner McMILLIN that Case No. ZOA-03-14, proposed amendments to Chapter 26 of the Zoning and Development Code regarding planned development district regulations, be forwarded to City Council with a recommendation of approval for the following reasons: I. It alleviates redundant language. 2. It extends the time limit for mylar submittal. 3. It extends the time limit for final development plan expiration. 4. It allows more flexibility for approval of administrative final development plan. With the following conditions: 1. Regarding Section 26-311.B.9, there be a limitation of gross floor area not to exceed 10,000 square feet. 2. Following paragraph A of Section 26-311, the following words be added: and all property owners who may be impacted by the proposed amendment to the final development plan. The motion passed 6-0 with Commissioners DAVIS and PLUMMER absent. E. Case No. ZOA-03-15: An ordinance amending Section 26-106 of the Wheat Ridge Code of Laws concerning the review process chart. This case was presented by Meredith Reckert. She reviewed the staff report and reviewed the existing process chart comparing it with the proposed revisions. It was moved by Commissioner McMILLIN and seconded by Commissioner STITES that Case No. ZOA-03-15, a proposed amendment to Chapter 26 of the Zoning and Development Code regarding the land use review process chart, be forwarded to City Council with a recommendation of approval for the following reasons: I. It will streamline the review process by simplifying the pre-application meeting requirement. 2. It expedites the subdivision approval process by elimination of the neighborhood meeting requirement. 3. It distinguishes between the different categories of planned development approvals. 4. It reflects recent legislation regarding the special use process. With the following condition: That wording in footnote #1 of the proposed review process chart be changed to read: Iffrve or fewer parcels, minor subdivision process applies. If more than five parcels, major subdivision process applies. The motion passed 6-0 with Commissioners DAVIS and PLUMMER absent. Punning Commission Page 3 September 4, 2003 B. Case No. ZOA-03-17: An ordinance amending Section 26-107 of the Wheat Ridge Code of Laws concerning expiration of development approvals. Meredith Reckert presented this matter. She reviewed the staff report and noted that staff recommended removal of time limits on outline development plans so they remain in perpetuity. However, staff acknowledges there should be more discussion and consideration on the proposed changes to the final development plan expirations and recommended continuation of that discussion to a later time. Alan White explained that there are final development plans that are 30 years old where the outline plan sets the standard for landscaping at 8% to 10%. The current requirement for landscaping is 20%. Commissioner McNAMEE asked how many old planned developments exist that have never been developed. Alan White explained that most situations deal with the last one or two buildings within an old planned development. He estimated there are probably two dozen of these situations. Commissioner PLUMMER suggested a requirement that, if not developed within a certain number of years, the plan must be reviewed which would involve new application fees. Commissioner STITES suggested a requirement that the application must be brought up to current code requirements after a certain time limit has passed. Commissioner McMILLIN asked about an applicant's vested rights with prior development approval. Alan White explained that the statutory limit for vested rights is three years. However, a developer could come in and request a vested rights agreement but such agreement would have to be reviewed and approved by City Council. Commissioner PLUMMER expressed concern that large projects sometimes take longer than three years to prepare for construction and drainage, roadway and other conditions could change during that time. Alan White explained that notices of any such changes in Planned Developments are given to the owners or developers of surrounding properties. Commissioner McMILLIN suggested a provision to shift amenities such as landscaping according to changes that have taken place since the initial approval. Commissioner McNAMEE asked if there were time restrictions for a developer to begin or complete his project. Alan White stated that there is the one-year restriction to begin building. He noted that a provision in the code adopted two years ago stated that building needed to begin within one year of adopting the code or their approval would expire. No notice to owners was given of this requirement. No one responded to this action. Commissioner McMILLIN suggested a survey of other municipalities regarding their regulations. Meredith Reckert stated that she checked with other municipalities and found that most have a three-year limitation on final development plans. She didn't check to see what Planning Commis December 4. 2003 EXHIBIT 4 Page 3 procedures were in place when the time limitation is up and indicated that she would contact neighboring municipalities regarding this matter. It was moved by Commissioner PLUMMER and seconded by Commissioner MCMILLIN that Case No. ZOA-03-17, an ordinance amending Section 26-107 of the Wheat Ridge Code of Laws concerning expiration of development approval, be continued to February 5, 2004. The motion passed unanimously. S. OLD BUSINESS Alan White reported that AutoNation is in the rocess of installing a weilands!detention pond and storm sewer improvements out to 38' Avenue. A building permit for their new building is anticipated in the spring. They have indicated they want to be open by Januan, 2005. In response to a question from Commissioner McNAMEE regarding the temporary lot at Lutheran Hospital, Meredith Reckert explained this will accommodate construction and employee parking that is being displaced by the new medical building construction. This is being processed as an administrative amendment and staff is attempting to stay cognizant of neighborhood concerns. Alan White reported that there is a 5-year time limit on the temporary lot. 9. NEW BUSINESS • Alan White reported that the December 18'h Planning Commission agenda will include RV regulations. • Meredith Reckert reported that the interview process has begun to fill the planner technician vacancy. 10. COMMISSION REPORTS There were no commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee and department reports. 12. ADJOURNMENT It was moved by Commissioner PLUMMER and seconded by Commissioner STITES to adjourn the meeting at 7:55p.m. The motion passed unanimously. /1 I ua AfC CA )?'L'2-4 Marian McNamee, Chair ~A Ann Lazaeri, Recordin retary Planning Commission December 4, 2003 Page 4 INTRODUCED BY COUNCIL MEMBER Council Bill No. 05-2004 Ordinance No. Series of 2004 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PLANNED DEVELOPMENT DISTRICT REGULATIONS WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to the requirement for and content of planned development districts; WHEREAS, the City has identified changes which will improve the processing of and standards for planned development district applications. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Article III of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as follows Sec. 26-301. Scope and application. A. There is hereby created a Planned Development District to further promote the public health, safety and general welfare by permitting greater flexibility and innovation in land development based upon a comprehensive, integrated plan. For the purpose of ensuring maximum flexibility of this district, the district is divided into the following bdis'rie' desig atie is planned development zone district categories, based on the primary land use of a proposed development plan or portion thereof: Planned Residential Development--PRD. 2. Planned Commercial Development--PCD. 3. Planned Industrial Development--PID. 4. Planned Hospital Development--PHD. 5. Planned Mixed Use Development - PMUD. By creating the above sti , zone district categories, the city council recognizes that these sects zone district categories may exist singly or in combination within any approved planned development. ATTACHMENT 2 B. On and after the effective date of this chapter as set forth in section 26-1003, all applications for private rezoning under section 26-112 for properties in excess of one (1) acre (for rezoning to residential or industrial zones), and all applications for private rezoning to any commercial district shall be required to request rezoning to one (1) of the listed planned development su stets zone district categories. The procedure for review of any planned development application shall be that for private rezoning at section 26-112. A Planned Development District may be approved for any single use or any combination of uses; provided, that the intent and purposes of this section are met, and that the general health, safety and welfare of the community are advanced through its approval. This section shall apply to: Any new application for a rezoning to a Planned Development District. 2. Any application for amendment to an existing planned development s~~abdistriet. zone district. C. The intent of the Planned Development District is to permit the establishment of well-designed, innovative developments which may not be permitted by a standard zone district, however but, which may be permitted through the use of an approved development plan by assuring greater control and specificity of intended development character, use, operations and maintenance, while at the same time allowing flexibility and diversity. This district recognizes the great variety of land use intensities, densities, and environmental and land use interfaces which are possible. The general purposes of this section are as follows: 1. To accomplish compatible development with adjacent commercial, residential and/or industrial land uses through proper land use transitions and buffering techniques. To promote flexibility in design and permit diversification in the location of structures. To promote the efficient use of land to facilitate a more economic arrangement of building, circulation systems, land use and utilities. 4. To preserve, to the greatest extent possible, the existing landscape features and to minimize impacts on other natural features of the site. 5. To provide for more usable space through the combination and grouping of structures, parking, loading and storage areas. 6. To combine and coordinate architectural styles, building forms and building relationships within the planned developments. To minimize traffic congestion on public streets, control street access, and to provide for well-designed interior circulation. 2 8. To ensure that adequate public utilities and facilities are available within the area, to serve the specific development. To promote conformance with the adopted comprehensive plan, established policies and guidelines for the area and for the community. Sec. 26-303. Planned Residential Developments (PRD) regulations. A. Area: No minimum. B. Density: Maximum sixteen (16) dwelling units per acre. C. Height: Maximum thirty-five (35) feet. D. Landscaping: In accordance with Section 26-502, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. Minimthii five (25) percent (See e_tion 26 502~ F E. Parking: In accordance with Section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. Based ,.:r.e uses. See seetien 26 501.) upen Q. F. Fences and walls: In accordance with Section 26-603, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. As speeifieally detailed en aft approved final G. Signage: In accordance with article VII., otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. plan, As speeifieally detailed on and appreved an final develepment ti, fellow f fi 1 NZ11 par-king and lafidseaping, shall not e)Eeeed ~wef4 y five (25) pefeen4 af th t. H. The requirements of this section shall not apply to impose a density requirement of less than twenty-one (21) units per acre, with respect to the reconstruction of residential dwelling in the PRD district, where such structures and their reconstruction meet all of the following requirements: The structure was legally in existence on September 8, 1997; 2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction; and Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: New construction where no replacement of a preexisting structure takes place; or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). K-. I. All planned residential developments shall meet the residential site design standards of article V. unless specifically varied on the outline and final development plan. T. J. A planned residential development shall be required for any mobile home park and must meet the standards for mobile home park design in section 26-506. Sec. 26-304. Planned Commercial Developments (PCD) regulations. A. Area: No minimum. 4 B. Height: Commercial structures shall not exceed fifty (50) feet; residential shall not eed tT iAy five (35) feet. sidentinl uses lonnte within n stfuetures 1 stiiietiife shall not be pefmiaed above thii4 . r...e (35) feet. 1} C. Landscaping: In accordance with Section 26-502, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. Minimum twffity i20n ent (See seetian 26 50 l D. Parking: In accordance with Section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. 1 E. Fences and walls: In accordance with Section 26-603, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. As _peeifinnlly detailed 1 ea fin l development ph-ffi-, etherwise fll,.w requi ....t.. e f entie„ 26 603 G, F. Signage: In accordance with article VII., otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. , 1. a fellow a to of aAiele [ITT 14, Residential iise eefidifiensi l 1 D ''1: '.l lli l di i iat ..ar4in o land used f "1 . ' buildin s a . us ng a u n e u ng es, wa. Y b > g , lafidseaping, e tnshall not a ed fifty (50) n nt of the t h rnxcrc-rca rQexcmrci$c., are y... a i.,a.., .........,i....... 1 A used r_« reial uses ielud;.... ...n..L:n.. ki gre ss, egress -and l l ; - ] fids ..s.n l d oshall be nleu l..t d 1 lnted ne nte tl ; l. ..`1 bEt f o (16 f be e n, e e. n ) , p is i, th e it an area u e use e ffl mum s een o p h t be l l en.l,, ne.. d free' the r esid t ential n real fl l. he ot er- land at4fib e e tAable the e afa e ;nl u . .hall bee sid , efed to be tl' 1- G. A Planned Commercial District shall be used to establish any proposed recreational vehicle park. See. 26-305. Planned Industrial Development (PID) regulations. A. Area: Each Planned Industrial Development District shall be minimum of one (1) acre. B. Height: Maximum fifty (50) feet Q'' T ...~«....e_ v ' D. C. Landscaping: In accordance with Section 26-502, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. NfifAfnum enty (20) pe_, (See Peetio E- D. Parking: In accordance with Section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. Based upon speeifie uses. (,See seefien 26 501.) F-. E. Fences and walls: In accordance with Section 26-603, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. ^ f 17 deiailea approved c""' develepffient ph-hi, etheim,ise fellem, requirements of seetien 26 603. & F. Signage: In accordance with article VII., otherwise as established by the outline development plan and as specifically detailed on an approved final plan. As speeifleally detailed en appFeved final de-,~elepmeiit plan, ethei-A,ise follow r-equireiiiepA prai4iele N'll. H-. G. All planned industrial developments shall meet the industrial performance standards set forth in section 26-505. Sec. 26-306. Planned Hospital District (PHD) regulations. A. Allowable uses. The following uses hereinafter listed shall be permitted only as specifically designated on the approved final development plan: Public and private general hospital. Hospitals or sanitariums for contagious diseases, or the mentally disturbed or handicapped. Independent living units, Hemel homes for the aged, nursing homes, congregate care homes, hospices or similar residential facilities which are accessory to a hospital or sanitarium principal use. 6 Accessory uses and structures customarily associated with the permitted uses as shown on the approved final development plan. B. Area. Each Planned Hospital District shall be a minimum of five (5) acres, except as provided below. C. Lot width. Two hundred (200) feet minimum. D. Setback requirements: Front: Fifty (50) feet minimum. 2. Side: Twenty-five (25) feet minimum plus ten (10) feet for each story. The intent is to provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property. 3. Rear: Twenty-five (25) feet minimum, plus ten (10) feet for each story The intent is to provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property. E. Height: Hospital buildings: Fifty (50) feet maximum, except as follows: a. Sixty-five (65) feet where the lot on which the building is to be constructed is at least fifty (50) acres in size. b. Additions attached to existing hospitals maybe built to a height not to exceed the height of the existing building. 2. Offices: Fifty (50) feet maximum. 3. Residential: Thirty-five (35) feet maximum. 4. Accessory: Thirty-five (35) feet maximum. G. F. Residential density. No residential development, excluding congregate care homes, nursing homes or intermediate nursing care facilities, shall exceed sixteen (16) t°ty eiie (21) dwelling units per acre. H. G. Landscaping: Minimum twenty-five (25) percent overall site requirement. . 7 2. Twenty-five-foot landscape buffer required along property lines adjacent to residential zoned property. Unless otherwise specifically provided for on the approved plan, all landscaping shall meet the requirements set forth in section 26-502. h H. Parking: In accordance with Section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. n sed upon (Se etio _ 26-501.) 1. Fences and walls: In accordance with Section 26-603, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. ^ Y •Really a :led on afl approved final a e fi othefwise follow requireffieRts of seetien 26 603. G J. Signage: In accordance with article VIL, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. As 'r 11. detailed . apps- ed final a . ""t ^hrffi Sec. 26-306.5. Planned Mixed Use District. A. Applicability. This zone district shall be used only in the mixed use areas shown on the Streetscape Classification Map in the Streetscape and Architectural Design Manual adopted January 11, 2002, as amended. B. Purpose. This district is established to provide a zoning classification to allow the integration of residential and commercial uses and development which is consistent with the surrounding neighborhoods and which meets the intent of the comprehensive plan and the Streetscape and Architectural Design Manual. It is not intended to be used solely to permit a higher density than allowed in the planned residential development (PRD) district nor to circumvent other specific standards of the planned residential and planned commercial districts. Instead, it is intended to create a zone district which will allow flexibility in use, design, and orientation while maximizing space, community interest and protecting nearby and adjacent residential neighborhoods. C. Permitted uses. Permitted uses shall be a mixture of residential and commercial uses governed by approval of the outline development plan. D. Area. No minimum. E. Height. Maximum fifty (50) feet for freestanding commercial buildings only; thirty-five (35) feet for structures containing commercial and residential uses; thirty-five (35) feet for freestanding residential structures. G. F. Density. Maximum of sixteen (16) units per acre. Land used for commercial uses, ineluding excluding parking, may not be used to calculate the maximum of sixteen (16) units per acre. If the commercial and residential uses are mixed in the same building, the land attributable to the commercial use shall be considered to be one-half (1/2) of the building footprint. If the commercial and residential uses are in separate buildings, the land attributable to the commercial use shall be considered to be the entire commercial building footprint. H: G. Landscaping: In accordance with Section 26-502, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. No m average. L: ndseapi n„ shall be cansictentt with ceetie 26502. h H. Parking. In accordance with Section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. Based _ ;f., use. Parking shall be eeiisistepA with sectien =5 304-. Allowances may be made for shared parking spaces if it can be demonstrated to the satisfaction of the person or approval body designated as having final approval authority that parking demand for different uses occurs at different times. d-: I. Fences and walls. In accordance with Section 26-603, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. As speeifieally detailed en the approved final aeyel^^"'e"t ^7^^. therwise f llew efAs of Oeetion 26 603. I4- J. Signage. In accordance with article VII., otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. ^ r `r--f.e lly detailed on the _ rr- _ ea Frel development plan; Sec. 26-307. Similar uses in planned developments. A. Definition. A similar use is a use which would be similar in size, type of operation, services provided or equipment used, number of employees, and hours of operation and which would: Be compatible in character and impact with permitted uses in the planned development, 2. Be consistent with the intent of the planned development, Not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, and 4. Not be hazardous to the health and safety of surrounding areas through danger of fire or explosion. B. Similar use determination process. Any use which is not specifically listed as a permitted use in a planned development district is allowed only under the following procedure: 1. The community development director shall notify adjacent property owners by letter notice and posting of the site for ten (10) days that a similar use is requested for the property. The notice and posting shall contain a description of the proposed similar use and a copy of Ordinance 1200, series 2000. 2. If no written objection to the proposed similar use is received and the planning and development director finds that the proposed similar use meets the definition of similar use contained in section (a) above, the community development director is authorized to approve the similar use. 3. If a written objection is received or if the community development director finds that the definition of similar use does not apply, the community development director shall forward the determination request to the beard of adjustnrerrt planning commission at a public hearing. Notice of said hearing shall be as provided in section 26-109. C: Recordation. If approved, the similar use shall be recorded as an affidavit of amendment to the outline development plan. n the c :al de°elapment pleH in the manner- as the berigiiial final develepment plan was reearded. See. 26-308. Application for planned developments. All applications for approval of a planned development, redevelopment, alteration or addition shall be filed with the community development department prior to issuance of a building permit. In some instances, platting is required and the plat can be processed concurrently with the 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 submitted for consideration by itself or it may be combined with a final development plan. When the outline development plan is combined with final 10 plans, two (2) separate drawings are required. 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 development plans. All requirements of the subdivision regulations for a pfd 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 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. 1. Submittal requirements. a. Appropriate fee. eeeuffed Neighborhood meeting notice (see section 26-109). C. Complete and notarized application. d. Proof of ownership, such as copies of deeds or title commitment. e. Power of attorney from owner(s) where an agent acts on behalf of the owner(s). b f Names addresses of all adjaeent prep y . r- iiiehidin g. f. Names, addresses, telephone numbers of architects, surveyors, and engineers associated with the preparation of the plans. h. 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. The drawings may be 11 in general schematic form 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. 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 26-301C; 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, 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. General indication of areas to be landscaped. 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. Location of all proposed streets, alleys, easements, drainage areas, parks, and other areas to be reserved or dedicated to public use. 12 Approximate location and extent of major use areas. k. Any significant vegetation or land use features within or adjacent to the site which may influence development. 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, building area and percent, paved area and percent, landscape area and percent, number of lots, typiM minimum lot sizes and dimensions, net density, gross density, etc. S. Development time schedule by phase. Required certifications. 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 13 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 Approved this day of by the Wheat Ridge Planning Commission. Chairperson Ghaifffi z COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL CERTIFICATION Approved this day of by the Wheat Ridge City Council. ATTEST: City Clerk Mayor 14 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 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. 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 dii#y (30) sixty (60) days of council's final action. Should a recordable approved outline development plan not be provided to staff within tlk4y-(30) 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 15 expiration of the 60-day time limit showing evidence of good cause for not meeting the deadline. 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 a proposed development. Submittal requirements: a. Complete and notarized application. b. Proof of ownership, such as copies of deeds or title commitment. C. Power of attorney from owner(s) where an agent acts on behalf of the owner(s). d Naffies and addresses of all adjaee^' r^r„o.... , .,ehidi e. d. Names, addresses and telephone numbers of architects and engineers associated with preparation of the plans and plat. fl. e. 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. g. f. 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 preliminary 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. 16 b. Location, extent, type and surfacing materials or all proposed walks, malls, paved areas, turfing and other areas not be covered by buildings or structures. C. Location, size, type, height and orientation of all signs. Signs not speeifieally approved «....t ..f.. f.«..1 dleyelepme.,t pl « shall not itttedl be he cnxnz°~ d. A landscape plan which provides location, type, size and quantities 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 and type of irrigation system shall be indicated. All landseaping shall meet the r-equiremei4s ,.f tl.;s eetien " well a ee fie.. 26 502 e. Location, extent, types of materials and height of all walls and fences. f Exterior lighting devices; type, height, location and orientation. g. Location, extent, maximum height, number of floors and total floor area of all buildings and structures. h. Total number of dwelling units. ; d enti d.l prej et.. Elevations and perspective drawings of all proposed structures and improvements, indicating architectural style and building materials. The drawings need not be the result of final architectural design but of sufficient detail to permit evaluation of the proposed structures. j. Off-street parking and loading plan which indicates the size, location and number of 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, 17 A development schedule indicating the approximate date on which construction of the project can be expected to begin and approximate dates when construction will be completed. 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 (and -plat) 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 PLANNING COMMISSION CERTIFICATION Recommended for approval Approved this day of by the Wheat Ridge Planning Commission. Chairperson Ghaifffi 18 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 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. 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 scheduling the application before the planning commission. b. Planning commission hearing. Planning commission shall hold a public hearing pursuant to the requirements of section 26-109. The planning commission shall recommend to city council approval, 19 approval with modifications, or denial stating the reasons for action. C. City council hearing. Upon receipt of the planning commission's recommendation, city council shall hold a public hearing pursuant to the requirements of section 26-109. City council shall approve, approve with modifications or deny the application. 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 diii4y (30) sixty (60) days of council's final action. Should a recordable approved final development not be provided to the staff within thk4y-(30) sixty (60) days of council's final action, the staff shall schedule a public hearing before city council and city council 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 60-day time limit showing good cause for not meeting the 60-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. interpretation 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. 20 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. F. To vary from the minimum development standards established on a recorded outline development plan, an amended outline development plan is required. G. To vary from the standards set forth on a recorded final development plan, an amended final development plan is required. 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 dinar outline or final) shall be the same as prescribed for original approval, except as provided for under subsection (b) (B) 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. 21 B. Based upon showing of necessity therefore, minor changes in the locations of structures and their accessory uses, fences, parking areas, landscaping and other site improvements may be permitted as an "administrative amendment" by the community development director, if such changes will not cause any of the following circumstances to occur: Change in the character of the development. Increase in the intensity (or density) of use. 3. Increase of the problems of circulation, safety and utilities. 4. Increase of the external effects on the adjacent properties. 5. Increase in maximum building height. 6. Reduction in the originally approved setbacks from perimeter property lines. , Reduction of a development standard on the approved final development plan provided the reduction does not decrease the development standard to an amount less than the requirement on the approved outline development plan. 8. - -eafie= Relocation of landscape areas which are required as buffer yards or establish project character. 9. Increase in the gross floor area of structures of over 10% beyond the authorized maximum allowed with the approved planned development, but not to exceed an increase of 10,000 square feet. 10. Change of the land area devoted to any approved use by more than 10%. C. Any changes or revisions of a 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. Sec. 26-312. Interim use. Subsequent to rezoning to a Planned Development District and approval of a final development plan, but prior to development and use of a parcel in accordance with the approved plan, the property may continue to be used for any lawful purpose for which it 22 was used at the time of p inaff outline development plan approval; provided, however, that no new permanent structures or additions to existing structures will be permitted. Section 2. Safety Clause. The City of Wheat Ridge 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 rations relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Sunersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 5. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to in this day of 2004, 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 , 2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29` Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 12004. SIGNED by the Mayor on this day of 12004. GRETCHEN CERVENY, MAYOR ATTEST: Pamela Y. Anderson, City Clerk 23 I ST publication 2nd publication: Wbeat Ridge Transcript Effective Date: APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 24 7. PUBLIC HEARINGS A. Case No. ZOA-03-14: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding planned developments. This case was presented by Meredith Reckert. She reviewed the staff report. Commissioner WEISZ suggested a tracking system which would flag expiration dates for final development plans. There was discussion about changes in landscape requirements that may have occurred after a final development plan was originally filed. Since Wheat Ridge has no large plots of land available for development, this would probably not be a big problem. Commissioner WESLEY expressed concern that all affected property owners receive proper notice. Meredith Reckert explained that neighborhood referral notification requires a 600-foot radius to be notified. The public hearing requires notification within a 100-foot radius. However, the practice is to notify all people who attend the neighborhood meeting of the public hearing even though they may fall outside the 100-foot radius. Commissioner WESLEY suggested that, in order to be consistent, all references to Director of Planning and Development be changed to Community Development Director. Chair McNAMEE asked if there were those present who wished to address this matter. There was no response. It was moved by Commissioner WEISZ and seconded by Commissioner PLUMMER that Case No. ZOA-03-14, proposed amendments to Chapter 26 of the Wheat Ridge Code of Laws regarding planned developments, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. It alleviates redundant language. 2. It extends the time limit for mylar submittal. 3. It addresses time limits for outline and final development plan expiration. 4. It allows more flexibility for administrative approval of final development plan amendments. The motion passed 5-0 with Commissioner McMILLIN absent. B. Case No. ZOA-04-01: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the commercial zone district use schedule. This case was presented by Meredith Reckert. She reviewed the staff report. Following brief discussion, Chair McNAMEE asked if there were those present who wished to address this matter. There was no response. Planning Commission Page 2 February 19, 2004 City of Wheat Ridge Planning and Development Department Memorandum TO: Planning Commission FROM: 'Meredith Reckert SUBJECT: Case No. ZOA-03-14/Planned Development District Regulations DATE: February 10, 2004 This Case is: Quasi-judicial X Legislative Proper notice was given for this public hearing. Background Attached is legislation amending Chapter 26 of the Wheat Ridge Code of Laws regarding planned developments. On September 4, 2003, Staff discussed proposed amendments to the planned development district regulations with Planning Commission. At that meeting, a motion was made to amend the regulations as proposed by staff with the following changes: 1. Regarding Section 26-311.B., there be a limitation of gross floor area not to exceed 10,000 square feet. 2. Following paragraph A of Section 26-311, the following words be added: "and all property owners who may be impacted by the proposed amendment to the final development plan. Attached is staff s original memo to Planning Commission. Attached also are the minutes from the September 4 meeting as well as minutes from the December 4, 2003, where there was intermingled discussion regarding both the expiration of plan approvals and the issue of old development plans inconsistent with today's development standards. Staff has had additional time to discuss and consider other changes as outlined below. Changes proposed for the Commission's consideration are shown in bold. Deletions are shown in s+r ettgh. Summary of Ordinance Changes/Staff Comments The following revisions are being proposed as shown on Exhibit 1: • References to "subdistrict": References to planned development "subdistricts" have been modified to "planned development district categories" (page 1). • PMUD: The Planned Mixed Use Development (PMUD) district has been incorporated into the categories of identified planned developments within the city (page 1). No change from original PC review. • Lot coverage: The definition citation and specific requirements for lot coverage have been removed from the different planned developments design standards (pages 3, 4, 5, 7, 8). No change from original PC review. • Landscaping, parking, fences and walls and signage: The language relative to these design standards has been reworded. These revisions do not reduce the requirement, but recognize that there can be flexibility in application based on the design features of a specific planned development district through the outline and final plan approval processes. This revision affects all five of the planned development districts (pages 3, 4, 5, 6, 7, 8, 9). No change from original PC review. • Commercial use conditions in the PRD district: Mixed-use developments are more appropriately addressed through PMUD applications. For this reason, staff is recommending the commercial use conditions be removed from the PRD zone district regulations (page 3). No change from original PC review. • Residential use conditions in the PCD district: Mixed-use developments are more appropriately addressed through PMUD applications. For this reason, staff is recommending the residential use conditions be removed from the PCD zone district regulations (page 5). No change from original PC review. • Planned Hospital District: Independent living units have been added as an allowed use in the PHD district. (page 6) The allowed residential density has been corrected from 21 units per acre (old standard) to 16 units per acre (current standard) (page 7). No change from original PC review. • Planned Mixed Use District: The residential density standard has been corrected by the elimination of required commercial parking from the density calculation. This revision is consistent with the original ordinance adopting the PMUD district (page 8). No change from original PC review. • Similar use determinations: Staff has modified the appeal body from Board of Adjustment to Planning Commission. The use determination is memorialized by a recorded affidavit of amendment to the outline development plan (page 10). • Removal of preliminary plats: The subdivision process was modified last year by elimination of the preliminary plat step. This change is consistent with that legislation (p. 10). No change from original PC review. • Neighborhood meeting: The word "referral" has been removed and the applicant is required to provide a notice of the neighborhood meeting. It is standard procedure that a representative of the planning division staff attends and prepares a synopsis of the meeting that becomes a part of the file (page 11). • Outline development plan submittal requirements: Item f (list of adjacent property owners) has been removed from the applicant's submittal requirements. Planning division staff researches and provides the adjacent owner list (page 11). • Outline development plan contents: "Typical" lot sizes has been replaced with "minimum" lot sizes (page 13). No change from original PC review. • Planning Commission Certificate: The Planning Commission certificate for both outline and final plan document certifications has been revised (pages 14 and 18). No change from original PC review. • Time limit for mylar recordation: Staff is recommending that the time limit for recordation of mylars for outline and final development plans be extended from 30 to 60 days with the opportunity for one extension (pages 15 and 19). No change from original PC review. • Final development submittal requirements: Item d. (list of adjacent property owners) has been removed from the applicant's submittal requirements. Planning division staff researches and provides the adjacent owner list (page 16). Item ff, has been expanded to allow the discretionary requirement for submittal of civil engineering plans (page 16). • Final development plan contents: The last sentence in each items c. and d. of Section 2 have been stricken as they are redundant (page 16). • Final development plan contents: The requirement for typical floor plans as part of the final development plan package has been removed (page 17). The "owner's certification" has been modified by the removal of the words "and plat" as it is a requirement in the code that these documents be separately recorded (page 18). No change from original PC review. • Expiration of final development plans: The existing one-year expiration period for all development plans is located in section 26-107. Staff is recommending that the expiration period for both outline and final development plans be eliminated. The outline plan stage is the zoning step and the corresponding odp document should remain in effect in perpetuity. Staff is recommending that the expiration of final development plans be 3 dictated by the development schedule required on the fdp. If the terms of the development schedule on the fdp are exceeded, an amendment will be required (page 20). • Application of standards: A previous discussion with Planning Commission at the December 4 meeting related to dealing with old development plans that do not meet today's standards. After more discussion at the staff level, we have recommended that if an old outline plan does not meet today's standards, a proposed final development plan can be consistent with that approval and the former, smaller standards (page 20). Example scenario: Generally, a property's lot coverage is made up of a combination of building, parking and landscaped coverages equaling 100% of the site. An increase or decrease in one of these areas should result in a corresponding increase or decrease in the other two categories. If a recorded outline development plan is approved showing 10% landscaped coverage (the old standard), is it fair that the landscaped coverage required at the time of final development plan approval be increased to 20% (the new standard)? What will be the corresponding decrease? In most cases, the corresponding decrease would be in permitted building area. What if someone has purchased a property based on a specific square footage of building area allowed as reflected on a recorded outline development plan? If the zoning on a property and a recorded outline development plan are to remain in effect in perpetuity, shouldn't the approved final development plan reflect the standards established on the outline plan? • Amendments to development plans (owner approval): The existing regulations specify that all owners of real property within the confines of the proposed outline development plan must approve of the application in writing. This would also apply to outline development plan amendments. The regulations pertaining to owner concurrence for a final development amendment are unclear. Per Planning Commission recommendation, this section was modified so that owners outside of the phase must concur if there are modifications to the common elements (access, drainage, utilities and circulation). This provision is worded somewhat differently than the Planning Commission motion (page 21). • Amendments to development plans: The Community Development Director has the authority to approve final development amendments administratively if certain criteria are met. Reduction of development standards: Staff's original recommendation discussed at the September 4 meeting was specific to landscaping. Staff has revised our recommendation so that administrative approval authority is applied to all development standards (landscaped coverage, setbacks, parking, building height, signage). The director could approve an amendment to reduce the development standard from the original final plan approval as long as it would not reduce the development standard to an amount less than the requirement on the original outline plan (page 22, item 7). Example scenario: A particular outline development plan designates minimum landscaped coverage to be 20%. The final development plan has been approved with 4 28% landscaped coverage. The owner would like to displace some landscaping to install an additional handicapped parking space. The resultant reduction of landscaping is 3%, bringing the proposed total to 25%. Under this provision, the Director could approve the reduction as the landscaping coverage still exceeds the original 20% required by the outline development plan. Example scenario: An outline development plan is approved allowing commercial structures with minimum perimeter side and rear setbacks of 10'. A final development plan is approved showing side setbacks of 15'. After the final design drawings are completed, the architect realizes the structure needs to be setback 12' on one side to accommodate special HVAC equipment housed within the building. Under this provision, the Director could approve the 3' setback reduction, as the resulting setback is still larger than the 10' minimum side setback allowed by the approved outline development plan. Increase in gross floor area: Staff is recommending that the Community Development Director be authorized to approve increases of gross floor area of no more than 10%. This is allowed in many other cities in the metropolitan area (Westminster, Littleton, Arvada, Lakewood). Planning Commission amended this provision at their September 4 meeting to allow an increased floor area not to exceed 10,000 square feet (page 21, item 9). Increase in land area devoted to a particular use: Another common practice in other cities is to allow administrative approval of a change of land area devoted to a particular use (i.e., residential versus commercial). All of the cities canvassed had a limitation of not more than a 10% change. (page 22, item 10). No change from original PC review. RECOMMENDED MOTION: "I move that Case No. ZOA-03-14, proposed amendments to Chapter 26 of the Wheat Ridge Code of Laws regarding planned development, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. It alleviates redundant language. 2. It extends the time limit for mylar submittal. 3. It addresses time limits for outline and final development plan expiration. 4. It allows more flexibility for administrative approval of final development plan amendments". Exhibits: 1. Proposed Revisions 2. Original memo to Planning Commission dated August 29, 2003 3. Minutes of Planning Commission meeting dated September 4, 2003 4. Minutes of Planning Commission meeting dated December 4, 2003 City of Wheat Ridge Chapter 26 Article III. Planned Development District Regulations Planning Commission - February 19, 2004 9-04-03 PC recommendations incorporated Sec. 26-301. Scope and application. A. There is hereby created a Planned Development District to further promote the public health, safety and general welfare by permitting greater flexibility and innovation in land development based upon a comprehensive, integrated plan. For the purpose of ensuring maximum flexibility of this district, the district is divided into the following shad ie*'aesig ^ 11 'planned developent zacne'distr~ctvategories, based on the primary land use of a proposed development plan or portion thereof: Planned Residential Development--PRD. 2. Planned Commercial Development--PCD. 3. Planned Industrial Development--PID. 4. Planned Hospital Development--PHD. 5. Planned Mixed Use:Ileueloptnent MO--A-Ai By creating the above 4464"d zon distraet`cotegorries the city council recognizes that these st~is#rie€s zone drstrxct_categories may exist singly or in combination within any approved planned development. B. On and after the effective date of this chapter as set forth in section 26-1003, all applications for private rezoning under section 26-112 for properties in excess of one (1) acre (for rezoning to residential or industrial zones), and all applications for private rezoning to any commercial district shall be required to request rezoning to one (1) of the listed planned development : r~:f zone district eategorie's. The procedure for review of any planned development application shall be that for private rezoning at section 26-112. A Planned Development District may be approved for any single use or any combination of uses; provided, that the intent and purposes of this section are met, and that the general health, safety and welfare of the community are advanced through its approval. This section shall apply to: Any new application for a rezoning to a Planned Development District. 2. Any application for amendment to an existing planned development suk~stiiet= ziitie disfriet EXHIBIT 1 C. The intent of the Planned Development District is to permit the establishment of well-designed, innovative developments which may not be permitted by a standard zone distnct,epu( which may be permitted through the use of an approved development plan by assuring greater control and specificity of intended development character, use, operations and maintenance, while at the same time allowing flexibility and diversity. This district recognizes the great variety of land use intensities, densities, and environmental and land use interfaces which are possible. The general purposes of this section are as follows: To accomplish compatible development with adjacent commercial, residential and/or industrial land uses through proper land use transitions and buffering techniques. 2. To promote flexibility in design and permit diversification in the location of structures. 3. To promote the efficient use of land to facilitate a more economic arrangement of building, circulation systems, land use and utilities. 4. To preserve, to the greatest extent possible, the existing landscape features and to minimize impacts on other natural features of the site. 5. To provide for more usable space through the combination and grouping of structures, parking, loading and storage areas. 6. To combine and coordinate architectural styles, building forms and building relationships within the planned developments. To minimize traffic congestion on public streets, control street access, and to provide for well-designed interior circulation. 8. To ensure that adequate public utilities and facilities are available within the area, to serve the specific development. 9. To promote conformance with the adopted comprehensive plan, established policies and guidelines for the area and for the community. See. 26-303. Planned Residential Developments (PRD) regulations. A. Area: No minimum. B. Density: Maximum sixteen (16) dwelling units per acre. C. Height: Maximum thirty-five (35) feet. 2 II The requirements of this section shall not apply to impose a density requirement of less than twenty-one (21) units per acre, with respect to the reconstruction of residential dwelling in the PRD district, where such structures and their reconstruction meet all of the following requirements: The structure was legally in existence on September 8, 1997; 2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction; and Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: New construction where no replacement of a preexisting structure takes place; or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). I All planned residential developments shall meet the residential site I I, standards of article V. unless specifically ~aTied on the outline and=fuial plan;, h T, A planned residential development shall be required for any mobile home park and must meet the standards for mobile home park design in section 26-506. Sec. 26-304. Planned Commercial Developments (PCD) regulations. A. Area: No minimum. H, Residential use!eenditiansi L. G A Planned Commercial District shall be used to establish any proposed recreational vehicle park. See. 26-305. Planned Industrial Development (PID) regulations. A. Area: Each Planned Industrial Development District shall be minimum of one (1) acre. B. Height: Maximum fifty (50) feet. ..4 ..o. T fef Sec. 26-306. Planned Hospital District (PHD) regulations. A. Allowable uses. The following uses hereinafter listed shall be permitted only as specifically designated on the approved final development plan: Public and private general hospital. 2. Hospitals or sanitariums for contagious diseases, or the mentally disturbed or handicapped. 3. - Independent l ving Airu ,~€.e~te5 400neS for the aged, nursing homes, congregate care homes, hospices or similar residential facilities which are accessory to a hospital or sanitarium principal use. 4. Accessory uses and structures customarily associated with the permitted uses as shown on the approved final development plan. B. Area. Each Planned Hospital District shall be a minimum of five (5) acres, except as provided below. C. Lot width. Two hundred (200) feet minimum. D. Setback requirements: Front: Fifty (50) feet minimum. 2. Side: Twenty-five (25) feet minimum plus ten (10) feet for each story. The intent is to provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property. 6 4. `G All planned industrial developments shall meet the industrial performance standards set forth in section 26-505. Rear: Twenty-five (25) feet minimum, plus ten (10) feet for each story. The intent is to provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property. E. Height: Hospital buildings: Fifty (50) feet maximum, except as follows: a. Sixty-five (65) feet where the lot on which the building is to be constructed is at least fifty (50) acres in size. b. Additions attached to existing hospitals may be built to a height not to exceed the height of the existing building. 2. Offices: Fifty (50) feet maximum. Residential: Thirty-five (35) feet maximum. 4. Accessory: Thirty-five (35) feet maximum. H. G Landscaping: Minimum twenty-five (25) percent overall site requirement. 2. Twenty-five-foot landscape buffer required along property lines adjacent to residential zoned property. 7 3. Unless otherwise specifically provided for on the approved plan, all landscaping shall meet the requirements set forth in section 26-502. Sec. 26-306.5. Planned Mixed Use District. A. Applicability. This zone district shall be used only in the mixed use areas shown on the Streetscape Classification Map in the Streetscape and Architectural Design Manual adopted January 11, 2002, as amended. B. Purpose. This district is established to provide a zoning classification to allow the integration of residential and commercial uses and development which is consistent with the surrounding neighborhoods and which meets the intent of the comprehensive plan and the Streetscape and Architectural Design Manual. It is not intended to be used solely to permit a higher density than allowed in the planned residential development (PRD) district nor to circumvent other specific standards of the planned residential and planned commercial districts. Instead, it is intended to create a zone district which will allow flexibility in use, design, and orientation while maximizing space, community interest and protecting nearby and adjacent residential neighborhoods. C. Permitted uses. Permitted uses shall be a mixture of residential and commercial uses governed by approval of the outline development plan. D. Area. No minimum. E. Height. Maximum fifty (50) feet for freestanding commercial buildings only; thirty-five (35) feet for structures containing commercial and residential uses; thirty-five (35) feet for freestanding residential structures. Er: Density. Maximum of sixteen (16) units per acre. Land used for commercial uses, .excluding parking, may not be used to calculate the maximum of sixteen (16) units per acre. If the commercial and residential uses are mixed in the same building, the land attributable to the commercial use shall be considered to be one-half ( 1/2) of the building footprint. If the commercial and residential uses are in separate buildings, the land attributable to the commercial use shall be considered to be the entire commercial building footprint. See. 26-307. Similar uses in planned developments. A. Definition. A similar use is a use which would be similar in size, type of operation, services provided or equipment used, number of employees, and hours of operation and which would: Be compatible in character and impact with permitted uses in the planned development, Be consistent with the intent of the planned development, Not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, and 4. Not be hazardous to the health and safety of surrounding areas through danger of fire or explosion. B. Similar use determination process. Any use which is not specifically listed as a permitted use in a planned development district is allowed only under the following procedure: 1. The iid eommun►ty development director shall notify adjacent property owners by letter notice and posting of the site for ten (10) days that a similar use is requested for the property. The notice and posting shall contain a description of the proposed similar use and a copy of Ordinance 1200, series 2000. Allowances may be made for shared parking spaces if it can be demonstrated to the satisfaction of the person or approval body designated as having final approval authority that parking demand for different uses occurs at different times. 2. If no written objection to the proposed similar use is received and the planning and development director finds that the proposed similar use meets the definition of similar use contained in section (a) above, the community=development director is authorized to approve the similar use. C. Recordation. If approved, the similar use shall be recorded as`an affidavit of amendment to the ©ntline developFr%et plan. ` Sec. 26-308. Application for planned developments. All applications for approval of a planned development, redevelopment, alteration or addition shall be filed with the ile' _6 coirimnnit level"ogment department prior to issuance of a building permit. In some instances, platting is required and the plat can be processed concurrently with the 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 submitted for consideration by itself or it may be combined with a final development plan. When the outline development plan is combined with final plans, two (2) separate drawings are required. 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 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 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 10 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. Submittal requirements. a. Appropriate fee. b. C. Complete and notarized application. d. Proof of ownership, such as copies of deeds or title commitment. e. Power of attorney from owner(s) where an agent acts on behalf of the owner(s). g. f._ Names, addresses, telephone numbers of architects, surveyors, and engineers associated with the preparation of the plans. li :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. The drawings may be in general schematic form 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 11 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 26-301C; 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, 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. General indication of areas to be landscaped. 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. Location of all proposed streets, alleys, easements, drainage areas, parks, and other areas to be reserved or dedicated to public use. j. Approximate location and extent of major use areas. k. Any significant vegetation or land use features within or adjacent to the site which may influence development. 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. in. Scale (no less than one (1) inch equals one hundred (100) feet) and north arrow. 12 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, building area and percent, paved area and percent, landscape area and percent, number of lots, 1M#W r,Wn'_ in lot sizes and dimensions, net density, gross density, etc. S. Development time schedule by phase. t. Required certifications. 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 13 My commission expires NOTARYSEAL PLANNING COMMISSION CERTIFICATION Chairperson nr nNTnrR G AN, D DE3, nn~ rnrrm COMWNIT-.~EVELOPNMINT. DIRECTOR CITY COUNCIL CERTIFICATION Approved this day of by the Wheat Ridge City Council. 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: 14 Deputy Review procedures: a. Staff review: Upon filing of an application and other required documents, c4minurfity; d'evelopnienE 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. 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 a proposed development. Submittal requirements: a. Complete and notarized application. Proof of ownership, such as copies of deeds or title commitment. 15 G. Power of attorney from owner(s) where an agent acts on behalf of the owner(s). e d Names, addresses and telephone numbers of architects and engineers associated with preparation of the plans and plat. €',;.e 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. g, f Additional information may be required, including, but not limited to, geological stability report, traffic impact report, dvil engineering glans 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 P W )W devel'opinent 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. Location, extent, type and surfacing materials or all proposed walks, malls, paved areas, turfing and other areas not be covered by buildings or structures. c. Location, size, type, height and orientation of all d. A landscape plan which provides location, type, size and quantities 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 an d type of - irriRation svstem shall be indicated. 16 C. Location, extent, types of materials and height of all walls and fences. f Exterior lighting devices; type, height, location and orientation. g. Location, extent, maximum height, number of floors and total floor area of all buildings and structures. h. Total number of dwelling units, i. Elevations and perspective drawings of all proposed structures and improvements, indicating architectural style and building materials. The drawings need not be the result of final architectural design but of sufficient detail to permit evaluation of the proposed structures. Off-street parking and loading plan which indicates the size, location and number of 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 approximate date on which construction of the project can be expected to begin and approximate dates when construction will be completed. 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): 17 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 PLANNING COMMISSION C~RTIFTCATION Ch jrperson CITY COUNCIL CERTIFICATION Approved this day of by the Wheat Ridge City Council. ATTEST: City Clerk Mayor 18 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. Review procedures: a. Staff review. Upon filing of an application and other required documents, the commwxity de eXi),pin'en[ 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 the planning commission. Planning commission hearing. Planning commission shall hold a public hearing pursuant to the requirements of section 26-109. The planning commission shall recommend to city council approval, approval with modifications, or denial stating the reasons for action. C. City council hearing. Upon receipt of the planning commission's recommendation, city council shall hold a public hearing pursuant to the requirements of section 26-109. City council shall approve, approve with modifications or deny the application. d. 19 5€ Ex Arafion of tmahdevelopment,plan app`rovals,,reapplTCations See. 26-309: lftter~retaoen 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 r©mmet Pf deu+elo ne ht director e plan g and-develepffi 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 d final development plan does not address a particular development standard, the standard of the zone district which most closely matches the _ eomnfiai planned development as determined by the 04 developiirent director shall be used. 20 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. 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. B. Based upon showing of necessity therefore, minor changes in the locations of structures and their accessory uses, fences, parking areas, landscaping and other site improvements may be permitted as an "administrative amendment" by the community de~elopmentdireeteF e€ , if such changes will not cause any of the following circumstances to occur: Change in the character of the development. 2. Increase in the intensity (or density) of use. 3. Increase of the problems of circulation, safety and utilities. 4. Increase of the external effects on the adjacent properties. 5. Increase in maximum building height. 21 6. Reduction in the originally approved setbacks from perimeter property lines. 7. 8 or releeatie Relocation of landscape areas which are required as buffer yards or establish project character. 9 Increase in the gross floor area of structures ofovei-3"Q%o beyond the authorized maximum allowed with the approved planned development, but riot to exceed an increase of-10,000-sgi►a v-feet. C. Any changes or revisions of a 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-stffi` t:t' M deadline.provi§ions of Section 26-308.D:4:d: Sec. 26-312. Interim use. Subsequent to rezoning to a Planned Development District and approval of a final development plan, but prior to development and use of a parcel in accordance with the approved plan, the property may continue to be used for any lawful purpose for which it was used at the time ofa:authne detieluprieut plan approval; provided, however, that no new permanent structures or additions to existing structures will be permitted. 22 City of Wheat Ridge of WHEA,P Community Development Department ° v m Memorandum C~~ORP~~ TO: Planning Commission FROM: Meredith Reckert SUBJECT: Case No. ZOA-03-14/Planned Development District Regulations DATE: August 29, 2003 Attached for the Planning Commission's consideration are staff s proposed changes to Article III. of the Zoning and Development Code. The existing planned development regulations were incorporated into Chapter 26 when it was rewritten in 2001. For comparison purposes, both the existing section of the code with proposed changes (Exhibit 1) and the proposed revisions in ordinance form (Exhibit 2) have been included. Only the affected sections of the regulations have been included in the ordinance. The format of both documents uses strikenro for deleted language and bolding for additions. All changes have been designated with sliailowuigi The following revisions are being proposed as shown on Exhibit 1: PMUD: The Planned Mixed Use Development (PMUD) district has been incorporated into the categories of identified planned developments within the city (page 1). • Lot coverage: The definition citation and specific requirements for lot coverage have been removed from the different planned developments design standards (pages 2, 4, 5, 7, 8). • Landscaping, parking, fences and walls and signage: The language relative to these design standards has been reworded. These revisions do not reduce the requirement, but recognize that there can be flexibility in application based on the design features of a specific planned development district through the outline and final plan approval processes. This revision affects all five of the planned development districts (pages 2, 3, 4, 5, 6, 7, 8, 9). • Commercial use conditions in the PRD district: Mixed use developments are more appropriately addressed through PMUD applications. For this reason, staff is recommending the commercial use conditions be removed from the PRD zone district regulations (page 3). Residential use conditions in the PCD district: Mixed use developments are more appropriately addressed through PMUD applications. For this reason, staff is recommending the residential use conditions be removed from the PCD zone district regulations (page 5). Planned Hospital District: Independent living units have been added as an allowed use in the PHD district. (page 6) The allowed residential density has been corrected from 21 units per acre (old standard) to 16 units per acre (current standard). (page 7) EXHIBIT 2 • Planned Mixed Use District: The residential density standard has been corrected by the elimination of required commercial parking from the density calculation. This revision is consistent with the original ordinance adopting the PMUD district (page 8). • Removal of preliminary plats: The subdivision process was modified last year by elimination of the preliminary plat step. This change is consistent with that legislation (p. 10). • Neighborhood meeting: The word "referral" has been removed (page 11). • Outline development plan contents: "Typical" lot sizes has been replaced with "minimum" lot sizes (page 13). • Planning Commission Certificate: The Planning Commission certificate for both outline and final plan document certifications has been revised (pages 14 and 18). • Time limit for mylar recordation: Staff is recommending that the time limit for recordation of mylars for outline and final development plans be extended from 30 to 60 days with the opportunity for one extension (pages 15 and 19). • Final development plan contents: The requirement for typical floor plans as part of the final development plan package has been removed (page 17). The "owner's certification" has been modified by the removal of the words "and plat" as it is a requirement in the code that these documents be separately recorded. • Expiration of final development plans: A provision for expiration of final development plans has been incorporated into the planned development regulations. The existing provision is currently located in section 26-107 and provides a one-year expiration period. Staff is recommending the expiration period be extended to three years. • Amendments to development plans (owner approval): The existing regulations specify that all owners of real property within the confines of the proposed outline development plan must approve of the application in writing. This applies to both outline plan approvals and outline plan amendments. The regulations pertaining to owner concurrence for a final development amendment are unclear. Staff recommends that agreement be required by only owners within the parcel or phase where the amendment will occur. • Amendments to development plans: The Community Development Director has the authority to approve final development amendments administratively if certain criteria are met. Reduction of landscaping: Staff is recommending that the administrative approval authority be applied to landscaped coverage in very limited situations. The director could approved an amendment to reduce the amount of landscaping from the original final plan approval as long as it would not reduce the landscaped area to an amount less than the requirement on the original outline plan. 2 Example scenario: A particular outline development plan designates minimum landscaped coverage to be 20%. The final development plan has been approved with 28% landscaped coverage. The owner would like to displace some landscaping to install an additional handicapped parking space. The resultant reduction of landscaping is 3%, bringing the proposed total to 25%. Under this provision, the Director could approve the reduction as the landscaping coverage still exceeds the original 20% required by the outline development plan. (page 21, item 7). Increase in gross floor area: Staff is recommending that the Community Development Director be authorized to approve increases of gross floor area of no more than 10%. This is allowed in many other cities in the metropolitan area (Westminster, Littleton, Arvada, Lakewood). (page 21, item 9) Increase in land area devoted to a particular use: Another common practice in other cities is to allow administrative approval of a change of land area devoted to a particular use (ie, residential versus commercial). All of the cities canvassed had a limitation of not more than a 10% change. (page 21, item 10) RECOMMENDED MOTION: "I move that Case No. ZOA-03-14, proposed amendments to Chapter 26 of the Zoning and Development Code regarding planned development district regulations, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. It alleviates redundant language. 2. It extends the time limit for mylar submittal. 3. It extends the time limit for final development plan expiration. 4. It allows more flexibility for approval of administrative final development plan amendments." PUBLIC HEARINGS A. Case No. WZ-02-13 (continued from August 21, 2003): An application filed by Melody Homes, Inc. for approval of a Planned Residential Development final development plan for property located at 10285 Ridge Road. B. Case No. WS-02-01 (continued from August 21, 2003): An application filed by Melody Homes, Inc. for approval of a 38-lot subdivision plat for property located at 10285 Ridge Road. A request was made for continuance of the Final Development Plan and Final Plat to the next Planning Commission meeting. Staff recommended approval of this request. It was moved by Commissioner STITES and seconded by Commissioner McMILLIN that Case No. WZ-02-13, a request for approval of a final development plan, and Case No. WS-02-01, a request for approval of a 38-lot major subdivision plat, for property located at 10285 Ridge Road, be continued to September 18, 2003. The motion passed 6-0 with Commissioners DAVIS and PLUMMER absent. C. Case No. ZOA-03-13: An ordinance amending Section 26-110 of the Wheat Ridge Code of Laws concerning cost recovery for construction of certain public improvements. This case was presented by Meredith Reckert. She reviewed the staff report which contained an ordinance prepared by the city attorney's office regarding future cost recovery for required improvements. It would allow developers who install public street and drainage improvements to be reimbursed from a subsequent developer who benefits from the original construction of these public improvements. Staff recommended approval of the ordinance. It was moved by Commissioner WEISZ and seconded by Commissioner WITT that Case No. ZOA-03-13, a proposed amendment to Chapter 26 of the Zoning and Development Code regarding cost recovery for the installation of public improvements, be forwarded to City Council with a recommendation of approval for the following reason: 1. It will allow developers to be reimbursed for construction of improvements that benefit others. The motion passed 6-0 with Commissioners DAVIS and PLUMMER absent. D. Case No. ZOA-03-14: An ordinance amending Article III of Chapter 26 of the Wheat Ridge Code of Laws pertaining to planned developments. This case was presented by Meredith Reckert. She reviewed each existing section of the code and compared them with the proposed revisions. Staff recommended approval of the ordinance. Planning Commiss September 4, 2003 EXHIBIT 3 Page 2 It was moved by Commissioner BERRY and seconded by Commissioner McMILLIN that Case No. ZOA-03-14, proposed amendments to Chapter 26 of the Zoning and Development Code regarding planned development district regulations, be forwarded to City Council with a recommendation of approval for the following reasons: 1. It alleviates redundant language. 2. It extends the time limit for mylar submittal. 3. It extends the time limit for final development plan expiration. 4. It allows more flexibility for approval of administrative final development plan. With the following conditions: 1. Regarding Section 26-311.B.9, there be a limitation of gross floor area not to exceed 10,000 square feet. 2. Following paragraph A of Section 26-311, the following words be added: and all property owners who may be impacted by the proposed amendment to the final development plan. The motion passed 6-0 with Commissioners DAVIS and PLUMMER absent. E. Case No. ZOA-03-15: An ordinance amending Section 26-106 of the Wheat Ridge Code of Laws concerning the review process chart. This case was presented by Meredith Reckert. She reviewed the staff report and reviewed the existing process chart comparing it with the proposed revisions. It was moved by Commissioner McMILLIN and seconded by Commissioner STITES that Case No. ZOA-03-15, a proposed amendment to Chapter 26 of the Zoning and Development Code regarding the land use review process chart, be forwarded to City Council with a recommendation of approval for the following reasons: 1. It will streamline the review process by simplifying the pre-application meeting requirement. 2. It expedites the subdivision approval process by elimination of the neighborhood meeting requirement. 3. It distinguishes between the different categories of planned development approvals. 4. It reflects recent legislation regarding the special use process. With the following condition: 1. That wording in footnote #1 of the proposed review process chart be changed to read: If five or fewer parcels, minor subdivision process applies. If more than five parcels, major subdivision process applies. The motion passed 6-0 with Commissioners DAVIS and PLUMMER absent. Planning Commission Page 3 September 4, 2003 B. Case No. ZOA-03-17: An ordinance amending Section 26-107 of the Wheat Ridge Code of Law's concerning expiration of development approvals. Meredith Reckert presented this matter. She reviewed the staff report and noted that staff recommended removal of time limits on outline development plans so they remain in perpetuity. However, staff acknowledges there should be more discussion and consideration on the proposed changes to the final development plan expirations and recommended continuation of that discussion to a later time. Alan White explained that there are final development plans that are 30 years old where the outline plan sets the standard for landscaping at 8% to 10%. The current requirement for landscaping is 20%. Commissioner McNAMEE asked how many old planned developments exist that have never been developed. Alan White explained that most situations deal with the last one or two buildings within an old planned development. He estimated there are probably two dozen of these situations. Commissioner PLUMMER suggested a requirement that, if not developed within a certain number of years, the plan must be reviewed which would involve new application fees. Commissioner STITES suggested a requirement that the application must be brought up to current code requirements after a certain time limit has passed. Commissioner McMILLIN asked about an applicant's vested rights with prior development approval. Alan White explained that the statutory limit for vested rights is three years. However, a developer could come in and request a vested rights agreement but such agreement would have to be reviewed and approved by City Council. Commissioner PLUMMER expressed concern that large projects sometimes take longer than three years to prepare for construction and drainage, roadway and other conditions could change during that time. Alan White explained that notices of any such changes in Planned Developments are given to the owners or developers of surrounding properties. Commissioner McMILLIN suggested a provision to shift amenities such as landscaping according to changes that have taken place since the initial approval. Commissioner McNAMEE asked if there were time restrictions for a developer to begin or complete his project. Alan White stated that there is the one-year restriction to begin building. He noted that a provision in the code adopted two years ago stated that building needed to begin within one year of adopting the code or their approval would expire. No notice to owners was given of this requirement. No one responded to this action. Commissioner McMILLIN suggested a survey of other municipalities regarding their regulations. Meredith Reckert stated that she checked with other municipalities and found that most have a three-year limitation on final development plans. She didn't check to see what Planning Commission Page 3 December 4. 2003 EXHIBIT 4 procedures were in place when the time limitation is up and indicated that she would contact neighboring municipalities regarding this matter. It was moved by Commissioner PLUMMER and seconded by Commissioner McMILLIN that Case No. ZOA-03-17, an ordinance amending Section 26-107 of the Wheat Ridge Code of Laws concerning expiration of development approval, be continued to February 5, 2004. The motion passed unanimously. 8. OLD BUSINESS Alan White reported that AutoNation is in the rocess of installing a wetlands/detention pond and storm sewer improvements out to 38` Avenue. A building permit for their new building is anticipated in the spring. They have indicated they want to be open by JanuarN, 2005. In response to a question from Commissioner McNAMEE regarding the temporary lot at Lutheran Hospital, Meredith Reckert explained this will accommodate construction and employee parking that is being displaced by the new medical building construction. This is being processed as an administrative amendment and staff is attempting to stay cognizant of neighborhood concerns. Alan White reported that there is a 5-year time limit on the temporary lot. 9. NEW BUSINESS Alan White reported that the December 18`h Planning Commission agenda will include RV regulations. Meredith Reckert reported that the interview process has begun to fill the planner technician vacancy. 10. COMMISSION REPORTS There were no commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee and department reports. 12. ADJOURNMENT It was moved by Commissioner PLUMMER and seconded by Commissioner STITES to adjourn the meeting at 7:55p.m. The motion passed unanimously. Min I&A Z Marian McNamee, Chair Ann Lazzeri, Recordin retary Planning Commission Page 4 December 4, 2003 City of Wheat Ridge ~F WHEgTP Community Development Department Memorandum ~~G ORP~~ TO: Alan, Travis, Jeff FROM: w'geredith SUBJECT: Case No. ZOA-03-14/Planned development district changes DATE: February 4, 2004 Attached is my original memorandum to Planning Commission outlining the proposed changes to Article III of the Zoning and Development Code. Exhibit 2 of the original memo is not included. At their September 4, 2003, meeting Planning Commission recommended two changes that have been incorporated as italic type on page 21. Attached are Planning Commission minutes from September 4 and December 4, 2003. Issues for consideration: Expiration of development plans - staff s original recommendation for a three year expiration for final development plans will be discussed at Planning Commission on Thursday night. Changes to this section (pages 19 and 20) should be made accordingly. The bigger issue is how to deal with development standards on old development plans, which are substandard to today's regulations. I have not been able to find an equivalent code section in the other cities' planned development regulations. City of Wheat Ridge of "HEq,P Community Development Department ° v m Memorandum CO<ORA~~ TO: Planning Commission FROM: Meredith Reckert SUBJECT: Case No. ZOA-03-14/Planned Development District Regulations DATE: August 29, 2003 Attached for the Planning Commission's consideration are staff's proposed changes to Article III. of the Zoning and Development Code. The existing planned development regulations were incorporated into Chapter 26 when it was rewritten in 2001. For comparison purposes, both the existing section of the code with proposed changes (Exhibit 1) and the proposed revisions in ordinance form (Exhibit 2) have been included. Only the affected sections of the regulations have been included in the ordinance. The format of both documents uses strip for deleted language and bolding for additions. All changes have been designated with sh~ The following revisions are being proposed as shown on Exhibit 1: • PMUD: The Planned Mixed Use Development (PMUD) district has been incorporated into the categories of identified planned developments within the city (page 1). • Lot coverage: The definition citation and specific requirements for lot coverage have been removed from the different planned developments design standards (pages 2, 4, 5, 7, 8). • Landscaping, parking, fences and walls and signage: The language relative to these design standards has been reworded. These revisions do not reduce the requirement, but recognize that there can be flexibility in application based on the design features of a specific planned development district through the outline and final plan approval processes. This revision affects all five of the planned development districts (pages 2, 3, 4, 5, 6, 7, 8, 9). Commercial use conditions in the PRD district: Mixed use developments are more appropriately addressed through PMUD applications. For this reason, staff is recommending the commercial use conditions be removed from the PRD zone district regulations (page 3). Residential use conditions in the PCD district: Mixed use developments are more appropriately addressed through PMUD applications. For this reason, staff is recommending the residential use conditions be removed from the PCD zone district regulations (page 5). • Planned Hospital District: Independent living units have been added as an allowed use in the PHD district. (page 6) The allowed residential density has been corrected from 21 units per acre (old standard) to 16 units per acre (current standard). (page 7) • Planned Mixed Use District: The residential density standard has been corrected by the elimination of required commercial parking from the density calculation. This revision is consistent with the original ordinance adopting the PMUD district (page 8). • Removal of preliminary plats: The subdivision process was modified last year by elimination of the preliminary plat step. This change is consistent with that legislation (p. 10). • Neighborhood meeting: The word "referral" has been removed (page 11). • Outline development plan contents: "Typical" lot sizes has been replaced with "minimum" lot sizes (page 13). • Planning Commission Certificate: The Planning Commission certificate for both outline and final plan document certifications has been revised (pages 14 and 18). • Time limit for mylar recordation: Staff is recommending that the time limit for recordation of mylars for outline and final development plans be extended from 30 to 60 days with the opportunity for one extension (pages 15 and 19). • Final development plan contents: The requirement for typical floor plans as part of the final development plan package has been removed (page 17). The "owner's certification" has been modified by the removal of the words "and plat" as it is a requirement in the code that these documents be separately recorded. • Expiration of final development plans: A provision for expiration of final development plans has been incorporated into the planned development regulations. The existing provision is currently located in section 26-107 and provides a one-year expiration period. Staff is recommending the expiration period be extended to three years. • Amendments to development plans (owner approval): The existing regulations specify that all owners of real property within the confines of the proposed outline development plan must approve of the application in writing. This applies to both outline plan approvals and outline plan amendments. The regulations pertaining to owner concurrence for a final development amendment are unclear. Staff recommends that agreement be required by only owners within the parcel or phase where the amendment will occur. • Amendments to development plans: The Community Development Director has the authority to approve final development amendments administratively if certain criteria are met. Reduction of landscaping: Staff is recommending that the administrative approval authority be applied to landscaped coverage in very limited situations. The director could approved an amendment to reduce the amount of landscaping from the original final plan approval as long as it would not reduce the landscaped area to an amount less than the requirement on the original outline plan. Example scenario: A particular outline development plan designates minimum landscaped coverage to be 20%. The final development plan has been approved with 28% landscaped coverage. The owner would like to displace some landscaping to install an additional handicapped parking space. The resultant reduction of landscaping is 3%, bringing the proposed total to 25%. Under this provision, the Director could approve the reduction as the landscaping coverage still exceeds the original 20% required by the outline development plan. (page 21, item 7). Increase in gross floor area: Staff is recommending that the Community Development Director be authorized to approve increases of gross floor area of no more than 10%. This is allowed in many other cities in the metropolitan area (Westminster, Littleton, Arvada, Lakewood). (page 21, item 9) Increase in land area devoted to a particular use: Another common practice in other cities is to allow administrative approval of a change of land area devoted to a particular use (ie, residential versus commercial). All of the cities canvassed had a limitation of not more than a 10% change. (page 21, item 10) RECOMMENDED MOTION: "I move that Case No. ZOA-03-14, proposed amendments to Chapter 26 of the Zoning and Development Code regarding planned development district regulations, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. It alleviates redundant language. 2. It extends the time limit for mylar submittal. 3. It extends the time limit for final development plan expiration. 4. It allows more flexibility for approval of administrative final development plan amendments." City of Wheat Ridge Chapter 26 Article III. Planned Development District Regulations Planning Commission - September 4, 2003 Updated 2-4-04 for staff review - 9-04-03 PC changes incorporated Sec. 26-301. Scope and application. A. There is hereby created a Planned Development District to further promote the public health, safety and general welfare by permitting greater flexibility and innovation in land development based upon a comprehensive, integrated plan. For the purpose of ensuring maximum flexibility of this district, the district is divided into the following subdistrict designations, based on the primary land use of a proposed development plan or portion thereof: Planned Residential Development--PRD. 2. Planned Commercial Development--PCD. 3. Planned Industrial Development--PID. 4. Planned Hospital Development--PHD. 5. Planned Nfixecl Use Developriient"- PMi7D By creating the above subdistricts, the city council recognizes that these subdistricts may exist singly or in combination within any approved planned development. B. On and after the effective date of this chapter as set forth in section 26-1003, all applications for private rezoning under section 26-112 for properties in excess of one (1) acre (for rezoning to residential or industrial zones), and all applications for private rezoning to any commercial district shall be required to request rezoning to one (1) of the listed planned development subdistricts. The procedure for review of any planned development application shall be that for private rezoning at section 26-112. A Planned Development District may be approved for any single use or any combination of uses; provided, that the intent and purposes of this section are met, and that the general health, safety and welfare of the community are advanced through its approval. This section shall apply to: Any new application for a rezoning to a Planned Development District. 2. Any application for amendment to an existing planned development subdistrict. C. The intent of the Planned Development District is to permit the establishment of well-designed, innovative developments which may not be permitted by a standard zone district, however, which may be permitted through the use of an approved development plan by assuring greater control and specificity of intended development character, use, operations and maintenance, while at the same time allowing flexibility and diversity. This district recognizes the great variety of land use intensities, densities, and environmental and land use interfaces which are possible. The general purposes of this section are as follows: 1. To accomplish compatible development with adjacent commercial, residential and/or industrial land uses through proper land use transitions and buffering techniques. 2. To promote flexibility in design and permit diversification in the location of structures. 3. To promote the efficient use of land to facilitate a more economic arrangement of building, circulation systems, land use and utilities. 4. To preserve, to the greatest extent possible, the existing landscape features and to minimize impacts on other natural features of the site. 5. To provide for more usable space through the combination and grouping of structures, parking, loading and storage areas. 6. To combine and coordinate architectural styles, building forms and building relationships within the planned developments. 7. To minimize traffic congestion on public streets, control street access, and to provide for well-designed interior circulation. 8. To ensure that adequate public utilities and facilities are available within the area, to serve the specific development. 9. To promote conformance with the adopted comprehensive plan, established policies and guidelines for the area and for the community. Sec. 26-303. Planned Residential Developments (PRD) regulations. A. Area: No minimum. B. Density: Maximum sixteen (16) dwelling units per acre. C. Height: Maximum thirty-five (35) feet. H The requirements of this section shall not apply to impose a density requirement of less than twenty-one (21) units per acre, with respect to the reconstruction of residential dwelling in the PRD district, where such structures and their reconstruction meet all of the following requirements: The structure was legally in existence on September 8, 1997; The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction; and , Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: New construction where no replacement of a preexisting structure takes place; or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). J. All planned residential developments shall meet the residential site standards of article V nnIe"ss speeWcallyvarxeii:on,the o"tine and final plan. &r J. A planned residential development shall be required for any mobile home park and must meet the standards for mobile home park design in section 26-506. See. 26-304. Planned Commercial Developments (PCD) regulations. A. Area: No minimum. A Planned Commercial District shall be used to establish any proposed recreational vehicle park. Sec. 26-305. Planned Industrial Development (PID) regulations. A. Area: Each Planned Industrial Development District shall be minimum of one (1) acre. B. Height: Maximum fifty (50) feet. G All planned industrial developments shall meet the industrial performance standards set forth in section 26-505. Sec. 26-306. Planned Hospital District (PHD) regulations. A. Allowable uses. The following uses hereinafter listed shall be permitted only as specifically designated on the approved final development plan: Public and private general hospital. 2. Hospitals or sanitariums for contagious diseases, or the mentally disturbed or handicapped. 3. Indegenderit3uing Utriits; €lernes:hou►es for the aged, nursing homes, congregate care homes, hospices or similar residential facilities which are accessory to a hospital or sanitarium principal use. 4. Accessory uses and structures customarily associated with the permitted uses as shown on the approved final development plan. B. Area. Each Planned Hospital District shall be a minimum of five (5) acres, except as provided below. C. Lot width. Two hundred (200) feet minimum. D. Setback requirements: 1. Front: Fifty (50) feet minimum. 2. Side: Twenty-five (25) feet minimum plus ten (10) feet for each story. The intent is to provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property. Rear: Twenty-five (25) feet minimum, plus ten (10) feet for each story. The intent is to provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property. 6 E. Height: Hospital buildings: Fifty (50) feet maximum, except as follows: a. Sixty-five (65) feet where the lot on which the building is to be constructed is at least fifty (50) acres in size. b. Additions attached to existing hospitals may be built to a height not to exceed the height of the existing building. 2. Offices: Fifty (50) feet maximum. 3. Residential: Thirty-five (35) feet maximum. 4. Accessory: Thirty-five (35) feet maximum. Minimum twenty-five (25) percent overall site requirement. 2. Twenty-five-foot landscape buffer required along property lines adjacent to residential zoned property. Landscaping: 3. Unless otherwise specifically provided for on the approved plan, all landscaping shall meet the requirements set forth in section 26-502. Sec. 26-306.5. Planned Mixed Use District. A. Applicability. This zone district shall be used only in the mixed use areas shown on the Streetscape Classification Map in the Streetscape and Architectural Design Manual adopted January 11, 2002, as amended. B. Purpose. This district is established to provide a zoning classification to allow the integration of residential and commercial uses and development which is consistent with the surrounding neighborhoods and which meets the intent of the comprehensive plan and the Streetscape and Architectural Design Manual. It is not intended to be used solely to permit a higher density than allowed in the planned residential development (PRD) district nor to circumvent other specific standards of the planned residential and planned commercial districts. Instead, it is intended to create a zone district which will allow flexibility in use, design, and orientation while maximizing space, community interest and protecting nearby and adjacent residential neighborhoods. C. Permitted uses. Permitted uses shall be a mixture of residential and commercial uses governed by approval of the outline development plan. D. Area. No minimum. E. Height. Maximum fifty (50) feet for freestanding commercial buildings only; thirty-five (35) feet for structures containing commercial and residential uses; thirty-five (35) feet for freestanding residential structures. F. 5 Density. Maximum of sixteen (16) units per acre. Land used for commercial uses, g excluding parking, may not be used to calculate the maximum of sixteen (16) units per acre. If the commercial and residential uses are mixed in the same building, the land attributable to the commercial use shall be considered to be one-half ( 1/2) of the H. Allowances may be made for shared parking spaces if it can be demonstrated to the building footprint. If the commercial and residential uses are in separate buildings, the land attributable to the commercial use shall be considered to be the entire commercial building footprint. See. 26-307. Similar uses in planned developments. A. Definition. A similar use is a use which would be similar in size, type of operation, services provided or equipment used, number of employees, and hours of operation and which would: 1. Be compatible in character and impact with permitted uses in the planned development, 2. Be consistent with the intent of the planned development, 3. Not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, and 4. Not be hazardous to the health and safety of surrounding areas through danger of fire or explosion. B. Similar use determination process. Any use which is not specifically listed as a permitted use in a planned development district is allowed only under the following procedure: The planning and development director shall notify adjacent property owners by letter notice and posting of the site for ten (10) days that a similar use is requested for the property. The notice and posting shall contain a description of the proposed similar use and a copy of Ordinance 1200, series 2000. 2. If no written objection to the proposed similar use is received and the planning and development director finds that the proposed similar use meets the definition of similar use contained in section (a) above, the 9 satisfaction of the person or approval body designated as having final approval authority that parking demand for different uses occurs at different times. planning and development director is authorized to approve the similar use. If a written objection is received or if the community, development director finds that the definition of similar use does not apply, the plarm arul epmei3t community developmeut director shall forward the determination request to the board of adjustment at a public hearing. Notice of said hearing shall be as provided in section 26-109. C. Recordation. If approved, the similar use shall be recorded on the final development plan in the same manner as the original final development plan was recorded. Sec. 26-308. Application for planned developments. All applications for approval of a planned development, redevelopment, alteration or '~oznm3 addition shall be filed with the M , 4 devet"opment department prior to issuance of a building permit. In some instances, platting is required and the plat can be processed concurrently with the planned development request. Article W 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 submitted for consideration by itself or it may be combined with a final development plan. When the outline development plan is combined with final plans, two (2) separate drawings are required. 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 development plans. All requirements of the subdivision regulations for a 0 ' 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 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. Submittal requirements. 10 a. Appropriate fee. b. Evidence that the required neighborhood . meeting has occurred (see section 26-109). C. Complete and notarized application. d. Proof of ownership, such as copies of deeds or title commitment. e. Power of attorney from owner(s) where an agent acts on behalf of the owner(s). f Names and addresses of all adjacent property owners, including property across abutting streets. g. Names, addresses, telephone numbers of architects, surveyors, and engineers associated with the preparation of the plans. h. 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. The drawings may be in general schematic form 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 26-301C; the 11 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, 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. General indication of areas to be landscaped. 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. Location of all proposed streets, alleys, easements, drainage areas, parks, and other areas to be reserved or dedicated to public use. Approximate location and extent of major use areas. k. Any significant vegetation or land use features within or adjacent to the site which may influence development. 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. 12 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, building area and percent, paved area and percent, landscape area and percent, number of lots, twat minimum lot sizes and dimensions, net density, gross density, etc. S. Development time schedule by phase. t. Required certifications. 3. The outline development plan shall be recorded with the Jefferson County Clerk and Recorder and, therefore, must meet their requirements for recordation. 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 13 PLANNING COMMISSION CERTIFICATION Chairperson Pr nra4pici nwm n>ti,~~r;r nvi.a~iim COMMUNITY-DE LOPMUNT.DILZ -T,( R 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. Review procedures: a. Staff review: Upon filing of an application and other required documents, planning and development staff will refer copies of the 14 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. 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 a proposed development. Submittal requirements: a. Complete and notarized application. b. Proof of ownership, such as copies of deeds or title commitment. C. Power of attorney from owner(s) where an agent acts on behalf of the owner(s). d. Names and addresses of all adjacent property owners, including property across abutting streets. 15 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. e. Names, addresses and telephone numbers of architects and engineers associated with preparation of the plans and plat. f 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. g. Additional information may be required, including, but not limited to, geological stability report, traffic impact report, 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 Oie jimffif line dev04p meitt 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. Location, extent, type and surfacing materials or all proposed walks, malls, paved areas, turfing and other areas not be covered by buildings or structures. C. Location, size, type, height and orientation of all signs. Signs not specifically approved as part of a final development plan shall not be permitted. d. A landscape plan which provides location, type, size and quantities 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 and type of irrigation system shall be indicated. All landscaping shall meet the requirements of this section as well as section 26-502. e. Location, extent, types of materials and height of all walls and fences. f Exterior lighting devices; type, height, location and orientation. g. Location, extent, maximum height, number of floors and total floor area of all buildings and structures. 16 h. Total number of dwelling units. v i. Elevations and perspective drawings of all proposed structures and improvements, indicating architectural style and building materials. The drawings need not be the result of final architectural design but of sufficient detail to permit evaluation of the proposed structures. Off-street parking and loading plan which indicates the size, location and number of 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, A development schedule indicating the approximate date on which construction of the project can be expected to begin and approximate dates when construction will be completed. 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. 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. 17 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 P ANNING COMNIYSSiON CERTIFICATION Chairperson nY n wrnrrr r~ n r`ri~ ra cn mi' nvr NT-- . C011%INIUNTT3t DE~T;OPMENT bTk2ECTOR CITY COUNCIL CERTIFICATION Approved this day of by the Wheat Ridge City Council. 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. 18 JEFFERSON COUNTY CLERK AND RECORDER By: Deputy 4. Review procedures: a. Staff review. Upon filing of an application and other required documents, the planning and 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 the planning commission. b. Planning commission hearing. Planning commission shall hold a public hearing pursuant to the requirements of section 26-109. The planning commission shall recommend to city council approval, approval with modifications, or denial stating the reasons for action. C. d. 5 ` Ex arafiori of final devetogmeuXplau approYais, reagglrcatioris 19 City council hearing. Upon receipt of the planning commission's recommendation, city council shall hold a public hearing pursuant to the requirements of section 26-109. City council shall approve, approve with modifications or deny the application. Sec. 26-309. Interpretation of standards. A. Detailed specifications and standards which should have been set forth on an approved final development plan, but which were found subsequent to approval to have been omitted, may be interpreted by the comuajity deticltpmgri director e€ag -""'develepffi @ 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 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 ' ra ' conmur<iLy'dcyelgpmerit 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. 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. 20 B. Based upon showing of necessity therefore, minor changes in the locations of structures and their accessory uses, fences, parking areas, landscaping and other site improvements may be permitted as an "administrative amendment" by the cornYn"i fy if such changes will not cause any of delvelopitfentdirecfor e€ iiy the following circumstances to occur: Change in the character of the development. 2. Increase in the intensity (or density) of use. 3. Increase of the problems of circulation, safety and utilities. 4. Increase of the external effects on the adjacent properties. 5. Increase in maximum building height. 6. Reduction in the originally approved setbacks from perimeter property lines. 7. 8 mien Re oe~t►atf of landscape areas which are required as buffer yards or establish project character. 9 Increase in the gross floor area of structures of o9sr l°fp beyond the authorized maximum allowed with the approved planned development, but not~o=exceed an: ifter~ase of 10,,0,00 square feet; 21 C. Any changes or revisions of a 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, subleezao the deadline p ouision, of Seetion 26 30$ D 4:d See. 26-312. Interim use. Subsequent to rezoning to a Planned Development District and approval of a final development plan, but prior to development and use of a parcel in accordance with the approved plan, the property may continue to be used for any lawful purpose for which it was used at the time of -outlinp'development plan approval; provided, however, that no new permanent structures or additions to existing structures will be permitted. 22 7. PUBLIC HEARINGS A. Case No WZ-02-13 (continued from August 21, 2003): An application filed by Melody Homes, Inc. for approval of a Planned Residential Development final development plan for property located at 10285 Ridge Road. B. Case No WS-02-01 (continued from August 21, 2003): An application filed by Melody Homes, Inc. for approval of a 38-lot subdivision plat for property located at 10285 Ridge Road. A request was made for continuance of the Final Development Plan and Final Plat to the next Planning Commission meeting. Staff recommended approval of this request. It was moved by Commissioner STITES and seconded by Commissioner McMILLIN that Case No. WZ-02-13, a request for approval of a final development plan, and Case No. WS-02-01, a request for approval of a 38-lot major subdivision plat, for property located at 10285 Ridge Road, be continued to September 18, 2003. The motion passed 6-0 with Commissioners DAVIS and PLUMMER absent. C. Case No. ZOA-03-13: An ordinance amending Section 26-110 of the Wheat Ridge Code of Laws concerning cost recovery for construction of certain public improvements. This case was presented by Meredith Reckert. She reviewed the staff report which contained an ordinance prepared by the city attorney's office regarding future cost recovery for required improvements. It would allow developers who install public street and drainage improvements to be reimbursed from a subsequent developer who benefits from the original construction of these public improvements. Staff recommended approval of the ordinance. It was moved by Commissioner WEISZ and seconded by Commissioner WITT that Case No. ZOA-03-13, a proposed amendment to Chapter 26 of the Zoning and Development Code regarding cost recovery for the installation of public improvements, be forwarded to City Council with a recommendation of approval for the following reason: It will allow developers to be reimbursed for construction of improvements that benefit others. The motion passed 6-0 with Commissioners DAVIS and PLUMMER absent. D. Case No. ZOA-03-14: An ordinance amending Article III of Chapter 26 of the Wheat Ridge Code of Laws pertaining to planned developments. This case was presented by Meredith Reckert. She reviewed each existing section of the code and compared them with the proposed revisions. Staff recommended approval of the ordinance. Planning Commission Page September 4, 2003 It was moved by Commissioner BERRY and seconded by Commissioner McMILLIN that Case No. ZOA-03-14, proposed amendments to Chapter 26 of the Zoning and Development Code regarding planned development district regulations, be forwarded to City Council with a recommendation of approval for the following reasons: 1. It alleviates redundant language. 2. It extends the time limit for mylar submittal. 3. It extends the time limit for final development plan expiration. 4. It allows more flexibility for approval of administrative final development plan. With the following conditions: 1. Regarding Section 26-311.11.9, there be a limitation of gross floor area not to exceed 10,000 square feet. 2. Following paragraph A of Section 26-311, the following words be added: and all property owners who may be impacted by the proposed amendment to the final y~ development plan. The motion passed 6-0 with Commissioners DAVIS and PLUMMER absent. E. Case No. ZOA-03-15: An ordinance amending Section 26-106 of the Wheat Ridge Code of Laws concerning the review process chart. This case was presented by Meredith Reckert. She reviewed the staff report and reviewed the existing process chart comparing it with the proposed revisions. It was moved by Commissioner McMILLIN and seconded by Commissioner STITES that Case No. ZOA-03-15, a proposed amendment to Chapter 26 of the Zoning and Development Code regarding the land use review process chart, be forwarded to City Council with a recommendation of approval for the following reasons: 1. It will streamline the review process by simplifying the pre-application meeting requirement. 2. It expedites the subdivision approval process by elimination of the neighborhood meeting requirement. 3. It distinguishes between the different categories of planned development approvals. 4. It reflects recent legislation regarding the special use process. With the following condition: That wording in footnote #1 of the proposed review process chart be changed to read: If five or fewer parcels, minor subdivision process applies. If more than five parcels, major subdivision process applies. The motion passed 6-0 with Commissioners DAVIS and PLUMMER absent. Commission Page 3 ;r 4, 2003 B. Case No. ZOA-03-17: An ordinance amending Section 26-107 of the Wheat Ridge Code of Laws concerning expiration of development approvals. Meredith Reckert presented this matter. She reviewed the staff report and noted that staff recommended removal of time limits on outline development plans so they remain in perpetuity. However, staff acknowledges there should be more discussion and consideration on the proposed changes to the final development plan expirations and recommended continuation of that discussion to a later time. Alan White explained that there are final development plans that are 30 years old where the outline plan sets the standard for landscaping at 8% to 10%. The current requirement for landscaping is 20%. Commissioner McNAMEE asked how many old planned developments exist that have never been developed. Alan White explained that most situations deal with the last one or two buildings within an old planned development. He estimated there are probably two dozen of these situations. Commissioner PLUMMER suggested a requirement that, if not developed within a certain number of years, the plan must be reviewed which would involve new application fees. Commissioner STITES suggested a requirement that the application must be brought up to current code requirements after a certain time limit has passed. Commissioner McMILLIN asked about an applicant's vested rights with prior development approval. Alan White explained that the statutory limit for vested rights is three years. However, a developer could come in and request a vested rights agreement but such agreement would have to be reviewed and approved by City Council. Commissioner PLUMMER expressed concern that large projects sometimes take longer than three years to prepare for construction and drainage, roadway and other conditions could change during that time. Alan White explained that notices of any such changes in Planned Developments are given to the owners or developers of surrounding properties. Commissioner McMILLIN suggested a provision to shift amenities such as landscaping according to changes that have taken place since the initial approval. Commissioner McNAMEE asked if there were time restrictions for a developer to begin or complete his project. Alan White stated that there is the one-year restriction to begin building. He noted that a provision in the code adopted two years ago stated that building needed to begin within one year of adopting the code or their approval would expire. No notice to owners was given of this requirement. No one responded to this action. Commissioner McMILLIN suggested a survey of other municipalities regarding their regulations. Meredith Reckert stated that she checked with other municipalities and found that most have a three-year limitation on final development plans. She didn't check to see what Planning Commission December 4, 2003 8. procedures were in place when the time limitation is up and indicated that she would contact neighboring municipalities regarding this matter. It was moved by Commissioner PLUMMER and seconded by Commissioner McMILLIN that Case No. ZOA-03-17, an ordinance amending Section 26-107 of the Wheat Ridge Code of Laws concerning expiration of development approval, be continued to February 5, 2004. The motion passed unanimously. OLD BUSINESS Alan White reported that AutoNation is in the rocess of installing a wetlands/detention pond and storm sewer improvements out to 38` Avenue. A building permit for their new building is anticipated in the spring. They have indicated they want to be open by January, 2005. In response to a question from Commissioner McNAMEE regarding the temporary lot at Lutheran Hospital, Meredith Reckert explained this will accommodate construction and employee parking that is being displaced by the new medical building construction. This is being processed as an administrative amendment and staff is attempting to stay cognizant of neighborhood concerns. Alan White reported that there is a 5-year time limit on the temporary lot. 9. NEW BUSINESS • Alan White reported that the December 18`h Planning Commission agenda will include RV regulations. Meredith Reckert reported that the interview process has begun to fill the planner technician vacancy. 10. 11 12. COMMISSION REPORTS There were no commission reports. COMMITTEE AND DEPARTMENT REPORTS There were no committee and department reports. ADJOURNMENT It was moved by Commissioner PLUMMER and seconded by Commissioner STITES to adjourn the meeting at 7:55p.m. The motion passed unanimously. Mat.'on rX ~ft Marian McNamee, Chair Ann Lazzeri, Recordin retary Planning Commis! December 4, 2003 Page 4 City of Wheat Ridge of WHEgTP Community Development Department ° U m Memorandum CD~ORA~~ TO: Planning Commission FROM: Meredith Reckert SUBJECT: Case No. ZOA-03-14/Planned Development District Regulations DATE: August 29, 2003 Attached for the Planning Commission's consideration are staff s proposed changes to Article III. of the Zoning and Development Code. The existing planned development regulations were incorporated into Chapter 26 when it was rewritten in 2001. For comparison purposes, both the existing section of the code with proposed changes (Exhibit 1) and the proposed revisions in ordinance form (Exhibit 2) have been included. Only the affected sections of the regulations have ~ s for deleted been included in the ordinance. The format of both documents uses strih° * language and bolding for additions. All changes have been designated with shadowing; The following revisions are being proposed as shown on Exhibit 1: • PMUD: The Planned Mixed Use Development (PMUD) district has been incorporated into the categories of identified planned developments within the city (page 1). • Lot coverage: The definition citation and specific requirements for lot coverage have been removed from the different planned developments design standards (pages 2, 4, 5, 7, 8). • Landscaping, parking, fences and walls and signage: The language relative to these design standards has been reworded. These revisions do not reduce the requirement, but recognize that there can be flexibility in application based on the design features of a specific planned development district through the outline and final plan approval processes. This revision affects all five of the planned development districts (pages 2, 3, 4, 5, 6, 7, 8, 9). Commercial use conditions in the PRD district: Mixed use developments are more appropriately addressed through PMUD applications. For this reason, staff is recommending the commercial use conditions be removed from the PRD zone district regulations (page 3). Residential use conditions in the PCD district: Mixed use developments are more appropriately addressed through PMUD applications. For this reason, staff is recommending the residential use conditions be removed from the PCD zone district regulations (page 5). Planned Hospital District: Independent living units have been added as an allowed use in the PHD district. (page 6) The allowed residential density has been corrected from 21 units per acre (old standard) to 16 units per acre (current standard). (page 7) • Planned Mixed Use District: The residential density standard has been corrected by the elimination of required commercial parking from the density calculation. This revision is consistent with the original ordinance adopting the PMUD district (page 8). • Removal of preliminary plats: The subdivision process was modified last year by elimination of the preliminary plat step. This change is consistent with that legislation (p. 10). • Neighborhood meeting: The word "referral" has been removed (page 11). • Outline development plan contents: "Typical" lot sizes has been replaced with "minimum" lot sizes (page 13). • Planning Commission Certificate: The Planning Commission certificate for both outline and final plan document certifications has been revised (pages 14 and 18). • Time limit for mylar recordation: Staff is recommending that the time limit for recordation of mylars for outline and final development plans be extended from 30 to 60 days with the opportunity for one extension (pages 15 and 19). • Final development plan contents: The requirement for typical floor plans as part of the final development plan package has been removed (page 17). The "owner's certification" has been modified by the removal of the words "and plat" as it is a requirement in the code that these documents be separately recorded. • Expiration of final development plans: A provision for expiration of final development plans has been incorporated into the planned development regulations. The existing provision is currently located in section 26-107 and provides a one-year expiration period. Staff is recommending the expiration period be extended to three years. • Amendments to development plans (owner approval): The existing regulations specify that all owners of real property within the confines of the proposed outline development plan must approve of the application in writing. This applies to both outline plan approvals and outline plan amendments. The regulations pertaining to owner concurrence for a final development amendment are unclear. Staff recommends that agreement be required by only owners within the parcel or phase where the amendment will occur. • Amendments to development plans: The Community Development Director has the authority to approve final development amendments administratively if certain criteria are met. Reduction of landscaping: Staff is recommending that the administrative approval authority be applied to landscaped coverage in very limited situations. The director could approved an amendment to reduce the amount of landscaping from the original final plan approval as long as it would not reduce the landscaped area to an amount less than the requirement on the original outline plan. Example scenario: A particular outline development plan designates minimum landscaped coverage to be 20%. The final development plan has been approved with 28% landscaped coverage. The owner would like to displace some landscaping to install an additional handicapped parking space. The resultant reduction of landscaping is 3%, bringing the proposed total to 25%. Under this provision, the Director could approve the reduction as the landscaping coverage still exceeds the original 20% required by the outline development plan. (page 21, item 7). Increase in gross floor area: Staff is recommending that the Community Development Director be authorized to approve increases of gross floor area of no more than 10%. This is allowed in many other cities in the metropolitan area (Westminster, Littleton, Arvada, Lakewood). (page 21, item 9) Increase in land area devoted to a particular use: Another common practice in other cities is to allow administrative approval of a change of land area devoted to a particular use (ie, residential versus commercial). All of the cities canvassed had a limitation of not more than a 10% change. (page 21, item 10) RECOMMENDED MOTION: "I move that Case No. ZOA-03-14, proposed amendments to Chapter 26 of the Zoning and Development Code regarding planned development district regulations, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. It alleviates redundant language. 2. It extends the time limit for mylar submittal. 3. It extends the time limit for final development plan expiration. 4. It allows more flexibility for approval of administrative final development plan amendments." City of Wheat Ridge Chapter 26 Article III. Planned Development District Regulations Planning Commission - September 4, 2003 Sec. 26-301. Scope and application. A. There is hereby created a Planned Development District to further promote the public health, safety and general welfare by permitting greater flexibility and innovation in land development based upon a comprehensive, integrated plan. For the purpose of ensuring maximum flexibility of this district, the district is divided into the following subdistrict designations, based on the primary land use of a proposed development plan or portion thereof: Planned Residential Development--PRD. 2. Planned Commercial Development--PCD. 3. Planned Industrial Development--PID. 4. Planned Hospital Development--PHD. 5. Planned Mixed Use Deelopment PMIII)' By creating the above subdistricts, the city council recognizes that these subdistricts may exist singly or in combination within any approved planned development. B. On and after the effective date of this chapter as set forth in section 26-1003, all applications for private rezoning under section 26-112 for properties in excess of one (1) acre (for rezoning to residential or industrial zones), and all applications for private rezoning to any commercial district shall be required to request rezoning to one (1) of the listed planned development subdistricts. The procedure for review of any planned development application shall be that for private rezoning at section 26-112. A Planned Development District may be approved for any single use or any combination of uses; provided, that the intent and purposes of this section are met, and that the general health, safety and welfare of the community are advanced through its approval. This section shall apply to: 1. Any new application for a rezoning to a Planned Development District. Any application for amendment to an existing planned development subdistrict. C. The intent of the Planned Development District is to permit the establishment of well-designed, innovative developments which may not be permitted by a standard zone EXHIBIT 1 district, however, which may be permitted through the use of an approved development plan by assuring greater control and specificity of intended development character, use, operations and maintenance, while at the same time allowing flexibility and diversity. This district recognizes the great variety of land use intensities, densities, and environmental and land use interfaces which are possible. The general purposes of this section are as follows: 1. To accomplish compatible development with adjacent commercial, residential and/or industrial land uses through proper land use transitions and buffering techniques. 2. To promote flexibility in design and permit diversification in the location of structures. 3. To promote the efficient use of land to facilitate a more economic arrangement of building, circulation systems, land use and utilities. 4. To preserve, to the greatest extent possible, the existing landscape features and to minimize impacts on other natural features of the site. 5. To provide for more usable space through the combination and grouping of structures, parking, loading and storage areas. 6. To combine and coordinate architectural styles, building forms and building relationships within the planned developments. To minimize traffic congestion on public streets, control street access, and to provide for well-designed interior circulation. 8. To ensure that adequate public utilities and facilities are available within the area, to serve the specific development. 9. To promote conformance with the adopted comprehensive plan, established policies and guidelines for the area and for the community. Sec. 26-303. Planned Residential Developments (PRD) regulations. A. Area: No minimum. B. Density: Maximum sixteen (16) dwelling units per acre. C. Height: Maximum thirty-five (35) feet. 4 The requirements of this section shall not apply to impose a density requirement of less than twenty-one (21) units per acre, with respect to the reconstruction of residential dwelling in the PRD district, where such structures and their reconstruction meet all of the following requirements: The structure was legally in existence on September 8, 1997; 2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction; and Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: New construction where no replacement of a preexisting structure takes place; or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). Y~-. I All planned residential developments shall meet the residential site design standards of article V. uuless.specrfcallyvaried onthe of thne and,;fmal,devel'oj plan. L, J' A planned residential development shall be required for any mobile home park and must meet the standards for mobile home park design in section 26-506. Sec. 26-304. Planned Commercial Developments (PCD) regulations. A. Area: No minimum. bets^y€ragg: r~ wr ~Qn~ is ~z i.az c a r...9)1 R-., 00040* E G A Planned Commercial District shall be used to establish any proposed recreational vehicle park. Sec. 26-305. Planned Industrial Development (PID) regulations. A. Area: Each Planned Industrial Development District shall be minimum of one (1) acre. B. Height: Maximum fifty (50) feet. ,7. t 1 74t v A 17; .t` F /.R G\ F t, H l,t st x l t iQn~ + rc + 194 F a H-. G. All planned industrial developments shall meet the industrial performance standards set forth in section 26-505. Sec. 26-306. Planned Hospital District (PHD) regulations. A. Allowable uses. The following uses hereinafter listed shall be permitted only as specifically designated on the approved final development plan: 1. Public and private general hospital. 2. Hospitals or sanitariums for contagious diseases, or the mentally disturbed or handicapped. 3. Independent living'unifs;lerngshomes for the aged, nursing homes, congregate care homes, hospices or similar residential facilities which are accessory to a hospital or sanitarium principal use. 4. Accessory uses and structures customarily associated with the permitted uses as shown on the approved final development plan. B. Area. Each Planned Hospital District shall be a minimum of five (5) acres, except as provided below. C. Lot width. Two hundred (200) feet minimum. D. Setback requirements: Front: Fifty (50) feet minimum. 2. Side: Twenty-five (25) feet minimum plus ten (10) feet for each story. The intent is to provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property. Rear: Twenty-five (25) feet minimum, plus ten (10) feet for each story. The intent is to provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property. E. Height: 1. Hospital buildings: Fifty (50) feet maximum, except as follows: a. Sixty-five (65) feet where the lot on which the building is to be constructed is at least fifty (50) acres in size. b. Additions attached to existing hospitals may be built to a height not to exceed the height of the existing building. 2. Offices: Fifty (50) feet maximum. Residential: Thirty-five (35) feet maximum. 4. Accessory: Thirty-five (35) feet maximum. 14. G.. Landscaping: Minimum twenty-five (25) percent overall site requirement. 2. Twenty-five-foot landscape buffer required along property lines adjacent to residential zoned property. r' r ♦ C /'7C`= b,.':. 11 4A r~azaxPA.vGra e. n t. o _ *4,4V FIG 3. Unless otherwise specifically provided for on the approved plan, all landscaping shall meet the requirements set forth in section 26-502. Sec. 26-306.5. Planned Mixed Use District. A. Applicability. This zone district shall be used only in the mixed use areas shown on the Streetscape Classification Map in the Streetscape and Architectural Design Manual adopted January 11, 2002, as amended. B. Purpose. This district is established to provide a zoning classification to allow the integration of residential and commercial uses and development which is consistent with the surrounding neighborhoods and which meets the intent of the comprehensive plan and the Streetscape and Architectural Design Manual. It is not intended to be used solely to permit a higher density than allowed in the planned residential development (PRD) district nor to circumvent other specific standards of the planned residential and planned commercial districts. Instead, it is intended to create a zone district which will allow flexibility in use, design, and orientation while maximizing space, community interest and protecting nearby and adjacent residential neighborhoods. C. Permitted uses. Permitted uses shall be a mixture of residential and commercial uses governed by approval of the outline development plan. D. Area. No minimum E. Height. Maximum fifty (50) feet for freestanding commercial buildings only; thirty-five (35) feet for structures containing commercial and residential uses; thirty-five (35) feet for freestanding residential structures. G. F Density. Maximum of sixteen (16) units per acre. Land used for commercial uses, including excluding parking, may not be used to calculate the maximum of sixteen (16) units per acre. If the commercial and residential uses are mixed in the same building, the land attributable to the commercial use shall be considered to be one-half ( 1/2) of the building footprint. If the commercial and residential uses are in separate buildings, the land attributable to the commercial use shall be considered to be the entire commercial building footprint. satisfaction of the person or approval body designated as having final approval authority that parking demand for different uses occurs at different times. Sec. 26-307. Similar uses in planned developments. A. Definition. A similar use is a use which would be similar in size, type of operation, services provided or equipment used, number of employees, and hours of operation and which would: Be compatible in character and impact with permitted uses in the planned development, 2. Be consistent with the intent of the planned development, 3. Not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, and 4. Not be hazardous to the health and safety of surrounding areas through danger of fire or explosion. B. Similar use determination process. Any use which is not specifically listed as a permitted use in a planned development district is allowed only under the following procedure: 1. The planning and development director shall notify adjacent property owners by letter notice and posting of the site for ten (10) days that a similar use is requested for the property. The notice and posting shall contain a description of the proposed similar use and a copy of Ordinance 1200, series 2000. 2. If no written objection to the proposed similar use is received and the planning and development director finds that the proposed similar use meets the definition of similar use contained in section (a) above, the planning and development director is authorized to approve the similar use. 3. If a written objection is received or if the community development director finds that the definition of similar use does not apply, the ph..na«g axe dcommunrty development director shall forward the determination request to the board of adjustment at a public hearing. Notice of said hearing shall be as provided in section 26-109. C. Recordation. If approved, the similar use shall be recorded on the final development plan in the same manner as the original final development plan was recorded. Sec. 26-308. Application for planned developments. All applications for approval of a planned development, redevelopment, alteration or addition shall be filed with the copunumtiy development department prior to issuance of a building permit. In some instances, platting is required and the plat can be processed concurrently with the 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 submitted for consideration by itself or it may be combined with a final development plan. When the outline development plan is combined with final plans, two (2) separate drawings are required. 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 development plans. All requirements of the subdivision regulations for a p 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 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. Submittal requirements. 10 a. Appropriate fee. b. Evidence that the required neighborhood rif" meeting has occurred (see section 26-109). C. Complete and notarized application. d. Proof of ownership, such as copies of deeds or title commitment. e. Power of attorney from owner(s) where an agent acts on behalf of the owner(s). f. Names and addresses of all adjacent property owners, including property across abutting streets. g. Names, addresses, telephone numbers of architects, surveyors, and engineers associated with the preparation of the plans. h. 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. The drawings may be in general schematic form 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 26-301C; the 11 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, 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. General indication of areas to be landscaped. C. 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. Location of all proposed streets, alleys, easements, drainage areas, parks, and other areas to be reserved or dedicated to public use. j. Approximate location and extent of major use areas. k. Any significant vegetation or land use features within or adjacent to the site which may influence development. 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. in. 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. 12 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. Project data for the entire site and including, by phase, building area and percent, paved area an d percent, landscape area and percent, number of lots, tyi'isal ik lot sizes and dimensions, net density, gross density, etc. S. Development time schedule by phase. Required certifications. 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 13 PLANNING COMMISSION.CERTIFICATMON Chairperson Chairman P1 ANNING AND C0MM1JNITX:1)EYELOPIVIENT 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 Review procedures: a. Staff review: Upon filing of an application and other required documents, planning and development staff will refer copies of the 14 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. 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 a proposed development. Submittal requirements: a. Complete and notarized application. b. Proof of ownership, such as copies of deeds or title commitment. C. Power of attorney from owner(s) where an agent acts on behalf of the owner(s). d. Names and addresses of all adjacent property owners, including property across abutting streets. 15 e. Names, addresses and telephone numbers of architects and engineers associated with preparation of the plans and plat. 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. g. Additional information may be required, including, but not limited to, geological stability report, traffic impact report, floodplain impact report or general environmental impact report. 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. Location, extent, type and surfacing materials or all proposed walks, malls, paved areas, turfing and other areas not be covered by buildings or structures. C. Location, size, type, height and orientation of all signs. Signs not specifically approved as part of a final development plan shall not be permitted. d. A landscape plan which provides location, type, size and quantities 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 and type of irrigation system shall be indicated. All landscaping shall meet the requirements of this section as well as section 26-502. e. Location, extent, types of materials and height of all walls and fences. Exterior lighting devices; type, height, location and orientation. g. Location, extent, maximum height, number of floors and total floor area of all buildings and structures. 16 h. Total number of dwelling units-I rrsidooA ~a}gsts Elevations and perspective drawings of all proposed structures and improvements, indicating architectural style and building materials. The drawings need not be the result of final architectural design but of sufficient detail to permit evaluation of the proposed structures. Off-street parking and loading plan which indicates the size, location and number of 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, A development schedule indicating the approximate date on which construction of the project can be expected to begin and approximate dates when construction will be completed. 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. 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 (040" 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. 17 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 Chairperson Ghai COIVIIVIUNITY DES ELOPMENT':DIRECTOR CITY COUNCIL CERTIFICATION Approved this day of by the Wheat Ridge City Council. 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. 18 JEFFERSON COUNTY CLERK AND RECORDER By: Deputy 4. Review procedures: a. Staff review. Upon filing of an application and other required documents, the planning and 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 the planning commission. b. Planning commission hearing. Planning commission shall hold a public hearing pursuant to the requirements of section 26-109. The planning commission shall recommend to city council approval, approval with modifications, or denial stating the reasons for action. C. City council hearing. Upon receipt of the planning commission's recommendation, city council shall hold a public hearing pursuant to the requirements of section 26-109. City council shall approve, approve with modifications or deny the application. d. 5 Expiration. art, ,gvelopment plan approvals, reap~lrcxhons 19 C. Sec. 26-309. Interpretation of standards. A. Detailed specifications and standards which should have been set forth on an approved final development plan, but which were found subsequent to approval to have been omitted, maybe interpreted by the comet' d # deoelgpinen director ofplapqmg and rvelopn4e 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 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 commumty;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. 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. 20 B. Based upon showing of necessity therefore, minor changes in the locations of structures and their accessory uses, fences, parking areas, landscaping and other site improvements may be permitted as an "administrative amendment" by the community development director e€ A, if such changes will not cause any of the following circumstances to occur: Change in the character of the development. 2. Increase in the intensity (or density) of use. 3. Increase of the problems of circulation, safety and utilities. 4. Increase of the external effects on the adjacent properties. 5. Increase in maximum building height. 6. Reduction in the originally approved setbacks from perimeter property lines. 8> er-relecatien Relocation of landscape areas which are required as buffer yards or establish project character. 9 Increase in the gross floor area of structures of over 7 0%; beyond the authorized maximum allowed with the approved planned development. C. Any changes or revisions of a final development plan which are approved, either administratively or by city council action, must be recorded with the Jefferson County 21 Recorder as amendments to the original recorded development plan°sub]eet totli deadline provisions of:Section.26=369..D:4:d.~ See. 26-312. Interim use. Subsequent to rezoning to a Planned Development District and approval of a final development plan, but prior to development and use of a parcel in accordance with the approved plan, the property may continue to be used for any lawful purpose for which it was used at the time of pr-e ontline develuoinegt plan approval; provided, however, that no new permanent structures or additions to existing structures will be permitted. 22 INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2003 TITLE: AN ORDINANCE AMENDING ARTICLE III. CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PLANNED DEVELOPMENT DISTRICT REGULATIONS WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to the requirement for and content of planned development districts; WHEREAS, the City has identified changes which will improve the processing of and standards for planned development district applications. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Section 26-301.A. of the Wheat Ridge Code of Laws (Scope and Application) is hereby amended as follows: A. There is hereby created a Planned Development District to further promote the public health, safety and general welfare by permitting greater flexibility and innovation in land development based upon a comprehensive, integrated plan. For the purpose of ensuring maximum flexibility of this district, the district is divided into the following subdistrict designations, based on the primary land use of a proposed development plan or portion thereof: Planned Residential Development--PRD. 2. Planned Commercial Development--PCD. 3. Planned Industrial Development--PID. 4. Planned Hospital Development--PHD. 5. Planned Mixed Use Developmen,'t PMUD Section 2. Section. 26-303. of the Wheat Ridge Code of Laws (Planned Residential Developments (PRD) regulations) are hereby amended as follows. A. Area: No minimum. EXHIBIT 2 B. Density: Maximum sixteen (16) dwelling units per acre. C. Height: Maximum thirty-five (35'). The requirements of this section shall not apply to impose a density requirement of less than twenty-one (21) units per acre, with respect to the reconstruction of residential dwelling in the PRD district, where such structures and their reconstruction meet all of the following requirements: The structure was legally in existence on September 8, 1997; 2. The structure is located upon a lot which does not meet the then- applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction; and 3. Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: New construction where no replacement of a preexisting structure takes place; or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). K-. T. All planned residential developments shall meet the residential site standards of article V: unless specifically vaned onrthe outline}and final=i plans. lT J. A planned residential development shall be required for any mobile home park and must meet the standards for mobile home park design in section 26-506. Section 3. Section. 26-304. of the Wheat Ridge Code of Laws (Planned Commercial Developments (PCD) regulations) are hereby amended as follows. A. Area: No minimum. 1-. G A Planned Commercial District shall be used to establish any proposed recreational vehicle park. Section 4. Section. 26-305. of the Wheat Ridge Code of Laws (Planned Industrial Development (PID) regulations) are hereby amended as follows. A. Area: Each Planned Industrial Development District shall be minimum of one (1) acre. B. Height: Maximum fifty (50) feet. 4 Section 5. Section. 26-306. of the Wheat Ridge Code of Laws (Planned Hospital Developments (PHD) regulations) are hereby amended as follows. A. Allowable uses. The following uses hereinafter listed shall be permitted only as specifically designated on the approved final development plan: Public and private general hospital. 2. Hospitals or sanitariums for contagious diseases, or the mentally disturbed or handicapped. 3. Independent livmg,"its, Iei s ~pom6s for the aged, nursing homes, congregate care homes, hospices or similar residential facilities which are accessory to a hospital or sanitarium principal use. 4. Accessory uses and structures customarily associated with the permitted uses as shown on the approved final development plan. B. Area. Each Planned Hospital District shall be a minimum of five (5) acres, except as provided below. C. Lot width. Two hundred (200) feet minimum. D. Setback requirements: 0-. G. All planned industrial developments shall meet the industrial performance standards set forth in section 26-505. 1. Front: Fifty (50) feet minimum. 2. Side: Twenty-five (25) feet minimum plus ten (10) feet for each story. The intent is to provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property. 3. Rear: Twenty-five (25) feet minimum, plus ten (10) feet for each story. The intent is to provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property. E. Height: Hospital buildings: Fifty (50) feet maximum, except as follows: a. Sixty-five (65) feet where the lot on which the building is to be constructed is at least fifty (50) acres in size. Additions attached to existing hospitals may be built to a height not to exceed the height of the existing building. 2. Offices: Fifty (50) feet maximum. Residential: Thirty-five (35) feet maximum. 4. Accessory: Thirty-five (35) feet maximum. K-. G Landscaping: 1. Minimum twenty-five (25) percent overall site requirement. 2. Twenty-five-foot landscape buffer required along property lines adjacent to residential zoned property. 3. Unless otherwise specifically provided for on the approved plan, all landscaping shall meet the requirements set forth in section 26-502. Section 6. Section. 26-306.5 of the Wheat Ridge Code of Laws (Planned Mixed Use District (PMUD) regulations) are hereby amended as follows: E. Height. Maximum fifty (50) feet for freestanding commercial buildings only; thirty-five (35) feet for structures containing commercial and residential uses; thirty-five (35) feet for freestanding residential structures. F. Lot Gq;'Gragg No m1axivAllmn Fir F. Density. Maximum of sixteen (16) units per acre. Land used for commercial uses, iRG!uding excluding parking, may not be used to calculate the maximum of sixteen (16) units per acre. If the commercial and residential uses are mixed in the same building, the land attributable to the commercial use shall be considered to be one-half (1/2) of the building footprint. If the commercial and residential uses are in separate buildings, the land attributable to the commercial use shall be considered to be the entire commercial building footprint. 301--. Allowances may be made for shared parking spaces if it can be demonstrated to the satisfaction of the person or approval body designated as having final approval authority that parking demand for different uses occurs at different times. Section 7. Section 26-308. of the Wheat Ridge Code of Laws (Application for planned developments) is hereby amended as follows: B. Subdivision/platting. Subdivision or plat review may be carried out simultaneously with the review of development plans. All requirements of the subdivision regulations for a xa 4 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 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 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 development. Submittal requirements. a. Appropriate fee. Evidence that the required neighborhood 00#al meeting has occurred (see section 26-109). 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. The drawings may be in general schematic form and shall contain the following minimum information: r. Project data for the entire site and including, by phase, building area and percent, paved area and percent, landscape area and percent, number of lots, t3g3rsal mrn►mum lot sizes and dimensions, net density, gross density, etc. S. Development time schedule by phase. t. Required certifications. 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: PLANNING COMMISSION CERTIFICATION Chairperson 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 a proposed development. 2. Form and content of the final development plan. The final development plan shall be consistent with the approved outlnie devel'opmerif 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: h. Total number of dwelling units., residential 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 (ate plat) 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 PLANNING COMMISSION CERTIFICATION 10. 4. Review procedures: 53 Expiration offinahdevelopmentplan approvals, reapphcationsr 11 Section 8. Section. 26-311. of the Wheat Ridge Code of Laws (Amendments to development plans) is hereby amended as follows. B. Based upon showing of necessity therefore, minor changes in the locations of structures and their accessory uses, fences, parking areas, landscaping and other site improvements may be permitted as an "administrative amendment" by the communi0 development director e€ if such changes will not cause any of the following circumstances to occur: 7. 8. or rPlAgAfiAn Relocation of landscape areas which are required as buffer yards or establish project character. 9. Increase in the gross floor area of structures b more than 10% beyond the authorized maximum allowed with the approved planned development. C. Any changes or revisions of a final development plan which are approved, either administratively or by city council action, must be recorded with the Jefferson County subJecttofth Recorder as amendments to the original recorded development plan deadline provisions of-Section 26 308D 4 dy 12 Section 9. Sec. 26-312.of the Wheat Ridge Code of Laws (Interim use) is hereby amended as follows: Subsequent to rezoning to a Planned Development District and approval of a final development plan, but prior to development and use of a parcel in accordance with the approved plan, the property may continue to be used for any lawful purpose for which it was used at the time of prelimin ontlinedevelopnient plan approval; provided however, that no new permanent structures or additions to existing structures will be permitted. Section 10. Safety Clause. The City of Wheat Ridge 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 rations relation to the proper legislative object sought to be attained. Section 11. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 12. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 13. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to in this day of , 2003, 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 2003, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29` Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 12003. SIGNED by the Mayor on this day of 2003. GRETCHEN CERVENY, MAYOR 13 ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1sT publication: 2nd publication: Wheat Ridge Transcript Effective Date: 14 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 September 4, 2003, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29m Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: Case No. ZOA-03-13: An ordinance amending Section 26-110 of the Wheat Ridge Code of Laws concerning cost recovery for construction of certain public improvements. 1--Case No. ZOA-03-14: An ordinance amending Article III of Chapter 26 of the Wheat Ridge Code of Laws pertaining to planned developments. Case No. ZOA-03-15: An ordinance amending Section 26-106 of the Wheat Ridge Code of Laws concerning the review process chart. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To Be Published: Wheat Ridge Transcript Date: August 28, 2003 City of Wheat Ridge of WHEgTP Community Development Department ° ~o~oRpoo Memorandum (4 TO: ~A,,~l n, Mary, Travis, and Mike FROM: !~1Vleredith SUBJECT: Code Changes DATE: August 19, 2003 Attached for your review are proposed changes to Section 26-106 (process chart) and Section 26-301 (planned developments). The planned development changes were done in our typical format (strikeouts and holding). The process chart was harder to work with so attached is the existing chart for comparison. PLANNED DEVELOPMENT CHANGES: V/Process chart (Section 26-106) - break out outline and final plan processes plus amendments to both. Other - remove neighborhood meeting requirement from all subdivision processes, special uses as administrative with CC appeal, Class II floodplain to BOA (not URA), add ROW vacations Ve-lExpiration of development approval; reapplications (Section 26-107) - Expiration of outline and final development plan approvals from one year to three years • Section 26-306 - add "independent living units" as an allowed use • Section 26-306. G. - In PHD districts, amend residential allowance from 21 units per acre to 16 •Change appeal body for "similar uses" from BOA to CC - vzn V\_4 w/Amend "Scope and Application" to reference PMUD 0 • Section 26-308.C.2. - Eliminate surveyor's certificate from outline plan requirements • Section 26-308.C.5. - Zone change process and outline development plan process are inconsistent. For zone change, denial from PC is final unless appeal is filed. ODP process allows automatic forwarding of recommendation (including denial) to City Council %wSection 26-308.C.6 - Mylar submittal deadline from 30 days to at least 60 days • Section 26-308.D.2.h. -Eliminate floor plans from required submittals for final plan • Section 26-311.B.- Administrative amendment criteria • Time limit for inactive projects - 60 days • Alan - elimination of standards y n (1 j' 10Q-aL-,L- F MISCELLANEOUS • Section 26-302 - replace "preliminary" with "outline" • Section 26-308 -replace "preliminary" with "outline" • Section 26-308.D.2. - ditto • Section 36-312 - ditto fib ARTICLE III. PLANNED DEVELOPMENT DISTRICT REGULATIONS City of Wheat Ridge Community Development 7500 W. 29- Ave. Wheat Ridge, CO 80033 303-235-2846 www.ci.wheatridge.co.us h 1 ~h Y Sec. 26, 301.: Scope andxappllication. F;. A. There is hereby created a Planned Development District to furt her promote the public health, safety and general welfare by permitting greater flexibility and innovation in land development based upon a comprehensive, integrated plan. For the purpose of ensuring maximum flexibility of this district, the district is divided into the following subdistrict designations, based on the primary land use of a proposed development plan or portion thereof: 1. Planned Residential Development-PRD. 2. Planned Commercial Development--PCD. 3. Planned Industrial Development-PID. 4. Planned Hospital Development-PHD. By creating the above subdistricts, the city council recognizes that these subdistricts may exist singly or in combination within any approved planned development. B. On and after the effective date of this chapter as set forth in section 26-1003, all applications for private rezoning under section 26-112 for properties in excess of one (1) acre (for rezoning to residential or industrial zones), and all applications for private rezoning to any commercial district shall be required to request rezoning to one (1) of the listed planned development subdistricts. The procedure for review of any planned development application shall be that for private rezoning at section 26-112. A Planned Development District may be approved for any single use or any combination of uses; provided, that the intent and purposes of this section are met, and that the general health, safety and welfare of the community are advanced through its approval. This section shall apply to: 1. Any new application for a rezoning to a Planned Development District. 2. Any application for amendment to an existing planned development subdistrict. C. The intent of the Planned Development District is to permit the establishment of well-designed, innovative developments which may not be permitted by a standard zone district, however, which may be permitted through the use of an approved development plan by assuring greater control and specificity of intended development character, use, operations and maintenance, while at the same time allowing flexibility and diversity. This district recognizes the great variety of land use intensities, densities, and environmental and land use interfaces which are possible. The general purposes of this section are as follows: 1. To accomplish compatible development with adjacent commercial, residential and/or industrial land uses through proper land use transitions and buffering techniques. 2. To promote flexibility in design and permit diversification in the location of structures. 3. To promote the efficient use of land to facilitate a more economic arrangement of building, circulation systems, land use and utilities. 4. To preserve, to the greatest extent possible, the existing landscape features and to minimize impacts on other natural features of the site. 5. To provide for more usable space through the combination and grouping of structures, parking, loading and storage areas. 6. To combine and coordinate architectural styles, building forms and building relationships within the planned developments. 7. To minimize traffic congestion on public streets, control street access, and to provide for well- designed interior circulation. 8. To ensure that adequate public utilities and facilities are available within the area, to serve the specific development. 9. To promote conformance with the adopted comprehensive plan, established policies and guidelines for the area and for the community. 10. To promote handicapped accessibility. (Ord. No. 2001-1215, § 1, 2-26-01) VO' Sec. 26-302. General regulations. 0 u A. Each Planned Development District establishes its orrthisin t of permitted uses, as well as development standards and requirements, and such are specifically set f the development plan and reviewed by the planning commission and approved by city council at preiia;aaiy and final plan stages. Approval of the outline development plan shall not be construed to be approval of a final development except in respect to general concept. B. In reviewing a specific request to establish a Planned Development District or amendment to an existing one, the planning commission and city council shall consider standards for similar uses in other Wheat Ridge zone districts, unless otherwise specifically provided herein. Requirements for setback, lot coverage, height, density, area, buffering, landscaping, signage, etc., may be more or less restrictive than such requirements in similar zone districts, based upon findings of the planning commission and city council which consider a combination of factors, including, but not limited to, type and intensity of uses proposed, size and shape of parcel, location, adjacent uses and the adequacy of public facilities. While the city council recognizes that planned developments may vary certain design and other requirements, the planned development process may not be used to circumvent the intent and spirit of the protections afforded by this chapter. (Ord. No. 2001-1215, § 1, 2-26-01) Sec. 26-303. Planned `R'esidential Developments (PRD)-regulations. A. Area: No minimum. B. Density: Maximum sixteen (16) dwelling units per acre. C. Height: Maximum thirty-five (35) feet. D. Lot coverage: ee section 26-123 for definition.) CE. Landscaping: (See section 26-502.) F. Parking: Based upon specific uses. (See section 26-501.) G. Fences and walls: As specifically detailed on an approved final development plan, otherwise follow requirements of section 26-603. H. Signage: As specifically detailed on and approved on final development plan, otherwise follow requirements of article VII. d I. Commercial use conditions: . P d , 1. Commercial uses shall be allowed only where specifically approved in a final development plan. v , 3 ,y 2. Commercial uses, including all associated land used for building space; parking and landscaping, shall not exceed twenty-five (25) percent of the gross area included within a particular Planned Residential Development District. 3. Land used for commercial uses including parking, ingress, egress, and landscaping, shall be Q calculated separately and may not be included in the land area used to calculate the maximum of sixteen (16) residential units per acre. If uses are combined in a structure, the land attributable to the commercial use shall be considered to be the building square footage occupied by commercial uses, the required parking, and a proportionate share of the common areas, such as ingress-egress, landscaping, roadways, etc. J. The requirements of this section shall not apply to impose a density requirement of less than twenty-one (21) units per acre, with respect to the reconstruction of residential dwelling in the PRD district, where such structures and their reconstruction meet all of the following requirements: 1. The structure was legally in existence on September 8, 1997; 2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction; and 3. Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: 1. New construction where no replacement of a preexisting structure takes place; or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). K. All planned residential developments shall meet the residential site design standards of article V. L. A planned residential development shall be required for any mobile home park and must meet the standards for mobile home park design in section 26-506. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1241, § 1, 1-28-02) Sec. 26-304. Planned Commercial Developments (PCD);regulations. A. Area: No minimum. B. Height: Commercial structures shall not exceed fifty (50) feet; residential structures shall not exceed thirty- five (35) feet; residential uses located within a commercial structure shall not be permitted above thirty-five (35) feet. C. (See section 26-123 for definition.) D. Landscaping: t. (See section 26-502.) E. Parking: Based upon specific uses. (See section 26-501.) F. Fences and walls: As specifically detailed on approved final development plan, otherwise follow requirements of section 26-603. G. Signage: As specifically detailed on an approved final development plan, otherwise follow requirements of article VII. H. Residential use conditions: 1. Residential uses shall not exceed thirty-five (35) feet in height. 2. Residential uses, including associated parking, land used for buildings, landscaping, etc., shall not exceed fifty (50) percent of the gross area included within a particular Planned Commercial Development District. 3. Where residential uses are part of a planned commercial development, the land used for commercial uses including parking, ingress, egress and landscaping, shall be calculated separately, and may not be included in the land area used to calculate the maximum of sixteen (16) units per acre. If the commercial and residential uses are mixed in the same building or for other reasons cannot be clearly separated from the residential area, the land attributable to the commercial use shall be considered to be the building square footage occupied by commercial uses, the required parking, and a proportionate share of the common areas, such as ingress/egress, landscaping roadways, etc. 1. A Planned Commercial District shall be used to establish any proposed recreational vehicle park. (Ord. No. 2001-1215, § 1, 2-26-01) ~j Sec. 26-305. Planril:d 1rfdNstrial Development,(PID) regulations. ; A. Area: Each Planned Industrial Development District shall be minimum of one (1) acre. B. Height: Maximum fifty (50) feet C. e' Maximo ghty (99) ^ . (See section 26-123 for definition.) D. Landscaping: aim h ,^^b• (29) percent. (See section 26-502.) E. Parking: Based upon specific uses. (See section 26-501.) F. Fences and walls: As specifically detailed on approved final development plan, otherwise follow requirements of section 26-603. G. Signage: As specifically detailed on approved final development plan, otherwise follow requirements of article VII. H. All planned industrial developments shall meet the industrial performance standards set forth in section 26- 505. (Ord. No. 2001-1215, § 1, 2-26-01) r lY' U° f U k a Sec 226- anned Hospital. District (PHD) regulations. A. Allowable uses. The following uses hereinafter listed shall be perm(Ilyy nly as specifically designated on the approved final development plan: 1. Public and private general hospital. 2. Hospitals or sanitariums for contagious diseases, or the men stur bed or handicapped. 3. Homes for the aged, nursing homes, congregate care homes, hospices or similar residential facilities which are accessory to a hospital or sanitarium principal use. 4. Accessory uses and structures customarily associated with the permitted uses as shown on the approved final development plan. B. Area. Each Planned Hospital District shall be a minimum of five (5) acres, except as provided below. C. Lot width. Two hundred (200) feet minimum.( rl D. Setback requirements. 5 1. Front: Fifty (50) feet minimum. ( p 2. Side: Twenty-five (25) feet minimum plus ten (10) feet for each story.` intent is to provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned prop Y. 3. Rear. Twenty-five (25) feet minimum, plus ten (10) feet for each story. The intent is to provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property. E. Height: 1. Hospital buildings: Fifty (50) feet maximum, except as follows: a. Sixty-five (65) feet where the lot on which the building is to be constructed is at least fifty (50) acres in size. b. Additions attached to existing hospitals may be built to a height not to exceed the height of the existing building. 2. Offices: Fifty (50) feet maximum. 3. Residential: Thirty-five (35) feet maximum. 4. Accessory. Thirty-five (35) feet maximum. F. G. Residential den tial development, excluding nursing homes or intermediate nursing care facilities, shall excee enty-one (21) welling unit per acre. S l ) ? H. Landscaping: 1. Minimum twenty-five (25) percent overall site requirement. 2. Twenty-five-foot landscape buffer required along property lines adjacent to residential zoned property. 3. Unless otherwise specifically provided for on the approved plan, all landscaping shall meet the requirements set forth in section 26-502. 1. Parking. Based upon specific uses. (See section 26-501.) J. Fences and walls. As specifically detailed on an approved final development plan, otherwise follow requirements of section 26-603. K. Signage. As specifically detailed on an approved final development plan, otherwise follow requirements of article VII. (Ord. No. 2001-1215, § 1, 2-26-01) Sec. 26-306.5. Planned Mixed Use District. A. Applicability. This zone district shall be used only in the mixed use areas shown on the Streetscape Classification Map in the Streetscape and Architectural Design Manual adopted January 11, 2002, as amended. B. Purpose. This district is established to provide a zoning classification to allow the integration of residential and commercial uses and development which is consistent with the surrounding neighborhoods and which meets the intent of the comprehensive plan and the Streetscape and Architectural Design Manual. It is not intended to be used solely to permit a higher density than allowed in the planned residential development (PRD) district nor to circumvent other specific standards of the planned residential and planned commercial districts. Instead, it is intended to create a zone district which will allow flexibility in use, design, and orientation while maximizing space, community interest and protecting nearby and adjacent residential neighborhoods. C. Permitted uses. Permitted uses shall be a mixture of residential and commercial uses governed by approval of the outline development plan. D. Area. No minimum. E. Height. Maximum fifty (50) feet for freestanding commercial buildings only; thirty-five (35) feet for structures containing commercial and residential uses; thirty-five (35) feet for freestanding residential structures. F. Lot coverage. No maximum. G. Density. Maximum of sixteen (16) units per acre. Land used for commercial uses, including parking, may not be used to calculate the maximum of sixteen (16) units per acre. If the commercial and residential uses are mixed in the same building, the land attributable to the commercial use shall be considered to be one-half ( 1/2) of the building footprint. If the commercial and residential uses are in separate buildings, the land attributable to the commercial use shall be considered to be the entire commercial building footprint. H. Landscaping. No minimum coverage. Landscaping shall be consistent with section 26-502. 1. Parking. Based upon specific use. Parking shall be consistent with section 25-501. Allowances may be made for shared parking spaces if it can be demonstrated to the satisfaction of the person or approval body designated as having final approval authority that parking demand for different uses occurs at different times. J. Fences and walls. As specifically detailed on the approved final development plan; otherwise follow requirements of section 26-603. K. Signage. As specifically detailed on the approved final development plan; otherwise follow requirements of article VII. (Ord. No. 1239, § 1, 1-14-02) Sec. 26-307. Similar uses in.planned developments. A. Definition. A similar use is a use which would be similar in size, type of operation, services provided or equipment used, number of employees, and hours of operation and which would: 1. Be compatible in character and impact with permitted uses in the planned development, 2. Be consistent with the intent of the planned development, 3. Not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, and 4. Not be hazardous to the health and safety of surrounding areas through danger of fire or explosion. B. Similar use determination process. Any use which is not specifically listed as a permitted use in a planned development district is allowed only under the following procedure: 1. The planning and development director shall. notify adjacent property owners by letter notice and posting of the site for ten (10) days that a similar use is requested for the property. The notice and posting shall contain a description of the proposed similar use and a copy of Ordinance 1200, series 2000. 2. If no written objection to the proposed similar use is received and the planning and development director finds that the proposed similar use meets the definition of similar use contained in section (a) above, the planning and development director is authorized to approve the similar use. 3. If a written objection is received or if the planning and development director finds that the definition of similar use does not a I lanning and development director shall forward the determination request to th oard o adjustment t a public hearing. Notice of said hearing shall be as provided in section 26-10 . C. Recordation. If approved, th imilar use shall be recorded on the final development plan in the same manner as the original final developm t plan was recorded. (Ord. No. 2001-1215, § 1, 2-26-01) e r "l LO u„rt. cc.-Q 46 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 planning and development prior to issuance of a building permit. In some instances, platting is required and the plat can be processed concurrently with the 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: a outline development plan and a final development plan. The outline development plan may be submitted for consideration by itself or it may be combined with a final development plan. When the outline development plan is combined with final plans, two (2) separate drawings are required. 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 development plans. All requirements of the subdivision regulations for final plat,.-ifs applieaWe, 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 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 a 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. Submittal requirements. a. Appropriate fee. b. Evidence that the required neighborhood referral meeting has occurred (see section 26-109). c. Complete and notarized application. d. Proof of ownership, such as copies of deeds or title commitment. e. Power of attorney from owner(s) where an agent acts on behalf of the owner(s). f. Names and addresses of all adjacent property owners, including property across abutting streets. g. Names, addresses, telephone numbers of architects, surveyors, and engineers associated with the preparation of the plans. h. 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. The drawings may be in general schematic form 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 26-301C.; 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, 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. General indication of areas to be landscaped. 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. j. Approximate location and extent of major use areas. 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, building area and percent, paved area and percent, landscape area and percent, number of lots, typical lot sizes and dimensions, net density, gross density, etc. s. Development time schedule by phase. t. Required certifications. 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 Approved this day of by the Wheat Ridge Planning Commission. Chairman PLANNING AND 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. Review procedures: a. Staff review: Upon filing of an application and other required documents, planning and 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 z development plan, stating the reasons for its recommendation. The recommen ation shall be forwarded to city council. NA ~(pryyr Q C. City council hearing. The city council sha~ublio hear ng pursu nt to public notice as required by section 26-109. The city council shall approve, approve with modifications or deny the application. 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 planning and development department within thirty (39j-days of council's final action. Should a recordable approved outline development plan not be rovided to staff within thirty M days of council's final action, staff shall schedule a public hear! city council and city uncil shall reconsider its approval. before GO 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 a proposed development. 1. Submittal requirements a. Complete and notarized application. b. Proof of ownership, such as copies of deeds or title commitment. c. Power of attorney from owner(s) where an agent acts on behalf of the owner(s). d. Names and addresses of all adjacent property owners, including property across abutting streets. e. Names, addresses and telephone numbers of architects and engineers associated with preparation of the plans and plat. f. 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. g. Additional information may be required, including, but not limited to, geological stability report, traffic impact report, floodplain impact report or general environmental impact report. 2. Form and content of /an. The final development plan (shall be consistent with the appr preliminary plan. final development plan shall be drawn at a scale of no less than one poo-one 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. Location, extent, type and surfacing materials or all proposed walks, malls, paved areas, turfing and other areas not be covered by buildings or structures. C. Location, size, type, height and orientation of all signs. Signs not specifically approved as part of a final development plan shall not be permitted. d. A landscape plan which provides location, type, size and quantities 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 and type of irrigation system shall be indicated. All landscaping shall meet the requirements of this section as well as section 26-502. e. Location, extent, types of materials and height of all walls and fences. f. Exterior lighting devices; type, height, location and orientation. g. Location, extent, maximum height, number of floors and total floor area of all buildings and structures. 1l h. Total number of dwelling units and typical floor plans for residential projects' rpm h" i. Elevations and perspective drawings of all proposed structures and improvements, indicating architectural style and building materials. The drawings need not be the result of final architectural design but of sufficient detail to permit evaluation of the proposed structures. j. Off-street parking and loading plan which indicates the size, location and number of 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 approximate date on which construction of the project can be expected to begin and approximate dates when construction will be completed. 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 (and plat) 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 PLANNING COMMISSION CERTIFICATION Approved this day of by the Wheat Ridge Planning Commission. Chairman PLANNING AND DEVELOPMENT DIRECTOR CITY COUNCIL CERTIFICATION Approved this day of by the Wheat Ridge City Council. ATTEST: City Clerk Sec. 26-309. Interpretation of standards. A. Detailed specifications and standards which should have been set forth on an approved final development plan, but which were found subsequent to approval to have been omitted, may be interpreted by the director of planning and development 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 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 planning and 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. (Ord. No. 2001-1215, § 1, 2-26-01) 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. (Ord. No. 2001-1215, § 1, 2-26-01) Sec. 26-311. Amendments to development plans.;; A. The procedures and requirements for amending an approved development plan (preliminary or final) shall be the same as prescribed for original approval, except as provided for under subsection (b) below. All applications for amendment 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. B. Based upon showing of necessity therefore, minor changes in the locations of structures and their accessory uses, fences, parking areas, landscaping and other site improvements may be permitted as an "administrative amendment" by the director of planning and development, if such changes will not cause any of the following circumstances to occur: 1. Change in the character of the development( oe 2. Increase in the intensity (or density) of use o v vj o.pp ✓ a v~ t*~* 44ov, 1o~e+ar 3. Increase of the problems of circulation, safety and utilities, Ur 4. Increase of the external effects on the adjacent properties. 5. Increase in maximum building height. 6. Reduction in the originally approved setbacks from perimeter property lines. 7. Reduction in landscape area of total site, or relocation of landscape areas which are required as buffer yards or establish project character. 8. Increase in the gross floor area of structures beyond the authorized maximum allowed with the approved planned development. C. Any changes or revisions of a 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. (Ord. No. 2001-1215, § 1, 2-26-01) _ I a, ,A ~ c(.e d~~~ 4-0 !1 Ill d Q Sec. 26-312. Interim use. 6 Subsequent to rezoning to a Planned Development District and a royal of a final development plan, but prior to development and use of a parcel in accordance with the approv plan, the property may continue to be used for any lawful purpose for which it was used at the time of pca4aaLa plan approval; provided, however, that no new permanent structures or additions to existing structures will be permitted. (Ord. No. 2001-1215, § 1, 2-26-01) Secs. 26-313--26-400. Reserved. Case No.: OA0314 Quarter Section Map N o.: App: Last Name: Pity Related Cases: App: First N ame: I Case Histor y: mend code regarding Planned Developments Owns r: Last Name: I Owner: First Nam e: - - App Addre ss: Review Body: PC - 914/03_ City, State Z ip: App: Pho ne: I APN: Owner Address: 2nd Revie wBody: CC City/St ate/Zip: 2nd Review Date I Owner Phone: Deci=sion-making Body ICC Project Address: 1 Approval/Denial Date: Street Name : r City/State, Zip: ! Reso/Ordinance No.: rrr Case Disposition: Conditions of Approval: District: Project Planner: Reckert File Lo cation: ctive Date Rec eived: /19/2003 Not es: ~ Pre-App Date: Follow - Up: