HomeMy WebLinkAboutZOA-02-03INTRODUCED BY COUNCIL MEMBER DiTullio
Council Bill No. 15-90 o 2
Ordinance No. 1251
Series of 2002
TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF
AMENDMENTS TO ARTICLE I, ARTICLE III AND
ARTICLE IV OF CHAPTER 26 OF THE CODE OF LAWS OF
THE CITY OF'WHEAT RIDGE; COLORADO
WHEREAS, pursuant to Colorado Revised Statutes of Section 23-23-301, the City
possesses the power to regulate and restrict the use of land within the City for the purpose of promoting
the health, safety, morals or general welfare of the community; and
WHEREAS, the City has regulations pertaining to Planned Development Districts and
Subdivision of property, processes which require overlapping and duplicate information; and,
WHEREAS, the City has identified a need to simplify land use processes and eliminate
redundant information..
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Article I, Article III and Article IV of Chapter 26 of the Wheat Ridge Code of
Laws are hereby amended as follows:
ARTICLE I DEVELOPMENT REVIEW
Sec. 26-106 Review process chart.
Pre-Application
PreminaFV'
Final
A roval Re nested
Outline
Notes
Staff
Neighborhood
PC
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Staff
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BOA
Major Subdivision
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§ 26-404.C
ARTICLE III PLANNED DEVELOPMENT DISTRICT REGULATIONS
In each instance where the term "preliminary development elan" is used, it shall be deleted and replaced
with the term "outline development plan".
Section 26-308 Application for Planned Developments
(B) All requirements of the subdivision regulations for a prelimin~ aad 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.
(C) 1 Submittal requirements.
d:{}) a Appropriate fee.
4{2) b Evidence that the required neighborhood referral meeting has occurred (see
section 26-109).
47(3) c Complete and notarized application.
4.(4j d Proof of ownership, such as copies of deeds or title commitment.
d (3) e Power of attorney from owner(s) where an agent acts on behalf of the owner(s).
d.-(6) f Names and addresses of all adjacent property owners, including property across abutting
streets.
4:H g Names, addresses, telephone numbers of architects, surveyors, and engineers
associated with the preparation of the plans.
e- h Additional information maybe required, including, but not limited to, drainage study and
plan, grading plan, geological stability report, traffic impact report, flood plain impact
report, or general environmental impact report.
it 2 Form and content of the outline development plan. The maps which are a part of theme
outline development plan shall be made at a scale of not less than 1" =100'. The size of the
sheet shall be 24" x 36". The drawings may be in general schematic form and shall contain the
following minimum information:
(}j 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.
(4) b Character of development. A written description of the general character of the
development and of the objectives to be achieved by the particular development concept
being proposed. This statement shall include, but not be limited to, the manner in which
the proposed development meets or exceeds the intent of the Planned Development
District as stipulated in section 26-301(C); the proposed architectural and site design
concepts, building materials (type, textures and colors); specific concepts by which the
proposed development will make an orderly transition from existing adjacent development,
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.
(3) c The existing topographic character of the land at a contour interval ofmot-4 er two feet
if the slope is less than ten percent (10%) and five (5) feet if the slope is greater
than ten percent (10%).
(4) d General indication of areas to be landscaped.
(3) e,_ Property boundaries as per accompanying legal description.
(fij f Existing and proposed lot lines, easements and rights-of-way on and adjacent to the site.
(7) g Adjacent zoning, land use, streets, streams, etc.
(8j h Location of all existing a$d-prepesed streets, alleys, easements, drainage areas,
irrigation ditches and laterals within and adjacent to the site. and iagressfegress
peints.
i Location of all proposed streets, alleys, easements, drainage areas, parks, and
other areas to be reserved or dedicated to public use.
(9) j Approximate location and extent of major use areas.
(10) 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 flood plain, 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 flood plains, including fill or
excavation, is regulated by Article VM.
(ii) m Scale (no less than one inch equals one hundred (100) feet) and north arrow.
fR) n Small-scale location map as an inset which shows the subject property centered within a
quarter-mile radius.
6-3) o Proposed name of the planned development.
(14) p A general indication of the expected utilization of the land and a list of uses to be
permitted in the development.
(iS) q Legal description (metes and bounds) of total site, including area.
(i6) 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.
fl-7j s Development time schedule by phase.
(i8) t Required certifications.
ARTICLE IV SUBDIVISION REGULATIONS
In each instance where the term "preliminary nlan" is used, it. shall be deleted and replaced with the term
"final plat". (Unless otherwise noted herein)
Section 26-403 Definitions the ehameter aft4 proposed layout of
a
traet with all the neeessary infbrmoieit required by these regttlatiem before deteti4ed engineering -nd
design eeetirs but with enatigh detftil ta evt4ttafe the eanfbrmity of the plat with the Gamprehensive Plan
Section 26-404 Types of Subdivisions; required procedures.
(C): Major Subdivision. A major subdivision shall be processed in accordance with the
and final plat approval procedures. All submittal requirements of the preliminary plan. and final plats shall
be met. See sections -26-496 acrd 26-407.
Sec. 26-406 Prelitninar-f plan. Reserved
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Section 26-407 Final Plat.
A General.
21 The final plat may reflect the entire prelirn~a* outline development plan area,
if applicable, or any logical part thereof
a
a q1e submission to the departmeftt of thsn twelve (12) mort4ts &Aer appreval afthe prelir~ piantrAess written request
is made for m extension eftw4ve E12) menths aftd is approved by the planning
B Processing of the Final Plat.
1 The final plat shall conform to the approved outline development gre}rainary
plan, if applicable, and shall include all changes as required by the city council
Pia. The final plat shall be referred to outside agencies forreview,
as applicable.
Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this
ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the
preservation of health and safety and for the protection of public convenience and welfare. The City
Council further determines that the ordinance bears a rational relation to the proper legislative object
sought to be attained.
. Section 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, requirement 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 herein shall supersede and prevail.
Section 5. This ordinance shall take effect upon adoption.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of $ to 0 on
this 13t1day of May. 2002, 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
June 10, , 2002, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of
8 to 0 , this 10thday of June 2002.
SIGNED by the Mayor on this 1
AGLf- Wanda S
ang, City Clerk
APPRO AS TO FORM BY CITY ORNEY
GE DAHL, CITY ATTO
1 st Publication: May 16, 2002
2nd Publication: June 13, 2062
Wheat Ridge Transcript
Effective Date: June 10, 2002
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
7500 West 291h Avenue, Wheat Ridge
June 10. 2002
The Regular City Council Meeting was called to order by Mayor Cerveny at 7 00 p m
Councilmembers present: Jerry DiTullio, Vance Edwards, Dean Gokey, Ralph Mancinelli,
David Schneider, Odarka Figlus, Lena Rotola, and Harry Hanley Also present: City
Clerk, Wanda Sang, City Manager, Randy Young, City Attorney, Gerald Dahl, Director of
Planning, Alan White, Director of Public Works, Bob Goebel, staff; and interested citizens
APPROVAL OF MINUTES OF May 13, 2002
Motion by Mr DiTullio for the approval of the Minutes of May 13, 2002, seconded by Mr
Gokey; carried 8-0
Mayor Cerveny announced that there are no fireworks allowed in Wheat Ridge
CITIZENS' RIGHT TO SPEAK
There was no one present to speak.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1. Council Bill 15-2002 - An Ordinance providing for the approval of
IF amendments to Article I, Article III, and Article IV of Chapter 26 of the Code
of Laws of the City of Wheat Ridge, Colorado
(Case No. ZOA-02-03)
Council Bill 15-2002 was introduced on second reading by Mr DiTullio, who also read the
title Clerk read summary and background and assigned Ordinance No 1251
Planning Director, Alan White, presented the staff report.
CITY COUNCIL MINUTES June 10, 2002 Page - 2 -
Motion by Mr DiTullio for the approval of Council Bill 15-2002 (Ordinance 1251) , Case
I` No ZOA-02-03, and that it take effect immediately upon adoption, seconded by Mr
L- Schneider; carried 8-0
Item 2. Application by Albert Holland for approval of a 2-lot minor subdivision plat
with dedication and a lot width variance for the purpose of building a two-
family structure on property located at 3114 Teller Street, zoned Residential-
Two (R-2)
(Case No MS-02-01)
Item 2 was introduced by Mr DiTullio, summary and background was read by the Clerk.
Albert Holland, applicant, was sworn in by the Mayor and asked for approval of his
application He explained that his lot frontage is 5 ft less than the 100 ft requirement, which
is why he is asking for the variance
Mary Austin, Planner for the City of Wheat Ridge, was sworn in by the Mayor and
presented the staff report and entered exhibits into the record
The following speakers were sworn in by the Mayor and spoke in opposition to the
variance
Nancy Cupples, 3130 Teller Street
Belle Haley, 3140 Teller Street
Tracy Rubey, 3075 Saulsbury Street
Eileen Wiseman, 3135 Saulsbury Street, did not receive notice of the hearings
Sharon Heinien, 3145 Saulsbury Street, concerned about the trash on the empty lot.
Their comments were that the integrity of the neighborhood needs to be maintained They
have no problem with a single family home, but oppose the variance for a two-family
structure
Motion by Mr DiTullio that Case No MS-02-01, a request for approval of a 2-lot minor
subdivision in a R-2 Zone District at 3114 Teller Street, be approved for the following
reasons
1 The minimum lot size requirements of the R-2 zoning district have been exceeded
2 All requirements of the City's Subdivision Regulations have been met.
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U m REQUEST FOR COUNCIL ACTION
c~GORA00
X PUBLIC BEARINGS _ ORDINANCES FOR 1ST READING
_ BIDS/MOTIONS X ORDINANCES FOR 2ND READING
RESOLUTIONS
Quasi-Judicial: X
Yes No
SUBJECT: Case No. ZOA 02-03, An Ordinance Amending Chapter 26 Dealing with Preliminary
Development Plans and Preliminary Subdivision Plans
SUMMARY AND BACKGROUND: After a year working with the new Chapter 26, Planning staff
critically evaluated the regulations and processes in place, specifically the Planned Development regulations and
the subdivision regulations. This evaluation resulted in a recommendation to keep the Planned Development
regulations intact, except to change the name of the first step in the process back to "outline development plan,"
and to eliminate the preliminary plan from the subdivision process. Where a rezoning to Planned Development
is requested, the information required by the preliminary subdivision plan is duplicative of the outline
development plan. This causes unnecessary preparation time by the applicant and unnecessary review time by
staff, Planning Commission, and City Council. The typical small size of subdivisions in the City also makes the
preliminary subdivision plan step unnecessary.
These proposed changes will eliminate confusion and streamline the review process, improving customer
service. Planning Commission recommended approval of this ordinance change at a public hearing on May 2,
2002.
1. Planning Commission Recommendation Form
Memo to City Council
Planning Commission Minutes
Council Bill No. 15-2002
STAFF RECOMMENDATION: Approval
BUDGETIMPACT:
Original budgeted amount: $0
Actual contracted amount: $0
Impact of expenditure on line item: $0
Budget Account No.: N/A
ORIGINATED BY: Planning and Development Department
STAFF RESPONSIBLE: Alan White, Planning and Development Director
SUGGESTED MOTION: "I move to approve Council Bill No. 15-2002, Case No. ZOA 02-03, on
second reading."
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C i t y o f W h e a t R i d g e
Recommendation(s) to Council
Date SL 2-OZ=
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Board ~j/ 7 31yN raym 91c-r'f01-1
Issue or Case # ZOO- 02 -03
RECOMMENDATION(S)/AMENDMENT(S) (if applicable, bullet form)
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COMMENTS
Page 2
Chairperson Staff Contact WA11c,
* Please return to~the City Manager's Office for distribution
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City of Wheat Ridge ~o
Planning and Development Department U m
Memorandum
TO: City Council
FROM: Alan White, Planning and Development Director
SUBJECT: Case No. ZOA-02-03/Preliminary Development Plans & Preliminary Subdivision Plans
DATE: May 3, 2002
During the past year of working with the revised Chapter 26, it has come to the attention of staff that
there is some unnecessary duplication of required information involving preliminarv documents for
planned developments and subdivisions. Attached is an ordinance amending Articles I, III, and IV of
the Code of Laws dealing with these preliminary documents.
In Article III, the ordinance amendment changes the name of "preliminary development plan" back to
"outline development plan". This change in name will help make it more clear for staff, the development
community, and elected and appointed officials that it is the initial step in the planned development
process which establishes the zoning and general concept plan. The ordinance also includes some minor
additions to the required content to make it a more complete document.
In Article IV, the process of preliminary subdivision plan is being removed. It has been shown to be a
needless step in the platting process and does not contain any information that is not required for a final
plat document. All of our requests for subdivision have involved a combined process for
preliminary/final plat. Additionally, the nature of subdivision in Wheat Ridge is smaller developments,
not large multi-phased projects.
Staff believes that the proposed amendment would result in an elimination of redundant information and
a reduction in review and processing time for staff as well as applicants.
6. PUBLIC FORUM
There was no one to appear before the Commission at this time.
PUBLIC HEARING
A. Case No. ZOA-02-02: An ordinance amending Section 26-603.2 of the Wheat Ridge
Code of Laws concerning sight distance triangle standards. .
Alan White stated that proper notice requirements concerning this hearing had been met. He
entered all pertinent documents into the record and informed the Commission they had
jurisdiction to hear the case.
The case was presented by Bob Goebel. The proposed ordinance follows safety guidelines set
forth by the American Association of State Highway and Transportation Officials Policy on
Geometric Design. He reviewed the staff report which recommended approval of the
ordinance.
In response to a question from Commissioner WEISZ, Mr. Goebel stated that he did not know
exactly how many intersections would be affected and it is planned to correct sight distance
triangles as staff becomes aware of them.
Commissioner SNOW expressed concern about liability for the city if each intersection in the
city is not evaluated. Mr. Goebel stated that there is not adequate staff time to evaluate each
intersection in the city.
In response to a question from Commissioner McMILLIN concerning the different heights of
vehicles on the road, Mr. Goebel stated that the standard height for a driver's eye is 42 inches.
There were no members of the public in attendance to address the ordinance.
It was moved by Commissioner PLUMMER and seconded by Commissioner SNOW that
Case No. ZOA-02-02, an ordinance amending Section 26-603.2 of the Wheat Ridge Code
of Laws concerning sight distance triangle standards be amended to add the following
words to Section 6: in accordance with the most current edition of the Policy on Geometric
Design of Highways and Streets, published by the American Association. of State Highway
and Transportation Officials (AASHTO) and forwarded to City Council with a
recommendation of approval. The motion passed unanimously.
A. Case No. ZOA-02-03: An ordinance amending Articles I, III and IV of the Wheat
XF Ridge Code of Laws concerning preliminary development plans and preliminary
subdivision plans.
This case was presented by Mary Austin. She reviewed the staff report which set forth a
recommendation of approval of the proposed ordinance which would result in an elimination of
redundant information and a reduction in review and processing time for applicants as well as
staff. Alan White entered all pertinent documents into the record and stated that proper
Planning Commission Page 2
May 2, 2002
notification procedures were followed. Therefore, the Commission had jurisdiction hear the
case.
In response to a question from Commissioner SNOW, Ms. Austin stated that the proposed
ordinance would not eliminate any information that is being required now and, in fact, more
information would be required from the developer at the Outline Development Plan stage.
Notification procedures would stay the same.
Commissioner COOPER asked for clarification of item K. Ms. Austin stated that language had
been included to allow consideration of vegetation or land use features adjacent to a proposed
development.
Alan White stated that this ordinance would not affect any of the options available to Planning
Commission when considering a case.
There were no members of the public in attendance to address the ordinance.
It was moved by Commissioner McNAMEE and seconded by Commissioner PLUMMER
to recommend approval of Case No. ZOA-02-03, an ordinance amending Articles I, III
and IV of the Wheat Ridge Code of Laws concerning preliminary development plans and
preliminary subdivision plans with one amendment to Article I - Development Review:
Section 26-102 be changed to Section 26-106.
It was moved by Commissioner SNOW and seconded by Commissioner McMillin to
amend the motion to provide that the preliminary plan be retained for any piece of
property that does not require rezoning to a planned development. The motion failed 5-3
with Commissioners COLLINS, COOPER, McNAMEE, PLUMMER and WITT voting
no.
A vote was taken on the original motion which passed by a vote of 8-0.
8. OLD BUSINESS
There was no old business to come before the Planning Commission.
9. NEW BUSINESS
A. Request for Legal Opinion - Commissioner SNOW requested a legal opinion from the
city attorney regarding the legality of Urban Renewal Authority executive sessions
under state law, the charter or other laws. Commissioner McMILLIN requested, in the
legal opinion, an answer to the question of when a preliminary development discussion
becomes a plan that should become public. There was a consensus of the Commission
to request a report from the city attorney regarding this matter.
10. COMMISSION REPORTS
There were no commission reports.
Planning Commission
May 2, 2002
INTRODUCED BY COUNCIL MEMBER
Council Bill No. _
Ordinance No. _
Series of 2002
TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF
AMENDMENTS TO ARTICLE I, ARTICLE HI AND
ARTICLE IV OF CHAPTER 26 OF THE CODE OF LAWS OF
THE CITY OF WHEAT RIDGE, COLORADO
WHEREAS, pursuant to Colorado Revised Statutes of Section 23-23-301, the City
possesses the power to regulate and restrict the use of land within the City for the purpose of promoting
the health, safety, morals or general welfare of the community; and
WHEREAS, the City has regulations pertaining to Planned Development Districts and
Subdivision of property, processes which require overlapping and duplicate information; and,
WHEREAS, the City has identified a need to simplify land use processes and eliminate
redundant information.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Article I, Article III and Article IV of Chapter 26 of the Wheat Ridge Code of
Laws are hereby amended as follows:
ARTICLE I DEVELOPMENT REVIEW
Sec. 26-102 Review process chart.
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Approval Requested
Pre-Application
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Outline
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Notes
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§ 26-404.C
ARTICLE HI PLANNED DEVELOPMENT DISTRICT REGULATIONS
In each instance where the term " relimi development plan" is used, it shall be deleted and replaced
with the term "outline development plan".
Section 26-308 Application for Planned Developments
(B) All requirements of the subdivision regulations for aprelifitintay 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.
(C) 1 Submittal requirements.
d-H a Appropriate fee.
d{2) b Evidence that the required neighborhood referral meeting has occurred (see
section 26-109).
4{3) c Complete and notarized application.
4{4) d Proof of ownership, such as copies of deeds or title commitment.
d{3) e Power of attorney from owner(s) where an agent acts on behalf of the owner(s).
d{6) f Names and addresses of all adjacent property owners, including property across abutting
streets.
d-.H g Names, addresses, telephone numbers of architects, surveyors, and engineers
associated with the preparation of the plans.
e- It Additional information may be required, including, but not limited to, drainage study and
plan, grading plan, geological stability report, traffic impact report, flood plain impact
report, or general environmental impact report.
a 2 Form and content of the outline development plan. The maps which are a part of theme
outline development plan shall be made at a scale of not less than 1" =100'. The size of the
sheet shall be 24" x 36". The drawings may be in general schematic form and shall contain the
following minimum information:
(iJ 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.
(21 b Character of development. A written description of the general character of the
development and of the objectives to be achieved by the particular development concept
being proposed. This statement shall include, but not be limited to, the manner in which
the proposed development meets or exceeds the intent of the Planned Development
District as stipulated in section 26-301(C); the proposed architectural and site design
concepts, building materials (type, textures and colors); specific concepts by which the
proposed development will make an orderly transition from existing adjacent development,
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.
(3) c The existing topographic character of the land at a contour interval of-neHarger two feet
if the slope is less than ten percent (10%) and five (5) feet if the slope is greater
than ten percent (10%).
(4) d General indication of areas to be landscaped.
(3) e Property boundaries as per accompanying legal description.
(6) f Existing and proposed lot lines, easements and rights-of-way on and adjacent to the site.
(4) g Adjacent zoning, land use, streets, streams, etc.
(8) It Location of all existing atcd proposed streets, alleys, easements, drainage areas,
~ss
irrigation ditches and laterals within and adjacent to the site.
penits.
i Location of all proposed streets, alleys, easements, drainage areas, parks, and
other areas to be reserved or dedicated to public use.
(9) j Approximate location and extent of major use areas.
(~O) 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 flood plain, 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 flood plains, including fill or
excavation, is regulated by Article VIII.
in Scale (no less than one inch equals one hundred (100) feet) and north arrow.
(14) 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.
04) p A general indication of the expected utilization of the land and a list of uses to be
permitted in the development.
(43 q Legal description (metes and bounds) of total site, including area.
f16) 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.
(17) s Development time schedule by phase.
t Required certifications.
ARTICLE IV SUBDIVISION REGULATIONS
In each instance where the term " relimp _ ina plan" is used, it shall be deleted and replaced with the term
"final plat". (Unless otherwise noted herein)
Section 26-403 Definitions
Nan, Preliminary: A map of a pfoposed land sub&vision showing t1te eltafaeter and pf'oposed iftyatit of
traet with a14 the J in~fmatian required by these regulations before detailed engineering and
desigti 6eettrs but with eitough detail to evaluate t4te eaftfomity of the plat with the G6mpreheitsiye Plan
Section 26-404 Types of Subdivisions; required procedures.
(C): Major Subdivision. A major subdivision shall be processed in accordance with the-prel4nin~
and final plat approval procedures. All submittal requirements of the prelim~ttfy plan and final plats shall
be met. See sections 26 406 and 26-407.
Sec. 26-406 Preliminary plan. Reserved
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Section 26-407 Final Plat.
A General.
plan, review of the fina4 plat may take plaee-.
-21 The final plat may reflect the entire prelintinafy outline development plan area,
if applicable, or any logical part thereof.
3 The sti~hrnission to the department of platming and development afthe final plat or
than twelve (12) months after approval oft-h-- pfelim4tffy plan unless wi4ften request
B Processing of the Final Plat.
1 The final plat shall conform to the approved outline development pia
plan, if applicable, and shall include all changes as required by the city council
The final plat shall be referred to outside agencies for review,
as applicable.
Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this
ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the
preservation of health and safety and for the protection of public convenience and welfare. The City
Council farther determines that the ordinance bears a rational 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, requirement 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 herein shall supersede and prevail.
Section 5. This ordinance shall take effect 15 days after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on
this day of ,2002, 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
, 2002, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of
to , this day of 12002.
SIGNED by the Mayor on this day of 2002.
GRETCHEN CERVENY, MAYOR
ATTEST:
Wanda Sang, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
1st Publication:
2nd Publication:
Wheat Ridge Transcript
Effective Date:
OF WHEAT
a AGENDA ITEM
m REQUEST FOR COUNCIL ACTION May 13, 2002
CSC OR A~~
_ PUBLIC HEARINGS X ORDINANCES FOR 1ST READING
_ BIDS/MOTIONS _ ORDINANCES FOR 2ND READING
RESOLUTIONS
Quasi-Judicial: X
Yes No
SUBJECT: Case No. ZOA 02-03, An Ordinance Amending Chapter 26 Dealing with Preliminary
Development Plans and Preliminary Subdivision Plans
SUMMARY AND BACKGROUND: After a year working with the new Chapter 26, Planning staff
critically evaluated the regulations and processes in place, specifically the Planned Development regulations and
the subdivision regulations. This evaluation resulted in a recommendation to keep the Planned Development
regulations intact, except to change the name of the first step in the process back to "outline development plan,"
and to eliminate the preliminary plan from the subdivision process. Where a rezoning to Planned Development
is requested, the information required by the preliminary subdivision plan is duplicative of the outline
development plan. This causes unnecessary preparation time by the applicant and unnecessary review time by
staff, Planning Commission, and City Council. The typical small size of subdivisions in the City also makes the
preliminary subdivision plan step unnecessary.
These proposed changes will eliminate confusion and streamline the review process, improving customer
service. Planning Commission recommended approval of this ordinance change at a public hearing on May 2,
2002.
ATTACHMENTS: BUDGET IMPACT:
1. Council Bill No. IS - 2002. Original budgeted amount: $0
2. Memo to City Council Actual contracted amount: $0
Impact of expenditure on line item: $0
Budget Account No.: N/A
STAFF RECOMMENDATION: Approval
ORIGINATED BY: Planning and Development Department
STAFF RESPONSIBLE: Alan White, Planning and Development Director
SUGGESTED MOTION: "I move to approve Council Bill No. I S- 2002 , Case No. ZOA 02-
03, on first reading, ordered published, public hearing set for June 10,
2002 at 7:00 p.m. in the City Council Chambers, and if approved on
second reading, take effect 15 days after final publication."
C:NyFilesMPFiles\Projects=ning amendments\pre plans lst cc ac6on.wpd Moim VITU1110
ZHd 61vj,% ~
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 15-2002
Ordinance No.
Series of 2002
TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF
AMENDMENTS TO ARTICLE I, ARTICLE III AND
ARTICLE IV OF CHAPTER 26 OF THE CODE OF LAWS OF
THE CITY OF WHEAT RIDGE, COLORADO
WHEREAS, pursuant to Colorado Revised Statutes of Section 23-23-301, the City
possesses the power to regulate and restrict the use of land within the City for the purpose of promoting
the health, safety, morals or general welfare of the community; and
WHEREAS, the City has regulations pertaining to Planned Development Districts and
Subdivision of property, processes which require overlapping and duplicate information; and,
WHEREAS, the City has identified a need to simplify land use processes and eliminate
redundant information.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Article I, Article III and Article IV of Chapter 26 of the Wheat Ridge Code of
Laws are hereby amended as follows:
ARTICLE I DEVELOPMENT REVIEW
Sec. 26-106 Review process chart.
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§ 26~04.C
ARTICLE III PLANNED DEVELOPMENT DISTRICT REGULATIONS
In each instance where the term `Rreliminary development plan" is used, it shall be deleted and replaced
with the term "outline development plan".
Section 26-308 Application for Planned Developments
(B) All requirements of the subdivision regulations for a preliminary 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.
(C) 1 Submittal requirements.
d-H a Appropriate fee.
d-(2) b Evidence that the required neighborhood referral meeting has occurred (see
section 26-109).
d3j c Complete and notarized application.
4-(4) d Proof of ownership, such as copies of deeds or title commitment.
d{3) e Power of attorney from owner(s) where an agent acts on behalf of the owner(s).
d:{6) f Names and addresses of all adjacent property owners, including property across abutting
streets.
dam) g Names, addresses, telephone numbers of architects, surveyors, and engineers
associated with the preparation of the plans.
e- h Additional information may be required, including, but not limited to, drainage study and
plan, grading plan, geological stability report, traffic impact report, flood plain impact
report, or general environmental impact report.
a 2 Form and content of the outline development plan. The maps which are a part of theTreliminary
outline development plan shall be made at a scale of not less than 1" = 100'. The size of the
sheet shall be 24" x 36". 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.
(2) b Character of development. A written description of the general character of the
development and of the objectives to be achieved by the particular development concept
being proposed. This statement shall include, but not be. limited to, the manner in which
the proposed development meets or exceeds the intent of the Planned Development
District as stipulated in section 26-301(C); the proposed architectural and site design
concepts, building materials (type, textures and colors); specific concepts by which the
proposed development will make an orderly transition from existing adjacent development,
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.
(3) c The existing topographic character of the land at a contour interval ofii&H~ two feet
if the slope is less than ten percent (10%) and five (5) feet if the slope is greater
than ten percent (10%).
(4) d General indication of areas to be landscaped.
(5) e Property boundaries as per accompanying legal description.
(6) f Existing and proposed lot lines, easements and rights-of-way on and adjacent to the site.
(4) g Adjacent zoning, land use, streets, streams, etc.
(8) h Location of all existing and proposed- streets, alleys, easements, drainage areas,
irrigation ditches and laterals within and adjacent to the site. and itigress,legres
peitrts.
i Location of all proposed streets, alleys, easements, drainage areas, parks, and
other areas to be reserved or dedicated to public use.
(9) j Approximate location and extent of major use areas.
(4&) k Any significant vegetation or land use features within or adjacent to the site which
may influence development.
I When located within a regulated 100-year flood plain, 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 flood plains, including fill or
excavation, is regulated by Article VIII.
(+H m Scale (no less than one inch equals one hundred (100) feet) and north arrow.
(i-2) n Small-scale location map as an inset which shows the subject property centered within a
quarter-mile radius.
(~3) o Proposed name of the planned development.
(l 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.
(ICJ s Development time schedule by phase.
t Required certifications.
ARTICLE IV SUBDIVISION REGULATIONS
In each instance where the term "preliminary plan" is used, it shall be deleted and replaced with the term
"final plat". (Unless otherwise noted herein)
Section 26-403 Definitions
Platt, Preliminary! A Map Of ft PrOposed land subdivision showing the eltameter attfl proposed layout of
traet with all the neeessary infortnation required by these regulations before detailed erigineering and
design 0eettfs but With enattglt defftil to evaluate the eanflbrfflity of the p1m witit the Gamprehensive Plan.
Section 26-404 Types of Subdivisions; required procedures.
(C): Major Subdivision. A major subdivision shall be processed in accordance with the-preliminary-plan
and final plat approval procedures. All submittal requirements of the preliminftry plan and final plats shall
be met. See sections 26 406 and 26-407.
See. 26406 Preliminary platy. Reserved
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i 5 Proposed private and peblie ttfilify systent ineittfling water, sewer, telephone and street lighting andany atherseff iee w4tielt shall supply the
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2 Grading plan.
3 Addi
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e requ
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prejeets existing or eanternpiated adjaeetA to the area to be sabdivided in order to
upon the surmunding area
development of the subdivision;
Section 26-407 Final Plat.
A General.
plan, review 4the final plat may take .
-21 The final plat may reflect the entire prelintinary outline development plan area,
if applicable, or any logical part thereof.
3 q4te submission to the department of planning and develeptitent Ofthe final plat a
plats 4+e entire area ineluded within +e preliminM plan shall take plaee not inof e
than twelve (12) tnott+s after approval afthe prelitnittary p4an tinle8s written request
is rnade for an extension of twelve (12) tnon+s and is approved by Oie planning
B Processing of the Final Plat.
1 The final plat shall conform to the approved outline development preliminary
plan, if applicable, and shall include all changes as required by the city council
The final plat shall be referred to outside agencies for review,
as applicable.
Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this
ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the
preservation of health and safety and for the protection of public convenience and welfare. The City
Council further determines that the ordinance bears a rational relation to the proper legislative object
sought to be attained.
Section 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, requirement 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 herein shall supersede and prevail.
Section 5. This ordinance shall take effect 15 days after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on
this day of ,2002, 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
, 2002, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of
to , this day of 2002.
SIGNED by the Mayor on this day of 2002.
GRETCHEN CERVENY, MAYOR
ATTEST:
Wanda Sang, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
I st Publication:
2nd Publication:
Wheat Ridge Transcript
Effective Date:
f EA T
City of Wheat Ridge
Planning and Development Department COL ORN
Memorandum
TO: City Council
FROM: Alan White, Planning and Development Director
SUBJECT: Case No. ZOA-02-03/Preliminary Development Plans & Preliminary Subdivision Plans
DATE: May 3, 2002
During the past year of working with the revised Chapter 26, it has come to the attention of staff that
there is some unnecessary duplication of required information involving preliminary documents for
planned developments and subdivisions. Attached is an ordinance amending Articles I, III, and IV of
the Code of Laws dealing with these preliminary documents.
In Article III, the ordinance amendment changes the name of "preliminary development plan" back to
"outline development plan". This change in name will help make it more clear for staff, the development
community, and elected and appointed officials that it is the initial step in the planned development
process which establishes the zoning and general concept plan. The ordinance also includes some minor
additions to the required content to make it a more complete document.
In Article IV, the process of preliminary subdivision plan is being removed. It has been shown to be a
needless step in the platting process and does not contain any information that is not required for a final
plat document. All of our requests for subdivision have involved a combined process for
preliminary/final plat. Additionally, the nature of subdivision in Wheat Ridge is smaller developments,
not large multi-phased projects. .
Staff believes that the proposed amendment would result in an elimination of redundant information and
a reduction in review and processing time for staff as well as applicants.
6. PUBLIC FORUM
There was no one to appear before the Commission at this time.
PUBLIC HEARING
A. Case No. ZOA-02-02: An ordinance amending Section 26-603.2 of the Wheat Ridge
Code of Laws concerning sight distance triangle standards.
Alan White stated that proper notice requirements concerning this hearing had been met. He
entered all pertinent documents into the record and informed the Commission they had
jurisdiction to hear the case.
The case was presented by Bob Goebel. The proposed ordinance follows safety guidelines set
forth by the American Association of State Highway and Transportation Officials Policy on
Geometric Design. He reviewed the staff report which recommended approval of the
ordinance.
In response to a question from Commissioner WEISZ, Mr. Goebel stated that he did not know
exactly how many intersections would be affected and it is planned to correct sight distance
triangles as staff becomes aware of them.
Commissioner SNOW expressed concern about liability for the city if each intersection in the
city is not evaluated. Mr. Goebel stated that there is not adequate staff time to evaluate each
intersection in the city.
In response to a question from Commissioner McMILLIN concerning the different heights of
vehicles on the road, Mr. Goebel stated that the standard height for a driver's eye is 42 inches.
There were no members of the public in attendance to address the ordinance.
It was moved by Commissioner PLUMMER and seconded by Commissioner SNOW that
Case No. ZOA-02-02, an ordinance amending Section 26-603.2 of the Wheat Ridge Code
of Laws concerning sight distance triangle standards be amended to add the following
words to Section 6: in accordance with the most current edition of the Policy on Geometric
Design of Highways and Streets, published by the American Association of State Highway
and Transportation Officials (AASHTO) and forwarded to City Council with a
recommendation of approval. The motion passed unanimously.
A. Case No. ZOA-02-03: An ordinance amending Articles I, III and IV of the Wheat
Ridge Code of Laws concerning preliminary development plans and preliminary
subdivision plans.
This case was presented by Mary Austin. She reviewed the staff report which set forth a
recommendation of approval of the proposed ordinance which would result in an elimination of
redundant information and a reduction in review and processing time for applicants as well as
staff. Alan White entered all pertinent documents into the record and stated that proper
Planning Commission Page 2
May 2, 2002
notification procedures were followed. Therefore, the Commission had jurisdiction hear the
case.
In response to a question from Commissioner SNOW, Ms. Austin stated that the proposed
ordinance would not eliminate any information that is being required now and, in fact, more
information would be required from the developer at the Outline Development Plan stage.
Notification procedures would stay the same.
Commissioner COOPER asked for clarification of item K. Ms. Austin stated that language had
been included to allow consideration of vegetation or land use features adjacent to a proposed
development.
Alan White stated that this ordinance would not affect any of the options available to Planning
Commission when considering a case.
There were no members of the public in attendance to address the ordinance.
It was moved by Commissioner McNAMEE and seconded by Commissioner PLUMMER
to recommend approval of Case No. ZOA-02-03, an ordinance amending Articles I, III
and IV of the Wheat Ridge Code of Laws concerning preliminary development plans and
preliminary subdivision plans with one amendment to Article I - Development Review:
Section 26-102 be changed to Section 26-106.
It was moved by Commissioner SNOW and seconded by Commissioner McMillin to
amend the motion to provide that the preliminary plan be retained for any piece of
property that does not require rezoning to a planned development. The motion failed 5-3
with Commissioners COLLINS, COOPER, McNAMEE, PLUMMER and WITT voting
no.
A vote was taken on the original motion which passed by a vote of 8-0.
8. OLD BUSINESS
There was no old business to come before the Planning Commission.
9. NEW BUSINESS
A. Request for Legal Opinion - Commissioner SNOW requested a legal opinion from the
city attorney regarding the legality of Urban Renewal Authority executive sessions
under state law, the charter or other laws. Commissioner McMILLIN requested, in the
legal opinion, an answer to the question of when a preliminary development discussion
becomes a plan that should become public. There was a consensus of the Commission
to request a report from the city attorney regarding this matter.
10. COMMISSION REPORTS
There were no commission reports.
Planning Commission Page 3
May 2, 2002
City of Wheat Ridge
Planning and Development Department
Memorandum
TO: Planning Commission
FROM: Alan White, Planning and Development Director
OF WHEgT
P
Al
a
v m
Cat OR ADO
SUBJECT: Case No. ZOA-02-03/Preliminary Development Plans & Preliminary Subdivision Plans
DATE: April 25, 2002
During the past year of working with the revised Chapter 26, it has come to the attention of staff that
there is some unnecessary duplication of required information involving preliminary documents for
planned developments and subdivisions. Attached is an ordinance amending Articles I, III, and IV of
the Code of Laws dealing with these preliminary documents.
In Article III, the ordinance amendment changes the name of "preliminary development plan" back to
"outline development plan". This change in name will help make it more clear for staff, the development
community, and elected and appointed officials that it is the initial step in the planned development
process which establishes the zoning and general concept plan. The ordinance also includes some minor
additions to the required content to make it a more complete document.
In Article IV, the process of preliminary subdivision plan is being removed. It has been shown to be a
needless step in the platting process and does not contain any information that is not required for a final
plat document. All of our requests for subdivision have involved a combined process for
preliminary/final plat. Additionally, the nature of subdivision in Wheat Ridge is smaller developments,
not large multi-phased projects.
Staff believes that the proposed amendment would result in an elimination of redundant information and
a reduction in review and processing time for staff as well as applicants.
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 May 2, 2002, at 7:30 p.m. in the City Council Chambers of
the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested
citizens are invited to speak at the Public Hearing or submit written comments. The following
petitions shall be heard:
Case No. ZOA-02-02: An ordinance amending Section 26-603.2 of the Wheat Ridge
Code of Laws concerning sight distance triangle standards.
Case No. ZOA-02-03: An ordinance amending Articles III and IV of the Wheat Ridge
Code of Laws concerning preliminary development plans and preliminary subdivision
plans.
Kathy Field, Senior Secretary
ATTEST:
Wanda Sang, City Clerk
To be Published: April 25, 2002
Wheat Ridge Transcript
Q\Kathy\PCRPTS\PLANGCOM\PUBHRG\2002\020502B.wpd
Case No.:
App: Last Name:
App: First Name:
Owner: Last Name:
Owner: First Name:
App Address:
City, State Zip:
App: Phone:
Owner Address:
City/State/Zip:
Owner Phone:
Project Address:
Street Name:
City/State, Zip:
Case Disposition:
Project Planner:
File Location:
Notes:
Follow-Up:
ZOA0203 ! Quarter Section Map No.
Citywide ! Related Cases:
rW Case History:
Review Body:
APN:
r 2nd Review Body:
_ 2nd Review Date:
i.. Decision-making Body:
Approval/Denial Date:
Reso/Ordinance No.:
kite
ctive
r
mend ode concerning
prelimincary development
plans & preliminary
ubdivsion plans
PC - 5/2/02
CC
CC
It~°~
PC
F
F
Conditions of Approval:
District: t -
Date Received: 14/23/2002
Pre-App Date: F_