HomeMy WebLinkAboutOrdinance 1762 - Sub Code CleanupCITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER HULTIN
COUNCIL BILL NO. 10
ORDINANCE NO. 1762
Series 2023
TITLE: AN ORDINANCE AMENDING ARTICLES I AND IV OF CHAPTER 26 OF
THE WHEAT RIDGE CODE OF LAWS, CONCERNING THE CITY’S
SUBDIVISION REQUIREMENTS, AND MAKING CONFORMING
AMENDMENTS THEREWITH
WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers
conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City,
acting through its City Council (the “Council”), is authorized to adopt ordinances for the
protection of the public health, safety, or welfare; and
WHEREAS, the Council recognizes that from time to time the City’s zoning Code
needs to be updated to include modern terminology, update cross-references, remove
conflicts within the Code, and to provide clarity to City staff and the public; and
WHEREAS, the Council recognizes that the City’s subdivision review
requirements should be contained within Article IV of Chapter 26 to the greatest extent
feasible.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 26-117.B of the Wheat Ridge Code of Laws is hereby
amended as follows to provide clarity regarding property merger covenants and
consolidation plats on nonconforming lots of record:
B. Property merger covenant. Nonconforming lots of record may be merged as a
condition of a permit or other development approval by a property merger
covenant, IN LIEU OF A CONSOLIDATION PLAT. A property merger covenant
may be used in the event that BY an owner of two (2) or more adjacent lots
which contain an existing residential use OR ARE VACANT AND
RESIDENTIALLY ZONED, PRIOR TO OBTAINING wishes to obtain a building
permit for THE FOLLOWING TYPES OF DEVELOPMENT: an accessory
structure on the property, or an addition to the existing structure, OR
DEVELOPMENT OF ONE (1) NEW SINGLE-UNIT OR DUPLEX DWELLING
AND CUSTOMARY ACCESSORY STRUCTURES.
The covenant shall ensure that the property be held as one (1) parcel and shall
restrict any portion from being sold separately. The covenant shall be in a form
approved by the city attorney, recorded in the office of the Jefferson County Clerk
and Recorder, and shall run with the land. The community development director
shall have the authority to execute any such covenant and release of the
covenant on behalf of the city.
Section 2. Section 26-117.C of the Wheat Ridge Code of Laws is hereby
amended as follows to be consistent with review requirements for subdivisions in Article
IV of Chapter 26:
C. All consolidation plats for multi-unit dwelling development shall be
accompanied by a site plan, as set forth by section 26-111. Such consolidation
plats, together with the site plan, shall be subject to review by the planning
commission and city council following the same application procedures, notice
requirements and approval procedures and standards for review as for a planned
building group. The purpose of these provisions is to avoid the construction of
overly large buildings which may negatively impact surrounding neighborhoods
by increasing traffic, creating congestion by ingress/egress points, obstructing
light and air and by making access for fire protection difficult, and to prevent
construction of one (1) large building to avoid compliance with the subdivision
regulations, and to encourage the construction of smaller buildings which could
give opportunities for better design of setbacks, landscaping, parking, vehicular
and pedestrian circulation and drainage facilities.
Section 3. Section 26-120.B of the Wheat Ridge Code of Laws is hereby
amended as follows to provide clarity regarding property merger covenants and
consolidation plats on nonconforming lots of record:
B. Nonconforming lots of record. In any district in which single-unit dwellings are
permitted, a single-unit dwelling and customary accessory buildings may be
erected on any single lot of record, provided that the lot is in separate ownership
and not of continuous frontage with other lots under the same ownership. This
provision shall apply even though the lot fails to meet the requirements of the
district in which it is located for the area, width, or both; provided however that
the requirements for the district for SETBACKS minimum yard dimensions and
BUILDING lot coverage FOR NEW DEVELOPMENT shall be met.
If two (2) or more lots or combinations of lots and portions of lots with continuous
frontage in single ownership are of record, and part or all of the lots do not meet
the requirements of the district in which they are located as to minimum area or
frontage or both, the lands shall be considered to be an undivided parcel and no
portion of the parcel shall be sold or used in a manner which diminishes
compliance with minimum lot width and area requirements. A PROPERTY
MERGER COVENANT AS DESCRIBED IN SECTION 26-117.B SHALL BE
SUBMITTED AS PART OF A BUILDING PERMIT APPLICATION FOR
DEVELOPMENT OF SINGLE-UNIT OR DUPLEX DWELLINGS AND
CUSTOMARY ACCESSORY BUILDINGS ON NONCONFORMING LOTS OF
RECORD IN SINGLE OWNERSHIP.
Section 4. Section 26-123 (Definitions) of the Wheat Ridge Code of Laws is
hereby amended as follows by adding the following definitions, in appropriate
alphabetical order:
OWNERS’ ASSOCIATION. A COMMUNITY ASSOCIATION WHICH IS
ORGANIZED WITHIN A DEVELOPMENT IN WHICH INDIVIDUAL OWNERS SHARE
COMMON INTERESTS AND RESPONSIBILITIES FOR COMMON AND/OR LIMITED
PUBLIC OPEN SPACE, LANDSCAPING, TRACTS, OR FACILITIES AND WHICH
SHALL HAVE THE AUTHORITY TO RAISE REVENUE AND OWN REAL
PROPERTY. OWNERS’ ASSOCIATION INCLUDES HOMEOWNERS’
ASSOCIATIONS, PROPERTY OWNERS’ ASSOCIATIONS, AND SPECIAL
DISTRICTS OR METROPOLITAN DISTRICTS.
OWNERS’ ASSOCIATION DECLARATION OR AGREEMENT. A
DECLARATION OR AGREEMENT SIGNED BY OR ON BEHALF OF AN OWNERS’
ASSOCIATION FOR THE PURPOSES OF ESTABLISHING THE RIGHTS AND
RESPONSIBILITIES OF THE ASSOCIATION WITH RESPECT TO A DEVELOPMENT
AND THE OWNERS AND REAL PROPERTY CONTAINED THEREIN.
Section 5. Section 26-404 (Definitions) of the Wheat Ridge Code of Laws is
hereby amended as follows:
Tract: A portion of land that is part of a subdivision which is designated for some
purpose other than a building site or lot, sometimes known as an outlot. TRACTS ARE
NOT COUNTED AS LOTS OR PARCELS WHEN DETERMINING THE NUMBER OF
LOTS OR PARCELS INVOLVED IN A SUBDIVISION.
Section 6. Section 26-405.A of the Wheat Ridge Code of Laws, regarding types
of plats, is amended with the insertion of a new subsection 3 and renumbering the
section accordingly.
A. Administrative plat.
…
3. A CONSOLIDATION PLAT SUBMITTED FOR PROPERTIES
CONTAINING EXISTING AND COMPLETED SITE DEVELOPMENT,
FOR THE SOLE PURPOSE OF ELIMINATING UNNECESSARY LOT
LINES, REGARDLESS OF THE NUMBER OF LOTS INVOLVED. THIS
SHALL NOT INCLUDE ANY CONSOLIDATION PLAT SUBMITTED FOR
THE PURPOSE OF PREPARING THE SITE FOR DEVELOPMENT,
UNLESS THAT CONSOLIDATION PLAT IS OTHERWISE ELIGIBLE
FOR ADMINISTRATIVE REVIEW.
Section 7. Section 26-406.D.4 of the Code, concerning when parkland fees in
lieu are due, is hereby amended as follows to comply with the requirements from
Ordinance 1693:
4. Fees in lieu of parkland dedication, if required by section 26-414, shall be
paid at time a recordable document is submitted PRIOR TO BUILDING
PERMIT ISSUANCE.
Section 8. Section 26-410 of the Code, concerning application contents for
subdivisions, is hereby amended as follows:
A. Application contents. A complete subdivision application shall include:
1. Complete and notarized application form.
2. Appropriate fee.
3. Proof of ownership, such as copies of deeds.
4. Written authorization from property owner(s) where an agent acts on behalf of
the owner(s).
5. A written description of the request.
6. Mineral rights certification form, IF APPLICABLE.
7. Commitment for title insurance, if applicable.
8. Geodetic surveying requirements checklist, completed and signed by surveyor.
9. Closure sheet(s) for the exterior boundary and all individual lots, with the area
rounded to the nearest square foot and acreage to four (4) decimal places.
10. Final plat. The application shall include the appropriate number of copies and
electronic files, as determined at the pre-application conference. All final plats
shall comply with C.R.S. Article 51, Title 38. All form and content requirements
shall be met, as described below in subsections B. and C.
11. Supplemental reports. In addition to the information contained on the final plat
supportive information may be required in the format of hard copies, electronic
files, or both. These may include, but are not limited to:
a. Trip generation or traffic report;
b. Final drainage report and plan;
c. Grading, drainage, and erosion control plan;
d. Stormwater management plan (SWMP);
e. Stormwater operations and maintenance manual (O&M Manual);
f. Civil construction plans;
g. Subdivision improvement agreement or development covenant
agreement;
h. Exhibit and deed for partial right-of-way dedications;
i. HomeoOwner's association declaration or agreement (REQUIRED IF
COMMON ELEMENTS ARE INCLUDED IN THE SUBDIVISION, TO BE
DETERMINED BY THE COMMUNITY DEVELOPMENT DEPARTMENT).
B. Form of final plat.
1. Maps of the subdivision plat shall be drawn at not less than a scale of one (1)
inch equals one hundred (100) feet.
2. Outer dimensions of the map shall be twenty-four (24) inches by thirty-six (36)
inches with the following minimum margins: at least one (1) inch along the top
and at least one-half (½) inch on the bottom and right sides.
3. Once a plat is approved, the plat shall be PRINTED ON MYLAR MEETING
JEFFERSON COUNTY CLERK AND RECORDER REQUIREMENTS.
photographically reproduced or computer plotted on four millimeter (0.004)
thick mylar. No sticky-backs, transfer lettering, or labels shall be used on the
mylar. All signatures must be permanent black ink. No ball point pens shall be
used.
4. Maps of two (2) or more sheets shall be referenced to an index map placed on
the first sheet and each sheet shall be numbered (e.g., sheet 1 of 3).
C. Content of final plat.
1. Project information.
a. Title of document. The title of the subdivision shall not duplicate another
subdivision plat title in the records of the Jefferson County Clerk and
Recorder's office.
b. A surveyed metes and bounds legal description of the platted boundary,
with section ties to two (2) section corners in conformance with city
geodetic surveying requirements. Coordinates for all section corners, and
quarter-section corners, and PHAC points used shall be consistent with
the City of Wheat Ridge current city datum and are available from the
engineering division.
c. Basis of bearing statement, consistent with current city datum.
d. Small scale location map, with north arrow and scale.
e. Name, address, and phone number of architect, engineer, or surveyor
associated with the project.
f. Appropriate signature and certification block as determined by the
community development department, such as for owners, lenders, and city
officials.
g. Signature and seal of the Colorado licensed professional land surveyor
along with a statement that the survey was performed by him/her or under
his/her direct responsibility, supervision, and checking, and in accordance
with all City of Wheat Ridge requirements and applicable Colorado
Statutes, current revised edition, as amended.
h. Release of areas dedicated to public use by mortgage or lien holder.
i. Standard easement notes as determined by the community development
department.
j. Dedicatory statement, if applicable.
k. Case history box with reference case numbers; and
l. Plat note in the form of, and if required by, Code section 26-421 declaring
race or religion-based covenants on the subject property, if any, to be
illegal and unenforceable.
2. Graphical information.
a. All items on the City of Wheat Ridge geodetic surveying requirements for
final plats shall be adhered to and provided on the plat.
b. Graphical representation of property boundary consistent with legal
description.
c. Lot areas and dimensions for each lot, tract, and parcel.
d. Accurate dimensions for all lines, angles, and curves used to describe
boundaries, streets, alleys, easements, areas to be reserved for public
use, and other important features.
i. Distance and bearings shall be on current city datum.
ii. All curves shall be circular arcs and shall be defined by all of the
following: the radius, central angle, arc length, chord length, and
chord bearing.
iii. All dimensions, both linear and angular, are to be determined by an
accurate control survey in the field which must balance and close
within a limit of at least one (1) in fifty thousand (50,000).
iv. No final plat showing plus, or minus dimensions will be approved.
v. Total area shall be rounded to the nearest square foot and acreage to
four (4) decimal places.
e. Monument information, including:
i. A description of all monuments that mark the boundaries of the
property, both found and set, and a description of all control
monuments used in conducting the survey.
ii. Right-of-way survey monuments shall be established per City of
Wheat Ridge standard specifications for all new roadways or
relocation of existing roadways, at all new road right-of-way centerline
intersections, center of radius for cul-de-sacs, and at the end of the
centerline for dead end streets. Right-of-way survey monuments may
also be required at roadway centerline points of curvature, points of
reverse or compound curvature, and points of tangency, as
determined by the engineering division.
iii. Coordinates for all control monuments used shall be consistent with
the current city datum.
f. Identification of all proposed lots, blocks, and street names. Tentative
Aaddresses for each lot shall be provided by the city.
g. Identification of existing streets, alleys, parks, and other public facilities.
h. Identification of all easements within and abutting the subject property,
including the purpose and dimensions. If any easement already of record
cannot be definitely located, a statement of its existence and its recorded
reference shall appear on the plat title sheet.
i. Identification of adjacent property by subdivision name, lot, and block. If
adjoining land is unplatted, it shall be identified as such.
j. Identification of zoning within and adjacent to subject property.
k. Identification of areas reserved for future public acquisition.
l. Extent of 100-year floodplain and floodway, if applicable.
m. Legend, north arrow, and scale (not to exceed one (1) inch = one hundred
(100) feet).
Section 9. Section 26-411.G of the Code, concerning subdivision design, is
hereby amended as follows:
G. Easements AND TRACTS.
…
2. Drainage and irrigation facilities. All proposed on-site stormwater
detention facilities shall lie within a stormwater detention easement. THE
COMMUNITY DEVELOPMENT DIRECTOR, IN CONSULTATION WITH
THE CITY ENGINEER, SHALL HAVE AUTHORITY TO REQUIRE THAT
STORMWATER DETENTION FACILITIES SHALL BE PLACED IN AN
UNBUILDABLE TRACT WHICH SHALL BE OWNED AND MAINTAINED
IN PERPETUITY BY THE OWNERS’ ASSOCIATION. Where a
subdivision is traversed by an irrigation ditch or channel, natural creeks or
streams, an easement sufficient for drainage and to allow for maintenance
of the ditch shall be provided. The width and location of this easement
shall be approved by the controlling irrigation ditch company or lateral
ditch users. When off-site detention, retention or conveyance is required, a
recorded easement from the affected off-site property owner is required at
the time of plat recordation.
…
4. Access. When it is required to have circulation between adjacent
properties OR PROPERTIES WITHIN A SUBDIVISION, cross
access/ingress-egress easements AND EMERGENCY ACCESS
EASEMENTS IF REQUESTED BY THE FIRE DEPARTMENT shall be
provided on the plat.
…
6. All easement areas shall be maintained by the underlying fee simple
property owner or appropriate owners’ association. THE COMMUNITY
DEVELOPMENT DIRECTOR SHALL HAVE AUTHORITY TO REQUIRE
THAT AN OWNERS’ ASSOCIATION BE ESTABLISHED TO MAINTAIN
COMMON AREA EASEMENTS AND TRACTS IN PERPETUITY. All
improvements located in, on, over or under the easements shall be
maintained by the applicable and/or designated agency. Other
improvements provided by the fee simple property owner shall not
interrupt nor in any way interfere with the designated and continued use of
the easements and improvements located thereon. The city shall not be
responsible for maintenance of easements and/or improvements thereon,
unless otherwise approved by the city councilCOMMUNITY
DEVELOPMENT DIRECTOR IN THE FORM OF A SUBDIVISION
IMPROVEMENT AGREEMENT OR DEVELOPMENT AGREEMENT.
Section 10. Section 26-417.3.b of the Code, concerning utility requirements for
new subdivisions, is hereby amended as follows:
b. The following utilities shall be provided:
….
iv. INTERNET, tTelephone, cable, and other similar utility services
Section 11. Severability, Conflicting Ordinances Repealed. If any section,
subsection, or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall not
be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 12. Effective Date. This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on
this 8th day of May 2023, 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 May 22, 2023, at 6:30 p.m., as a virtual meeting and 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 22nd day of May 2023.
SIGNED by the Mayor on this 22nd day of May 2023.
_______________________________
Bud Starker, Mayor
ATTEST:
_________________________
Stephen Kirkpatrick, City Clerk
Approved as to Form
_________________________
Gerald E. Dahl, City Attorney
First Publication: May 11, 2023
Second Publication: May 25, 2023
Effective Date: June 9, 2023
Published:
Jeffco Transcript and www.ci.wheatridge.co.us