HomeMy WebLinkAboutOrdinance 1774 - Amend WR Code of Laws- Subdivision RequirementsCITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER OHM
COUNCIL BILL NO. 23
ORDINANCE NO. 1774
Series 2023
TITLE: AN ORDINANCE AMENDING CHAPTER 2 AND CHAPTER 26 OF THE
WHEAT RIDGE CODE OF LAWS, CONCERNING THE CITY’S
SUBDIVISION AND DEVELOPMENT REVIEW 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 has prioritized meaningful public engagement and
education including the implementation of the Wheat Ridge Speaks online engagement
platform, the Let’s Talk Neighborhood Engagement program, and the support of staff’s
efforts to create and implement the Community Involvement Strategy; and
WHEREAS, the Council recognizes that the current subdivision review processes
and public hearing requirements often conflict with the desire to inform rather than consult
the public regarding development activities when the proposed uses are already
permitted by the underlying zoning; and
WHEREAS, the Council recognizes the need to reduce duplication and
unnecessary cross-references within the Code of Laws to ensure codes are easy to
understand and administer; and
WHEREAS, the Council recognizes that there is the need to inform the public of
larger subdivision applications that will result in greater impacts to the community and to
provide balanced information in plain language.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 2-53 of the Wheat Ridge Code of Laws, concerning boards
and commissions, is hereby amended as follows:
…
(d) Notwithstanding any other provision in this section, the following voting rules
shall be in effect for all matters requiring decision by the board of adjustment, or, where
appropriate, the planning commission, to grant any variance, waiver, temporary
building or use permit, or any interpretation (or for any matter requiring decision by the
planning commission or the city council under subsection 26-6(D) or the zoning
ordinance of the city):
…
Section 2. Section 2-60 of the Wheat Ridge Code of Laws, concerning
responsibilities of the planning commission, is hereby amended as follows in
subsections (e), (h), (i), and (j):
…
(e) The planning commission shall hold a public hearing on all land use cases as
prescribed by chapter 26. The staff shall provide a written staff report to the
planning commission prior to the meeting, which shall contain a staff
recommendation on the case which will be based in part on how the requested
change conforms to the adopted comprehensive plan. The planning commission
shall pass a resolution which makes a recommendation to the city council.
…
(h) After holding a public hearing on major subdivision plats, the planning
commission shall make a recommendation to the city council, with final action
taking place at the city council. Public hearings shall be conducted following
procedures outlined in the subdivision regulations.
(i) Minor subdivision plats shall be heard and approved by the planning
commission at a public hearing. Public hearings shall be conducted following
procedures outlines in the subdivision regulations.
(j) Wherein the planning commission has denied a minor subdivision, an
applicant may appeal that decision to city council.
Section 3. Section 26-106 of the Wheat Ridge Code of Laws, containing the
review process chart for land use approvals, is hereby amended as follows, including a
new column for appeal processes and new footnotes:
Approval
Requested Pre-Application Final Notes
Reference
Appeal
Staff Neighborhood Staff PC CC BOA URPC
Site Plan 4 X A A § 26-111
Mixed Use
Concept Plan X 5 X A § 26-1116
Mixed Use
Conditional
Use Permit
X A § 26-1118 BOA
Major
Subdivision X H H URA ART IV
Minor
Subdivision
Type II
Subdivision
X H URA Appeal to
CC ART
IV
CC
Administrative
Subdivision
Type I
Subdivision
X A ART IV
Planned
Development:
Outline
Development
Plan (ODP)
X X H H URA 2 ART III
Planned
Development:
Specific
Development
Plan (SDP)
X H H6 URA ART III CC
Planned
Development:
Outline
Development
Plan
Amendment
X X H H URA 2 ART III
Planned
Development:
Specific
Development
Plan
Amendment
X A H7 A ART III
Rezoning,
Private X X H H URA 2 § 26-112
Rezoning,
City X H H URA 2 § 26-113
Special Use X X A H8 URA
A § 26-114
Appeal to
CC
CC
Variance—
Administrative A A Appeal to
BOA § 26-
115.C
BOA
Variance—
Non-
administrative
H URA § 26-
115.C
Temporary
Permit H A § 26-
115.D
Interpretation A Appeal1 to
BOA § 26-
115.E
BOA
Administrative
Adjustments
to the Official
Zoning Map
A Appeal to
CC § 26-
119.E
CC
Historic
Designation H URA ART IX
Planned Bldg.
Group
4 X A H9 A 3 § 26-116 Varies10
Floodplain
Permit—
Class I
A § 26-8068 BCAB
Floodplain
Permit—
Class II
4 X A § 26-8068 BCAB
Right-of-way
Vacation, by
ordinance
X H H URA § 26-118
Right-of-way
Vacation, by
plat
X H H § 26-118
1 Reserved.
2 Right of protest applies: See section 5‐10 of the Home Rule Charter and Code subsection 26‐112.C.7.
3 If four (4) or more buildings are proposed, planning commission review is required.
4 A pre‐application may not be required based on the complexity of the project.
5 Neighborhood meetings for mixed use concept plan applications are required only for sites of ten (10) acres in
size or larger. ;hg0;
6 City council review is required for a specific development plan only if ODP and SDP applications are submitted
concurrently. Planning commission is the final authority for an SDP submitted separate from and subsequent
to ODP approval.
7 Planning commission review of SDP amendments only required in some circumstances. Refer to section 26‐307.
8 City council review for special use permits is only required upon appeal by an applicant of a decision of denial
by the community development director, or the receipt of an objection by adjacent property owners. Refer
to section 26‐114.
9 Planning commission review for planned building group only required in some circumstances. Refer to section
26‐116.
10 If reviewed administratively, appeal to PC. If reviewed by PC, appeal to Jefferson County District Court.
Key:
PC: Planning commission
CC: City council
BOA: Board of adjustment
X: Meeting required
H: Public hearing required
A: Administrative review
URPC: Urban Renewal Plan compliance required: If "A" is noted, administrative review; if "URA" is noted,
review by Wheat Ridge Urban Renewal Authority is required — see section 26‐226.
BCAB: Building Code Advisory Board
Section 4. Section 26-111.A of the Wheat Ridge Code of Laws, describing
application of site plan review requirements, is hereby amended as follows:
A. Application. The requirements of this section apply to site development on
property for which the use proposed is a use by right, is other than a single-
unit dwelling or two-unit dwelling, and for which subdivision or planned
development district approval is not sought. The requirements for site plans
required in planned development zone districts are found in those district
regulations. This section establishes the purpose, graphic and informational
requirements for site development review required in instances other than
planned development districts, including all site development within any
mixed-use zone district established in article XI.
Section 5. Section 26-115.C of the Wheat Ridge Code of Laws, regarding
variances, is hereby amended as follows with the insertion of a new subsection 4 and
the appropriate renumbering of the current subsections 4 and 5 to 5 and 6:
…
4. Variances and waivers for subdivision applications. The planning
commission is empowered to hold public hearings to hear and
decide upon subdivision applications which include variance or
waiver requests as described in section 26-409 and defined herein as
Type II Subdivisions.
…
Section 6. Section 26-118 of the Wheat Ridge Code of Laws, concerning right-
of-way vacations, is amended as follows:
Street right-of-way vacations can occur by ordinance or by final plat and can be initiated
by either the City of Wheat Ridge or by a private party.
A. Vacation by plat. When a right-of-way streetis being vacated as part of the
platting process it shall be graphically shown and shall be designated as
being “hereby vacated by this plat.” The document for vacation in this
instance shall follow the form and content of a final plat and shall be
processed as a major subdivision in accordance with article IV. All submittal
requirements of the platting process shall be provided by the applicant. There
shall not be an additional charge for processing of the vacation in this
instance. When a right-of-way was previously dedicated by a plat, it shall
be vacated by plat.
B. Vacation by ordinance. Applications for vacation by ordinance may also be
originated by the City of Wheat Ridge or by a private property owner. When a
right-of-way was previously dedicated by separate instrument, it can be
vacated by ordinance or by plat. If a city-initiated vacation, the engineering
division city shall prepare a legal description of the right-of-way proposed to
be vacated attached to an administrative process application signed by the
mayor of the City of Wheat Ridge or his or her representative. The filing fee in
this instance shall be waived. The city will provide all other supplemental
information required to process the city-initiated application. If a private party
is applying for the vacation, he or she will be responsible for the preparation
and submittal of an application package including the following items:
1. …
…
Section 7. Section 26-404 of the Wheat Ridge Code of Laws, concerning
definitions for the subdivision regulations in Article IV, is amended as follows, with new
definitions added in the appropriate alphabetical order:
…
Administrative subdivision: See subdivision, administrative.
…
Major subdivision: See subdivision, major.
Minor subdivision: See subdivision, minor.
…
Subdivision, administrative: Any subdivision, consolidation, or lot line adjustment that
involves three (3) or fewer lots or parcels, conforms to all subdivision and zoning
regulations, and does not include the dedication of a public street. See section 26-405.
Subdivision, major: Any subdivision, consolidation, or lot line adjustment that does not
meet the definition of an administrative or minor plat, including any plat with a right-of-
way vacation or the dedication of public streets. See section 26-405.
Subdivision, minor: Any subdivision, consolidation, or lot line adjustment that involves
four (4) or five (5) lots or parcels, conforms to all subdivision and zoning regulations,
and does not include the dedication of a public street. See section 26-405.
Subdivision, Type I: Any subdivision, consolidation, or lot line adjustment that
conforms to all subdivision and zoning regulations, and does not include right-of-
way vacation, waiver, or variance. This subdivision type shall be reviewed and
approved administratively.
Subdivision, Type II: Any subdivision, consolidation, or lot line adjustment that
requires a waiver or variance for approval and does not include right-of-way
vacation. This type of subdivision requires planning commission approval.
…
Section 8. Section 26-405 of the Wheat Ridge Code of Laws is hereby
repealed and the section number reserved.
Section 9. Section 26-406 of the Wheat Ridge Code of Laws, regarding review
procedures for subdivisions, is amended as follows, including the addition of new
subsections G and H:
…
B. Administrative plat review procedure. Type I Subdivision review procedure.
1. Application filing. An application packet shall be submitted to the
community development department. Staff will review the application for
completeness in accordance with the submittal requirements in section
26-410. If staff determines the application is not complete, it will be
returned to the applicant and not further processed until the incomplete
items have been supplied.
2. Review and referral. Upon receipt of a complete application packet the
community development department will review the application and refer
the application to affected departments and agencies for review and
comment. The applicant must address all comments and resubmit
relevant documents.
3. Decision. After the review period, staff will prepare written findings with a
recommendation. The community development director shall review the
plat and approve, approve with conditions, or deny the plat.
C. Minor and major plat review procedure.Type II Subdivision review
procedure.
1. Application filing. An application packet shall be submitted to the
community development department. Staff will review the application for
completeness in accordance with the submittal requirements in section
26-410. If staff determines the application is not complete, it will be
returned to the applicant and not further processed until the incomplete
items have been supplied.
2. Review and referral. Upon receipt of a complete application packet the
community development department shall proceed with the following
process:
a. Staff will review the application and refer the application to affected
departments and agencies for review and comment. The applicant
must address all comments and resubmit relevant documents.
b. After the review period, staff will give notice of scheduled public
hearings on the application before the planning commission, and if
needed, the city council. Notice shall be by publication, letter, and
site posting in the manner provided in section 26-109.
c. Staff will prepare a written report to the planning commission which
evaluates the proposal, makes findings, and makes a
recommendation.
3. Public hearing.Planning commission public hearing. The planning
commission shall hold a public hearing to review the plat and to hear
and consider any evidence or statement presented by the applicant,
city staff, or by any person in attendance at the public hearing. The
decision shall be based upon the facts presented in the public
hearing pursuant to the procedures and review criteria for variances
and waivers in section 26-409 and/or 26-115, whichever is applicable.
a. Planning commission review. The planning commission shall hold a
public hearing to review the plat and to hear and consider any
evidence or statement presented by the applicant, city staff, or by
any person in attendance at the public hearing. Any
recommendation or decision shall be based upon the facts
presented in the public hearing and in consideration of the
regulations and standards of this article and article II of this chapter.
i. Minor subdivision. The planning commission shall make a
decision to either approve, approve with conditions, or deny
the application. The decision by the planning commission is
final for minor subdivisions.
ii. Major subdivision. The planning commission shall make a
recommendation of approval, approval with conditions, or
denial of the application. The recommendation shall be
forwarded to city council for final action.
b. City council review. City council shall review and decide upon all
major subdivision applications at a public hearing. Upon receipt of
the final plat and accompanying recommendations, the city council
shall either approve, approve with conditions, deny, or refer the plat
back to planning commission for further review. City council shall
base its decision upon all evidence presented, with due
consideration of the regulations and standards of this article and
article II of this chapter.
…
E. Review considerations. Decisions on subdivision applications are technical
and non-discretionary in nature. The regulations and standards of this article
shall be used by the city council, planning commission, and community
development director in judging the merits of the application submitted for review.
Because variance and waiver applications are discretionary in nature, for
Type II subdivisions the planning commission shall base its decision in
consideration of the extent to which the review criteria within sections 26-
115 and 26-409 have been met.
F. Appeal. Because of the technical and non-discretionary nature of subdivision
decisions, and appeal may be filed only when a decision is based in whole or in
part on an incorrect finding of compliance with these regulations. Type I
subdivisions are not eligible for appeal because of their technical and non-
discretionary nature. The planning commission’s decision on Type II
subdivisions may be appealed to the City Council at a public hearing in
accordance with section 26-109 only as follows:
1. Appeals may be filed only by the applicant or property owner.
2. A written appeal shall be submitted to the community development
department within ten (10) days of a decision.
3. Any appeal of the community development director’s decision shall be
heard by the planning commission at a public hearing in accordance with
section 26-109.
4. Any appeal of the planning commission’s decision shall be heard by the
city council at a public hearing in accordance with section 26-109.
G. Notice of subdivision approval.
1. Upon approval of a subdivision in which the total gross size is two
(2) acres or greater, the community development department shall
send by first class mail, a notice of subdivision approval to adjacent
property owners and occupants within six hundred (600) feet of the
subject property.
2. The letter shall include a description of the approved subdivision,
zone district information, and information regarding construction
hours and requirements, in a form determined by the community
development director.
3. This notice of subdivision approval shall be mailed within fifteen
(15) days of subdivision approval by the community development
director.
4. Failure of a property owner or occupant to receive a mailed notice
shall not invalidate the approval of the subdivision and shall not be
regarded as constituting inadequate notice.
5. The notice requirements of this subsection G shall not apply to
plats of any size that are described by one of the following: 1) lot line
adjustments where only existing lot lines are shifting, including lot
line adjustments for previously-approved townhouse plats; or, 2)
consolidation plats for properties which contain existing and
completed development for the sole purpose of eliminating
unnecessary lot lines and which will not result in the creation of
additional new lots for development.
H. Right-of-way vacation. Any plat containing a right-of-way vacation shall
be processed as a right-of-way vacation by plat pursuant to the
requirements in section 26-118.
Section 10. Section 26-409 of the Wheat Ridge Code of Laws, regarding
variances and waivers for subdivisions, is amended as follows:
A. Review procedure. Any subdivision application that includes a request for a
variance or waiver shall be processed as a major Type II subdivision and
reviewed by planning commission and city council.
B. Variance. Where a subdivider proposes a plat that does not fully comply with
the development standards contained in these regulations or the zoning code,
the subdivider must provide a written variance request as part of the
application contents. The variance request shall be considered pursuant to
the procedures, review criteria, and voting ratios set forth in sections 26-115
and 2-53(d).
C. Waiver. A waiver is a permitted exemption or reduction from a design
principle or required improvement based on the specific conditions,
circumstances or design context of a development proposal. The burden of
demonstrating that a waiver is justified falls on the applicant.
1. Process. The applicant shall submit to the community development
department a letter requesting the waiver and providing justification
addressing the review criteria in subsection 2. below. The waiver shall
be considered concurrently with the review of the final plat. Final action
on the request shall be made by planning commissioncity council.
The waiver request shall be considered pursuant to the voting
ratios set forth in section 2-53(d).
…
Section 11. Section 26-411.G of the Wheat Ridge Code of Laws, regarding
easements and tracts, is amended as follows, by addition of a new subsection 7:
G. Easements and tracts.
…
7. Easement removal.
a. Easements vacated by plat shall be noted as being “hereby
vacated and released by this plat.”
b. Easements requested to be vacated or modified separately
from a plat application may be processed as an affidavit of
easement amendment or affidavit of easement vacation. The
applicant shall include written and notarized approval from
affected property owners and utility agencies.
c. Separate sheets for vacation and rededication may be
necessary.
Section 12. Section 26-415.A of the Wheat Ridge Code of Laws, regarding
dedication of public streets, is amended as follows:
A. Dedication. Street dedication requirements shall be based on the city’s
adopted and most current guiding documents, including, but not limited
to, the Ccomprehensive Pplan, the Bicycle and Pedestrian Master Plan, and
the Streetscape Design Manual of the City of Wheat Ridge.
1. Full. Dedication of a public street shall be by plat and shall be processed
as a major a Type I subdivision unless other proposed conditions
qualify the subdivision as a Type II subdivision or right-of-way
vacation.
2. Partial. A partial right-of-way dedication is acceptable if it is required to
complete a substandard street already in existence.
a. Half streets. For streets on the perimeter of a subdivision, the
subdivider may be permitted to dedicate sufficient right-of-way to
provide an adequate street width for two (2) lanes of traffic in
accordance with the city’s standards and specifications. In such
instances, the subdivider shall be required to construct one-half
(1/2) of the street width plus six (6) feet or other design as
determined and approved by the community development
department. If on street parking is desired, more additional right-
of-way will be required.
b. Administrative or minor subdivisionType of dedication. Where
partial right-of-way dedication is required as part of aan
administrative or minor subdivision application, the right-of-way
shall be dedicated to the city by plat.may be dedicated to the city
by separate document. On the plat, the right-of-way to be
designated shall be labeled as a tracthereby dedicated., and a plat
note shall indicate that the dedication of the tract will be by
separate instrument. An exhibit and deed shall be prepared, signed
and sealed by the professional land surveyor of record and
submitted to the community development department as part of the
application packet.
c. Where partial right-of-way is being dedicated apart from a plat,
the city may accept the dedication by deed.
…
Section 13. Section 26-416 of the Wheat Ridge Code of Laws is hereby
repealed and the section number reserved.
Section 14. 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 15. 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 7 to 0 on
this 28th day of August 2023, ordered published by title and in full on the City’s website
as provided by the Home Rule Charter, and Public Hearing and consideration on final
passage set for September 11, 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 6 to 0, this 11th day of September 2023.
SIGNED by the Mayor on this 12th day of September 2023.
_______________________________
Bud Starker, Mayor
ATTEST:
_________________________
Stephen Kirkpatrick, City Clerk
Approved as to Form:
_________________________
Gerald E. Dahl, City Attorney
First Publication: August 29, 2023
Second Publication: September 12, 2023
Effective Date: September 27, 2023
Published:
Jeffco Transcript and www.ci.wheatridge.co.us