Loading...
HomeMy WebLinkAboutOrdinance-1981-0459INTRODUCED BY COUNCILMEMBER Davis ORDINANCE N0. 459 Series of 1981 TITLE: AN ORDINANCE AMENDING SECTION 20 OF APPENDIX A, PLANNED COMMERCIAL DEVELOPMENT DISTRICT, OF THE CODE OF THE CITY OF WHEAT RIDGE, COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Appendix A. Planned Commercial Development District, of the City of Wheat Ridge, Colorado, Section 20 is hereby amended to read as follows: Section 20. Planned Commercial Development District. A. Generally. The intent of the Planned Commercial Development District is to permit the establishment of a well-designed complex of retail and/or wholesale commercial facilities for a neighborhood or com- munity which will provide goods and services for the people to be served, minimize traffic congestion on thoroughfares and public streets in the vicinity, and which shall best fit the general envi- ronment and land use pattern of the area to be served. The protective standards for site use and development contained in the district are intended to minimize any adverse effect of the Planned Commercial Development on nearby property values by achieving maximum compatible integration of land uses, by preserving the aesthetic qualities of the area, and to provide for safe and efficient use of the Planned Commercial Development itself. This section is intended to provide a means by which a tract of land may be developed by permitting the developer to have knowledge of use of land permitted and likewise seek said uses upon approval of an Outline Development Plan. In this district, the Outline Development Plan is construed to be tentative approval of uses within this district and also tentative approval of uses of a commercial nature. Approval of the Outline Development Plan shall not be construed to be approval of a Preliminary Development Plan or Final Development Plan except in respect to concept. B. Use Regulations: Planned Development of any nature - private, public or quasi- public - either as a single use or in combination may be permitted. Such development shall be under unified control whether by individual, corporate, or associate ownership, or by acceptable agreements as approved by the City Attorney. Development may include residential development if approved by the Planning Commission. C. General Regulations: Height, setback, access, screening of service areas and all other requirements for a controlled area regulation shall be con- sidered for the overall site with regard to those limitations established on similar uses in other wheat Ridge Zoning Districts. Variations to those standards may be approved by City Councilwhich may solve problems within the proposed rezoning area. D. Rezoning and/or Development Application Procedures: Persons shall make application for approval of Planned Commercial District or development, redevelopment, alteration, or addition to -2- the Planning Commission. There are three (3) basic steps to the development approval process prior to approval of a building permit. The three basic steps are: (1) Rezoning or Use Designation, (2) Platting and Site Plan Approval, and (3) Building Plan Approval. These regulations deal only with the rezoning or use designation, platting and site plan requirements. Building plan approval is regulated by the rules and regulations of the Building Inspection Division in accordance with the uniform Building Code. There are several discretionary options available to an applicant depending on the size and complexity of the proposed development, and on the confidence an applicant has that his plan is viable, as well as acceptable to the City. There are requirements for an Outline Development Plan, a Preliminary Development Plan, and for a Final Development Plan. These plans may be submitted for review and approval either separately or combined (Expedited Procedures) as described below: 1. Outline Development Plan. a. An applicant, at his option, may submit an Outline Development Plan for approval of a change of zone and/or development concept and uses. The Outline Development Plan is the zoning or use designation step. It provides generalized graphic and written information on layout, uses, and character of development. Since minimal engineering detail is required, this step provides the lowest cost option for an applicant to gain approval of a change of zone, proposed uses, and site concept. b. EXPEDITED PROCEDURE: The Outline Development Plan may be submitted for consideration by itself, or it may be combined with a Preliminary Development Plan, and/or Final Development Plan. When the Outline Development Plan is combined with Preliminary and/or Final Plans, the plan shall be so designated, and all informational requirements of the combined plans shall be met. All the plans may be merged into a single combined Plan which contains all the required information in a legible form. C. An Outline Development Plan shall include both maps and a written statement and shall show enough of the area surrounding the site to demonstrate its relationship to adjoining uses, existing and proposed. d. The maps which are a part of the Outline Development Plan may be in general schematic form and shall contain the following minimum information: (1) The existing topographic character of the land at a contour interval not larger than five (5) feet. (2) General indication of areas to be landscaped. (3) Property boundaries as per accompanying legal description, lot lines, easements, rights-of-way. (4) Adjacent zoning, land use, streets, streams, etc. (5) Location of all existing and proposed streets within the site and ingress/egress points. (6) Approximate location and extent of major use areas. (7) Any significant landscape or land use features which may influence development. -3- (8) Scale (no less than one inch = 100 feet) and north arrow. (9) Small scale location map as an inset. e. A written statement shall be placed on the Outline Development Plan and shall contain the following information: (1) An explanation of the character of the planned development (e.g. architectural style, building materials, etc.) and the manner in which it will be so developed to take advantage of the Planned Com- mercial District regulations. (2) A statement indicating present ownership of all the land within the site. (3) A statement which indicates the proposed method of providing unified control throughout the development process. (4) A general indication of the expected utilization of the land and a list of possible uses to be included in the development. (5) Legal description (metes and bounds) of total site, including area. (6) Surveyor's Certification. (7) Project Data by Phase. (a) Building area and percent. (b) Paved area and percent. (c) Landscape area and percent, etc. (8) Development schedule by phase (see Section 20.E for limitations). f. The Outline Development Plan shall be recorded with the Jefferson County Clerk and Recorder and therefore must meet their basic requirements for recordation. Approval Certif- icates for Wheat Ridge City Council, Planning Commission, Community Development Director and County Clerk and Recorder must be placed on the Plan. g. Accompanying the application will be a fee of two hundred fifty (250) dollars if rezoning and development is applicable. This fee covers rezoning and Outline Plan or combined plan review. Additional plans submitted later for review (Preliminary, Final, or Plan Amendments) shall require a one hundred (100) dollar additional fee each. 2. Approval of Outline Development Plan for rezoning and/or development. a. After filing the Outline Development Plan for rezoning or site development, the Planning Commission shall hold a public hearing and shall forward a decision within 90 days of the first public hearing date exclusive of time requested by the applicant for continuances, to the City Council recommending that the rezoning be disapproved in whole or in part, approved in whole or in part, or approved in whole or in part with modifications and/or conditions and giving the reasons for the recommendations. b. The City Council shall give notice of public hearing to be held on the plan for rezoning. After the hearing, and within 90 days of the first City Council public hearing date exclusive of time requested by the applicant for continuances, Council shall disapprove, approve or approve with modifications or conditions the plan for the rezoning -4- and/or development. No building permits shall be issued on land within the development until a Final Development Plan has been reviewed by the Planning Commission and approved by City Council as provided for in the following sections. 3. Relationship to Subdivision Regulations. It is the intent of this ordinance that subdivision review be carried out simultaneously with the review of development plans required herein. All requirements of the Subdivision Regulations for a Preliminary and Final Plat, in addition to those of a Preliminary and Final Development Plan, must be satisfied if there are any parcel divisions created, or if there are any dedications for streets or other public purposes, or if a previously approved subdivision is amended in any way by the proposed development. All Planned Commercial Developments must meet the requirements of the Subdivision Regulations relative to park land dedication requirements. In cases where subdivision requirements are to be met described herein, the applicant may submit separate sheet(s) in addition to the subject Development Plan, the required platting information may be included on the same sheet(s) as the Development Plan so long as the title of the sheet(s) indicate that they are both an Official Development Plan and Plat. 4. Preliminary Development Plan (and Preliminary Plat). a. This step is necessary only where a multi-phased project is proposed or where five (5) or more lots or parcels are to be created. It permits the consideration of the platting details for the entire site as they relate to lots, streets, drainage, utilities, easements and other public improvements or needs. This step requires detailed preliminary plat information, but does not require the detailed site development information required with a Final Development Plan. The Preliminary Development Plan shall be consistent with the Approved Outline Development Plan, if applicable. b. The requirements of both this section, as well as the Subdivision Regulations, for a Preliminary Plat must be met. C. Expedited Procedure: The Preliminary Development Plan (and Plat) may be combined with an Outline Development Plan and/or a Final Development Plan. When the Preliminary Development Plan is combined, the Plan shall be so designated, and all requirements of the combined plans shall be met. d. The Preliminary Development Plan (and Plat) shall be drawn at a scale of not less than one (1) inch to one hundred (100) feet and containing the following: (1) Name of Proposed Plan (and Plat), date of preparation, scale and north arrow. (2) Legal description and area of entire parcel to be developed. (3) Small scale location map with zoning of adjacent surrounding properties. (4) Location of all existing and proposed public and private rights-of-way and easement lines located on and adjacent to the property which are proposed to be continued, created, relocated or abandoned. -5- (5)Existing grade and proposed finish grade of the site shown by contours with intervals not larger than two (2) feet. (6) The approximate location of every existing and proposed structure or building envelope in the described parcel, the expected use or uses to be contained therein, the number of buildings, and, the maximum gross floor area. (7) Location, dimensions and elevations of all existing and proposed streets, sidewalks, curbs, gutters, alleys, easements, drainage areas, irrigation ditches, lakes or ponds, and other significant features within or adjacent to the tract to be subdivided or developed. (8) Quantitative tabulations and percentages for building coverage, total lot coverage, parking areas, landscaped areas, open areas, etc. (9) Location of all proposed curb cuts, parking areas and loading areas. (10) Location of all proposed walks, malls and other open areas as they may relate to the entire site. (11) All existing and proposed water and sewer lines and their source of supply and all electric lines and their maximum capacity. (12) A drainage plan of the entire site. The approximate volume of water generated by expected development and the proposed method of disposing of said water. (13) Geological stability information when requested by the City. (14) Designation of the 100-year flood plain where applicable. (15) Development schedule by phase which indicates expected time of beginning and ending of construction. (See Section 20.E for limitations.) (16) Name, address and telephone number of owner and licensed surveyor, licensed engineer and designer of the plat. (17) Agreements, provisions, condominium declarations, covenants, etc. which govern the use maintenance and continued protection of the planned development and any of its common areas or facilities. e. The Preliminary Development Plan (and Plat) shall be recorded with the Jefferson County Clerk and Recorder and therefore must meet their basic requirements for recordation. Approval Certificates as required for a subdivision plat must be placed on the plat and signed prior to recording. 5. Approval of Preliminary Development Plan (and Plat). The Preliminary Development Plan (and Plat) shall be considered for approval under the following procedures: -6- a. The Planning Commission shall hold a public hearing and shall forward a decision within 90 days of the first public hearing date exclusive of time requested by the applicant for continuances, and shall recommend to City Council either disapproval, approval, or approval with modifications or conditions for the Preliminary Development Plan (and Plat). Notice of public hearing shall be given as required by law for a subdivision. b. The City Council shall hold a public hearing on the Preliminary Development Plan (and Plat) following the same procedures as set forth for the Planning Commission hearing and either approve, approve with modifications, or deny said plans (plat) within ninety (90) days of the first City Council public hearing date exclusive of time requested by the applicant for continuances. C. Building permits may not be issued on land within the Planned Development until the Final Development Plans for the development have been reviewed by Planning Commission and approved by City Council. 6. Final Development Plan (and Final Plat). a. The Final Development Plan (and Plat) provides the final engineering, platting, and site design details for final approval of one or more phases of a proposed development. This is the final development plan and platting step and culminates all of the requirements prior to submittal of building plans. b. The requirements of both this section as well as the Subdivision Regulations for a Final Plat must be met. If a Preliminary Development Plan has not previously been approved, the requirements of the Subdivision Regulations for a Preliminary Plat must also be met. C. EXPEDITED PROCEDURE: The Final Development Plan (and Plat) may be combined with an Outline Development Plan and/or Preliminary Development Plan, when a Preliminary Plan is required. When the Final Development Plan (and Plate) is combined, the Plan shall be so designated, and all requirements of the combined plans shall be met. d. Form and Content of the Final Development Plan. The Final Development Plan (and Plat) shall be consistent with the approved Outline and Preliminary Development Plans (if applicable). The Final Development Plan (and Plat) shall be drawn at a scale of no less than one (1) inch to one hundred (100) feet and contain the following: (1) The same information as required for a Preliminary Development Plan (and Plat) enumerated in Section 20.D.4 (if applicable). (2) Location, extent, type, and surfacing materials of all proposed walks, malls, paved areas, turfing and other areas not to be covered by buildings or structures. (3) Location, size, type, height and orientation of all signs and lighting structures. -7- (4) Location, type, size and quantities of all existing (to remain) and proposed plant materials and other landscape features and materials. Common and botanical names of all plant materials shall be indicated. Location and type of irrigation system (if any) shall be indicated. All landscaping shall meet the requirements of this section as well as Section 27.2. (5) Location extent and height of all walls, fences and screen plantings. (6) Location, extent, number of floors and maximum height, and total floor area of all buildings and structures. (7) Elevations and perspective drawings of all proposed structures and improvements indicating architectural style and building materials. The drawings need not be the result of final architectural design but of sufficient detail to permit evaluation. (8) Off-street parking and loading plan which indicates the size, location, and number of parking and loading spaces and which shows the proposed circulation of vehicles and pedestrians within the planned development and to and from existing or proposed public thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate and insure the safety of this circulation pattern must be shown. (9) Indication of all proposed uses for all buildings, structures and open areas. Outside storage and display must be indicated if proposed and shall be in accordance with the approved uses on the previous plan. (10) A development schedule indicating the approximate date on which construction of the project can be expected to begin and approximate dates when construction will be completed. If multi-phased project, indicate times for each phase. (11) Agreements, provisions, covenants, condominium declarations, etc., which govern the use, maintenance and continued protection of the planned development and any of its common areas and facilities. d. Approval of Final Development Plan: (1) A public hearing shall be scheduled before the Planning Commission after legal notification as required for a subdivision. (2) The Planning Commission shall make a decision within ninety (90) days of the first public hearing date exclusive of time requested by the applicant for continuances and shall recommend to City Council either approval or approval with modifications or conditions, or denial of the Final Development Plan. In making its decision, the Planning Commission must find that the Final Development Plan is in compliance with the approved outline Development Plan, Preliminary Development Plan (and Plat), if Preliminary Plan is applicable, and in compliance with the zoning ordinance and subdivision regulations. -8- (3) The City Council shall hold a public hearing on the Final Development Plan (and Plat) following the same procedures as for the Planning Commission hearing and shall disapprove in whole or in part, approve in whole or in part, or approve in whole or in part with modifications and/or conditions said plan (plat) within ninety (90) days of the first City Council public hearing date exclusive of time requested by the applicant for continuances. Upon approval and after making final corrections as stipulated by City Council, and after obtaining all required signatures and paying all required fees, the black line mylar reproducible shall be recorded by the County Clerk and entered as an "Official Development Plan of the City of Wheat Ridge." E. Construction: 1. All construction shall be in accordance with such "Official Development Plan of the City of Wheat Ridge" and shall be completed within the time limitation as stipulated on the Final Development Plan unless an extension of such time limit is approved by City Council. 2. Failure to complete construction at the termination of the initial time limitation, or such extension of time as may have been granted the applicant, shall be cause for action by City of Wheat Ridge to consider reclassification and rezoning of said site to a more restrictive zone classification or classifications. F. All development plans approved shall be binding upon the applicant, their successors and assigns and shall limit the development to all conditions and limitations established in such plans. G. Amendments: 1. Based upon showing of necessity therefore, minor changes in the locations of structures and their accessory uses may be permitted with the concurrence of the Director of Community Development and Chief Building Inspector if such changes will not cause any of the following circumstances to occur: a. Change in the character of the development. b. Increase in the intensity of use. C. Increase of the problems of circulation, safety and utilities. d. Increase of the external effects on the adjacent properties. e. Reduction in the originally approved setbacks from perimeter property lines of the Planned Commercial Development District of structures located adjacent to said property line. f. Increase in the ground coverage by structures beyond the authorized maximum allowed within the approved Planned Commercial Development. 2. Any changes or revisions not covered in 1 above must be considered as an Amendment to a Final Development Plan and shall require recommendation of Planning Commission and approval by City Council under procedures as set forth for approval of a Final Development Plan. -9- 3. Any changes or revisions of a Final Development Plan which are approved, either administratively or by Council action, must be recorded with the Jefferson County Recorder as amendments to the original recorded Final Development Plan. 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 ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances Section 4. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ AND ADOPTED on first reading by a vote of 8 to ---Q--on this 13th day of July , 1981, ordered published in full in a newspaper of good circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for August 10 , 1981, at 7:30 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 10th day of August 1981. SIGNED by the Mayor on this /~?`~day of,.~, ,_,e . 1981. FRANK STITES, MAYOR ATTEST: r _ ' Carol Hampf, CityLClerk 1st publication: July 16, 1981 2nd publication: Aug. 20, 1981 Wheat Ridge Sentinel Effective Date: Sept. 4, 1981 J /r ,