HomeMy WebLinkAboutOrdinance-1981-0481INTRODUCED BY CUUNCILiIIEMIIBLR AIELLO
ORDINANCE NO. 481
Series of 1981
TITLE: AN ORDINANCE AMEtJDIliu SECTION 12 OF APPENDIX A, PLANNED
RESIDLIiTIAL DEVELOPMENT DISTRICT, OF THE CODE OF THE CITY OF
A'HEAT RIDGE, COLORADO.
BE IT ORDAINED BY THE CITY COU14CIL OF THE CITY OF MEAT RIDGE,
COLORADO, THAT:
Section 1. Appendix A, Planned Residential Development District, of
the City of Wheat Ridge, Colorado, Section 12 is hereby amended to
read as follows:
Section 12. Planned Residential Development District.
A. Generally.
This section is intended to provide the means and establish
guidelines whereby predominantly undeveloped tracts of land may
be developed through an overall approach rather than the normal
lot by lot method. It is intended to permit maximum design
freedom to the developer by more fully utilizing the physical
characteristics of the site. Through the requirements of a
development plan, it is the intent that property, under this
section, will be developed through a unified design providing
continuity between the various elements and ultimately leading to
a better environment. This section should not be construed as a
device for making increased densities more palatable or as a
means of circumventing the city's development regulations. This
section pertains only in instances where there is substantial
benefit for the community, but in any event, final regulations
shall be established by the City Council when determined to be in
the best interests of the public and overall development of the
city.
B. Use Regulations.
Planned Residential Developments 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 oy individual, corporate, or associate ownership, or by
acceptable agreements as approved by the City Attorney.
Development may include commercial development if approved by the
City Council, provided said commercial uses do not exceed 10; of
the gross lot area.
C. General Regulations.
Height, setback, access, screening of service areas and all other
requirements for a controlled area regulation shall be considered
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 Council which may
solve problems within the proposed rezoning area.
D. Rezoning and/or Development Application Procedures:
Persons shall make application for approval of Planned
Residential District or development, redevelopment, alteration,
or addition to 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:
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 mininal 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 PROCEDUHE: 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 :naps 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.
(a) Scale (no less than one inch = 100 feet) and north
arrow.
(9) Small scale location map as an inset.
(10) Case history Klock.
e. A written statement shall be placed on the Outline
Development Plan and shall contain the following
information:
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(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 sc
developed to take advantage of the Planned Residential
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.
(d) Plumber of dwelling units and density, etc.
(8) Development schedule by phase (see Section 12.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
Certificates 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 it
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
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.
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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 Residential 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, north arrow, and case history
block.
(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) 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, the maximum
gross floor area, and, the total number of dwelling
units.
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(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 12.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:
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, 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.
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6.
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.
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
culLninates 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 Plat) is
combined, the Plan shall be so designated, and all
requirements of the combined plans shall be met.
d. For:n 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
12.D.4 (if applicable).
(2) Location, extent, type, and surfacing materials of
all 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.
(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,
Landscaping Requirements.
(5) Location extent and height of all walls, fences and
screen plantings.
(6) Location, extent, number of floors and maximum
height, total floor area of all buildings and
structures, and total number of dwelling units.
(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
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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.
(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
"Official Development Plan of
shall be completed within the
on the Final Development Plan
time limit is approved by City
in accordance with such
the City of Wheat Ridge" and
time limitation as stipulated
unless an extension of such
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 wore restrictive zone
classification or classifications.
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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
9 I(''I ;)i.lns.
IT . -irl ) I IQ,?~I` 3 :
1 "31-3>i ipon 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 Residential
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 Residential 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.
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 tht 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.
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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 0
on this 23rd day of November , 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
December 21 , 1981, at '7:30 P.M., in the Council Chambers, 7500 Test
29th Avenue;~Wheat Ridge, Colorado.
READ, ADOPTED
AND ORDERED PUBLISHED on
second and
final reading by a
vote of 8 to
0 this 21st day of
December
, 1981
SIGNED by the
Mayor on this 22r1d day of
December__
, 1981 .
L
FF RANK STITES, IMA
ATTEST:
Carol Hampf, Ci clerk
1st publication: Dec. 3, 1981
2nd publication: Dec. 24, 1981
Published: Wheat Ridge Sentinel
Effective Date: ,Jan. 8, 1982
APPROVED AS TO FORM BY CITY ATTORNEY
J0 M E. HAYES CI Y AT iORNEY
07.)
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