HomeMy WebLinkAboutOrdinance-1982-0513INTRODUCED BY COUNCI.1FMBER BURT
ORDINANCE NO. 513
Series of 1982
TITLE: AN ORDINANICE REPEALING SECTION 21 OF APPENDIX A AND
REENACTING SAID SECTION 21, PLANNED INDUSTRIAL
DISTRICT, OF THE CODE OF LAWS OF THE CITY OF WHEAT
RIDGE, COLORADO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Chapter 21 of Appendix A of the Code of Laws of the
City of 4iieat Ridge, Colorado, is hereby amended by repealing
Section 21 in its entirety.
Section 2. The Code of Laws of the City of Wheat Ridge,
Colorado, is hereby amended by adding the following Section:
Section 21. Planned Industrial District.
A. Intent and Purpose.
The intent of this district is to permit the establishment of
well-designed industrial developments through the use of an
Official Development Plan, which insures compatibility with
nearby industrial and non-industrial development. This
recognizes the great variety of land use intensities and
environmental interfaces which are possible in the Industrial
District. The general purposes of this district are as follows:
1. To accomplish compatible development with adjacent
industrial, commercial and/or residential land uses through
proper land use transitions and buffering techniques.
2. To promote flexibility in design and permit
diversification in the location of structures;
3. To promote the efficient use of land to facilitate a more
economic arrangement of buildings, circulation systems, land
use, and utilities;
4. To preserve to the greatest extent possible the existing
landscape features and to minimize impacts on other natural
features of the site;
5. To provide for more usable space through the combination
and grouping of structures, parking, loading and storage
areas;
6. To combine and coordinate architectural styles, building
forms and building relationships within the planned
developments; and
7. To insure a quality of construction commensurated with
other development within the city.
Wiere Planning Commission and City Council determine that it
is in the best interest of the City, established standards for
height (dec. 21, E) or area regulations (Sec. 21, F) may be
varied, thus providing flexibility in design. It is intended to
allow the optimum use of a site while encouraging innovation in
design and site utilization by providing for the ability to vary
certain said standards so long as the overall average for any
particular standard varied meets or exceeds the minimum
requirements.
B. Use Regulations.
No building or land shall be used and no building shall be
hereafter erected, converted, or structurally altered unless
otherwise provided herein except for one or more of the following
uses. The following list of uses are the only uses which may be
permitted within the Industrial District.
ORDI NA14CE
PAGE z
The approved Outline Development Plan, as required under
subsection H, shall specify the generally permitted uses in the
overall development. The specific uses allowed shall be listed
on the Final Development Plan. Those uses not generally or
specifically permitted are prohibited.
1. Any use in the Commercial-One District or Commercial-Two
District.
2. Commercial wholesale greenhouses.
3. Manufacturing, processing or assembling or a combination
of the following:
a. Instruments of professional, scientific,
photographic, optical and other similar uses.
b. Electrical machinery, equipment and supplies.
C. Fountain and beverage dispensing equipment.
d. Plywood, furniture and similar wood products.
e. Small items such as toys, clocks, jewelry, fountain
pens, pencils and plastic products.
f. Transportation equipment.
g. Candy.
h. Foods (processing and/or canning).
i. Glass and glass products.
j. Other similar uses.
4. Printing, engraving and other related reproduction
processes.
5. Custom fabrication.
6. Research laboratories, offices and other facilities for
research, both basic and applied, conducted by or for any
individual, organization or concern, whether public or
private.
7. Retail sales of any commodity that is manufactured,
processed, or fabricated only on the premises; and equipment,
supplies and materials designed especially for use in
agriculture, mining, industry, business, transportation,
building and other construction.
8. Repair, rental and servicing of any commodity that the
manufacture, fabrication, processing, or sale of which is
permitted in the district.
9. Retail uses incidental to and in support of any use(s)
permitted in this district shall include, but not be limited
to, retail uses such as cafeterias, soda or dairy bars and
shops on the same tract or lot as the permitted use. Any
such retail use shall be wholly within a building; and shall
have no exterior advertising display.
10. Offices such as engineering, architectural, design, etc.
which are related to the industrial concept.
11. Schools for industrial or business training.
12. Railroad facilities exclusive of yard, maintenance and
fueling facilities. Lot lines abutting railroad right-of-way
shall have constructed upon them a fence of minimum height of
six (6) feet.
13. Operations required to maintain or support any use
permitted on the same tract or lot as permitted use, such as
maintenance shops, power plants, machine shops, and the
keeping of security animals.
14. Terminals for public transit vehicles.
15. Building materials, retail and wholesale sales yards.
16. Broom factory.
17. Cabinet and woodworking shops.
18. Carting, express, hauling or storage yard.
19. Carpet cleaning and fumigating.
20. Cereal mills.
21. Cheese factory.
22. Contractor's plant or storage yard.
23. Electrical motors and armature regrinding shops.
24. Film developing plants.
25. Ice plants.
26. Stone cutting or polishing works.
27. Inside storage, and outside storage in accordance with
G.12, of goods, materials and products related to the primary
permitted use. This excludes general warehousing operations,
however mini-warehouses are permitted. For the purpose of
this Section, the term mini-warehouse shall mean operations
where in a structure or structures are divided into multiple
small storage units with an at grade loading, each unit not
exceeding 500 square feet, and which are rented or may be
sold as condominium storage space.
28. Manufacture of vaccines, serums and toxins; provided,
that an antidote exists and is readily available for such
vaccine, serums, or toxins; provided that approval of such
manufacture is received from the state department of health
and the county health department.
29. Other similar uses as approved by City Council.
C. Special Use Permits.
The following uses shall be permitted only on approval of the
Planning Commission and City Council by a Special Use Permit and
shall not require a development plan under subsections H and I
unless otherwise stated or stipulated on the Special Use Permit
approval.
1. Residential dwelling and/or living quarters.
2. Governmental buildings, fire stations and public utility
buildings.
3. Water supply reservoir, wells, water towers, and filter
beds.
4. Outside storage of vehicles or parking of garbage trucks,
when entirely enclosed within an opaque fence. Auto salvage
businesses or junk yards are not allowed within this
subsection.
5. Kennels.
6. Manufacturing, fabrication and/or processing of concrete
products. Development plan requirements under subsections H
and I shall be met.
D. Uses Prohibited.
Due to the limited area available for the following uses and
the proximity to residential uses, the following uses are
specifically prohibited. In no instance shall any use listed
below be interpreted as a similar use to a permitted use.
1. Wholesale or retail sale or storage of the following:
a. Live animals except for kennels.
b. Explosives.
-3-
ORDINANCE .
PAGE 4
c. Junk.
d. Gasoline bulk storage exceeding two thousand (2,000)
gallons including storage for uses incidental or
accessory, to any use permitted in this district.
e. Explosive or highly corrosive chemicals such as
metalic magnesium, metalic sodium, metalic potassium, or
elemental phosphorus.
2. Basic manufacture of any of the following:
a. Abrasives.
b. Alcoholic beverages distillation.
C. Animal products.
d. Bone black.
e. Fermented malt beverages.
f. Carbon black and lamp black.
g. Charcoal.
h. Cinder or other blocks.
i. Clay or clay products.
j. Detergents, soaps and by-products using animal fat.
k. Fermented fruit and vegetable products.
1. Gases, other than those used in accordance with B.6.
m. Concrete or cement.
n. Glue and size.
o. Gypsum and other forms of plaster base.
p. Matches.
q. Metal ingots, pigs, sand castings, sheets or bars.
r. Oils and fats - animal and vegetable.
S. Paper pulp and cellulose.
t. Portland and similar cements.
U. Turpentine.
V. Wax and wax products.
W. Other similar uses.
3. Manufacturing, fabrication and/or processing of any of
the following:
a. Chemicals, heavy or industrial.
b. Coal or coke.
C. Insulation, flammable type.
d. Parafins, petroleum or petroleum products.
e. Paints, pigments, enamels, japans, lacquers, putties,
varnishes, whiting and wood fillers.
f. Other similar uses.
4. Meat slaughtering or rendering.
5. Metals, extraction or smelting.
6. Rubber manufacturing, processing or reclamation.
7. Sawmill or planing mill.
8. Tanning.
9. Wood preserving by creosoting or other pressure
impregnation of wood by preservatives.
10. Warehousing, both inside and outside, of any goods,
materials or products, unless ancillary to the primary
permitted use of the site as permitted in B.28.
11. Other similar uses.
E. Height Regulation.
1. No building shall exceed fifty (50) feet in height,
except as provided for in Paragraph A. In considering
varying said height limitation to permit higher structures or
portions of structures, Planning Commission and City Council
shall insure that the average height of the structure or
ORDINANCE iarj.
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structures does not exceed fifty (50) feet, and that the
external affect of any such higher structure or structures as
perceived by site line from any adjacent property line, shall
not exceed the equivalent of a fifty (50) foot high structure
at minimum setback from such property line(s).
F. Area Regulations.
1. Area of lot. There shall be a minimum lot or tract size
of one (1) acre (43,560 square feet) for any use(s) in the
Industrial District.
2. Width of lot. The minimum width of lot or tract shall be
one hundred (100) feet where width of lot is measured along a
public street or at setback line from such public street.
3. Front yard. The minimum depth of front yard for each lot
or tract shall be fifty (50) feet from any existing or
proposed road right-of-way, except as provided in paragraph
A. In considering varying said front yard setback limitation
to permit a lessor setback, Planning Commission and City
Council shall insure that the average setback of the
structure or structures is not less than fifty (50) feet, and
in no instance shall a front yard setback be less than thirty
(30) feet in depth.
4. Side yard. The minimum width of side yard shall be
twenty-five (25) feet except where lot or tract abuts a
residentially zoned tract or lots in which case a minimum
side yard of seventy-five (75) feet shall be required. Such
standards shall apply except as provided for in paragraph A.
In considering varying said side yard setback limitation to
permit a lessor setback, Planning Commission and City Council
shall insure that the average setback of the structure or
structures is not less than twenty-five (25) feet, and that
no existing or necessary future easements or firelanes are
encroached upon, and that all building and fire codes are met
for the type of construction and occupancy, and in no
instance shall the minimum side yard setback of seventy-five
('75) feet be varied where a lot or tract abuts a
residentially zoned tract or lot.
5. Rear yard. The minimum depth or rear yard shall be
twenty (20) feet except where lot or tract abuts railroad
right-of-way incidental to use permitted where no depth is
required. Lots on tracts abutting residentially zoned tracts
or lots shall have a minimum depth of seventy-five (75) feet.
Such standard shall apply except as provided for in paragraph
A. In considering varying said side yard setback limitation
to permit a lessor setback, Planning Commission and City
Council shall insure that the average setback of the
structure or structures is not less than twenty (20) feet,
and that no existing or necessary future easement or
firelanes are encroached upon, and that all building and fire
codes are met for the type of construction and occupancy, and
in no instance shall the minimum side yard setback of
seventy-five (75) feet be varied where a lot or tract abuts a
residentially zoned tract or lot.
h. Maximum lot coverage. [do use shall exceed fifty (50)
percent of the total area of the lot and no use with its
incidental parking and storage shall exceed seventy-five (75)
percent of the total area. The balance of twenty-five (25)
percent shall be landscaped.
G. Performance Standards.
Effects of concurrent operations: The sum total of the
effects of concurrent operations on two or more tracts measured
at any property line shall not be greater or more offensive to
the senses than the standards contained herein. Compliance with
ORDINANCE _ PAGE 6
the provisions of these performance standards by single or mutual
changes in operational levels, scheduling of operations and other
adjustments is permitted. For any proposed use or changes in
operation which will or may create environmental impacts as
described in 3., 4.9 5., 7., 8., 9.1 10., or 11. below, an
assessment report of such possible impacts and their level or
intensity of impact compared to the acceptable performance
criteria as setforth herein shall be submitted for review and
approval to the City of Wheat Ridge either along with any
development plans required by this Section 21, or in the case of
changes in operations, a report shall be submitted. Upon
approval of such assessment report and related Final Development
Plan, the applicant, and/or operator or tenant, and/or owner, his
successors, assigns or heirs, shall assume responsibility for
full compliance with required performance standards and shall be
held fully liable for any future non-compliance with such
provisions. In lieu of an annual Proof of Conformance Report as
previously required, proof of conformance shall be required of
the owner, operator, or tenant by the City of Wheat Ridge
whenever there is justifiable reason to believe a state of
non-compliance exists.
1. Building enclosures. Every use shall be operated in its
entirety within a completely enclosed building unless
otherwise specified.
2. Landscaping. Landscaping shall meet the requirements of
Section 27.2 with the exception that total landscaped areas
shall be at least twenty-five (25) percent of gross lot area.
3. Noise. Noise shall be measured on any property line of
the tract on which the operation is located and shall be
muffled so as not to become objectionable due to
intermittence, beat frequency, shrillness or intensity.
Noise shall be regulated so as to be in compliance with the
Colorado Noise Abatement Act, Colorado Revised Statutes,
25-12-1019 as amended.
4. Odors. Odors from any use hereafter begun shall not be
discernible at the property line to a greater degree than
odors from plants for the manufacturing or fabrication of
books, textile weaves, electronic equipment, or other plants
in which operations do not result in greater degree of odors.
The values given in Table III (Odor Thresholds) Chapter 5,
"Physiological Effects", in the "Air Pollution Abatement
Manual", by the Manufacturing Chemist's Association, Inc.,
Washington, D.C. copyright 1951, shall be used as standard in
case of doubt concerning the character of odor emitted. In
such cases, the smallest value given in Table III shall be
the maximum odor permitted. Detailed plans for the prevention
of odors crossing property lines may be required before the
issuance of a Building Permit. Colorado Department of
Health, Air Quality Control Commission's Regulation 2, "Odor
Emission Regulation", effective April 20, 1971, should be
complied with when found to be more restrictive than the
values of the "Air Pollution Abatement Manual".
5. Glare. Glare, whether direct or reflected, such as from
floodlights or high temperature processes, and as
differentiated from general illumination, shall not be
visible at any property line.
6. Exterior lighting. Any lights used for exterior
illumination shall direct light away from adjoining
properties.
7. Vibration. Vibration shall not be discernible at any
property line to the human sense of feeling for three (3)
minutes or more duration in any one hour. Vibration at any
time shall not produce an acceleration for more than 0.1
gravities or shall result in any combination of amplitudes
and frequencies beyond the "safe" range of Table VII, United
ORDINANCE
PACE 7
States Bureau of Mines Bulletin No. 442, "Seismic Effects of
Quarry Blasting", on any structure. The methods and
equations of said Bulletin No. 442 shall be used to compute
all values for the enforcement of this provision.
8. Emission control of smoke, dust and gases.
a. Smoke. Smoke emissions and capacity levels shall be
regulated so as to be in compliance with the Colorado
Department of Health, Air Quality Control Commission's
Regulation 1, "Emission Control Regulations for
Particulates, Smokes, and Sulfur Oxides for the State of
Colorado", effective May 30, 1982.
b. Dust and other particulates. Fugitive dust and other
particulate matter from fuel-burning equipment, refuse
burning facilities, and manufacturing shall be controlled
in accordance with the Colorado Department of Health, Air
Quality Control Commission's, Regulation 1, "Emmission
Control Regulations for Particulates, Smokes, and Sulfur
Oxides for the State of Colorado", effective May 30,
1982.
c. Gases. Detailed plans for the elimination of fumes
or gases may be required before the issuance of a
building permit. Sulfur oxide emissions shall be
governed by the above stated "Emission Control
Regulations for Particulates, Smokes, and Sulfur Oxides
for the State of Colorado".
9. Hazard. Any research operation shall be carried on with
reasonable precautions against fire and explosion hazards.
10. Radiation control. Radiation and the utilization of
radioactive materials shall be regulated so as to conform
with the Colorado Department of Health's "Rules and
Regulations Pertaining to Radiation Control", approval by the
Radiation Advisory Committee of Colorado, adopted by the
Colorado State Board of Health on March 3, 1978, and
effective April 1, 1918, and as revised August 1981 and
effective October 1, 1981.
11. Electrical radiation. Any electrical radiation shall not
adversely affect at any point any operations or any equipment
other than those of the creator of the radiation. Avoidance
of adverse effects from electrical radiation by appropriate
single or mutual scheduling of operations is permitted.
12. Storage. No materials or supplies shall be stored or
permitted to remain on any part of the property outside the
buildings constructed thereon unless approved as part of the
Final Development Plan. Any finished products or
semi-finished products stored on the property outside of said
buildings shall be confined to the rear one half (112) of the
property, but shall in no instance be placed on that side of
the building paralleling an existing or proposed street.
Such outside storage shall be screened so as not be be
visible from any property line. Display of finished product
for retail sale is permitted within the front one half (112)
of the property.
13. Waste. No waste material or refuse shall be dumped upon
or permitted to remain upon any part of the property within
an Industrial District outside of buildings constructed
thereon. In addition to the foregoing, the property shall
not be used by any industry whose primary business requires
industrial sewerage, unless the then governing sanitation
authorities authorizes the use of its sewage disposal
facilities or said industry constructs its own disposal
plant. Ali plans for waste disposal facilities shall be
required before the issuance of any building permit.
ORDINANCE
H. Rezoning and/or Development Application Procedures.
PAGE 8
Persons shall make application for approval of an Industrial
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:
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
least cost avenue for an applicant to gain approval of a
change of zone, proposed uses, and site concept.
b. EXPEDITED PROCEDURES: 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 najor use
areas.
(7) Any significant landscape or land use features
which may influence development.
(8) Scale (no less than one inch = 100 feet) and
north arrow.
(9) Need 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:
ORDINANCE ,~j.
- PAGE 9
(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 Industrial
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) Surveyors Certification.
(7) Project Data by Phase.
(a) Building Area and Percent.
(b) Paved Area and Percent.
(c) Landscape Area and Percent
(d) Etc.
(8) Development schedule by phase. (See Section 21.1
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 ninety (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 ninety (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 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.
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
ORDINANCE
PAGE 10
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
Industrial developments must meet the requirements of the
Subdivision Regulations relative to parkland dedication
requirements. In cases where subdivision requirements are to
be met as 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.
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) 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.
(3) Quantitative tabulations and percentages for
building coverage, total lot coverage, parking areas,
landscaped areas, open ares, etc.
(9) Location of ail 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.
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PAGE 11
(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 21.1 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 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 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 for the Planning Commission hearing and
either 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.
5. 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 PROCEDURES: 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
ORDINANCE , PAGE 12
Plan (and Plat) is combined, the Plan shall be so
designated, and all requirements of the combined plans
shall be met.
d. FORA 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 21 .11, 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.
(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.
(0) Location of all walls, fences and screen
plantings.
(5; Location, extent, number of floors and maxtrnurn
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. Tite
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 develop"ent 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.
e. Approval of Final Development Plan:
(1) A public hearing shall be scheduled before the
Planning Commission after proper 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
ORDINANCE r .
PAGE 13
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
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 with modifications and/or
conditions said plan (plat) within ninety (90) days
of the first City Council public hearing date
exclusive of the 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 blackline mylar reproducible shall
be recorded by the County Clerk and entered as an
"Official Development Plan of the City of dheat
Ridge".
I. 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 stipulatd 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
the City Council of the City of Wheat Ridge to consider
reclassification and zoning of said site to a more
restrictive zone classification or classifications.
J. 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.
K. 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 circ.crostances 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 building
setbacks from perimeter property lines;
f. Increase in the ground coverage by structures beyond
the authorized maximum allowed within the approved Final
Development Plan.
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 setforth 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
ORDINANCE
PAGE 14
action, must be recorded with the Jefferson County Recorder
as amendments to the original recorded Final Development
Plan.
Section 3. 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 4. 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 5. This ordinance shall take effect one (1) day after
final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5
to 3 this 11th day of October , 1982; 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 Noyember_8 , 1982, at 7:30 o'clock p.m., at Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading
by a vote of 5 to 3 , this 8th day of November , 1982.
SIGNED by the Mayor this 10th day of November, 1982.
ATTEST:
1
Carol F. Hampf, City erk
1st Publication: Oct. 14, 1982
2nd Publication: Nov. 18 1982
Effective Date: Nov. 19 1982
APPROVED AS TO FORM BY
OFFICE OF CITY' ATTORNEY:
,s
Ft
John E.~Hayes, City ttorney
t
Frank Stites, Mayor
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