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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. - PAGE 5 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. ORDINANCE - . 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 l 4