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HomeMy WebLinkAboutOrdinance-1984-0597INTRODUCED PY CWNCILMEMBER Snow ORDINANCE NO. 597 Series of 1984 TITLE: AN ORDINANCE TO AMELL`'D M EPT RIDGE CODE OF' LAWS, APPENDIX A, ZONING ORDINANCE, SECPION 27, REGULATIONS APPLICABLE TO ALL DISTRICTS PERTAINING TO PLANINED BUILDING GROUPS (PPG). BE IT ORDAINED BY THE CITY COUNCIL OF' THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws, Appendix A, Section 27, Regulations Applicable to All Districts, is hereby amended to include the following new Subsection B.2., Planned Building Groups (PBG), as follows: PICPOSED PLANITED BUILDING GROUP ORDINANCE - Amends Section 27. Requlations Applicable to All Districts "B.2. Planned Building Groups (PBG) a. Purpose The primary purpose of this provision is to allow flexibility and diversification in the location of structures and the design and land use of a lot held under single or corn-non ownership by permitting more than one main structure to be constructed thereon. It promotes better overall utilization of a building site by promoting improved vehicular and pedestrian circulation and access, rnore efficient layout of parking and a better overall landscape and architectural design scheme for the total site while at the same time insuring adequate standards relating to public health, safety, welfare and convenience in the use and occupancy of buildings and facilities in planning building groups. b. Scope & Limitations The procedures and provisions set forth in this section shall be applicable to all zone districts except the Planned Residential (PRD), Planned Commercial (PCD) and Planned Industrial (PID) zone districts as those district regulations provide for multiple main structures on a lot under different procedures and provisions. These provisions shall not be applicable to one family dwellings. It is not intended for this provision to be used to circumvent the requirements of the Zoning Ordinance for lot perimeter setbacks, lot coverage, residential density or any other provisions of the Zoning Ordinance except the requirement that only one main building is permitted on one lot. It also shall not be construed to waive any provisions of the Subdivision Regulations. Any subsequent division of a lot developed in accordance with the provisions set forth herein shall be required to meet all subdivision requirements. c. Application Procedures All applications for Planned Building Groups shall be filed with the Department of Community Development by the owner of the entire land area to be included within such plan and be accompanied by a fee of $100.00, adequate proof of ownership, a certified survey of the parcel and plans and plats showing at least the following details drawn to scale: (1) The land area to be included with the plan, the present zoning classification of the designated areas, the present zoning classification of property abutting the land area to be included within the plan and the location and alignment of all public and private rights-of-way and public improvements bounding and intersecting the designated areas which are proposed to be dedicated, continued, relocated, constructed or abandoned, with in public and private rights-of-way presently existing on abutting property; and -1- ORDINANCE NO. 597 (2) The proposed finished grade of the designated area, shown in contour intervals of not to exceed two (2) feet; and (3) The location of each existing and each proposed structure in the designated area, the use or uses to be contained therein, the number of stories, height, gross floor area and approximate location of entrances and loading points thereof; and (4) The location of all outside facilities for waste disposal or outside storage or display; and (5) All curb cuts, driving lanes, parking areas, loading areas, public transportation points and illumination facilities for the same; and (6) All pedestrian walks, malls and open areas for use by tenants or members of the public; and (7) The location and height of all walls, fences, and screen planting; and (8) The location, size, design, height and orientation of all signs; and (9) The types of surfacing, such as paving, turfing or gravel, to be used at the various locations; and (10) Accompanying all applications shall be a landscape plan which meets the requirements of Section 27.2.; and (11) Preliminary architectural elevations, with indication as to type of construction, shall be submitted on a separate drawing for review at a scale not less than one-eight inch equals one foot; and (12) Accompanying all applications shall be a drainage plan for the entire site. All applications under this section shall be reviewed by the Department of Community Development for completeness and if found to be complete, shall be transmitted to any other agency which might be affected by approval of such applications. Any such agency may transmit comments and recommendations to the Department of Community Development. The Planning Commission and/or City Council shall consider such agency comments and recommendations when establishing necessary conditions and limitations, and approving applications considered herein. d. Approval Procedures (1) Planning Commission Review Planning Commission shall review and make recommendation to City Council all applications for Planned Building Groups. Such applications shall be heard at public hearings, with notification and hearing procedures following those same procedures as for subdivision hearings. (2) City Council Review City Council shall review and decide upon all Planned Building Group applications forwarded by Planning Commission. Such hearings shall follow notification and hearing procedures as set forth for subdivision hearings. Appeal from a decision of the City Council shall be to the Jefferson County District Court as specified in the Colorado Rules of Civil Procedure. (3) Standards for Approval The Planning Commission and/or City Council shall have the right to establish necessary conditions and limitations in approving an application for a Planned Building Group, provided that the following standards shall be applied in establishing such conditions and limitations and in approving the Planned Building Group application: -2- ORDINANCE NO. 597 (a) That the proposed plan is consistent with the spirit and intent of the Zoning Ordinance and of the Comprehensive Plan and that it would not be contrary to the general welfare and economic prosperity of the city or the immediate neighborhood and that the plan has been prepared to achieve the benefit of improved design; (b) That there are provided an adequate amount and proper location of pedestrian walks, malls and landscaped spaces to prevent pedestrian use of vehicular ways and parking spaces, and to separate pedestrian walks, malls and public transportation loading places from general vehicular circulation facilities; (c) That the design provides for an arrangement of buildings and vehicular open spaces so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic, (d) That the plan provides for proper height, orientation and location of signs compatible with adjacent areas and with respect to traffic control devices; (e) That the design is adequate for internal efficiency of the plan, considering the functions of residents, tenants and users, and including but not limited to public access, safety, and such other factors including storm drainage facilities. (f) Adequate and convenient arrangement is provided for roadways, driveways, off-street parking and loading space, facilities for waste disposal, and illumination; (g) That external effects of the plan are controlled, including but not limited to movement and congestion of traffic, arrangement of signs, placing of lighting devices to prevent the occurrence of nuisances, and the prevention of the accumulation of litter and trash; (h) That the plan is in compliance with the building and fire codes relative to all aspects of construction and site development, including_ but not limited to accessibility by emergency vehicles. (i) That the plan has considered the comments and recommen- dations made by the various review agencies to the greatest extent possible or practical under the circumstances. (j) That necessary public improvements, including but not limited to, curb, gutter, sidewalk, roadway, and drainage facilities as required are provided for in the plan for construction and dedication. e. Recordings of Planned Building Group Plans All approved Planned Building Group plans, including all conditions and limitations stated thereon, shall be recorded in the office of the Jefferson County Clerk and Recorder as an "Official Development Plan", and no building_ or site preparation permits shall be issued on property subject to such plan until such plan has been duly recorded. Upon the face of such plan, the following Declaration, Signature Blocks, Approvals and Certifications shall be stated: -3- ORDINANCE NO. 59T Declaration of Planned Building Group Whereas, Insert name of all applicant(s) and owner(s), have submitted a planned building group plan for the City of Wheat Ridge's approval pursuant to Wheat Ridge Code of Laws, Section 27.b.2., et seq., for the land area legally described as: (Insert legal description of entire land area to be covered by the planned building Group); and WHEREAS, the City of Wheat Ridge has approved said plan on (Insert date of approval). Now, therefore, upon final approval of the planned building group by the City of Wheat Ridge, this declaration is notice to prospective purchasers of the land area and to all others that it is the subject of a planned building group and that said plan and the ordinances relating_ thereto are binding on subsequent purchasers, successors and assigns unless the plan is abandoned, amended or withdrawn in writing and duly recorded and shall limit the construction, use and operation of all land and structures included within such plans to all conditions and limitations set forth in such plans and ordinances. By : Name of Owner(s) Approved: Wheat Ridge Community Development Director State of Colorado County of The foregoing instrument was acknowledged before me this day of , A. D. 19 , by applicants or owners s . Witness by hand and official seal. My Comission Expires: (Name of all Notary Public Seal f. Amendment or Withdrawal of Recorded Planned Building Groups Pursuant to the same procedure and subject to the same limitations and requirements by which such plans were originally approved and recorded, Planned Building Group plans may be amended or withdrawn, either partially or completely, if all land and structures remaining under such plans can be made to comply with all conditions and limitations of such plans and all land and structures withdrawn from such plans can be made to comply with all regulations and ordinances of the City of Wheat Ridge unrelated to any special plan hereunder. Notwithstanding the above stated provisions, minor changes to Planned Building Group plans approved by either Planning Ccn nission or City Council may be approved administratively by the Director of Community Development provided that such minor chanq_es will not cause any of the following circumstances to occur: -4- oRDINANC-L No. 597 _ (1) A change in the character of the development; (2) An increase in the intensity of use; (3) A reduction in the originally approved separations or distances between buildings; (4) Any change which would create problems for circulation, or safety or with utilities, (5) An increase of the external effects on adjacent property; (6) A reduction in the originally approved setbacks from property lines which would violate the minimum setback requirements of the underlying zone; (7) An increase in total floor area or of the ground covered by structures; (8) A reduction in the ratio of off-street parking and loading space to gross floor area in structures. (9) An increase in approved residential densities. Any amendments to recorded Planned Buildinq Group plans, whether amended administratively or by action of Planning Commission or City Council, shall be recorded with the Jefferson County Clerk & Recorder in the same manner as the originally approved and recorded plan. Any withdrawal or partial withdrawal of an approved and recorded plan shall be certified by the recordation of a "Declaration of Withdrawal of a Planned Building Group". g. Subdivision of Land Subject to Planned Building Group Plan Wherein it is desired to subdivide a parcel of land, exclusive of condominium subdivision, which is either currently subject to, or is proposed to be subject to, the provisions of a Planned Building Group plan, all requirements of the underlying zone district shall apply, except that setback, from interior lot lines (that is lot lines not abutting public streets or abutting adjacent separately owned property) may be less than normally required if approved by Planning Commission and/or City Council at the time of subdivision approval. In addition, any land or facilities used in common, such as but not limited to drainage facilities and areas, common parking areas, ingress/egress drives, and landscaping or open space areas, shall be reserved by easement, or other acceptable instrument, for the continued right of common use of these areas or facilities. Maintenance of any such areas or facilities shall accrue to the owner of each individual lot wherein such common area or facility lies, except that other proper maintenance agreements may be acceptable if approved by the City Attorney. It is the intent of this Section 27.B.2. that subdivision review may be carried out simultaneously with the review of Planned Bui.ldinq Group plans permitted herein. All requirements of the Subdivision Regulations for either Minor (4 or fewer lots) or for major (5 or more lots) Subdivisions, in addition to those of a Planned Building Group Plan, must be satisfied if there are any parcel divisions created, or if there are any dedications for streets or other public purposes. In cases where subdivision requirements are to be met as described herein, the applicant must sutmit separate sheet(s) in addition to the Planned Building Group 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, acid 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. -5- oRDiNANCE No. 597 Section 3. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 4. This ordinance shall take effect 15 days after final publication. 11 TRODUC:ED, Pdl-.D, AIM AD0PTED on first reading by a vote of 8 to 0 on this 22nd day of October , 1984, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearinq and consideration on final passage set for December 10 , 1984, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOP'T'ED AND ORDERED PUBLIShED on second and final reading by a vote of to o_, this 10th day of December , 1984. SIGNED by the mayor on this 11t day of pPcPmbPr , 1984. jj I' IWanda Sang, City Cl-,1 1st Publication: October 25, 1984 2nd Publication: December 13, 1984 Wheat Ridge Sentinel Effective Date: December 28, 1984 FRANK STI , MAYOR APPROVED AS To FORM BY CITY ATTORNEY: JOM E. t,AYES, CITY ATTORNEY -6-