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HomeMy WebLinkAboutOrdinance-1989-0807INTRODUCED BY COUNCILMEMBER IBBISON Ordinance No. 807 Series of 1989 TITLE: AN ORDINANCE REPEALING AND REENACTING VARIOUS SECTIONS OF APPENDIX A. ZONING ORDINANCE, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE RELATING TO PLANNED DEVELOPMENT AND HOSPITAL DISTRICTS: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Appendix A. Zoning Ordinance of the Code of Laws of the City of Wheat Ridge Section 12. Planned Residential Development District, Section 13. Planned Mobile Home-Recreation Coach District, Section 20. Planned Commercial District, Section 21. Planned Industrial District, Section 22. Hospital-One District, and Section 23. Hospital-Two District are hereby repealed in their entirety. Section 2. Appendix A. Zoning Ordinance of the Code of Laws of the City of Wheat Ridge is hereby amended by the addition of the following Section 20. Planned Development Districts: SECTION 20. PLANNED DEVELOPMENT DISTRICTS TABLE OF CONTENTS I. Scope II. Intent and Purpose III. Applicability IV. Use and Development Regulations V. Application for Planned Developments VI. Interpretation of Errors and Omissions VII Construction VIII.Binding Upon Successors and Assigns IX. Amendments to Development Plans X. Temporary Use Provision I. SCOPE. There is hereby created a Planned Development District to further promote the public health, safety and general welfare by permitting greater flexibility and innovation in land development based upon a comprehensive, integrated plan. For the purpose of applying certain regulations and standards, and to insure maximum flexibility of this District, the District is divided into the following subdistrict designations, based on the primary land use of a proposed development plan or portion thereof: A. Planned Residential Development - PRD 1 B. Planned Commercial Development- PCD C. Planned Industrial Development- PID D. Planned Mobile Home Development- PMHD E. Planned Recreational Vehicle Park Development- PRVD F. Planned Hospital Development- PHD By creating the above subdistricts, the City Council recogniz- es that all standards and regulations do not apply uniformly to all land uses. These subdistricts may exist singly, or in combination, within any approved Planned Development, provided that the specific standards and regulations applicable to the subdistrict are met. II.INTENT AND PURPOSE. The intent of the Planned Development District is to promote the establishment of well designed innovative developments which may not be permitted by a standard zone district, howev- er which may be permitted through the use of an approved Development Plan, by assuring greater control and specificity of intended development character, use, operations, and main- tenance, while at the same time allowing flexibility and diversity. This district recognizes the great variety of land use intensities, densities and environmental and land use interfaces which are possible. The protective standards for site use, development, operations and maintenance contained herein are intended to minimize any adverse effect of the Planned Development to the community, by achieving maximum compatible integration of land uses, by assuring adequate provision of public services and facilities, by preserving the aesthetic qualities of the area, and by providing for safe and efficient use of the land resource itself. It is the specific intent and requirement that all land under consideration for a Planned Development designation and all land so zoned shall be and remain under UNIFIED CONTROL throughout the planning and development phases, as well as after development through continuous operation, use, and maintenance. Unified Control, for purposes of this Section 20 , shall mean that the property shall be: 1. Subject to a single ownership, either by an individual, corporation, partnership or other legally recognized entity; or 2. Subject to a comprehensive management agreement, or other form of agreement, (which shall be denominated a "Unified Control statement") which specifies that a distinct person or entity possesses and maintains the authority to make binding commitments on behalf of, and 2 thereafter to enforce implementation of those commitments upon and on behalf of, the owner(s) of the property. Said Unified Control shall be required to be in place and maintained: 1. Throughout the application process to obtain a Planned Development district zoning designation; and 2. Throughout construction and/or development of the property so zoned; and 3. For so long as the property is zoned and/or used as a Planned Development. Unified Control is vital to the City to ensure that Planned Development projects are developed according to their original concept as approved and adopted by the City, and so that said projects, once developed, continue to be operated and maintained in accordance with the original concept as approved and adopted by the City Council. Unified Control shall be achieved through a written Unified Control Statement, which shall be approved by the City Council as part of the approval of the Outline Development Plan. The general purposes of this section are as follows: A. To accomplish compatible development with adjacent com- mercial, residential and/or industrial land uses through proper land use transitions and buffering techniques. B. To promote flexibility in design and permit diversification in the location of structures. C. To promote the efficient use of land to facilitate a more economic arrangement of building, circulation systems, land use, and utilities. D. To preserve, to the greatest extent possiblo the existing landscape features and to minimize impacts on other natural features of the site. E. To provide for more usable space through the combination and grouping of structures, parking, loading and storage areas. F. To combine and coordinate architectural styles, building forms and building relationships within the Planned Devel- opments. 3 G. To minimize traffic congestion on public streets, control street access, and to provide for well designed interior circulation. H. To insure that adequate public utilities and facilities are available within the area, to serve the specific develop- ment. 1. To promote conformance with the adopted Comprehensive Plan, established policies and guidelines for the area and for the community. III. APPLICABILITY. A Planned Development District of any nature (private, public or quasi-public) may be approved for any single use, or any combination of uses, provided that the intent and purposes of this Section are met, and provided that the general health, safety and welfare of the community are advanced through its approval. The provisions herein contained shall apply to the following: A. Any new application for a rezoning to a Planned Development District. B. Any application for amendment to an existing Planned Residential (PRD), Planned Commercial (PCD), Planned Industrial (PID), Planned Mobile Home (PMHD), or Planned Recreational Park (PRVD), Development District approved by the City of Wheat Ridge prior to the date of adoption of these provisions. C. Any application for amendment to an existing Planned Development District approved by Jefferson County prior to incorporation or annexation. IV. USE AND DEVELOPMENT REGULATIONS: A. GENERAL REGULATIONS. Each Planned Development District establishes its own list of permitted uses, as well as development and use standards and requirements, and such are specifically set forth in the Development Plan, and reviewed by Planning Commission and approved by City Council. However, approval of uses stated in the Outline Development Plan constitutes tentative approval only of the uses so stated. The Planning Commission and/or City Council specifically retains jurisdiction to limit the approved uses to be made of, and on, the property at the time of Final Development Plan approval upon an expressed finding, based upon evidence deemed persuasive and adequately appearing in the record of the public hearing before either the Planning Commission or the City Council, that the uses so limited or denied are incompatible with uses made on surrounding 4 properties or elsewhere within the Planned Development District; or such uses as proposed would create excessive traffic, noise or air pollution; or that such uses would result in a density or intensity of use which would be daamaging or deleterious to the stability, unified operation, or integrity (both econimic and aesthetic) of the surrounding area. Approval of the Outline Development Plan shall not be construed to be approval of a Preliminary Development Plan or a Final Development except in respect to general concept. In reviewing a specific request to establish a Planned Development District, or amendment to an existing one, Planning Commission and City Council shall consider standards for similar uses in other Wheat Ridge zone districts, unless otherwise specifically provided herein. Requirements for setback, lot coverage, height, density, area, buffering, landscaping, signage, etc., may be more or less restrictive than such requirements in similar zone districts, based upon findings of Planning Commission and City Council which consid- er a combination of factors including but not limited to, type and intensity of uses proposed, size and shape of parcel, location, adjacent uses, adequacy of public facilities, etc. It is the intent of this District to provide a means for allowing innovation and flexibility in design and use of specific sites, but the provisions of this district shall not be used merely to circumvent the absolute standards of other similar districts. B. SPECIFIC REGULATIONS. 1. PLANNED RESIDENTIAL DEVELOPMENTS (PRD): a. Allowable Uses: The following uses hereinafter listed shall be permitted only as specifically designated on the approved Final Development Plan: (1) All permitted uses and accessory uses in the Residential Districts. (2) The following retail service uses may be included within a PRD subject to the conditions set forth in Subsection K. (a) Barber and beauty shops (b) Drugstore and pharmacies (c) Grocery store, convenience-type limited to 5000 square feet maximum. (d) Laundry and dry cleaning pick-up; and coin- operated laundry establishments. (e) Office for sales, lease, or other use reasonably associated with the Planned Resi- dential District. 5 (f) Other uses approved by the Zoning Administra- tor as being similar in character and impact to those uses specifically permitted under this Section when consideration is given to traffic impact and parking needs associated with the recommended use. (3) Accessory uses and structures customarily associated with the permitted uses as shown on the approved plan. b. Area: Each Planned Residential Development District shall be a minimum of 1 acre. C. Density: Maximum 21 dwelling units per acre. d. Height: Maximum 35 feet e. Perimeter Setbacks: Setback requirements for buildings adjacent to the perimeter of a Planned Residential Development district shall be established using setback regulations established in standard Wheat Ridge Resi- dential Zone Districts. Exceptions to those standards may be approved by City Council based upon a finding that a lessor setback would not be detrimental to the use and enjoyment of adjacent properties, would not negatively affect neighborhood property values, and would not be otherwise injurious to the public health, safety and welfare. f. Lot Coverage: Maximum 75%.(See Section 28. for defini- tion) g. Landscaping: Minimum 25% (See Section 27.2) h. Parking: based upon specific uses (See Section 27.1) i. Fences and Walls: as specifically detailed on an approved Final Development Plan, otherwise follow requirements of Section 27.M. j. Signage: as specifically detailed on an approved on Final Development Plan, otherwise follow requirements of Section 19.A. k. Commercial Use Conditions: (1) Commercial uses shall be allowed only where specifically approved in a Final Development Plan. (2) Commercial uses, including all associated land used for building space, parking, and landscaping, shall not exceed 25% of the gross area included 6 within a particular Planned Residential Develop- ment District. (3) Land used for commercial uses shall be calculated separately, and may not be included in the land area used to calculate the maximum of 21 units per acre mandated by Wheat Ridge Home Rule Charter. To ensure this, where commercial uses are a part of a Planned Residential Development, the area used for commercial purposes shall be clearly delineated on the plan, including areas used for parking, ingress, egress, landscaping, etc. If the commercial uses are part of a generally resi- dential building, or for other reasons cannot be clearly separated from the residential areas, the land attributable to the commercial use shall be considered to be the building square footage occupied by commercial uses, the required parking, and a proportionate share of the common areas such as ingress-egress, landscaping, roadways, etc. Commercial ventures solely for the use of the residents, such as food service, laundry facilities, etc., shall be considered an amenity rather than a commercial use, and the land and buildings occupied by such uses are not required tc be subtracted from the total acreage before computing the maximum of 21 units per acre. 2. PLANNED COMMERCIAL DEVELOPMENTS (PCD): a. Allowable Uses: The following uses herein after listed shall be permitted only as specifically designated on the approved Final Development Plan: (1) Any use permitted in the Commercial One (C-1) or Commercial Two (C-2) Districts. (2) Residential Uses as approved by City Council and subject to the conditions set forth in subsection B.2.j., hereof. (3) Accessory uses and buildings customarily associated with allowable uses, as shown on the approved plan. b. Area: Each Planned Commercial Development district shall be a minimum of 1 acre. C. Height: Commercial structures shall not exceed 50 feet; residential structures shall not exceed 35 feet; resi- dential uses located within a commercial structure shall not be permitted above 35 feet. d. Perimeter Setbacks: Setback requirements for buildings adjacent to the perimeter of a Planned Commercial Development District shall be established using setback regulations established in standard Wheat Ridge Commer- 7 cial Zone Districts. Exceptions to those standards may be approved by City Council based upon a finding that a lessor setback would not be detrimental to the use and enjoyment of adjacent properties, would not negatively affect neighborhood property values, and would not be otherwise injurious to the public health, safety and welfare. e. Lot Coverage: Maximum 90% (See Section 28. for defini- tion.) Landscaping: Minimum 10% (See Sections 27.2. and 27.2.) g. Parking: Based upon specific uses (See Section 27.1) h. Fences and Walls: as specifically detailed on approved Final Development Plan, otherwise follow requirements of Section 27.M. i. Signage: as specifically detailed on an approved Final Development Plan, otherwise follow requirements of Section 19.A. j. Residential Use Conditions: (1) Residential uses shall not exceed 35 feet in height. (2) Residential uses, including associated parking, land used for buildings, landscaping, etc., shall not exceed 25% of the gross area included within a particular Planned Commercial Development Dis- trict. (3) Where residential uses are part of a Planned Commercial Development, the land used for commer- cial uses shall be calculated separately, and may not be included in the land area used to calcu- late the maximum of 21 units per acre mandated by the Wheat Ridge Home Rule Charter. To ensure this, where residential uses are part of a Planned Commercial Development, the area used for commer- cial purposes shall be clearly delineated on the plan, including areas used for parking, ingress, egress, landscaping, etc. If the commercial and residential uses are mixed in the same building or for other reasons cannot be clearly separated from the residential area, the land attributable to the commercial use shall be considered to be the building square footage occupied by commercial uses, the required parking, and a proportionate share of the common areas such as ingress-egress, landscaping roadways, etc. Commercial ventures solely for the use of residents, such as food service, laundry facilities, etc., shall he con- sidered an amenity rather than a commercial use, 8 and the land and buildings occupied by such uses are not required to be subtracted from the total acreage before computing the maximum of 21 units per acre. 3. PLANNED INDUSTRIAL DEVELOPMENTS (PID): a. Allowable Uses: The following uses hereinafter listed shall be permitted only as specifically designated on the approved Final Development Plan: (1) Any use permitted in the Light Industrial (I) District. (2) Other uses approved by the Zoning Administrator which are similar in character and impact to those uses specifically permitted under this Section when consideration is given to the intent and purpose of this Section. (3) Accessory uses and buildings customarily associated with allowable uses. b. Area: Each Planned Industrial Development District shall be minimum of 1 acre. C. Height: Maximum 50 ft. d. Perimeter Setbacks: Setback requirements for buildings adjacent to the perimeter of a Planned Industrial Development district shall be established using setback regulations set forth in the Light Industrial (I) Zone District (Section 21.). Exceptions to those standards may be approved by City Council based upon a finding that a lessor setback would not be detrimental to the use and enjoyment of adjacent properties, would not negatively affect neighborhood property values, and would not be otherwise injurious to the public health, safety and welfare. e. Lot Coverage, Maximum 90% (See Section 28. for definition) f. Landscaping: Minimum 10% (See Sections 27.2. and 27.2.) g. Parking: Based upon specific uses (See Section 27.1) h. Fences and Walls: as specifically detailed on approved Final Development Plan, otherwise follow requirements of Section 27.M. i. Signage: as specifically detailed on approved Final Development Plan, otherwise follow requirements of Section 19.A. 9 j. Performance Standards: The following standards and conditions shall apply to the development, use, operations and maintenance of any Planned Industrial District hereinafter created, as well as to any Planned Industrial District created prior to adoption of this Section. All environmental performances standards set forth are subject to the criteria established in current Federal, State or local regulations, whichever criteria is most restrictive. (1) Building enclosures. Every use shall be operated in its entirety within a completely enclosed building unless otherwise specifically provided by the approved Final Development Plan. (2) Outdoor Storage and Waste Disposal. (a) All outdoor storage facilities shall be enclosed by a view obscuring fence, wall and/or landscaping which fully conceals such facilities from adjacent properties, public streets and pedestrian ways. Display of finished products for retail sale on the premises may be allowed, as such would be allowed and regulated in the C-1 and C-2 Districts. (b) No materials or wastes shall be deposited upon a lot in such a form or manner that they may be moved from the lot by natural causes or forces. (c) All materials or wastes which may cause fumes or dust, constitute a fire hazard or may be edible or other wise attractive to rodents and/or insects shall be stored only in closed containers. (d) All toxic, corrosive, inflammable or explosive liquids, gases or solids shall be stored in compliance with currently adopted Fire Prevention Code, Environmental Protection Agency standards or other similar standards or requirements adopted by an agency of the State of Colorado. (3) Noise. Noise shall be measured on any property line of the tract on which the operation is locat- ed and shall be muffled so as not to become objec- tionable due to intermittence, beat frequently, shrillness or intensity. Noise shall be regulated so as to be in compliance with the Colorado Noise Abatement Act, Colorado Revised Statutes, 25-12- 101, as amended. 10 (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 fabrications 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. De- tailed 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 currently adopted "Odor Emission Regulation", shall be complied with when found to be more restrictive than the values of the "Air Pollution Abatement Manual". (5) Glare and Heat. Any operation producing intense glare and/or heat, e.g. welding conducted as a regular function of an operation, shall be per- formed within an enclosure in such a manner as to be imperceptible along any lot line of such opera- tion without instruments, and shall meet the requirements of Section 27.S. (6) Exterior lighting. Any lights used for exterior illumination shall direct light away from adjoin- ing properties, and shall meet the requirements of Section 27.5. (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 fre- quencies beyond the "safe" range of Table VII, United 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 enforcements of this provision. 11 (8) Emission control of smoke, dust and gases. (a) Smoke. Smoke emissions and opacity levels shall be regulated so as to be in compliance with the currently adopted Colorado Depart- ment of Health, Air Quality Control Commis- sion's "Emission Control Regulations for Particulates, Smokes, and Sulfur Oxides for the State of Colorado". (b) Dust and other particulates. Fugitive dust and other particulate matter from fuel-burn- ing equipment, refuse burning facilities, and manufacturing shall be controlled in accor- dance with the Colorado Department of Health, Air Quality Control Commission's currently adopted "Emission Control Regulations for Particulates, Smokes, and Sulfur Oxides for the State of Colorado". (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 sh811 be carried on with reasonable precautinns against fire and explosion hazards. (10) Radiation control: Radiation and the utilization of radioactive materials shall be regulated so as to conform with Colorado Department of Health's currently adopted "Rules and Regulations Pertain- ing to Radiation Control". (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 ad- verse effects from electrical radiation by appro- priate single or mutual scheduling of operations is permitted. 4. PLANNED MOBILE HOME DISTRICT (PMD): a. Allowable Uses: The following uses hereinafter listed shall be permitted only as specifically designated on the approved Final Development Plan: (1) Mobile homes which are used or intended to be used as a single family residence upon the premises. General sales of mobile homes 12 shall not be permitted; however, sale of used mobile homes which have been established as a residence in the district will be permitted. (2) Single family dwelling for park owner, operator, and/or caretaker. (3) Accessory uses and buildings customarily associated with and incidental to a mobile home park. This may include service uses, such as a laundry, or retail sales of convenience items where it is shown that such service or retail use is exclusively provided to serve the needs of the mobile home park occupants. b. Area and Density: The minimum site requirement for a mobile home park site shall not be less than ten (10) acres. Each mobile home lot shall contain a minimum of three thousand (3,000) square feet except lots for double wide mobile homes where there shall be a minimum lot area of four thousand (4,000) square feet. In no case shall the density of a mobile home park exceed nine (9) units per acre. C. Height: (1) The maximum height of mobile homes and accessory structures is twenty (20) FEET. (2) Permanent residence for park management or park resident use only shall not exceed thirty- five (35) feet in height. d. Width of lot: The minimum width of lot for each mobile home shall be forty (40) feet except for lots for double wide mobile homes where there shall be a width of fifty (50) feet. The minimum width of lots on curved drives or cul-de-sacs shall have an average width of not less than forty (40) feet. e. Setbacks: All mobile homes, recreational coaches and accessory buildings shall be set back not less than ten (10) feet from all perimeter property lines, except the front or any other yard abutting a public street shall be at least twenty (20) feet and the yard space so formed shall be landscaped. Greater yards or setbacks may be required where, in the opinion of the planning commission and/or city council, such yards or setbacks are necessary due to the topographic conditions, grading, drainage, and/or protections of adjacent property. No part of any mobile home shall be located within any yard of a required setback area. 13 f. Yard requirements: Mobile homes shall be located so that there is at least twenty-five (25) feet of separation between any other mobile home on an adjacent lot. Accessory structures shall be located so that there is at least 10 feet of separation between any other accessory structure or mobile home on an adjacent lot. No mobile home (including the hitch) or accessory structure shall be located within five (5) feet from an interior lot line, road or walk. There shall be at all times adequate vision at intersections to preclude obstruction to view. g. Site and Lot Coverage: Overall lot coverage within a mobile home park shall not exceed seventy-five percent (75%). Additionally, lot coverage of an individual mobile home lot shall not exceed ninety percent (90%). h. Landscaping: In addition to landscape areas required under subsection e. hereof, the total mobile home park shall be provided with at least twenty-five percent (25%) landscape area, and each mobile home lot shall be provided with at least ten percent (10%) landscape area. There shall be provided at least two (2) deciduous trees for each mobile home lot. There shall also be provided at the front or rear of the lots at least one (1) evergreen tree for every three (3) lots. All landscaping required herein shall meet the minimum size and maintenance requirements of Section 27.2 of this Appendix A., Zoning Ordinance. i. Enclosure of mobile home nark: The following provisions are applicable, in providing buffers between mobile home parks and adjoining properties and abutting public rights-of-way. (1). A greenbelt planting strip of not less than twenty (20) feet in width shall be placed along the perimeter of the park where it abuts public rights- of-way or any other property. The greenbelt shall be developed with a mixture of hardy deciduous and coniferous plant material, grass or ground cover and maintained thereafter in a neat and orderly manner. (2). In addition, a continual ornamental wall or fence six (6) feet in height above grade, shall be erected along 14 the property lines which abut other properties and twenty (20) feet from property abutting public rights-of-way, so that the landscape area is between the street and fence. Walls on right- o£-way corners shall be constructed to allow for line of sight on the rights- of-way and in accord with the zoning ordinance. Such wall shall be landscaped with suitable materials along both sides of such wall for the total length of wall existing along right-of- way. Walls used on property lines not adjacent to streets or roads shall be landscaped on the park side and permitted with the approval of the adjacent property owners. The ornamental wall and landscape materials shall be acceptable to the planning commission and city council. The remaining areas shall be landscaped and maintained with a well-kept lawn or other materials acceptable to the planning and city council and shall be continually maintained in a healthy growing, neat and orderly condition. j. Addressing & Internal Location System: Mobile home parks shall be addressed to the street from which primary access is obtained. The entire mobile home park shall have one address, with each lot being designated by Unit Number" (e.g., John Q. Citizen, Unit 27, 7600 W. 29th Ave., Wheat Ridge, CO, 80033). A location map shall be placed at all entrances to the mobile home park, which illustrates the internal road system, location of common facilities and buildings, manager's office, and each mobile home site. Each lot shall be designated by consecutive numbers. Where there is more than one continuous road serving the park, the various roads should be designated as loops (e.g., Loop A., Loop D, etc.). k. Performance standards and requirements: Any person desiring to enlarge, or establish a mobile home park shall meet or exceed the design standards as herein set forth: (1) Access. All mobile home parks shall have access to a collector street if directly abutting thereon. Parks not abutting a collector street shall show several direct 15 routes to a collector street in order that the traffic be dispersed along several routes. (2) Vehicle travel lanes. All roads and driveways shall be hard surfaced and so constructed as to handle all anticipated peak loads, adequately drained and lighted for safety and ease of movement of vehicles. Minimum pavement widths shall be twenty (20) feet for two-way roads with no on-street parking allowed, twelve (12) feet for one-way roads with no on-street parking allowed, and ten (10) feet for all driveways. The mobile home park road system should be so designed as to prevent the use of such roads for through traffic. The entire width of the vehicle travel lanes shall be surfaced with approved materials and design on a suitable road base as approved by the city engineer. Concrete curb and gutters shall be placed along both sides of all roads. Types of curbs and gutters shall reflect topographic conditions and road design. Walkways may be required on one or both sides of roads providing access to park. Approval of the design for road system, curb and gutter, and walkways will be subject to the city engineer's approval. (3) Walkways. Public walks shall be provided on the public street side of each mobile home site. All public walks, such as from mobile homes to service buildings and along road and driveways, shall be at least four (4) feet in width. Walks used in common by one (1) to three (3) units, connecting the units to a common area or primary walk, shall be at least thirty (30) inches in width. Walks may be required on only one (1) side of drives leading to service areas. (4) Utilities and other services. (a.) All sanitary sewage utilities and water facilities, including connections provided to individual lots, shall meet the requirements of the applicable water and sanitation district operating within the city limits of Wheat Ridge and the Jefferson County Health Department. (b.) The plumbing connections to each mobile home lot shall be constructed so that all lines are protected from freezing, from accidental bumping or 16 from creating any type of nuisance or health hazard. (c.) An adequate amount of culinary water shall be piped to each mobile home lot. The water distribution system shall be acceptable to the water organization servicing such park. (d.) A drainage plan shall be submitted to the City and approved by the city engineer. Drainage facilities shall be constructed so as to protect those that will reside in the mobile home park as well as the property owners adjacent to the park. (e.) All electric, telephone and other lines from supply poles to each mobile home lot shall be underground. When meters are installed, they shall be uniformly located. (f.) Fuel, oil and propane gas storage and distribution systems shall be located designed in conformance with applicable state and city codes, and shall be reviewed and approved by the fire department. When separate meters are installed, each shall be located in a uniform manner. (g.) Facilities for the storage and disposal of trash and garbage in a sanitary manner shall be provided in each park. (h.) When exterior television antenna installation is necessary, a master antenna shall be installed and extend to individual units by underground lines. Such master antenna shall be so placed as not to be a nuisance to park residents or surrounding areas. (i.) Yard lights, attached to standards approved by the city shall be provided in sufficient number and intensity to permit the safe movement of vehicles and pedestrians at night, and shall be effectively located to buildings, trees, walks, steps and ramps; however, these yard lights shall not cause off-site glare, and shall meet the requirements of Section 2".3. (j.) The erection, construction, reconstruction, repair, relocation and/or alteration of all permanent buildings and structures located 17 within a park shall conform to the requirements of the building and fire code adopted by the City of Wheat Ridge. (5) Pads, mats or platforms. Each mobile home lot shall be provided with a gravel pad acceptable to the department of public works for each location and shall be treated to prevent the growth of weeds, or a concrete pad, mat or platform not less than four (4) inches in thickness, or of equal bearing strength if reinforced is used. Minimum pad dimensions for single mobile homes shall be twelve (12) feet by fifty (50) feet; minimum pad dimensions for double wide mobile homes shall be twenty- four (24) feet by fifty (50) feet. Anchor rings shall be provided every fifteen (15) feet in the parking pad, the design of which shall be approved by the building inspector. (6) Fire extinguishing equipment. Every mobile home park shall be equipped at all times with fire extinguishing equipment in good working order of such type, size and number and be so located within the park as to satisfy applicable regulations of the appropriate fire district. (7) Storage Sheds. Each mobile home lot shall be provided with one (1) storage shed constructed of metal or other suitable material, which shall be uniform as to size and location throughout the mobile home park site. All sheds shall be kept clean, shall be maintained in good condition and kept painted, and shall contain a minimum of ninety (90) cubic feet of storage area and be a minimum of six (6) feet in height, and shall meet minimum setback and yard requirements as set forth in subsections e. and f., hereof. (8) On-site laundry. An on-site common laundry facility shall be provided if all mobile homes are not furnished with individual washers and dryers. (9) Service area enclosures. The city council may require fencing or screen planting around areas containing garbage, rubbish or waste disposal or around service or recreational areas as a condition of approval of a mobile home park. (10) Recreational requirements. In addition to the minimum landscape requirements, a 18 minimum of eight (8) percent of the gross site area shall be reserved for recreational development. These facilities and areas shall be designed with trees, grass, benches, equipment, etc., in relationship to park users. Provision of separate adult and tot lot recreational areas is encouraged. (11) Mobile home skirt. All mobile homes shall have the space between ground level and the underside of the floor enclosed by an opaque or solid, durable screening material. (12) Patios. An outdoor patio area of not less than one hundred twenty (120) square feet shall be provided at each mobile home lot, conveniently located to the entrance of the mobile home and approximately related to open areas on the lot and other facilities for the purpose of providing suitable outdoor living space to supplement the interior space of a mobile home. A permit shall be required for any canopy or awning used as a patio cover and for any screened, glassed-in or otherwise enclosed awning used as a patio cover and for any screened, glassed-in or otherwise enclosed awning or canopy. Any patio cover or enclosure must meet setback and yard requirements as set forth in subsection e. and f. hereof. (13) All mobile homes placed on lots or sites within a mobile home park must meet federal standards which are no older than five (5) years at the time of placement. (14) Building Permit Requirement: (a.) It is unlawful for any person to construct, enlarge, alter, improve or convert any mobile home park or to improve any lands for use as a park, or improve any lands for use as a park, or to cause the same to be done, or to set or establish a mobile home within a mobile home park unless such person holds a valid and existing permit issued by the building inspector or the performance of such work. No building permit shall be issued for any mobile home park, or any mobile home, unless plans for development are in full compliance with the approved Final 19 Development Plan and other related development codes. (b.) Certificate of occupancy: Upon completion of any such mobile home park and prior to the use thereof, and upon the placement of a mobile home upon a lot on site within such mobile home park, the owner or operator of said park, or mobile home, shall obtain a Certificate of Occupancy. 5. PLANNED RECREATIONAL VEHICLE PARK DISTRICT (PRVD) It is the intent of this district to provide for safe, well- designed recreation vehicle parks as a commercial use of land, approximately located to serve the needs of the tourist and interstate traveler. a. Allowable Uses: The following uses hereinafter listed shall be permitted only as specifically designated on the approved Final Development Plan: (1) Recreational vehicle park which provides facilities to accommodate tourist or itinerant campers. Sale or storage of campers, motor homes, etc., is not permitted upon the premises. (2) Accessory uses and buildings customarily associated with and incidental to a recreational vehicle park district. b. Area and Density: The minimum size requirement for a recreational vehicle park shall be not less than three (3) acres. In no case shall the density of the recreational vehicle park exceed twenty (20) units per acre. C. Height: Maximum 35 feet for permanent structures. d. Perimeter Setbacks & Buffer Yards: All main structures, recreational vehicles and accessory buildings shall be set back not less than ten (10) feet from all property lines, except the front or any other yard abutting a public street shall be at least thirty (30) feet and the yard space so formed shall be landscaped. Greater yards or setbacks may be required where, in the opinion of the planning commission and/or city council, such yards or setbacks are necessary due to the topographic conditions, grading, drainage, and/or protections of adjacent property. No part of any recreational vehicle shall be located within any yard of a required setback area. Any yard which abuts property zoned residential shall be required to provide a ten (10) foot wide landscape buffer strip and a six (6) foot high ornamental, solid 20 wall or fence along such border. This landscape buffer shall be developed with an acceptable mixture of ground cover, shrubs and/or trees to provide both a visual and a noise barrier between the recreational vehicle park and adjacent residential properties. e. Lot Coverage: Overall lot coverage within a recreational vehicle park shall not exceed seventy-five percent (75%). f. Landscaping: In addition to the specific requirements set forth herein, the overall minimum landscaping area shall not be less than 25%. (See Sec. 27.2 for additional requirements.) g. Parking and Circulation: Parking to be determined based upon the specific design and uses. All interior roads shall be constructed as to handle all anticipated peak loads, adequately drained and lighted for safety and ease of movement of vehicles. Minimum widths shall be twenty (20) feet for two-way roads with no on-street parking allowed, twelve (12) feet for one-way roads with no on-street parking allowed. The recreational vehicle park road system shall be so designed as to prevent the use of such roads for through traffic. The entire width of the vehicle travel lanes shall be surfaced with an all weather, dust-free material as approved by the city engineer. h. Addressing & Internal Location System: Recreational vehicle parks shall be addressed to the street from which primary access is obtained. The entire park shall have one address, with each site being designated by unit number. A location map shall be placed at all entrances to the park, which illustrates the internal road system, location of common facilities and buildings, manager's office, and each recreational vehicle site. Each lot shall be designated by consecutive numbers. Where there is more than one continuous road serving the park, the various roads should be designated as loops (e.g., Loop A., Loop D, etc.). i. Fences and Walls: As specifically detailed on an approved Final Development Plan; otherwise, follow requirements of Section 27.M. j. Signaae: As specifically detailed on the approved Final Development Plan; otherwise, follow requirements of Wheat Ridge Code of Laws, Chapter 19A. Signs. 21 k. Utilities: All water and sewer service and connections shall be designed and constructed so that they are protected from freezing, from accidental bumping, or from creating any type of nuisance or health hazard. All water and sewer systems shall be reviewed and approved by the District which will serve the park, and are subject to review and inspection by the Jefferson County Health Department. All electric supply lines to each recreational vehicle site shall be underground. 1. Area Lights: Each park shall be designed to provide adequate lighting for pedestrians and vehicles within the park; however, the lights shall be designed so as to eliminate off-site glare, and shall meet the requirements of Section 27.S. M. Recreational requirements: In addition to the minimum landscape requirements, a minimum of eight (8) percent of the gross site area shall be reserved for recreational development. These facilities and areas shall be designed with trees, grass, benches, equipment, etc., in relationship to park users. Provision of separate adult and tot lot recreational areas is encouraged. n. Building Fire and Other Codes: (1) It is unlawful for any person to construct, enlarge, alter, improve or convert any recreational vehicle park or structures within such a park, or to improve any lands for use as a park, or to cause the same to be done, unless such person holds a valid and existing permit issued by the building inspector for the performance of such work. No building permit shall be issued for any recreational vehicle park unless plans for development are in full compliance with the approved Final Development, and applicable building, fire, health, or other related development codes. (2) Certificate of occupancy. Upon completion of any such recreational vehicle park and prior to the use thereof, the owner or operator of said park shall obtain a certificate of occupancy. o. Business License Required Recreational vehicle parks are business establishments, and therefore must obtain and maintain a valid business license, and shall collect and pay sales, use, lodger and other taxes as may otherwise be required by law. 22 6. Planned Hospital District (PHD) a. Allowable Uses: The following uses hereinafter listed shall be permitted only as specifically designated on the approved Final Development Plan: (1). Public and private general hospital (2). Hospitals or sanitariums for contagious diseases, or the mentally disturbed or handicapped. (3). Homes for the aged, nursing homes, congregate care homes, hospice, or similar residential facilities which are accessory to a hospital or sanitarium principal use. (4). Accessory uses and structures customarily associated with the permitted uses as shown on the approved Final Development Plan. b. Area: Each Planned Hospital District shall be a minimum of 5 acres, except as provided under subsection 6.e.(1) hereof. C. Lot Width: 200 feet minimum. d. Setback Requirements: (1). Front: 50 feet minimum. (2). Side: 25 feet minimum plus 10 feet for each story. The intent is to provide a minimum 25 foot landscape buffer adjacent to residential zoned property. (3). Rear: 25 feet minimum, plus 10 feet for each story. The intent is to provide a minimum 25 foot landscape buffer adjacent to residential zoned property. e. Height: (1). Hospital buildings: 50 feet maximum, except as follows: a. 65 feet where the lot on which the building is to be constructed is at least 50 acres in size. b. Additions attached to existing hospitals may be built to a height not to exceed the height of the existing building. (2). Offices: 50 feet maximum. (3). Residential: 35 feet maximum. (4). Accessory: 35 feet maximum. f. Lot Coveraae: 75% maximum overall site coverage. g. Residential Density: No residential development, excluding nursing homes or intermediate nursing care facilities, shall exceed 21 dwelling units per acre. h. Landscaping: (1) Minimum •25% overall site requirement. (2) 25 foot landscape buffer required along property lines adjacent to residential zoned property. (3) Unless otherwise specifically provided for on the approved plan, all landscaping shall meet the requirements set forth in Section 27.2. Landscaping. i. Parking: based upon specific uses. (See Sec. 27.1) j. Fences and Walls: as specifically detailed on an approved Final Development Plan, otherwise foj ,,w requirements of Sec. 27.M. 23 k. Sicnaae: as specifically detailed on an approved Final Development Plan, otherwise follow requirements of Wheat Ridge Code of Laws, Chapter 19.A. V. APPLICATION FOR PLANNED DEVELOPMENTS. All applications for approval of a Planned Development, redevelopment, alteration, or addition shall be filed with the Department of Planning and Development. There are three (3) basic steps to the development approval process prior to issuance of a building permit. The three basic steps are: (1) Rezoning, (2) Site Plan and Platting Approval, and (3) Build- ing Plan Approval. These regulations deal only with the rezoning and site plan requirements. Platting or subdivision is regulated by the Subdivision Regulations, Wheat Ridge Code of Laws, Appendix C. Building plan approval is regulated by the rules and regulations of the Building Inspection Division in accordance with the Uniform Building Code, and Chapter 5 of the Wheat Ridge Code of Laws. There are requirements for an Outline Development Plan, a Preliminary Development Plan, and for a Final Development Plan, and in certain cases, Subdivision approval. These plans may be submitted for review and approval either sepa- rately (Regular Procedures) or combined (Expedited Procedures) as described below. A. EXPEDITED REVIEW PROCEDURE: 1. Development Plans 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. The Outline Development Plan may be submitted for consider- ation 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 onto a single com- bined plan which contains all the required information in a legible form. 2. Subdivision/Platting Subdivision or plat review may be carried out simultaneous- ly with the review of development plans required herein. All requirements of the Subdivision Regulations for a 24 Preliminary and Final Plat, in addition to those of Prelim- inary and Final Development Plan, must be satisfied if there are any parcel divisions created, or if there are any dedications for streets, easements or other public purpos- es, or if a previously approved subdivision is amended in any way by the proposed development. In cases where subdi- vision requirements are to be met simultaneous with devel- opment plan review, the applicant may submit separate sheet(s) in addition to the subject Development Plan or 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 a Development Plan and Plat. B. REGULAR REVIEW PROCEDURES 1. OUTLINE DEVELOPMENT PLAN a. SUBMITTAL REQUIREMENTS. (1) An applicant shall submit an Outline Development Plan for approval of a change of zone to a Planned Development District. The Outline Development Plan is the zoning and general concept step. It provides generalized graphic and written information on layout, tentative uses, and intended character of the development. Since minimal engineering detail is required, this step provides the lowest cost option for an applicant to gain approval of a change of zone and approval of general development and use concept. The change of zone to Planned Development and the Outline Development Plan shall be reviewed by Planning and Development staff and other affected departments and agencies, prior to being set for public hearings before Planning Commission and City Council. For the purpose of these review steps, there will be three (3) different submittals of the Outline Development Plan: First Submittal - 17 copies of the Outline Development Plan for staff and agency review. Second Submittal - 15 copies of the Outline Development Plan for Planning Commission Public Hearing. Third Submittal - 15 copies of the Outline Development Plan for City Council Public Hearing. (2) The maps which are a part of the Outline Development Plan may be in general schematic form and shall contain the following minimum information: 25 (a) Ownership/Unified Control Statement. A list of all existing owners of real property included within the proposed Planned Development District, and a written statement which describes anticipated future ownership character (i.e. single ownership, partnership, condominium, etc.), and which indicates proposed manner of maintaining UNIFIED CONTROL throughout the planning, development, use, operation and continued maintenance of the Planned Development. (b) Character of Development. A written description of the general character of the development and of the objectives to be achieved by the particular development concept being proposed. This statement shall include, but not be limited to, the manner in which the proposed development meets or exceeds the intent of the Planned Development District as stipulated in Section II hereof; the proposed architectural and site design concepts including style, siting of structures to maximize views and to take advantage of the site's natural characteristics, building materials (type, textures and colors); specific concepts by which the proposed development will make an orderly transition from existing adjacent development including varied setbacks and facade treatment, additional open space, screening of parking areas, architectural compatibility, and density; and specific concepts for the use and landscaping of all public and private open spaces, including recreational facilities. It is the intent of this requirement that the applicant provide a clear, concise statement for the reviewing authorities to better understand the proposed development concept and upon which their decision regarding the proposal can be based. (c) The existing topographic character of the land at a contour interval not larger than five (5) feet. (d) General indication of areas to be landscaped. (e) Property boundaries as per accompanying legal descrip- tion. (f) Existing and proposed lot lines, easements and rights- of-way on and adjacent to the site. (g) Adjacent zoning, land use, streets, streams, etc. 26 (h) Location of all existing and proposed streets within the site and ingress/egress points. (i) Approximate location and extent of major use areas. (j) Any significant landscape or land use features which may influence development. (k) Scale (no less than one inch = 100 feet) and north arrow. (1) Small scale location map as an inset which shows the subject property centered within a quarter mile radi- us. (m) Proposed name of the Planned Development. (n) A general indication of the expected utilization, of the land and a list of possible uses to be included in the development. (o) Legal description (metes and bounds) of total site, including area. (p) Surveyor's Certification. (q) Project data for the entire site, and including by phase, building area and percent, paved area and percent, landscape area and percent, etc. (r) Development time schedule by phase (see Section VII. for limitations). (3) The Outline Development Plan shall be recorded with the Jefferson County Clerk and Recorder and therefore must meet their basic requirements for recordation. The following certifications, in addition to the required Surveyor's Certificate, shall also be placed upon the Outline Development Plan: OWNER'S CERTIFICATION The below signed owner(s), or legally designated agent(s) thereof, do hereby agree that the pic~perty legally de- scribed hereon, will be developed as a Planned Development in accordance with the uses, restrictions, and conditions contained in this plan, and as may otherwise be required by law. I (we) further recognize that the approval of rezon- ing to Planned Development, and approval of this Outline Development Plan does not create a vested property right. Vested property rights may only arise and accrue pursuant 27 to the provisions of Section 26 of Appendix A of the Code of Laws of the City of Wheat Ridge. Signature of Owner(s) or Agent(s) NOTARY PUBLIC Subscribed and sworn to before me this day of 19 . Witness my hand and official seal. My commission expires PLANNING COMMISSION CERTIFICATION Approved this day of Ridge Planning Commission. 19_, by the Wheat Chairman PLANNING AND DEVELOPMENT DIRECTOR CITY COUNCIL CERTIFICATION Approved this day of Ridge City Council. CITY SEAL ATTEST: 19_, by the Wheat Mayor City Clerk COUNTY CLERK AND RECORDERS CERTIFICATE This document accepted for filing in the office of the County Clerk and Recorder of Jefferson County at Golden, Colorado, on the day of A.D. 19_, in Book Page , Reception Jefferson County Clerk and Recorder By: Deputy (4) Accompanying the application, the following is required: (a) Fee: $250.00; covers rezoning and Outline Plan, or Combined Plan review. Additional plans submitted NOTARY SEAL 28 later for review (preliminary, final, or plan amendment) shall be charged $100.00 each process. (b) Evidence that the required Neighborhood Referral meeting has occurred (See Section 26.F.1.) (c) Complete and notarized application. (d) Proof of ownership, such as copies of deeds or title commitment. (e) Power of Attorney from owner(s) where an agent acts on behalf of the owner(s). (f) Names and address of all adjacent property owners, including property across abutting streets. (g) Names, addresses, telephone numbers of architects and engineers associated with the preparation of the plans. (5) Additional information may be required, including but not limited to, geological stability report, traffic impact report, flood plain impact report, or general environmental impact report. b. REVIEW PROCEDURES (1) Staff Review: Upon filing of an application and other required docu- ments, Planning and Development Staff will refer copies of the plans to affected departments and agencies for review. All comments shall be forwarded to the appli- cant so that necessary revisions may be made by the applicant prior to scheduling the application before Planning Commission. Once Staff is assured that all required documents and revisions thereto have been received, NOTICE OF PUBLIC HEARING shall occur in accordance with requirements set forth in Section 26.F. (2) Planning Commission Hearing: Planning Commission shall hold a public hearing and within 90 days of the public hearing date, exclusive of time requested by the applicant for continuances, shall adopt a resolution which recommends to City Council approval, approval with modifications, or denial, and such resolution shall state the reasons for such recom- mendations. (3) City Council Hearing: Upon receipt of the Planning Commission's resolution, the City Clerk shall schedule a public hearing before City Council and cause public notice as required by Section 26.F. City Council shall hold a publir- hearing and within 90 days of the public hearing, exclusive of time requested by the applicant for continuances, shall approve, approve with modifications, or deny the application. City Council shall hold a public hearing and within ninety (90) days of the public hearing, exclusive of time requested by the applicant for 29 continuances, shall approve, approve with conditions or modifications, or deny the application. c. RECORDATION: All approved outline Development Plans shall be recorded with the Jefferson County Clerk and Recorder. Such Plans, and associated recording fees, shall be submitted to Plan- ning and Development Department within 30 days of Council's final action. Should a recordable approved Outline Devel- opment Plan not be provided to staff within 60 days of Council's final action, Staff shall schedule a public hearing before City Council, and City Council shall recon- sider the previous approval. 2. PRELIMINARY DEVELOPMENT PLAN (AND PRELIMINARY PLAT) a. SUBMITTAL REQUIREMENTS: (1)An application for approval of a Preliminary Development Plan is required only for a multi-phased project where a Final Development Plan is, or will be submitted for only a portion of the area included within a Planned Development District. It permits the consideration of the platting details for the entire site as they relate to lots, streets, access, drainage, utilities, easements and other public (or common) improvements or needs. This step re- quires detailed preliminary plat information, but does not require the detailed site development information required with a Final Development Plan. The Preliminary Develop- ment Plan shall be consistent with the Approved Outline Development Plan. The Preliminary Development Plan (and Plat) shall be re- viewed by Planning and Development staff and other affected departments and agencies, prior to being set for public hearing before Planning Commission. For the purpose of these review steps, there will be two (2) different submit- tals of the Preliminary Development Plan (and Plat), ex- cept where an appeal of a Planning commission decision to City Council occurs. First Submittal 17 copies of the Preliminary Development Plan (and Plat) for staff and review agencies. Second Submittal 15 copies of the Preliminary Development Plan (and Plat), for Planning Commission Public Hearing. 30 Third Submittal (optional) 15 copies of the Preliminary Development Plan (and Plat), for City Council appeal hear- ing. (2) Accompanying the application, the following is required: (a) Fee: $100 (b) Complete and notarized application. (c) Proof of ownership such as copies of deeds or title commitment. (d) Power of Attorney from owner(s) where an agent acts on behalf of the owner(s). (e) Names and address of all adjacent property owners, including property across abutting streets. (f) Names, addresses and telephone numbers of owner, licensed surveyor, licensed engineer and designer of plat. (g) Agreements, provisions, condominium declarations, covenants, etc. which govern the development, use, maintenance and continued protection for the planned development and any of its common areas or facilities. It is specifically required that UNIFORM CONTROL be demonstrated. (3) 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: (a) Name of Proposed Plan (and Plat), date of preparation, scale and north arrow. (b) Legal description and area of entire parcel included within the Planned Development District. (c) Small scale location map with zoning of adjacent surrounding properties. (d) Location of all existing and proposed lot lincc and numbering of lots and blocks. Where a Plat or subdivision approval is proposed simultaneously with Development Plan review, the requirements of the Subdi- vision regulations for a Preliminary Plat must be met. (Wheat Ridge Code of Laws, Appendix C, Section 3.B.2.). (e) Location of all existing and proposed public and pri- vate rights-of-way and easement lines located on and adjacent to the property which are proposed to be continued, created, relocated or abandoned. (f) Existing grade and proposed finish grade of the site shown by contours with intervals not larger than two (2) feet. 31 (g) The approximate location of every existing and pro- posed structure or building envelope in the described parcel, the expected use or uses to be contained therein, the number of dwelling units (if applicable) and the maxi- mum gross floor area. (h) Location, dimension 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. (i) Quantitative tabulations and percentages for building coverages, total lot coverage, parking areas, landscaped areas, open areas, etc. (j) Locations of all proposed curb cuts, parking areas and loading areas. (k) Location of all proposed walks, malls and other open area as they may relate to the entire site. (1) All existing and proposed water and sewer lines and their source of supply and all electric lines and their maximum capacity. (m) 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. (n) All irrigation ditches shall be located and with name of ditch company or owner(s), address(es) of the appropriate contact. changes to irrigation ditches must be i letter from the ditch owner(s) approving must be submitted. labeled and name(s) and Any proposed ndicated, and a of such changes (o) Geological stability information when requested by the City. (p) Designation of the 100-year flood plain and/or wetlands where applicable. (q) Development schedule by phase which indicates expected time of beginning and ending of construction. Where improvements will be needed outside of an area for which a Final Development Plan is, or is proposed to be approved in order for that area to properly function, a detailed phasing schedule and Design plans shall be required for those improvements. (e.g. storm drainage facilities located within the Planned Development District, but outside of the area proposed for final Development Plan approval). All temporary or interim facilities shall be so designated, and 32 design specifications provided therefore. (See Section VII. for limitations). b. REVIEW PROCEDURES: (1) Staff Review: Upon filing of an application and other required documents, Planning and Development Staff shall refer copies of the plans to affected departments and agencies for review. All comments shall be forwarded to the applicant so that necessary revisions may be made by the applicant prior to scheduling the application before Planning Commission. Once Staff is assured that all required documents and revisions, thereto have been received, NOTICE OF PUBLIC HEARING shall occur in accordance with requirements set forth in Section 26.F. (2) Planning Commission Hearing: Planning Commission shall hold a public hearing and within 90 days of the public hearing date, exclusive of time requested by the applicant for continuances, shall adopt a resolution which approves, approves with modifications, or denies the Preliminary Development Plans (and Plat) and such resolution shall state the reasons for action. Any applicant may appeal a decision of Planning Commission to City Council, however such appeal must be filed with the City Clerk within ten (10) working days of that decision. (3) City Council Hearing: Upon receipt of a petition of appeal, the City Clerk shall schedule a public hearing before City council and cause public notice as required by Section 26.F. City Council shall hold a public hearing and within 90 days of the public hearing, exclusive of time requested by the applicant for continuances, shall approve, approve with modifications, or deny the application. City Council shall hold a public hearing and within ninety (90) days of the public hearing, exclusive of time requested by the applicant for continuances, shall approve, approve with conditions or modifications, or deny the application. 3. FINAL DEVELOPMENT PLAN (AND FINAL PLAT). a. SUBMITTAL REQUIREMENTS (1) 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. The Final Development Plan (and Plat) shall be reviewed pursuant to the requirements of Section 20(V)(B) (1) hereof. 33 (2) Accompanying the application, the following is required: (a) Fee: $100.00; (b) Complete and notarized application. (c) Proof of ownership, such as copies of deeds or title commitment. (d) Power of Attorney from owner(s) where an agent acts on behalf of the owner(s). (e) Names and address of all adjacent property owners, including property across abutting streets. (f) Names, addresses and telephone numbers of architects and engineers associated with preparation of the plans and plat. (g) Copies of proposed 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, and which will guarantee UNIFIED CONTROL. (h) Additional information may be required, including but not limited to, geological stability report, traffic impact report, flood plain impact report, or general environmental impact report. (3) Form and content of the Final Development Plan. The Final Development Plan (and Plat) shall be consistent with the approved Outline and Preliminary Development Plans (if applicable). The Final Development Plan (and Plat) shall be drawn at a scale of no less than one (1) inch to one hundred (100) feet and contain the following: (a) The requirements of both this section as well as the Subdi- vision Regulations for a Final Plat must be met. If a Preliminary Development Plan has not previously been ap- proved, the requirements of the Subdivision Regulations for a Preliminary Plat must be met. (b) Legal description of the entire Planned Development, and if the Final Development Plan is for only a portion of the site, a legal description of that portion of the site included within the Final Development Plan. (c) 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. (d) Location, size, type, height and orientation of all signs. Signs not specifically approved as part of a Final Development Plan shall not be permitted. (e) A landscape plan which provides location, type, size and quantities of all existing (to remain) and proposed plant material and other landscape features and uaterials. 34 Common and botanical names of all plant materials shall be indicated. Location and type of irrigation system shall be indicated. All landscaping shall meet the requirements of this section as well as Section 27.2. (f) Location, extent, types of materials and height of all walls and fences. (g) Exterior lighting devices; type, height, location and orientation. (h) Location, extent, maximum height, number of floors and total floor area of all buildings and structures. (i) Total number of dwelling units and typical floor plans for residential projects. (j) Elevations and perspective drawings of all proposed structures and improvements indicating architectural style and building materials. The drawings need not be the result of final architectural design but of sufficient detail to permit evaluation of the proposed structure(s). (k) Off-street parking and loading plan which indicates the size, location, and number of parking and loading spaces and which shows the proposed circulation of vehicles and pedestrians within the Planned Development and to and from existing or proposed public thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate and insure the safety of this circulation pattern including fire lanes must be shown. (1) Indication of all proposed uses structures and open areas. Outside areas must be indicated if proposed proposed temporary or interim uses buildings prior to development in approved Final Development Plan. for all buildings, storage and display Description of any of land or existing accordance with the (m) 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.(See Section VII. for limitations) (n) The Final Development Plan (and Plat) shall be recorded with the Jefferson County Clerk and Recorder and therefore must meet their basic requirements for recordation. The following certifications, and required Surveyor's Certificate, Final Development Plan (and Plat): approvals in addition to the shall also be placed upon the 35 OWNER'S CERTIFICATION The below signed owner(s), or legally designated agent(s) thereof, do hereby agree that the property legally described hereon, will be developed as a Planned Development in accordance with the uses, restrictions, and conditions contained in this plan, and as may otherwise be required by law. I (we) further recognize that the approval of Final Development Plan (and Plat) does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26 of Appendix A of the Code of Laws of the City of Wheat Ridge. Signature of Owner(s) or Agent(s) NOTARY PUBLIC Subscribed and sworn to before me this 19 . Witness my hand and official seal. My commission expires day of NOTARY SEAL PLANNING COMMISSION CERTIFICATION Approved this day of Planning Commission. 19_, by the Wheat Ridge Chairman PLANNING AND DEVELOPMENT DIRECTOR CITY COUNCIL CERTIFICATION Approved this day of City Council. , 19_, by the Wheat Ridge CITY SEAL Mayor ATTEST: City Clerk COUNTY CLERK AND RECORDERS CERTIFICATE This document accepted for filing in Clerk and Recorder of Jefferson County the day of A.D. 19 Reception the office of the County at Golden, Colorado, on in Book Page , 36 Jefferson County Clerk and Recorder By: Deputy In addition to the above Certifications and required Land Surveyor's Certificate, the following APPROVAL signature blocks shall be placed upon Plats and Subdivisions. Public Service Company of Colorado Mountain States Telephone and Telegraph City of Wheat Ridge, Director of Public Works City of Wheat Ridge, Director of Parks and Recreation b. REVIEW PROCEDURES (1) Staff Review: Upon filing of an application and other required documents, Planning and Development Staff will refer copies of the plans to affected departments and agencies for review. All comments shall be forwarded to the applicant so that necessary revisions may be made by the applicant prior to scheduling the application before Planning Commission. Once Staff is assured that all required documents and revisions, thereto have been received, NOTICE OF PUBLIC HEARING shall occur in accordance with requirements set forth in Section 26.F. (2) Planning Commission Hearing: Planning Commission shall hold a public hearing and within 90 days of the public hearing date, exclusive of time requested by the applicant for continuances, shill adopt a resolution which recommends to City Council approval, approval with modifications, or denial and such resolution shall state the reasons for action. (3) City Council Hearing: Upon receipt of the Planning Commission's resolution, the City Clerk shall schedule a public hearing before City Council and cause public notice as required by Section 26.F. City Council shall hold a public hearing and within 90 days of the public hearing, exclusive of time requested by the applicant for continuances, shall approve, approve with modifications, or deny the application. City Council shall hold a public hearing and within ninety (90) days of the public hearing, exclusive of time requested by the applicant 37 for continuances, shall approve, approve with conditions or modifications, or deny the application. C. RECORDATION: All approved Final Development Plans (and Plats) shall be recorded with the Jefferson County Clerk and Recorder. Such Plans, and associated recording fees, shall be submitted to Planning and Development Staff within 30 days of Council's final action. Should a recordable approved Final Development (and Plat) not be provided to Staff within 60 days of Council's final action, Staff shall schedule a public hearing before City Council, and City Council shall reconsider their previous approval. VI. INTERPRETATION OF ERRORS AND OMISSIONS: Detailed specifications and standards which should have been specifically set forth by an approved Final Development Plan, but which were found subsequent to approval to have been omitted, may be interpreted by the Zoning Administrator to be those specifications and standards set forth in the Wheat Ridge Zone District in which the approved uses contained within the Final Development Plan would be permitted. In the event the approved uses are in fact permitted in more than one other zone district, the Zoning Administrator is hereby authorized to determine, based upon the overall intent of the underlying districts, to determine the appropriate zone district's standards which shall be applied. The owner of any property who/which feels aggrieved by such determination by the Zoning Administrator shall be entitled to appeal said determination pursuant to the provisions of Section 26(D)(4) of this Zoning Ordinance. VII. CONSTRUCTION: A. All construction shall be in accordance with the approved and recorded Final Development Plan and shall be completed within the time limitations as stipulated on the Final Development Plan unless an extension of such time limit is approved by the Director of Planning and Development. B. Upon expiration of such established time limitation or extension thereof, the Planning and Development Director shall notify City Council of the status of the Planned Development. Failure to complete construction by the termination of the initial time limitation, or such extension of time as may have been granted the owner, shall be cause for action by City Council to consider reclassification and rezoning of said site to a more restrictive zone classification or classifications. VIII. BINDING UPON SUCCESSORS AND ASSIGNS All approved development plans shall be binding upon the owner(s), their successors and assigns and shall limit the development to all 38 conditions and limitations established in such plans, and as may be contained in separately recorded agreements, covenants, condominium declarations, etc. which were approved by City Council as part of a Planned Development approval. IX AMENDMENTS TO DEVELOPMENT PLANS: A. The procedures and requirements for amending an approved development Plan (Outline, Preliminary, or Final) shall be the same as prescribed for original approval, except as provided for under Subsection B. Administrative Amendments. All applications for amendment must be approved in writing by all owners of real property contained within the area originally approved by the Outline Development Plan, unless specific alternative provisions have been approved by City Council as part of the UNIFIED CONTROL AGREEMENT. B. ADMINISTRATIVE AMENDMENTS: Based upon showing of necessity therefore, minor changes in the locations of structures and their accessory uses, fences, parking areas, landscaping, and other site improve- ments may be permitted as an "Administrative Amendment" by the Director of Planning and Development, if such changes will not cause any of the following circumstances to occur: 1. Change in the character of the development. 2. Increase in the intensity (or density) of use. 3. Increase of the problems of circulations, safety and utilities. 4. Increase of the external effects on the adjacent properties. 5. Increase in maximum building height. 6. Reduction in the originally approved setbacks from perimeter property lines. 7. Reduction in landscape area of total site, or relocation of landscape areas which are required as buffer yards or establish project character. 8. Increase in the gross floor area of structures beyond the authorized maximum allowed with the approved Planned Development. C. Any changes or revisions of a Final Development Plan which are approved, either administratively or by Council action, must be recorded with the Jefferson County Recorder as amendments to the original recorded Development Plan. 39 X. TEMPORARY USE PROVISION Subsequent to rezoning to a Planned Development District and approval of a Final Development Plan, but prior to development and use of a parcel in accordance with the approved plan, the property may continue to be used in accordance with the previous zoning or for cultivation of agricultural products, or the raising and keeping of livestock, as would be permitted in any Residential district, provided however that no new permanent structures or additions to existing structures will be permitted. Section 3. Any property zoned Hospital-One (H-1) or Hospital-Two (H-2) on the effective date of this ordinance shall be subject to the rights and requirements of the Hospital-One district regulations, if zoned H- 1, or Hospital-Two district regulations, if zoned H-2, which were in effect at the time of adoption of this ordinance, until such property is rezoned to Planned Hospital District (PHD) or another zone category. SECTION 4. 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 5. 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 application to other persons or circumstances. SECTION 6. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. SECTION 7. This ordinance shall take effect one (1) day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ 8 to 0 on this 14th day of August , 1989, ordered pub- lished in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for September 25 , 1989, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. 40 READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 this 25th day of Septembe; 1989. SIGNED by the Mayor on this 26th day of September , 1989. ATTEST: Wanda Sang, City 1st Publication: 2nd Publication: Wheat Ridge Sent Effective Date: ldr/ord/pd/hosp {a Clerk August 17, 1989 September 28, 1989 inel: September 29, 1989 kjy .x-- ✓ Dan Wilde, Mayor APPROVED AS TO FORM BY OFFICE OF,-;CITY ATTORNEY: r' John E. Ha s.~ 10-02-89 41