HomeMy WebLinkAboutOrdinance 1547CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER STARKER
COUNCIL BILL NO. 02
ORDINANCE NO. 1547
Series 2014
TITLE: AN ORDINANCE AMENDING CHAPTER 26 CONCERNING
THE SUBDIVISION REGULATIONS AND MAKING CERTAIN
RELATED AMENDMENTS TO CHAPTERS 2 AND 5 IN
ASSOCIATION HEREWITH (CASE NO. ZOA-14-01)
WHEREAS, the City Council of the City of Wheat Ridge is authorized by the
Home Rule Charter and the Colorado Constitution and statutes to enact and enforce
ordinances for the preservation of the public health, safety and welfare; and
WHEREAS, in the exercise of that authority, the City Council of the City of Wheat
Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the
"Code") pertaining to zoning, land use, and development; and
WHEREAS, the City has identified a need to simplify land use processes so
review is efficient and costs are predictable; and
WHEREAS, the City wishes to amend Article IV of Chapter 26 pertaining to
subdivision regulations; and
WHEREAS, the City has determined that additional sections of the Code should
be amended for the sake of clarification.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Article IV of Chapter 26 of the Code is hereby repealed in its entirety
and reenacted to read as follows:
ARTICLE IV. -SUBDIVISION REGULATIONS
Sec. 26-401. -Intent and purpose.
A Citation. This article shall be known and cited as the "subdivision regulations" of the
City of Wheat Ridge, Colorado, or "these regulations," or "this article."
B. Authority. No final plat of a subdivision shall be approved and accepted by staff, the
planning commission or the city council unless it conforms to the provisions of these
regulations. Pursuant to the authority contained in Article XX, Section 6 of the Colorado
Constitution and in Colorado Revised Statutes sections 29-20-101 et seq ., 31-23-101 et
seq., and 24-67-101 et seq., the Wheat Ridge planning commission and city council are
vested with the power and authority to adopt and amend these subdivision regulations
C. Purpose. The intent of these regulations is to prepare land for development and to
recognize that the arrangement of parcels , streets , and infrastructure has a direct
impact on the character and environment of the city. The general purposes of this
article are as follows :
1. To protect the health , safety, and welfare of present and future residents of the
city .
2 . To promote orderly growth and good planning practice.
3. To guide land development that is consistent with the city 's adopted plans and
zoning regulations.
4 . To ensure the provision of adequate public facilities and utility service.
5 . To promote efficient circulation , logical lot layout, and necessary roadway and
pedestrian connections .
6 . To conserve natural resources and provide reasonable protection from flood and
other hazards.
7. To provide open space and recreation facilities for residents.
8 . To establish consistent and reliable land records and monumentation .
9. To provide a process for review and substantive requirements for approval.
Sec. 26-402.-Applicability.
A. Jurisdiction . These subdivision regulations shall be applicable within the following
areas :
1. All land located within the City of Wheat Ridge .
2. Land in the process of annexation to the City of Wheat Ridge .
3 . All unincorporated land located within three (3) miles of the corporate limits of the
City of Wheat Ridge for major street plan purposes when a major street plan has
been approved in accordance with the requirements of C .R.S. § 31-23-212.
B. General Applicability.
1. These subdivision regulations shall apply to the creation or boundary
modification of lots , tracts , parcels or other divisions of land for any purpose ,
including but not limited to its immediate or future sale , transfer, or development,
whether residential, industrial , office , business or otherwise .
2. This article shall apply to a resubdivision or any division of land previously
subdivided or platted , as well as to a lot line adjustment or consolidation of two or
more lots , tracts , or parcels .
3. The transfer of any portion of land by the use of description for the purpose of
sale , transfer, lease or development is prohibited until the division of land is
approved and recorded in accordance with these subdivision regulations .
4. No subdivision plat shall be used for purposes of sale or development until the
plat is approved and recorded in accordance with these subdivision regulations.
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C. Exemptions . This article shall not apply to the following :
1. Any division of a tract of land into separate parcels of at least thirty-five (35)
acres each for the purposes of sale;
2 . Any division of land which is created by order of any court in this state or by
operation of law, such as settlement of an estate;
3. Any division of land which is created by a foreclosure of a deed of trust, lien,
mortgage or any other security instrument;
4. Any division of land which is created by a security or unit of interest in any
investment trust regulated under the laws of this state or any other interest in any
investment entity;
5 . Any division of land which creates cemetery plots;
6 . Any sale of any interest in a lot or parcel of land which has located upon it a
single main structure, which structure and associated land is to be divided into
separate ownership, and so long as required parking and access to a public
street is guaranteed to each owner by direct access , or through a recorded
ingress/egress easement of at least ten (1 0) feet in width, or parking easements,
as may be necessary . The intent of this exception is to ensure that the area and
setback requirements for structures are met, but to allow subsequent division of
an individual structure and associated land into separate ownership, as with
duplex splits or condominium plats . This exception shall not apply whenever it is
desired to sell off land for the purpose of creating a new building site;
7 . Vacant nonconforming parcels of record as described in section 26-120 ;
8. The division of land for the purpose of conveyance of real property to the city in
satisfaction of land dedication , condemnation , annexation , or other city
requirements , including a city-approved land trade;
9. Acquisition of an interest in land in joint tenancy, or as tenants in common, or a
joint venture.
10 . A consolidation of eligible lots through a property merger agreement in
accordance with section 26-117.
D. Pending applications. Any application for a subdivision plat filed on or after May 16,
2014 shall be controlled by the provisions of these regulations . Any application for a
subdivision plat filed prior to and pending on that date shall be controlled by the
provisions of the subdivision regulations in effect at the time of the filing of the
application (which regulations are retained in force solely for that limited purpose),
unless the applicant chooses to have the application processed under the provisions of
these regulations.
E. Private covenants. These regulations are not intended to abrogate any easement ,
covenant, or any other private agreement or restriction . It is not the intent of these
regulations that the city will enforce any private easement, covenant, agreement, or
restriction; such provisions being a function of the right of individual property owners to
further or separately restrict the use of their property as one (1) of the rights attendant
upon property ownership . These regulations shall not be interpreted to either enhance
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or diminish such private restrictions, and the existence of such private restrictions shall
neither enhance nor diminish the application or enforceability of these regulations .
Sec. 26-403. -Enforcement and penalties.
A. General. It shall be unlawful for any person to sell, convey, transfer, or otherwise
dispose of or subdivide any property within the city without compliance with this article
or where such sale, conveyance, transfer, disposition, or division would otherwise result
in the creation of a nonconforming lot or nonconforming parcel of land as such term is
defined by section 26-120. In addition to any other remedy available to the city, the city
shall not recognize or permit the use of a lot or parcel created in violation of these
regulations unless and until such lot or parcel is properly subdivided and meets all
applicable requirements of the Wheat Ridge Code of Laws.
B. Permits withheld. No permits shall be issued by any administrative officer of the City
of Wheat Ridge for the construction or occupancy of any building, or other improvement
requiring a permit, upon any land for which a plat is required by these regulations,
unless and until the requirements of the subdivision regulations have been met.
C . Penalties.
1. Any subdivider or agent of a subdivider who transfers or sells or agrees to sell or
offers to sell any subdivided land before a final plat for such subdivided land has
been approved by the city and recorded in the office of the Jefferson County
Clerk and Recorder shall be guilty of a misdemeanor and, upon conviction of
such violation, shall be subject to a fine not to exceed one thousand dollars
($1,000.00), or imprisonment not to exceed one (1) year, or both such fine and
imprisonment.
2. This fine or sentence shall be applicable for each parcel or interest in subdivided
land which is sold, agreed to be sold , negotiated to be sold and/or transferred .
3. The city shall have the power to bring an action to enjoin any subdivider from
selling, agreeing to sell, offering to sell, use, occupy or develop unsubdivided
land before a final plat for such subdivided land has been approved by the city .
D. Sale voidable. Any deed of conveyance, sale or contract to sell made contrary to the
provisions of these regulations is voidable at the sole option of the grantee, buyer, or
person contracting to purchase , his heirs, personal representatives, or trustee within
one (1) year after the date of execution of the deed of conveyance, sale, or contract to
sell is binding upon any assignee or transfer of the grantee, buyer, or person contracting
to purchase, other than those above enumerated.
Sec. 26-404.-Definitions.
As used in these regulations, the following words shall be interpreted and defined in
accordance with the provisions set forth in this article:
Adjacent property owners: Those persons who are shown in the then current records
of the Jefferson County Assessor, as owning real property adjoining the land being
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proposed for subdivision platting; disregarding intervening public streets , alleys, or other
public right-of-way;.
Administrative subdivision: See subdivision, administrative.
Alley: A right-of-way , dedicated to public uses, which gives a primary or secondary
means of vehicular access to the rear or side of properties otherwise abutting a street,
and which may be used for public vehicular and/or utility access .
Bicycle and pedestrian route: A street or trail that is part of the city's existing or
proposed bicycle and pedestrian network as designated in the City of Wheat Ridge
Bicycle and Pedestrian Master Plan.
Block: A unit of land within a subdivision containing two or (2) more lots which is
bounded by public or private streets, highways, railroad rights-of-way, public walks,
alleys, parks or open space, rural or vacant land, drainage channels, subdivision
boundaries, property boundaries or a combination thereof, and which is customarily
divided into lots.
City datum : Those three-dimensional coordinate values established during the state
plane coordinate conversion program for all quarter corners , and section corners, and
permanent high accuracy control (PHAC) points within and adjacent to the City of
Wheat Ridge.
Colorado Revised Statutes: The current edition of the laws governing the State of
Colorado; hereinafter referred to as "C.R.S."
Dedication: The intentional conveyance of land by the owner to the city for use as
public right-of-way or easement.
Dedication, fees in lieu of: Cash payment that may be required of an owner or
developer as a substitute for a dedication of land or physical improvement.
Duplex split: The process by which a single existing structure with two legal dwelling
units is divided into separate units of ownership for the purpose of selling an interest in
the existing structure and associated land. This process is not subject to the
subdivision regulations per section 26-402 .C .
Easement: A nonpossesing legal interest in land, granted by a land owner to another
person or entity which allows that beneficiary the use of all or a portion of the owners'
land, for a stated purpose such as access, drainage, or placement of utilities.
Geodetic surveying: The performance of surveys in which measure or account is
taken of the shape, size, and gravitational forces of the earth to determine or
predetermine the horizontal or vertical positions of points, monuments, or stations for
use in the practice of professional land surveying or for stating the geodetic position of
control points, monuments, or stations by using a coordinate system or derivative
thereof recognized by the National Geodetic Survey.
Lot merger: See plat, consolidation.
Lot, through: An interior lot abutting on more than one (1) street or corner lot abutting
on more than two (2) streets.
Major subdivision: See subdivision, major.
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Minor subdivision: See subdivision , minor
Monuments : Actual points set into the ground to locate, delineate , or describe tracts
of land. These include: a) United States Land Survey Monuments, the points or corners
established by the survey of public lands for the United States Government , also the
reestablishment or restoration of said corners; b) the points or corners set by a
Colorado registered land surveyor in accordance with the Colorado Revised Statutes .
Mylar: A clear plastic material on which the plat is "photographically" reproduced. It
shall be a minimum of four one thousandths (.004) of an inch thick and have a matte
finish on both sides.
PHAC points: Permanent high accuracy control points established during the City of
Wheat Ridge State Plane Coordinate Conversion Program by and for use in global
positioning surveys .
Plat, condominium: A plat which shows the division of land based on condominium
ownership of an existing structure . This process is not subject to the subdivision
regulations per section 26-402 .C .
Plat, consolidation: A plat which aggregates two (2) or more parcels or portions of
land into a single lot , development or building site. See also section 26-117 .
Plat, final: A map of a land subdivision with necessary affidavits , dedications , and
acceptances and with complete bearings and dimensions of all lines defining lots and
blocks , streets and alleys, public areas and other dimensions of land for the recording of
real estate interests with the Jefferson County Clerk and Recorder's office . All final
plats shall comply with C.R.S . Article 51 , T itle 38 .
Plat, land survey: A plat which shows the information developed by a monumented
land survey and includes all information required by C.R.S. § 38 -51-106 .
Plat, Jot line adjustment: A plat which adjusts the common property line or
boundaries between two (2) or more parcels or portions of land, through which an equal
or lesser number of lots are created .
Plat, recorded: The official document which is filed with the Jefferson County Clerk
Recorder's office.
Plat, townhouse : A plat which shows the division of land based on a townhouse
ownership structure . Townhouse development is subject to these regulations and
requires a subdivision plat.
Preapplication conference: A nonbinding , informative meeting between an applicant
and staff that is required prior to submitting any plat application , in accordance with
section 26-1 04 .
Private drive : A thoroughfare for vehicular traffic which provides access to no more
than four (4) dwelling units.
Public street: A dedicated public thoroughfare for vehicular traffic in accordance with
the requirements as set forth in the subdivision regulations, the comprehensive plan , the
Bicycle and Pedestrian Master Plan , and the Streetscape Design Manual of the City of
Wheat Ridge.
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Rep/at: See resubdivision .
Resubdivision : The changing of any existing lot , tract, or parcel of any subdivision
plat previously recorded with the Jefferson County Clerk and Recorder.
Right-of-way: An area of land granted , acquired , or dedicated by deed or plat for
public use and travel. In addition to a roadway , it may also include curbs, gutters,
sidewalks, streetscape amenities , traffic signs and signals, lighting , and public utilities.
Sketch plan: A rough sketch of a proposed subdivision indicating tentative lot layout
and thoroughfare alignment to be used for the purpose of discussion at a preapplication
conference .
Subdivider: Any person , partnership, joint venture , association , corporation, person
in a representative capacity , or other legal entity or legal representative who shall
participate in any manner in the dividing of land for the purpose, whether immediate or
future , of sale or building development.
Subdivision or Subdivide: The creation or boundary modification of lots , tracts ,
parcels , or other divisions of land for any purposes whether immediate or future,
including for sale or building development, whether agricultural, residential , industrial ,
commercial or other use . The term shall also include and refer to any division of land
previously subdivided or platted but shall not include nor refer to a transaction or
transactions which is or are exempt under these regulations .
Subdivision, administrative : Any subdivision, consolidation , or lot line adjustment that
involves 3 or fewer lots or parcels, conforms to all subdivision and zoning regulations ,
and does not include the dedication of a public street. See section 26-405 .
Subdivision, major: Any subdivision , consolidation , or lot line adjustment that does
not meet the definition of an administrative or mino r plat, including any plat with a right-
of-way vacation or the dedication of public streets . See section 26-405.
Subdivision, minor: Any subdivision , consolidation, or lot line adjustment that
involves 4 or 5 lots or parcels , conforms to all subdivision and zoning regulations , and
does not include the dedication of a public street. See section 26-405 .
Subdivision Improvement Agreement: An agreement between the city and developer
that clearly establishes the developer's responsibility to construct any required public
improvements for a subdivision , such as street or drainage facilities , and to provide
financial security to ensure completion of the improvements .
Tract: A portion of land that is part of a subdivision which is designated for some
purpose other than a building site or lot, sometimes known as an outlot.
Vacation: The termination of, or termination of interest in , an easement , right-of-way ,
or public dedication of land by resolution, plat or separate instrument.
Variance : A deviation from the strict application of the development standards
contained in these regulations due to unusual or atypical site conditions or
characteristics . See section 26-115 .
Waiver: A waiver is a permitted exemption or reduction from a design principle or
required improvement based on the specific conditions , circumstances or design
context of a development proposal.
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Sec. 26-405. -Types of plats.
These regulations recognize a variety of platting circumstances and provide specific
requirements and procedures for each . These types of plats are set forth below.
A. Administrative plat.
1. Any subdivision , consolidation , or lot line adjustment meeting all of the following
criteria :
a . Involves 3 or fewer lots or parcels ,
b . Conforms to all subdivision and zoning regulations , includes no waiver or
variance , and
c . Does not include the dedication of a full-width ("Full") public street right-of-
way , but may include a partial , less than Full dedication of right-of-way
adjacent to an existing public street or for other purposes . See section 26-
415.
2. Review and approval of this type of subd ivision plat is an administrative process
that does not require a public hearing ; the review procedure is outlined in section
26-406.8.
B. Minor plat.
1. Any subd ivision, consol idation , or lot line adjustment meeting all of the following
criteria:
a . Involves 4 or 5 lots or parcels ,
b. Conforms to all subdivision and zoning regulations , includes no waiver or
variance , and
c . Does not include the ded ication of a full-width public street right-of-way, but
may include a partial , less than full-width ded ication of right-of-way adjacent
to an existing public street or for other purposes . See section 26-415 .
2 . Review and approval of a minor subdivision plat requires one (1) a public
hearing ; the review procedure is outlined in section 26-406.C.
C. Major plat.
1. Any subdiv ision , consolidation , or lot line adjustment that does not meet the
definition of an administrative or minor plat, including any plat with a right-of-way
vacation or dedication of new or full-width public streets.
2 . Review and approval of a major subdivision plat requires two (2) public hearings ;
the review procedure is outlined in section 26-406.C.
Sec. 26-406.-Review procedures.
All applications are subject to the following review procedures .
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A. Preapplication conference. Prior to submitting any plat application, the applicant
must participate in a preapplication conference, as described in section 26-104. A
sketch plan shall be provided to the community development department for review
prior to the preapplication conference.
B. Administrative plat review procedure.
1. Application filing. An application packet shall be submitted to the community
development department. Staff will review the application for completeness in
accordance with the submittal requirements in section 26-410. If staff determines
the application is not complete, it will be returned to the applicant and not further
processed until the incomplete items have been supplied.
2 . Review and referral. Upon receipt of a complete application packet the
community development department will review the application and refer the
application to affected departments and agencies for review and comment. The
applicant must address all comments and resubmit relevant documents.
3. Decision . After the review period , staff will prepare written findings with a
recommendation. The community development director shall review the plat and
approve, approve with conditions, or deny the plat.
C. Minor and major plat review procedure.
1. Application filing . An application packet shall be submitted to the community
development department. Staff will review the application for completeness in
accordance with the submittal requirements in section 26-410. If staff determines
the application is not complete, it will be returned to the applicant and not further
processed until the incomplete items have been supplied.
2 . Review and referral. Upon receipt of a complete application packet the
community development department shall proceed with the following process:
a. Staff will review the application and refer the application to affected
departments and agencies for review and comment. The applicant must
address all comments and resubmit relevant documents.
b. After the review period, staff will give notice of scheduled public hearings on
the application before the planning commission and, if needed, the city
council. Notice shall be by publication, letter, and site posting in the manner
provided in section 26-109.
c . Staff will prepare a written report to the planning commission which evaluates
the proposal, makes findings, and makes a recommendation.
3. Public hearing.
a. Planning commission review. The planning commission shall hold a public
hearing to review the plat and to hear and consider any evidence or
statement presented by the applicant, city staff, or by any person in
attendance at the public hearing. Any recommendation or decision shall be
based upon the facts presented in the public hearing and in consideration of
the regulations and standards of this article and article II of this chapter.
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i. Minor subdivision. The planning commission shall make a decision to
either approve, approve with conditions, or deny the application. The
decision by planning commission is final for minor subdivisions.
ii. Major subdivision. The planning commission shall make a
recommendation of approval, approval with conditions, or denial of the
application. The recommendation shall be forwarded to city council for
final action.
b. City council review. City council shall review and decide upon all major
subdivision applications at a public hearing. Upon receipt of the final plat and
accompanying recommendations, the city council shall either approve,
approve with conditions, deny, or refer the plat back to planning commission
for further review . City council shall base its decision upon all evidence
presented, with due consideration of the regulations and standards of this
article and article II of this chapter.
D. Recording approved documents.
1. All approved plats shall be recorded with the Jefferson County Clerk and
Recorder. A recordable mylar of the plat and associated recording fees shall be
submitted to the community development department within ninety (90) days of
final action.
2 . A subdivision improvement agreement, if required, shall be executed and
recorded with the Jefferson County Clerk and Recorder concurrently with
recordation of the final plat. Guarantee shall be provided as required by section
26-418.
3. If public land dedications or easements are not conveyed by final plat, deeds or
other documents of conveyance for such dedications shall be executed and
recorded with the Jefferson County Clerk and Recorder concurrently with
recordation of the final plat.
4 . Fees in lieu of parkland dedication, if required by section 26-414, shall be paid at
time a recordable document is submitted .
5. Fees in lieu of constructing public improvements, if required, shall be paid at time
a recordable document is submitted.
6. For lot line adjustments, a deed to transfer title of property from one owner to the
other must be recorded along with the plat.
7. If the applicant fails to provide all required recordable documents within ninety
(90) days of final action, the approval shall expire. The community development
director is authorized to grant, in writing, one (1) or more extensions of time, for
period of not more than thirty (30) days each . The extension shall be requested
in writing and justifiable cause shown.
8. No building permits shall be issued until the plat is recorded.
E. Review considerations. Decisions on subdivision applications are technical and
non-discretionary in nature. The regulations and standards of this article shall be used
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by the city council, planning commission, and community development director in
judging the merits of the application submitted for review.
F. Appeal. Because of the technical and non-discretionary nature of subdivision
decisions, an appeal may be filed only when a decision is based in whole or in part on
an incorrect finding of compliance with these regulations.
1. Appeals may be filed by the applicant or property owner.
2. A written appeal shall be submitted to the community development department
within ten (10) days of a decision.
3. Any appeal of the community development director's decision shall be heard by
the planning commission at a public hearing in accordance with section 26-109.
4. Any appeal of the planning commission's decision shall be heard by the city
council at a public hearing in accordance with section 26-109.
Sec. 26-407.-Error correction.
Occasionally errors may be discovered on a recorded plat, and revisions are necessary
which do not affect the character of the subdivision. It is the intent of the city to establish
reasonable standards and administrative procedures to correct such errors in order to
protect the interests of affected property owners.
A. Types of errors. Minor errors which are eligible for administrative correction include,
but are not limited to, the following:
1. Typographical and spelling errors or transpositions.
2. Incorrect seals.
3. Incorrect dates.
4 . Monumentation incorrectly noted, drawn or missing.
5. Incorrect or missing bearings and/or dimensions on the drawing.
6. Missing or incorrectly displayed arrows or symbols.
7. Street name changes or corrections.
8. Removal of or revisions to utility easements upon approval of all affected utility
companies.
9. Additions to or deletions from the legal description or dedicatory language that
are not typographical in nature.
1 O.lncorrect certificates or signatures.
11. Other items or circumstances to be determined by the community development
director and/or the director of public works.
B. Correction procedure. Corrections approved by the community development director
and any affected agencies are made by an affidavit of correction. The affidavit is
prepared by city staff, and any necessary exhibits are prepared, signed and sealed by
the professional land surveyor of record. The affidavit is signed as needed and
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appropriate by the owner, land surveyor, community development director, mayor, and
city clerk. The affidavit shall reference the title of the original subdivision and be
recorded with the Jefferson County Clerk and Recorder's office.
C . In no instance shall additional parcels be created, lot lines adjusted or the general
character of the subdivision be altered by an affidavit of correction.
Sec. 26-408. -Resubdivision.
The redivision of any lot, tract, or parcel or the relocation of public streets within an
approved subdivision shall be considered a resubdivision or replat and shall require a
new application subject to the procedures described in section 26-406.
Sec. 26-409. -Variances and waivers.
A. Review procedure. Any subdivision application that includes a request for a
variance or waiver shall be processed as a major subdivision and reviewed by planning
commission and city council.
B. Variance. Where a subdivider proposes a plat that does not fully comply with the
development standards contained in these regulations or in the zoning code, the
subdivider must provide a written variance request as part of the application contents.
The variance request shall be considered pursuant to the procedures, review criteria,
and voting ratios set forth in sections 26-115 and 2-53 (d).
C. Waiver. A waiver is a permitted exemption or reduction from a design principle or
required improvement based on the specific conditions, circumstances or design
context of a development proposal. The burden of demonstrating that a waiver is
justified falls on the applicant.
1. Process. The applicant shall submit to the community development department
a letter requesting the waiver and providing justification addressing the review
criteria in subsection 2 below. The waiver shall be considered concurrently with
review of the final plat. Final action on the request shall be made by city council.
2. Review criteria .
a. Unique physical circumstances exist that limit the ability of the property to
comply with the regulations set forth in this article . Special circumstances or
conditions include narrowness, unusual shape, exceptional topographic
conditions, floodplains, or other extraordinary situations. Financial difficulties,
loss of prospective profits and previously approved exceptions in other
subdivisions shall not be considered as special circumstances or conditions;
or
b . An alternative design exists that will meet the intent of the standards and
requirements set forth in this article. The waiver:
i. Shall provide for orderly subdivision of land;
ii. Shall benefit the public without detriment to public interest or surrounding
properties;
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iii. Shall not be in conflict with the comprehensive plan or the spirit of
approved policies and regulations ; and
iv. Shall not endanger public safety .
Sec. 26-410.-Application contents.
A. Application contents. A complete subdivision application shall include:
1. Complete and notarized application form .
2. Appropriate fee.
3. Proof of ownership , such as copies of deeds .
4 . Written authorization from property owner(s) where an agent acts on behalf of
the owner(s).
5 . A written description of the request.
6. Mineral rights certification form .
7. Commitment for title insurance, if applicable.
8 . Geodetic surveying requirements checklist, completed and signed by surveyor.
9 . Closure sheet(s) for the exterior boundary and all individual lots , with the area
rounded to the nearest square foot and acreage to four (4) decimal places .
10 . Final plat. The application shall i nclude the appropriate number of copies and
electronic files, as determined at the pre-application conference . All final plats
shall comply with C.R.S. Article 51, Title 38 . All form and content requirements
shall be met, as described below in subsections Band C.
11. Supplemental reports . In addition to the information contained on the final plat
supportive information may be required in the format of hard copies, electronic
files , or both . These may include, but are not limited to :
a. Trip generation or traffic report ;
b . Final drainage report and plan ;
c . Grading , drainage , and erosion control plan;
d . Stormwater management plan (SWMP);
e. Stormwater operations and maintenance manual (O&M Manual);
f . Civil construction plans ;
g. Subdivision improvement agreement or development covenant agreement;
h . Exhibit and deed for partial right-of-way dedications ;
i. Homeowner's association declaration or agreement.
B. Form of final plat.
1. Maps of the subdivision plat shall be drawn at not less than a scale of one (1)
inch equals one hundred (100) feet.
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2 . Outer dimensions of the map shall be twenty-four (24) inches by thirty-six (36)
inches with the following minimum margins: at least one (1) inch along the top
and at least one-half (%) inch on the bottom and right sides .
3. Once a plat is approved, the plat shall be photographically reproduced or
computer plotted on four millimeter (.004) thick mylar. No sticky-backs, transfer
lettering, or labels shall be used on the mylar. All signatures must be permanent
black ink. No ball point pens shall be used.
4. Maps of two (2) or more sheets shall be referenced to an index map placed on
the first sheet and each sheet shall be numbered (e.g. sheet 1 of 3).
C. Content of final plat.
1. Project information.
a. Title of document. The title of the subdivision shall not duplicate another
subdivision plat title in the records of the Jefferson County Clerk and
Recorder's office.
b. A surveyed metes and bounds legal description of the platted boundary, with
section ties to two (2) section corners in conformance with city geodetic
surveying requirements. Coordinates for all section corners, and quarter-
section corners, and PHAC points used shall be consistent with the City of
Wheat Ridge current city datum, and are available from the public works
department.
c . Basis of bearing statement, consistent with current city datum.
d. Small scale location map, with north arrow and scale.
e. Name, address, and phone number of architect, engineer, or surveyor
associated with the project.
f. Appropriate signature and certification blocks as determined by the
community development department, such as for owners, lenders, and city
officials.
g. Signature and seal of the Colorado licensed professional land surveyor along
with a statement that the survey was performed by him/her or under his/her
direct responsibility, supervision, and checking, and in accordance with all
City of Wheat Ridge requirements and applicable Colorado Statutes, current
revised edition, as amended.
h. Release of areas dedicated to public use by mortgage or lien holder.
i. Standard easement notes as determined by the community development
department.
j. Dedicatory statement, if applicable.
k. Case history box with reference case numbers.
2. Graphical information.
a. All items on the City of Wheat Ridge geodetic surveying requirements for final
plats shall be adhered to and provided on the plat.
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b. Graphical representation of property boundary consistent with legal
description .
c . Lot areas and dimensions for each lot , tract , and parcel.
d . Accurate dimensions for all lines , angles , and curves used to describe
boundaries , streets , alleys , easements , areas to be reserved for public use ,
and other important features .
i. Distance and bearings shall be on current city datum.
ii. All curves shall be circular arcs and shall be defined by all of the following :
the radius , central angle , arc length , chord length , and chord bearing .
iii. All dimensions , both linear and angular, are to be determined by an
accurate control survey in the field which must balance and close within a
limit of at least one (1) in fifty thousand (50 ,000).
iv . No final plat showing plus or minus dimensions will be approved.
v . Total area shall be rounded to the nearest square foot and acreage to four
(4) decimal places .
e . Monument information, including :
i. A description of all monuments that mark the boundaries of the property ,
both found and set, and a description of all control monuments used in
conducting the survey .
ii. Right-of-way survey monuments shall be established per City of Wheat
Ridge standard specifications for all new roadways or relocation of
existing roadways , at all new road right-of-way centerline intersections ,
center of radius for cui-de-sacs , and at the end of the centerline for dead
end streets. Right-of-way survey monuments may also be required at
roadway centerline points of curvature, points of reverse or compound
curvature, and points of tangency , as determined by the department of
public works .
iii. Coordinates for all control monuments used shall be consistent with the
current city datum.
f. Identification of all proposed lots , blocks , and street names . Tentative
addresses for each lot shall be provided by the city.
g . Identification of existing streets , alleys , parks , and other public facilities.
h. Identification of all easements within and abutting the subject property ,
including the purpose and dimensions. If any easement already of record
cannot be definitely located, a statement of its existence and its recorded
reference shall appear on the plat title sheet.
i. Identification of adjacent property by subdivision name, lot, and block. If
adjoining land is unplatted , it shall be identified as such.
j. Identification of zoning within and adjacent to subject property .
k . Identification of areas reserved for future public acquisition .
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I. Extent of 1 00-year floodplain and floodway , if applicable.
m . Legend , north arrow, and scale (not to exceed 1" = 1 00 ').
Sec. 26-411.-Subdivision design.
A. General requirements .
1. Name of subdivision. The title of the subdivision shall not duplicate another
subdivision plat title in the records of the Jefferson County Clerk and Recorder's
office .
2. Compliance with other provisions. All subdivisions shall comply with applicable
zoning , design , and development regulations set forth in Chapter 26 .
B. Blocks .
1 . Block lengths and widths shall be suitable for the proposed land uses and for the
zoning requirements pertaining to minimum lot sizes and dimensions .
2. In blocks over one thousand (1 ,000) feet long , mid-block pedestrian crosswalks
may be required as determined by the department of public works .
3 . For property in a mixed use zone district, block size shall also conform to
requirements in section 26-1108.B .
C. Lots .
1. All lots shall be developable and capable of being built upon . Where
undevelopable tracts are necessary for purposes other than building , the plat
should designate the tract and identify the purpose , maintenance , and ownership
of such .
2. Lots shall meet all applicable zoning requirements.
a. Individual townhouse lots shall be exempt from minimum lot size , lot width ,
and interior side yard setback requirements , so long as the development
parcel for the entire multi-unit townhouse building meets all standards of
article II. Individual townhouse lots shall not be developed for any purpose
other than town homes, and the plat shall include a note to this effect.
3 . Through lots shall be avoided , except where essential to provide separation from
major arterials .
4 . Side lot lines shall be substantially at right angles or radial to street l ines when
feasible .
5. Reverse corner lots shall be avoided where possible.
6 . All lots or parcels created by subdivis ion shall have access to or frontage upon a
public street as required by 26-609.
7 . Flag lots are not encouraged but are permitted when they are the most
appropriate development option as determined by the community development
director. Use of a flag lot design shall meet the following criteria :
a. The minimum width of the pole portion abutting a public street is 25 feet.
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b . Use of a flag lot design is necessary for effective development of land .
c. The proposed design does not negatively affect public safety and includes
clearly defined access for private use and for emergency service.
D . Transportation and connectivity.
1. In all subdivisions , the vehicle access and circulation system shall accommodate
the safe, efficient , and convenient movement of vehicles , bicycles , pedestrians
and transit through the development as well as to and from adjacent properties
and land uses .
2 . The layout and design of all sidewalks , trails and bicycle paths shall be
consistent with the Bicycle and Pedestrian Master Plan and all other adopted
plans and policies.
3. The creation of reserve strips adjacent to the right-of-way which may be used to
deny access to a street shall not be permitted.
4. See section 26-412 for street design standards .
E. Stormwater, drainage , and floodplains .
1. Drainage , wetland , and floodplain areas shall be preserved in their natural state .
No encroachments shall be made on existing channels to preserve the natural
and beneficial functions.
2. Where drainage and wetland areas are encroached upon , acceptable mitigat ion
shall be provided .
3. The platting of wetland or floodplain areas that are under federal jurisdiction shall
be subject to applicable federal review .
4 . Any subdivision must allow continued historic flow of waters , and provide
drainage easements and stormwater facilities for proposed and actual on-and
off-site runoff.
5. Any land within the regulated 1 00-year floodplain or other areas subject to the
1 00-year flood shall not be platted for development unless adequate provisions
are made to provide for, to eliminate, or control flood hazards .
6 . For any land within a special flood hazard area, the plat shall include base flood
elevations and the limits of the 1 00-year floodplain and floodway .
7. All subdivision proposals shall be consistent with the need to minimize flood
damage as outlined in Article VIII.
F. Slope .
1. Steep land (ten percent slope or greater), unstable land , and areas having
inadequate drainage , are problems that may endanger health , life or property .
Areas with such problems shall not be subdivided unless acceptable provisions
are made by a registered engineer qualified in the particular field which eliminate
or control the problems .
2 . Such areas may be included as part of a lot or lots where there is a building
portion free of such problems .
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G. Easements .
1. Utility . Utility easements shall be designed to minimize the encumbrance to the
lot, to minimize maintenance problems, and to avoid anticipated locations of
buildings or street trees. For new streets, utilities may be located within the right-
of-way as approved by the public works department.
2. Drainage and irrigation facilities . All proposed on-site stormwater detention
facilities shall lie within a stormwater detention easement. Where a subdivision is
traversed by an irrigation ditch or channel, natural creeks or streams, an
easement sufficient for drainage and to allow for maintenance of the ditch shall
be provided. The width and location of this easement shall be approved by the
controlling irrigation ditch company or lateral ditch users. When off-site
detention , retention or conveyance is required, a recorded easement from the
affected off-site property owner is required at the time of plat recordation .
3. Sidewalk. Sidewalk and landscape easements may be required when the
sidewalk or streetscape improvements required by the Streetscape Design
Manual or Bicycle and Pedestrian Master Plan are not within a dedicated street
right-of-way. The width of this easement shall be determined by the public works
department.
4. Access. When it is required to have circulation between adjacent properties ,
cross access/ingress-egress easements shall be provided on the plat.
5. Other easements may be required by the community development or public
works departments.
6. All easement areas shall be maintained by the underlying fee simple property
owner or appropriate owners' association. All improvements located in, on, over
or under the easements shall be maintained by the applicable and/or designated
agency . Other improvements provided by the fee simple property owner shall not
interrupt nor in any way interfere with the designated and continued use of the
easements and improvements located thereon. The city shall not be responsible
for maintenance of easements and/or improvements thereon , unless otherwise
approved by the city council.
H . Nonresidential subdivisions.
1 . Applicants shall demonstrate that street , block , and lot layout in a nonresidential
subdivision is appropriate for the anticipated uses .
2. Lots proposed for commercial or industrial development shall be suitable in area
and dimension for the types of anticipated development.
3 . Vehicular access and circulation should be designed to minimize the number of
curb cuts , increase connectivity , and encourage shared access points from the
street.
4. Nonresidential subdivisions shall designate areas for appropriate cross access
easements .
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Sec. 26-412.-Street design.
A. General.
1. Streets shall conform to the requirements set forth in the subdivision regulations,
the comprehensive plan, the Bicycle and Pedestrian Master Plan, and the
Streetscape Design Manual of the City of Wheat Ridge.
2 . All public streets shall be designed and constructed according to the city's
current design and construction standards, the Streetscape Design manual, and
the Bicycle and Pedestrian Master Plan.
3. Private streets shall not be allowed.
4 . Fire apparatus access roads shall comply with the requirements of the
appropriate fire protection district.
5. Street names shall conform to the standard metropolitan grid pattern, as outlined
in section 26-639.
B. Access.
1. For residential subdivisions, all lots shall have frontage on a public street with the
exception of those lots served by private drive or easements. Private drives shall
have a minimum width of 25 feet, shall be designated by recorded easement,
and shall provide access to no more than four (4) dwelling units.
2. Whenever possible, residential lots shall not front on arterials (Class 3) or
collectors (Class 4). Access to a freeway, arterial or collector shall occur only at
intersections approved by planning commission and city council. Such design
shall be reviewed by the director of public works in consultation with the city
traffic engineer.
3. Any use providing access to an expressway, arterial, collector, state highway or
interstate frontage roads, may require the subdivider to construct and dedicate
acceleration and/or deceleration lanes along those streets upon which access is
obtained. This requirement shall be determined at the time of subdivision, site
plan approval for planned developments, rezoning or building permit review and
shall be in accordance with the criteria of section 26-620.
C. Connectivity.
1. The proposed street layout shall provide for the continuation of existing, planned
or platted streets in the surrounding area unless the city determines that such
extension is undesirable for specific reasons of topography or design .
2. Proposed streets shall be extended to the boundary of a subdivision to provide
for future connections to adjoining lands.
3 . If a dedicated or platted half-street or partial right-of-way is adjoining or parallel to
a subdivision boundary, the other half of the street shall be dedicated.
D. Design.
1. Right-of-way standards.
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a . Street and alley rights-of-way shall conform to the city 's current standards for
width , grade , and design as determined by the public works department.
2. Cui-de-sacs.
a . Cui-de-sacs shall have a turnaround right-of-way diameter of at least ninety
six (96) feet.
b. For cui-de-sacs less than two hundred (200) feet in length in a single family
area , an alternate design such as a "Y", "T", "L", or loop may be considered
and approved by the city if the standard design is not feasible .
c . The center of the cul-de-sac bulb shall not be longer than seven hundred fifty
(750) feet from center line of the intersecting street.
d . Surface drainage on cui-de-sacs shall be directed toward the accompanying
street or where necessary to a natural watercourse or natural drainage basin
if approved by the director of public works . Drainage easements may be
required through abutting lots where no alternative is capable of carrying
drainage .
e. In the case of temporary cui-de-sacs , the provision for reduced lot widths
does not apply. Temporary cul-de-sac eyebrows shall be dedicated as tracts
on the subdivision plat. Radial lot lines shall not be allowed on temporary cui-
de-sacs .
3. Dead-ends .
a. Dead-end streets, with the exceptions of cui-de-sacs, shall be prohibited
unless they are designed to connect with future streets in adjacent land that
has not been platted , in which cases a temporary cul-de-sac bulb shall be
required . The "eyebrows" of temporary cul-de-sac bulbs shall be designated
as tracts on the plat.
4 . Intersections .
a . Arterial and collector streets shall be aligned to join with planned or existing
streets.
b. Additional right-of-way or pavement width may be required at intersections.
The design of intersections shall be determined by the public works director,
or when applicable , the Colorado Department of Transportation .
c . Intersections of streets shall be at right angles whenever possible and shall
not exceed a variation of ten (1 0) degrees from a right angle.
d. When "T" intersections are used, the center lines of the streets not in
alignment must be offset a minimum of three hundred (300) feet when
connected to a collector street and one hundred fifty (150) feet when
connected to a local street.
5. Reverse ("S") curves.
a . Reverse curves on arterials shall be joined by a tangent section at least two
hundred (200) feet in length . Reverse curves on collectors shall be joined by
a tangent section at least one hundred (100) feet in length .
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6. Grade and Topography.
a . Streets shall be designed to bear a reasonable relationship to the topography
of the land to the maximum extent feasible.
b. The maximum grade by street classification shall not be exceeded; maximum
grade is determined by the public works department.
Sec. 26-413.-Dedications and exactions, general provisions.
A. Plat dedications .
1. Dedications of rights-of-way for public streets, utility easements, drainage and
maintenance easements, and other interests required under the provisions of this
article shall be made by the subdivider on the plat unless otherwise directed by
these regulations or city council.
B. Expansion or redevelopment of existing developments.
1. When existing development does not meet current design standards or is
insufficient regarding current service capacities, the city shall require dedications
or exactions to adequately meet the current standard or need upon development,
redevelopment or expansion of these properties.
2 . Dedications required at the time of issuance of a building permit for development,
redevelopment, expansion or change of use shall include up to a half-width street
dedication and/or construction based on street standards in the subdivision
regulations, comprehensive plan , Bicycle and Pedestrian Master Plan, and
Streetscape Design Manual. These construction improvements could include
street reconstruction, paving , curb , gutter, sidewalk or other improvements
deemed necessary by the director of public works. See section 5-45 .
3 . These dedications or exactions can be required at the time of rezoning,
subdivision or building permit.
Sec. 26-414.-Dedication of public parks and sites.
A. Public parks and trails.
1. Purpose . Parkland dedication is based on the presumption that new residents
create additional demands for and burdens on park, trail , open space , and
recreation facilities. Land dedication for park facilities or cash-in-lieu fees are
roughly proportional to the demands created by new residential development and
contribute to the cost of acquisition and/or improvement of new or existing
facilities.
2. Applicability and exemptions .
a. The requirements of this section apply to the following types of development
and subdivision :
i. Residential subdivisions.
ii. Residential development.
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iii. Replatting or redevelopment that results in an increase in the number of
dwelling units .
b. Exemptions . Nursing homes and similar confined care or skilled nursing
facilit ies are exempt from the requirements of this section.
3. Process for assessing parkland needs.
a. As part of the subdivision review process, an application shall be referred to
the parks and recreation director to determine whether land dedication or
cash-in-lieu payment is appropriate.
b . A determination shall be based on the available land area within the
development or subdivision and based on the city's Parks and Recreation
Master Plan .
4 . Requirement for parkland dedication .
a . Land dedication or cash-in-lieu required . The owner/developer of land to
which this section applies shall, at the option of the city , either:
i. Convey to the city in fee simple no less than seven and one-half (7 .5)
acres per one thousand (1 000) people based on the projected population
for the development and determined in accordance with this subsection ; or
ii. Pay to the city a sum of money based on a per acre fee adopted by
resolution of the city council. A cash-in-lieu fee schedule shall be
established with consideration for the per acre costs of acquiring and
improving park land .
b. Population density standards. For the purpose of determining park land
dedication requirements , the projected population of a residential
development or subdivision shall be based on the following density factors :
i. Residential development citywide average household size •
(a) This density factor shall be based on city housing and population data ,
expressed as a number of persons per dwelling unit, as established by
the community development director on an annual basis and published
in the manner provided for publication of ordinances under the Wheat
Ridge Home Rule Charter.
ii. Housing within a designated urban renewal area: 1.7 persons per dwelling
unit
iii. Housing within a mixed use development 1.7 persons per dwelling unit
(a) For the purposes of this section , m ixed use shall mean the
development of a parcel or parcels that includes residential and non-
residential primary uses on the same s ite .
iv. Housing within %-mile of a transit station : 1.7 persons per dwelling unit
(a) For the purposes of this section, a transit station shall mean the
property of any RTD Gold Line commuter rail station , RTD Park-n -
Ride , or RTD Transfer Station .
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v. Housing for seniors: 1.5 persons per dwelling unit
(a) For the purposes of this section, senior housing shall be limited to a
development qualifying as intended for, and qualifying as, "housing for
older persons" pursuant to the Federal Fair Housing Act (42 U.S.C.
Section 3607(b)(2), as amended). In the event that a development
intended for "housing for older persons" fails to qualify for such status
under the applicable provisions of the Fair Housing Act or pertinent
regulations, or having achieved such status thereafter relinquishes or
otherwise fails to maintain such status, additional land dedication or
cash-in-lieu payment shall be required, based upon the appropriate
density factor set forth in this subsection.
c. Calculation. The following formula shall be used to determine the minimum
amount of land to be dedicated :
[(number of proposed dwelling units) x (density factor) x (7.5 acres)]+ 1000
people
d. Form and timing of dedication. If land dedication is acceptable, the site shall
be free of all liens and encumbrances and shall be conveyed to the City either
on the plat or by warranty deed at the time the plat is recorded, accompanied
by a current title commitment showing the property free from liens and
encumbrances, in a form approved by the community development director.
e. Form and timing of cash-in-lieu payment. Cash-in-lieu payments shall be
paid to the City by certified check and deposited in the City account to be
used solely for the acquisition, development, or improvement of parks, open
space, bicycle and pedestrian trails, and related facilities. For subdivisions,
payment shall be made at the time the plat is recorded. For development,
payment shall be made prior to building permit issuance .
5. Required improvements on and adjacent to park land dedication. The subdivider
shall be responsible for the cost of park development and all of the required
public improvements for streets adjacent to dedicated parks, as outlined in an
improvement agreement per section 26-418 .
6. Required improvements on existing park land. The city shall be responsible for
road construction improvements on or adjacent to existing park land or other
publicly-owned property.
7 . Prior dedications. In the event the land being subdivided has been annexed and
as part of the annexation proceedings has been subject to a park land
contribution, or a cash payment in lieu thereof, or a dedication for public
purposes, then the requirements as herein set forth for land or cash in lieu of
land shall be waived .
B. Dedications for other public sites.
1. Dedication of sites for public use, such as schools and fire stations , shall be
delineated on the final plat with appropriate dedicatory statements on the plat.
2 . At the discretion of the public agency requiring the dedication, cash in lieu of land
dedication may be required. The cash-in-lieu fee shall be equivalent to the full
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market value of the acreage required for park land dedication. Value shall be
based on anticipated market value after completion of platting and construction of
public improvements.
Sec. 26-415.-Dedication of public streets.
A. Dedication . Street dedication requirements shall be based on the city's adopted
comprehensive plan, the Bicycle and Pedestrian Master Plan, and the Streetscape
Design Manual of the City of Wheat Ridge.
1. Full. Dedication of a public street shall be by plat and shall be processed as a
major subdivision.
2. Partial. A partial right-of-way dedication is acceptable if it is required to complete
a substandard street already in existence .
a . Half streets. For streets on the perimeter of a subdivision, the subdivider may
be permitted to dedicate sufficient right-of-way to provide an adequate street
width for two (2) lanes of traffic in accordance with the city's standards and
specifications. In such instances, the subdivider shall be required to construct
one-half of the street width plus six (6) feet or other design as determined and
approved by public works department. If on street parking is desired, more
right-of-way will be required.
b. Administrative or minor subdivision . Where a partial right-of-way dedication is
required as part of an administrative or minor subdivision application, the
right-of-way may be dedicated to the city by separate document. On the plat,
the right-of-way to be designated shall be labeled as a tract, and a plat note
shall indicate that the dedication of the tract will be by separate instrument.
An exhibit and deed shall be prepared, signed and sealed by the professional
land surveyor of record and submitted to the community development
department as part of the application packet.
B. Future right-of-way expansion note.
1. When a development parcel is adjacent to a public street for which widening is
not imminent but is contemplated in adopted plans of the city, county, Denver
Regional Council of Governments, and/or the Colorado Department of
Transportation, a note shall be placed on the plat identifying the proposed
expanded right-of-way line.
2 . By identifying the proposed expanded right-of-way line , the subdivider
acknowledges there may be a future reduction in the usable area of the site in
connection with a future roadway widening . Buildings are strongly discouraged
within this area .
Sec. 26-416.-Vacation of right-of-way and removal of easements.
A. Right-of-way vacation.
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1. Any subdivision application including a request for right-of-way vacation shall be
processed as a major subdivision in accordance with sections 26-406 and 26-
118.
2 . Right-of-way vacations by plat shall be noted as being "hereby vacated by this
plat."
B. Easement removal.
1. Easements vacated by plat shall be noted as being "hereby vacated and
released by this plat."
2. Easements requested to be vacated separately from a plat application may be
processed as error correction. The applicant shall include written and notarized
approval from affected property owners and utility agencies . See section 26-407
C . Separate sheets for vacation and rededication may be necessary for clarity.
Sec. 26-417.-Required public improvements.
A Applicability. Provision of public improvements may be required as a condition of
approval of a subdivision or development application .
B . Compliance with city standards .
1. Specifications for all public improvements are to be determ ined by the public
works department, or in the case of utilities , by other reviewing agencies .
2 . No public improvements shall be made until all engineering plans and
spec ifications have been reviewed and approved by the department of public
works and all applicable permits have been obtained .
C . Types of public improvements:
1. Street and/or streetscape improvements. Construction of street improvements or
payment in lieu is required only for certain types of subdivision or development
applications as outlined in subsection E below. Street improvements include , but
are not limited to , the following :
a . Paved streets .
b . Paved alleys (when platted).
c . Curbs and gutters.
d. Sidewalks , attached or detached.
e . Streetscape enhancements , including but not limited to street lights , amenity
zones , and street furniture . Refer to the city 's Streetscape Design Manual.
f. Traffic control devices , including but not limited to street name signs and
signals .
g . Landscaping .
h . Other improvements as specified by the director of public works or other
reviewing agencies.
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2. Drainage improvements . The subdivider/developer is responsible for installing
drainage improvements including, but not limited to, the following:
a . Storm drainage improvements, storm sewers, open drainage channels, water
quality/detention and related facilities.
b. Erosion control measures, in accordance with sections 20-1 through 20-4 of
the municipal code and based on the current Urban Drainage and Flood
Control District Criteria Manual.
3. Utilities . The subdivider/developer is responsible for installing utilities.
a. All new development shall be served by public water and sanitary sewer lines
through the appropriate district.
b . The following utilities shall be provided:
i. Water lines.
ii. Sanitary sewer lines.
iii. Electric and natural gas lines.
iv . Telephone, cable, and similar utility services.
v. Fire hydrants. Fire hydrant location, spacing and fire flow shall be
determined by the fire chief of the local fire district with due consideration
of their possible use as may be reflected by the hazards of the locality.
c. The placement of utilities shall be as follows:
i. All new utilities shall be placed underground.
ii. Certain components may be placed above ground, including transformers,
switching boxes, terminal boxes, meter cabinets, pedestals, ducts, and
other facilities necessarily appurtenant to such underground utilities .
Electric transmission and distribution feeder lines and communication long
distance trunk and feeder lines and necessary appurtenances thereto may
be placed above ground . Such above ground facilities shall be placed
within easements or public rights-of-way provided for particular facilities.
4 . Monuments. The subdivider is responsible for installing the following
monumentation in compliance with Colorado State Statutes and with current city
standard :
a. Permanent survey monuments, range points, and lot pins.
b. Monumentation of right-of-way. City will furnish right-of-way monument and
range box hardware upon request.
5. Other improvements . The subdivider is responsible for installing other
improvements required by the city , utility or special districts.
D. As-built plans upon completion.
1. After installation of public improvements, the owner shall provide to the city a
copy of "as-built" plans on the current City of Wheat Ridge datum showing the
public improvements and specifications in their as-built locations .
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2 . As-built drawings shall be prepared and certified by a registered professional
engineer in accordance with the requirements of Wheat Ridge and be submitted
prior to the city's issuance of the first certificate of occupancy in the subdivision .
3. As-built drawings shall be provided in hard copy and electronic format. Hard
copy drawings shall be signed and sealed by the engineer-of-record. Electronic
files shall be an appropriate file format as determined by the public works
department.
4 . Upon completion of on-or off-site drainage improvements , the engineer-of-record
shall provide to the city a letter of certification stating that the various
improvements as defined in the approved final drainage report and plan and
approved civil construction plans have been accurately surveyed to confirm their
construction is in accordance with these documents. The letter of certification
shall be written and stamped by the registered engineer-of-record , and shall be
submitted for review and approval by the city prior to the issuance of the first
certificate of occupancy in the subdivision .
E. Required street improvements.
1 . Applicable projects. The provision of street and/or streetscape improvements
may be required as a condition of approval for any subdivision or development
application that results in the following :
a. Dedication or construction of new roads,
b . Platting of new lots,
c. New development or redevelopment, or
d. Additions that increase existing floor area by 60% or more.
2. Construction or payment-in-lieu. Where street improvements are required based
on subsection 1 above, construction of improvements or payment-in-lieu is
required as follows:
a . New public streets. For any subdivision or development that includes a new
public street, the applicant shall be responsible for construction of the street
and associated public improvements based on current city standards .
b. Multifamily residential and non-residential.
i. For any subdivision or development associated with multifamily residential
or non-residential land uses, the applicant shall be responsible for
construction of public improvements based on current city standards .
ii. In the event that construction of required improvements would be
impractical and if it is recommended by the director of public works and
the community development director, the applicant may be required to pay
a fee-in-lieu of construction .
iii. If fees are paid in lieu of construction , the fee shall be based on an
engineer's estimate of the cost the public improvements that would
otherwise be built.
c . Single-or two-family residential.
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i. For any subdivision or development associated with single-or two-family
residential land uses, the applicant shall be responsible for construction of
curb, gutter, and five-foot sidewalk .
ii. An applicant may choose to install the improvements or pay a fee in lieu of
construction, however in the event that construction of improvements
would be impractical and if it is recommended by the director of public
works and the community development director, then an applicant may be
required to pay a fee in lieu of construction .
iii. If fees are paid in lieu of construction , the fee shall be based on the linear
frontage of the lot and the prevailing cost of curb, gutter, and sidewalk as
determined by the public works department.
3. Timing of payment. If fees are paid in lieu of construction , the fee shall be paid to
the city as condition of approval. The timing of payment shall be as follows :
a. For subdivision plats , prior to the recordation of an approved subdivision plat.
b. For planned developments , prior to the recordation of an approved planned
development.
c . For other development, fees shall be paid prior to issuance of a building
permit or at the time specified in a condition of approval by the community
development director, planning commission or city council.
Sec. 26-418.-Agreement and financial security for required improvements.
In the event that public improvements are required by section 26-417 , an applicant shall
enter into an agreement with the City that clearly establishes the responsibility of the
subdivider/developer to construct any required public improvements .
A. Subdivision improvement agreement.
1. The community development department and the subdivider shall prepare an
agreement in a format provided by the city which details the obligations of the city
and the subdiv ider/developer, the estimated costs of public improvements to the
property, and the amount of letter of credit which is to be supplied by the
subdivider/developer.
2 . After final action on the final plat, the agreement shall be executed and recorded
with the Jefferson County Clerk and Recorder concurrently with recordation of
the final plat.
3. In the event that public improvements are required by section 26-417 separately
from a subdiv ision application , this agreement shall be called a public
improvement agreement. All provisions of this section shall apply .
B. Requirement for financial security.
1. With the subdivision improvement agreement , a letter of credit acceptable to the
city must be furnished by the subdivider to ensure the installation and
construction of the required improvements in a manner approved by the c ity and
in a reasonable period of time .
28
2. The amount of the letter of credit shall be based upon an itemized cost estimate
prepared by the developer and approved by the city .
3 . The minimum guarantee shall be for one (1) clearly defined block or one (1) filing
of the subdivided area . Each filing shall be clearly defined on the plat and be
addressed in the agreement.
4. Form of guarantee:
a. The guarantee shall be for one hundred twenty-five (125) percent of the
estimated costs of the required public improvements as computed by the
subdivider and approved by the director of public works and/or the community
development director.
b . No security drawn upon a bank or financial institution having any relationship
to the subdivider or any principal, director, officer or shareholder of the
subdivider (other than the relationship of depositor or checking account
holder), shall be acceptable . The city may reject any security for any reason.
c. The guarantee shall be in the form of an irrevocable letter of credit in a form
satisfactory to the city attorney which guarantees the city that the financial
backing is available so that improvements will in fact be completed and paid
for.
1. The letter of credit may be from any financially responsible lender that is
not directly or indirectly owned or controlled by the subdivider.
11. The letter of credit shall be in effect for a minimum period of one (1) year
and shall be renewable for subsequent one-year periods at the city's sole
discretion.
iii. The letter of credit shall be such that the city is assured that the subdivider
has funds committed to the amount and for the purpose stated in the
agreement and that in the event of a default by the subdivider, the city
shall have available to it, upon demand, funds necessary to construct
any/or all of the public improvements and pay for the same .
5. Release of guarantee:
a. Guarantee shall be held in perpetuity until released by the director of public
works .
b. The city may release portions of the letter of credit in increments of no less
than twenty-five percent (25%) at the discretion of the director of public works
upon written request of the subdivider. In such case, an amended letter of
credit shall be required .
C . Deferred construction/development covenant.
1. Where prior construction of required improvements under section 26-417 would
be impractical and if it is recommended by the director of public works and the
community development director, a development covenant may be entered into
by the City of Wheat Ridge and the owner.
29
2 . The development covenant shall be signed by the director of public works and
attested by the city clerk and shall be recorded in the office of the Jefferson
County Clerk and Recorder.
3 . The development covenant shall be in a format provided by the community
development and public works departments.
4. Financial guarantee may not be required in associated with a development
covenant.
D. Violation of agreement. In the event the subdivider fails to complete or pay for the
improvements outlined in the subdivision improvement agreement or development
covenant or commits any other breach of the terms of the agreement , the city may
enforce the agreement by any suit in law or equity. The city shall have the power to
enjoin any subdivider from selling , agreeing to sell or offering to sell subdivided land
before a final plat and all required improvements for such subdivided land has been
approved by the city .
Sec. 26-419.-Forms.
A. The community development director shall maintain forms of signature blocks , plat
notes and certifications for use in connection with approved plats .
B. The community development director shall maintain a fee schedule for the
processing of subdivision applications . Fees will be assessed in accordance with
section 26-108 and the established schedule .
Sees. 26-420-26-500. Reserved.
Section 2. Section 2-60 , subsections (i) through (m) of the Code , pertaining to
the functions of the planning commission, are hereby amended (with appropriate re-
lettering) to read :
(i) Minor subdivision plats without public street dedications or public reservations shall
be heard and approved by the planning commission at a public hearing. Public hearings
shall be conducted following procedures outlined in the subdivision regulations.
(j) Minor subdivision plats with public street dedications or public reservations shall be
heard by the planning commission at a public hearing and shall then be for11arded with
their recommendations to city council for final approval. Public hearings shall be
conducted following procedures outlined in the subdi'+'ision regulations .
(k) Wherein the planning commission has denied a minor subdivision , an applicant may
appeal that decis ion to city council in accordance with paragraph (f) of this section.
VVherein the planning commission has approved such a minor subdivision , aggrieved
adjacent property owners may appeal that decision to city council in accordance with
paragraph (f) of this section.
(I) Special use permits for curb cut modification , parking lot buff€ring and parking in
front of multifamily developments shall be decided by the planning commission.
30
(m)Amendments to the subdivision regulations shall be initiated by the planning
commission or referred to it by the city council. The commission's recommendation shall
be forwarded to the city council for amendment and/or approval within thirty (30) days of
referral of a proposed amendment by the city council. The date of referral shall be the
date on which the council makes its decision to refer the proposed amendment to the
planning commission. Failure to make any recommendation to the city council within the
thirty day time period shall be deemed a recommendation for approval of the proposed
regulation without comment and a referral of the proposed amendment back to the city
council for necessary action. The city council may mctend the thirty day period based
upon a finding that such extension ·.vould serve the best interests of the city.
Section 3. Section 5-45 of the Code , pertaining to required public improvements
and building permits , is hereby repealed and reenacted to read :
(a) Applications for building permits shall be reviewed by the director of public works to
determine whether the proposed construction will require the installation or
construction of public improvements including , but not limited to , street paving ,
curbs , gutters , sidewalks , drainage facilities , or other improvements as may be
required by this section or the subdivision regulations .
(b) The requirements of sections 26-413 , 26-414, 26-415 , 26-417 , and 26-417
pertaining to public improvements and the dedication of streets , parks , and public
sites shall apply to any site development regardless of whether the application is
subject to subdivision review.
(c) If a fee-in-lieu of parkland dedication is required by section 26-414, the
requirement shall be included as a condition of approval on the building perm it and
payment shall be made to the city prior to issuance of a building permit.
(d) If public improvements are required by section 26-417, the requirement shall be
included as a condition of approval on the building permit. If fees are paid in lieu of
construction as provided in section 26-417, payment shall be made to the city prior
to issuance of a building permit.
(e) Any owner, contractor or developer who is aggrieved by a decision of the director
of public works requiring installation of such public improvements or payment of
funds in lieu of construction shall have the right to appeal the director's
determination to the board of adjustment pursuant to section 2-61 .
(f) The public works director shall have the authority to close any escrow held by the
city under the prior version of this section , for commercial or industrial projects and
refund the monies to the original depositor, upon satisfaction of the following
conditions :
( 1) The escrow has been held by the city for ten ( 1 0) years or more;
(2) Written notice and an opportunity for hearing before the public works director
shall be given by certified mail to the last known address of the developer;
(3) The director must find that the original purpose of the escrowed funds has
been or cannot be fulfilled.
31
Section 4. Section 26-106 of the Code , entitled "Review process chart " is
hereby amended to read :
TABLE INSET:
Pre-Applica tion Final
Approval Requested Notes
Staff Neighborhood Staff PC cc BOA URPC
[ ... ]
Maj or Subdivision X H H URA ART IV
§ 2e 404 .G
Minor Subd ivision X M M YAA § 2e 404 .8 (¥.¥dedisations)
Minor Subdivision Appeal to CC
(wJ.o dedisations) X H URA ART IV
§ 2e 404 .8
ADMINISTRATIVE X A ART IV SUBDIVISION
Minor Plat Gorrestion , § 2e 409 X A Amendment, Re11 ision
bot bine Adjustment X A § 2e 4~o
Gonsolidation Plat ~§ 2e 404 .D X M M YAA (t.Wdedisat ion)
Gonsolidation Plat 4X A YAA § 2e ~ ~7 (wJ.o dedisation)
[ ... ]
4-If fi\'e (5) or fewer parcels , minor subdivision process applies . If more than five (5)
parcels, major subdivision process applies.
Section 5. Section 26-108 , subsection A of the Code , pertaining to site
development fees , is hereby amended to remove reference to an outdated fee
schedule:
A. Procedure for payment. At the time the application for site development is first
submitted to the city , and prior to any review , the applicant shall pay to the city the fee
necessary to cover the administrative and review costs for each project requiring
review. The amount of the fee shall be established by the community development
department and KEPT is shown on Appendix A [on file in the office of the city clerk}.
Section 6. Section 26-110 , subsection A of the Code , pertaining to public
dedications and improvements , is hereby amended to read:
32
A. PUBLIC DEDICATIONS AND IMPROVEMENTS MAY BE REQUIRED IN
CONNECTION WITH SEVERAL TYPES OF SITE DEVELOPMENT APPLICATIONS.
The requirements of sections 26-413,26-414,26-415,26-417, and 26-418 26 412,26
413 and 26 421 , pertaining to subdi¥ision re•1iew PUBLIC IMPROVEMENTS AND THE
DEDICATION OF STREETS, PARKS, AND PUBLIC SITES, shall apply to public
dedications and impro¥ements and security therefore required in connection 'Nith any
site development APPLICATION, INCLUDING THOSE not requiring subdivision review .
Section 7. Section 26-115 of the Code is hereby amended to remove reference
to waivers:
Sec. 26-115 . Variance/wai\'ers/temporary permits/interpretations.
[ ... ]
B. Application requirements. All requests for a variance, wai•1er, temporary permit or
interpretation, as described herein, shall be made by the filing of an application,
together with the required fee and supporting documentation.
[ ... ]
C. Variances aRd v;aivers :
1 . Administrative variances fifty (50) percent or Jess : The director of community
development is empowered to decide upon applications for administrative
variances from the strict application of any of the "development standards"
pertaining to zone districts in article II and sections 26-501 (Off-street parking)
and 26-502 (Landscaping requirements), and 26-603 (Fencing) and Article VII
(Signage) of this chapter, which apply throughout the various zone district
regulations and in other situations which may be specifically authorized in the
various sections, without requirement of a public hearing, under the following
conditions:
[ ... ]
d. That no additional dwelling units would result from approval of such variance
or wai¥er.
[ ... ]
3 . Variances of more than fifty (50) percent: The board of adjustment is empowered
to hold public hearings to hear and decide only upon appeals for variances from
the strict application of the development standards pertaining to zone districts in
article II, sections 26-501, 26-503, 26-603 or Article VII of this chapter. Where a
variance is made a part of another administrative process, such as a change of
zone, subdivision or a formal site plan or development plan review which requires
a public hearing before the planning commission and/or city council, then the
planning commission and/or city council shall be empowered to decide upon
such variance request concurrent with such other process; however, in deciding
such variance or wai¥er the planning commission and/or city council shall be
subject to the voting ratio as applies to the board of adjustment, set forth in
Wheat Ridge Code of Laws section 2-53. In no instance shall the board of
33
adjustment hear or grant a variance as to use or as to an activity or development
which is prohibited by this chapter or by section 5.1 0 .1 of the Charter.
[ ... ]
D . Temporary permit for uses, buildings, signs and nonoperative vehicles.
[ ... ]
2 . One-month temporary permit: The director of community development is
empowered to decide upon applications for temporary buildings , uses or signs
which would not otherwise be permitted in a particular district, without
requirement of a public hearing , under the following conditions :
[ ... ]
d . The director of community development has notified adjacent property owners
in a form and manner as required for minor variances and waivers as set forth
in section 26-109 , and has received no objections. Any objections must be
received in writing and be directly related to concerns regarding the request.
General objections regarding existing land use conditions or issues not
related to the request will not be considered grounds for objection ; and
[ ... ]
E. Appeals. Appeal of any decision of the board of adjustment or city council which
either grants or denies applications for variances, waivers , temporary permits, or
interpretations may be made by the applicant, the city council or any aggrieved party to
district court within thirty (30) days of the decision. Appeal of any such decision of the
planning commission may be made by the applicant, or any aggrieved party to the city
council within ten (1 0) working days of the decision.
Section 8. Section 26-116 , subsections C , G and H of the Code , perta ining to
planned building groups , is hereby amended as follows:
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 and shall be accompanied by the APPROPRIATE APPLICATION fee set
forth in Appendix A ('Nhioh is on file and available for inspection in the offioe of the oity
slefkj, adequate proof of ownership , a certified survey of the parcel , and a site plan
under section 26-111.
[ ... ]
E. Subdivision of land subject to planned building group plan . Where it is desired to
subdivide a parcel of land , exclus ive 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 ay
the planned commission at the time of subdivision approval. [ ... ]
34
F. It is the intent of this section that subdivision review may be carried out
simultaneously with the review of planned building group plans permitted herein. All
requirements of the subdivision regulations for either minor (four (4) or fewer lots) or for
major (five (5) or more lots) subdivisions , in addit ion 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 submit separate
sheet(s) in addition to the planned building group plan.
Section 9. Section 26 -117 of the Code , pertaining to consolidation plats and
deeds , is hereby amended by the addition of subsection b (with appropriate re-lettering)
as follows :
A. REQUIREMENT FOR CONSOLIDATION PLAT. It is the intent of the City of VVheat
Ridge that where WHEN a development entails REQUIRES the aggregation or
consolidation of two (2) or more lots or parcels of land or portions thereof in order to
accommodate such development, such shall be considered a development lot. Prior to
issuance of a building permit in such instances, the owner shall file a consolidation plat.
ALL REQUIREMENTS OF THE SUBDIVISION REGULATIONS MUST BE
SATISFIED. Or a consolidation deed , together with certified boundary survey , ·.vhich
plat or deed and survey shall be revie\•Jed by the department of public •.vorks for
accuracy and , if found to be accurate, shall be recorded by the o•.vner with the Jefferson
County Clerk and Recorder. See article IV for plat requirements .
B. PROPERTY MERGER COVENANT. NONCONFORMING LOTS OF RECORD
MAY BE MERGED AS A CONDITION OF A PERMIT OR OTHER DEVELOPMENT
APPROVAL BY A PROPERTY MERGER COVENANT. A PROPERTY MERGER
COVENANT MAY BE USED IN THE EVENT THAT AN OWNER OF TWO OR MORE
ADJACENT LOTS WHICH CONTAIN AN EXISTING RESIDENTIAL USE WISHES TO
OBTAIN A BUILDING PERMIT FOR AN ACCESSORY STRUCTURE ON THE
PROPERTY OR AN ADDITION TO THE EXISTING STRUCTURE.
THE COVENANT SHALL ENSURE THAT THE PROPERTY BE HELD AS ONE
PARCEL AND SHALL RESTRICT ANY PORTION FROM BEING SOLD
SEPARATELY. THE COVENANT SHALL BE IN A FORM APPROVED BY THE CITY
ATTORNEY, RECORDED IN THE OFFICE OF THE JEFFERSON COUNTY CLERK
AND RECORDER, AND SHALL RUN WITH THE LAND. THE COMMUNITY
DEVELOPMENT DIRECTOR SHALL HAVE THE AUTHORITY TO EXECUTE ANY
SUCH COVENANT AND ANY RELEASE OF THE COVENANT ON BEHALF OF THE
CITY.
C . All consolidation plats or consolidation deeds for multifamily dwelling development
shall be accompanied by a site plan , as set forth by section 26-111 . Such consolidation
plats and deeds , together with the site plan , shall be subject to review by the planning
commiss ion and city council following the same application procedures , notice
35
requirements and approval procedures and standards for review as for a planned
building group . The purpose of these provisions is to avoid the construction of overly
large buildings which may negatively impact surrounding neighborhoods by increasing
traffic, creating congestion by ingress/egress points , obstructing light and air and by
making access for fire protection difficult, and to prevent construction of one (1) large
building to avoid compliance with the subdivision regulations , and to encourage
construction of smaller buildings which could give opportunities for better design of
setbacks , landscaping , parking , vehicular and pedestrian circulation and drainage
facilities .
[ ... ]
Section 10. Section 26-118 , subsection A of the Code, pertaining to right-of-way
vacations , is hereby amended to read :
A. Vacation by plat. When a street is being vacated as part of the platting process it
shall be graphically shown and shall be designated as being "hereby vacated". The
document for vacation in this instance shall follow the form and content of a final plat
outlined in section 26 407 and shall be processed as a major subdivision in
accordance with article IV section 26 407B. All submittal requirements of the platting
process shall be provided by the applicant. There shall not be an additional charge for
the processing of the vacation in this instance .
Section 11. Section 26-210 , subsection B of the Code , pertaining to Residential-
Two A zone district regulations , is hereby amended by the addition of footnote (h) as
follows:
Max Min Min Min M in Min
Max Bldg Lot Lot Front Side Rear
Height Coverage Area Width Setback Setback Setback
(a) (b) (c) (c)
Principal [ ... ]
Bu ild ings Mu lt ifam il y
(3/more 35 ' 40% 13,050sf 100' 25 ' 5 ' 10 '
dwell ing un its ) (e) (d ) per story
(h)
[ ... ]
(h) INDIVIDUAL TOWNHOUSE LOTS SHALL BE EXEMPT FROM MINIMUM LOT
SIZE, LOT WIDTH, AND INTERIOR SIDE YARD SETBACK REQUIREMENTS, SO
LONG AS THE DEVELOPMENT PARCEL FOR THE ENTIRE MULTI-UNIT
TOWNHOUSE BUILDING MEETS ALL STANDARDS OF THIS SECTION. SEE
SECTION 26-411.C REGARDING THE REQUIRED PLAT NOTE FOR TOWNHOUSE
LOTS.
36
Section 12. Section 26-211 of the Code , pertain i ng to Res idential -Three zone
district regulations , is hereby amended by the addition of footnote (h) as follows :
Max Min Min Min Min Min
Max Bldg Lot Lot Front S ide Rear
Height Coverage Area Width Setback Setback Setback
(a) (b) (d ) (d)
Principa l [ ... ]
Bu ild ings Mu lt ifami ly
(3/more 35 ' 40% 12 ,500sf 100' 25 ' 15' 15 '
dwell ing un its ) (f) (e ) (c) (c)
(h)
[ ... ]
(h) INDIVIDUAL TOWNHOUSE LOTS SHALL BE EXEMPT FROM MINIMUM LOT
SIZE, LOT WIDTH, AND INTERIOR SIDE YARD SETBACK REQUIREMENTS, SO
LONG AS THE DEVELOPMENT PARCEL FOR THE ENTIRE MULTI-UNIT
TOWNHOUSE BUILDING MEETS ALL STANDARDS OF THIS SECTION. SEE
SECTION 26-411.C REGARDING THE REQUIRED PLAT NOTE FOR TOWNHOUSE
LOTS.
Section 13. Section 26-212 of the Code , pertaining to Residential-Three A zone
district regulations , is hereby amended by the addition of footnote (h) as follows :
Max Min Min Min Min Min
Max Bldg Lot Lot Front Side Rear
Height Coverage Area Width Setback Setback Setback
(a) (b) (d ) (d )
Pr incipa l [ ... ]
Build ings Mu ltifami ly
(3/more 35 ' 40% 12 ,500sf 100' 25 ' 15 ' 15'
dwell ing units) (f) (e ) (c) (c)
(h)
[ ... ]
(h) INDIVIDUAL TOWNHOUSE LOTS SHALL BE EXEMPT FROM MINIMUM LOT
SIZE, LOT WIDTH, AND INTERIOR SIDE YARD SETBACK REQUIREMENTS, SO
LONG AS THE DEVELOPMENT PARCEL FOR THE ENTIRE MULTI-UNIT
TOWNHOUSE BUILDING MEETS ALL STANDARDS OF THIS SECTION. SEE
SECTION 26-411.C REGARDING THE REQUIRED PLAT NOTE FOR TOWNHOUSE
LOTS.
Section 14. Article VI of Chapter 26 of the Wheat Ridge Code of Laws ,
concerning supplementary development regulations, is hereby amended by the addition
37
of a new Section 26-639 (previously part of the subdivision regulations) to read in its
entirety:
Sec. 26-639. -Street naming and numbering.
A Designation. The community development director shall designate the proper street
names and numbers and addresses for all structures.
B. Guidelines for street naming.
1. The city-wide street numbering system is based upon the Denver Metropolitan
system .
2 . Streets running east and west are avenues.
3 . Streets running north and south are streets.
4. Streets running east and west, halfway between established grids , shall take the
name of the avenue preceding , with the suffix "place ."
5 . Streets running north and south halfway between established grids shall take the
name of the street preceding , with the suffix "court."
6 . Streets running east and west and connecting with an east and west avenue
shall be a "drive."
7. Streets running north and south and connecting with a north-south street shall be
a "way."
8 . Horseshoe-shaped streets beginning and ending within a major block, or dead
end streets , shall be a "circle." It is suggested that the term "circle" should be
used sparingly. If at all possible , a "way" or "drive" should be used except in the
case of absolute necessity.
9 . Streets should line up on a grid with existing streets and avenues preferably with
those existing prominently in the metropolitan area .
10. Street signs should be readable from each direction of travel.
11 . Temporary signs shall be required during construction period .
12. Names should be of simple spelling for easy pronunciation .
C . Guidelines for structure numbering (addressing).
1. Structures including those on private drives shall be addressed to the street from
which primary access is gained.
2. Numbers shall continue north and south from the base street, Ellsworth, and east
and west from the base street, Broadway.
3. Numbers should be systematically spaced from 0 to 99 on each "major" block so
that the 50 will be in the middle of the block.
4. Odd numbers shall be on the west and north sides of the street. Even numbers
shall be on the east and south sides.
5 . All address numbers shall be readable from the street.
38
6. Developments with multiple main structures . In cases where a single
development that is under common or unified control or ownership has more than
one (1) main structure, each such structure shall be assigned a single address
based upon orientation of the primary building access and with regard to the
normal grid system for address numbering .
7 . Developments with a single building and with multiple units. Except for two-,
three-, or four-family residential structures where a single building is divided into
multiple units, either for residential or nonresidential , and either as units occupied
by renters/lessors or by ownership, (i.e ., a condominium or townhouse), each
such building shall have a single address with the various units indicated by
different means, such as by unit letter or number. A two-, three-or four-family
dwelling structure may either have individual addresses, or one (1) address for
the building with unit designation as defined above.
8. For circle or horseshoe-shaped streets, numbering shall be in accordance with
the numbering on the street or avenue where the horseshoe or circle originates ,
and numbers should not duplicate those on the major street.
D. Notice to place number.
1. It shall be the duty of any owner/occupant of any premises , upon notice from the
community development director to cause the official number to be placed on any
building so owned or occupied . Such numbering shall be accomplished in the
manner required within thirty (30) days after service of such notice . For
establishments where fire access is gained from the rear, both rear and front
doors shall have the addresses posted.
2. It is unlawful for any owner/occupant to retain or use or to permit to be retained
or used upon any building , any number other than the number designated by the
community development director.
E . Renumbering and renaming .
1. In all cases where a street has been named or numbered or renamed or
renumbered pursuant to any other legal requirement , as the same may be
required from time to time by action of the city council , it shall be the duty of the
community development director to adjust and rename or renumber such streets.
2 . The community development director may require or approve a request for a
change of address, after proper notification of the owner and all affected
agencies , on any property under one (1) or more of the following instances :
a. In response to a street rename or change in number as described above .
b . If an address is out of proper sequence.
c. If an odd or even number is on the wrong side of a street.
d. If the number series presently in use is incorrect or misleading.
e. If a change in a street intersection or street location makes a present address
outmoded or misleading .
39
f. Where identical numbers are found on the same street, or on streets which
have the same number or name but different suffixes (i.e. street, avenue,
place, etc.)
g. Where the assigned address is not being used.
h. Where subdivision or building development on one (1) large parcel would
make an existing address misleading or out of sequence.
i. Where the structure is not addressed to the street from which primary access
is gained.
j. Other situations not stated above which may cause problems with mail
delivery, emergency service, or other public safety or service reason as
determined appropriate by the community development director.
F. Adjustments. In all cases where there is a mistake or conflict in names or numbers,
or where some special arrangement varying from the general terms of this chapter is
necessary, the community development director shall direct and make the proper
adjustment of the same in harmony with the spirit and intention of this chapter.
Section 15. Section 26-705, subsection C of the Code, is hereby amended to
remove reference to an outdated fee schedule:
C. Fees for the erection of signs ARE ASSESSED AS PART OF BUILDING PERMIT
REVIEW AND ISSUANCE shall be established and set forth in Appendix A. Permit fees
and city use tax will be waived where a nonconforming sign is removed and replaced by
a sign conforming with these regulations
Section 16. Section 26-708, subsection A of the Code, pertaining to building
addresses, is hereby amended as follows:
A. Building addresses.
1. House or building address number signs shall be consistent with section 29-
419 C. E. 26-639 of the zoning and development code.
Section 17. Section 26-709, subsection 13 .g of the Code, pertaining to
residential signs, is hereby amended as follows:
TABLE INSET:
Table 1.
SIGN STANDARDS IN RESIDENTIAL, AGRICULTURAL, AND PUBLIC FACILITIES ZONES
(R-1, R-1 A, R-1 B, R-1 C, R-2, R-2A, R-3, R-3A, A-1, A-2, PF)
Permit Maximum Maximum Minimum Type of Sign Allowed Required Size and Number Setback Other Requirements
Height
[ 0 0 0]
g. House or Yes No N/A N/A N/A Must meet the
40
bu ilding provisions of Gl:lapteF
address 26 , i\rtisle IV, Ses. 26
number 4--WG,. SEE § 26-639
s igns
Section 18. Section 26-710, subsection 13 .g of the Code, pertaining to
residential signs, is hereby amended as follows :
TABLE INSET:
Table 2 .
SIGN STANDARDS IN COMMERCIAL, INDUSTRIAL AND MIXED USE DISTRICTS
(NC, RC, C-1, C-2 , 1-E , MU-C, MU-C TOO, MU-C Interstate , MU-N)
Maximum Permit Maximum Minimum Type of Sign Allowed Required Size and Number Setback Other Requirements
Height
[ ... ]
g . House or Must meet the building
address
number
s igns
provisions of Gl:lapteF Yes No N/A N/A N/A 26 , ,A.rtisle IV, Ses. 26
4--WG,. SEE § 26-639
Section 19. Appendix A of Chapter 26 , pertaining to a proposed fee schedule , is
hereby repealed.
Section 20. Safetv 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 21. Severability, Conflicting Ordinances Repealed. If any section ,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections , subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed .
Section 22. Effective Date. This Ordinance shall take effect fifteen (15) days
after final publication , as provided by Section 5 .11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 14th day of April, 2014 , ordered published with Public Hearing and consideration on
final passage set for Monday, April 28, 2014 at 7:00 p.m ., in the Council Chambers,
7500 West 291h Avenue, Wheat Ridge , Colorado.
4 1
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of _7_ to _o, this 2 8th day of April , 2014 .
SIGNED by the Mayor on this ZSth day of_Ap_r_i_1 ___ , 2014 .
ATIEST:
First Publication : April17 , 2014
Second Publication : May 1 , 2 0 14
Wheat Ridge Transcript
Effective Date : May 1 6, 2 0 1 4
~""£VJf
Gerald E. Dahl , City Attorney
42