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HomeMy WebLinkAboutOrdinance-1981-0481INTRODUCED BY CUUNCILiIIEMIIBLR AIELLO ORDINANCE NO. 481 Series of 1981 TITLE: AN ORDINANCE AMEtJDIliu SECTION 12 OF APPENDIX A, PLANNED RESIDLIiTIAL DEVELOPMENT DISTRICT, OF THE CODE OF THE CITY OF A'HEAT RIDGE, COLORADO. BE IT ORDAINED BY THE CITY COU14CIL OF THE CITY OF MEAT RIDGE, COLORADO, THAT: Section 1. Appendix A, Planned Residential Development District, of the City of Wheat Ridge, Colorado, Section 12 is hereby amended to read as follows: Section 12. Planned Residential Development District. A. Generally. This section is intended to provide the means and establish guidelines whereby predominantly undeveloped tracts of land may be developed through an overall approach rather than the normal lot by lot method. It is intended to permit maximum design freedom to the developer by more fully utilizing the physical characteristics of the site. Through the requirements of a development plan, it is the intent that property, under this section, will be developed through a unified design providing continuity between the various elements and ultimately leading to a better environment. This section should not be construed as a device for making increased densities more palatable or as a means of circumventing the city's development regulations. This section pertains only in instances where there is substantial benefit for the community, but in any event, final regulations shall be established by the City Council when determined to be in the best interests of the public and overall development of the city. B. Use Regulations. Planned Residential Developments of any nature - private, public or quasi-public - either as a single use or in combination may be permitted. Such development shall be under unified control whether oy individual, corporate, or associate ownership, or by acceptable agreements as approved by the City Attorney. Development may include commercial development if approved by the City Council, provided said commercial uses do not exceed 10; of the gross lot area. C. General Regulations. Height, setback, access, screening of service areas and all other requirements for a controlled area regulation shall be considered for the overall site with regard to those limitations established on similar uses in other Wheat Ridge Zoning Districts. Variations to those standards may be approved by City Council which may solve problems within the proposed rezoning area. D. Rezoning and/or Development Application Procedures: Persons shall make application for approval of Planned Residential District or development, redevelopment, alteration, or addition to the Planning Commission. There are three (3) basic steps to the development approval process prior to approval of a building permit. The three basic steps are: (1) Rezoning or Use Designation, (2) Platting and Site Plan Approval, and (3) Building Plan Approval. These regulations deal only with the rezoning or use designation, platting and site plan requirements. Building plan approval is regulated by the rules and regulations of the Building Inspection Division in accordance with the Uniform Building Code. There are several discretionary options available to an applicant depending on the size and complexity of the proposed development, and on the confidence an applicant has that his plan is viable, as well as acceptable to the City. There are requirements for an Outline Development Plan, a Preliminary Development Plan, and for a Final Development Plan. These plans may be submitted for review and approval either separately or combined (Expedited Procedures) as described below: Outline Development Plan. a. An applicant, at his option, may submit an Outline Development Plan for approval of a change of zone and/or development concept and uses. The Outline Development Plan is the zoning or use designation step. It provides generalized graphic and written information on layout, uses, and character of development. Since mininal engineering detail is required, this step provides the lowest cost option for an applicant to gain approval of a change of zone, proposed uses, and site concept. b. EXPEDITED PROCEDUHE: The Outline Development Plan may be submitted for consideration by itself, or it may be combined with a Preliminary Development Plan, and/or Final Development Plan. When the Outline Development Plan is combined with Preliminary and/or Final Plans, the plan shall be so designated, and all informational requirements of the combined plans shall be met. All the plans may be merged into a single combined Plan which contains all the required information in a legible form. C. An Outline Development Plan shall include both :naps and a written statement and shall show enough of the area surrounding the site to demonstrate its relationship to adjoining uses, existing and proposed. d. The maps which are a part of the Outline Development Plan may be in general schematic form and shall contain the following minimum information: (1) The existing topographic character of the land at a contour interval not larger than five (5) feet. (2) General indication of areas to be landscaped. (3) Property boundaries as per accompanying legal description, lot lines, easements, rights-of-way. (4) Adjacent zoning, land use, streets, streams, etc. (5) Location of all existing and proposed streets within the site and ingress/egress points. (6) Approximate location and extent of major use areas. ('7) Any significant landscape or land use features which may influence development. (a) Scale (no less than one inch = 100 feet) and north arrow. (9) Small scale location map as an inset. (10) Case history Klock. e. A written statement shall be placed on the Outline Development Plan and shall contain the following information: -3- (1) An explanation of the character of the planned development (e.g. architectural style, building materials, etc.) and the manner in which it will be sc developed to take advantage of the Planned Residential District regulations. (2) A statement indicating present ownership of all the land within the site. (3) A statement which indicates the proposed method of providing unified control throughout the development process. (4) A general indication of the expected utilization of the land and a list of possible uses to be included in the development. (5) Legal description (metes and bounds) of total site, including area. (6) Surveyor's Certification. (7) Project Data by Phase. (a) Building area and percent. (b) Paved area and percent. (c) Landscape area and percent. (d) Plumber of dwelling units and density, etc. (8) Development schedule by phase (see Section 12.E for limitations). f. The Outline Development Plan shall be recorded with the Jefferson County Clerk and Recorder and therefore must meet their basic requirements for recordation. Approval Certificates for Wheat Ridge City Council, Planning Commission, Community Development Director and County Clerk and Recorder must be placed on the Plan. g. Accompanying the application will be a fee of two hundred fifty (250) dollars if rezoning and development is applicable. This fee covers rezoning and Outline Plan or combined plan review. Additional plans submitted later for review (Preliminary, Final, or Plan Amendments) shall require a one hundred (100) dollar additional fee each. 2. Approval of Outline Development Plan for rezoning and/or development. a. After filing the Outline Development Plan for rezoning or site development, the Planning Commission shall hold a public hearing and shall forward a decision within 90 days of the first public hearing date exclusive of time requested by the applicant for continuances, to the City Council recommending that the rezoning be disapproved in whole or it part, approved in whole or in part, or approved in whole or in part with modifications and/or conditions and giving the reasons for the recommendations. b. The City Council shall give notice of public hearing to be held on the plan for rezoning. After the hearing, and within 90 days of the first City Council public hearing date exclusive of time requested by the applicant for continuances, Council shall disapprove, approve, or approve with modifications or conditions the plan for the rezoning and/or development. No building permits shall be issued on land within the development until a Final Development Plan has been reviewed by the Planning Commission and approved by City Council as provided for in the following sections. -4- 3. Relationship to Subdivision Regulations. It is the intent of this ordinance that subdivision review be carried out simultaneously with the review of development plans required herein. All requirements of the Subdivision Regulations for a Preliminary and Final Plat, in addition to those of a Preliminary and Final Development Plan, must be satisfied if there are any parcel divisions created, or if there are any dedications for streets or other public purposes, or if a previously approved subdivision is amended in any way by the proposed development. All Planned Residential Developments must meet the requirements of the Subdivision Regulations relative to park land dedication requirements. In cases where subdivision requirements are to be met described herein, the applicant may submit separate sheet(s) in addition to the subject Development Plan, the required platting information may be included on the same sheet(s) as the Development Plan so long as the title of the sheet(s) indicate that they are both an Official Development Plan and Plat. 4. Preliminary Development Plan (and Preliminary Plat). a. This step is necessary only where a multi-phased project is proposed or where five (5) or more lots or parcels are to be created. It permits the consideration of the platting details for the entire site as they relate to lots, streets, drainage, utilities, easements and other public improvements or needs. This step requires detailed preliminary plat information, but does not require the detailed site development information required with a Final Development Plan. The Preliminary Development Plan shall be consistent with the approved Outline Development Plan, if applicable. b. The requirements of both this section, as well as the Subdivision Regulations, for a Preliminary Plat must be met. C. Expedited Procedure: The Preliminary Development Plan (and Plat) may be combined with an Outline Development Plan and/or a Final Development Plan. When the Preliminary Development Plan is combined, the Plan shall be so designated, and all requirements of the combined plans shall be met . d. The Preliminary Development Plan (and Plat) shall be drawn at a scale of not less than one (1) inch to one hundred (100) feet and containing the following: (1) Name of Proposed Plan (and Plat), date of preparation, scale, north arrow, and case history block. (2) Legal description and area of entire parcel to be developed. (3) Small scale location map with zoning of adjacent surrounding properties. (4) Location of all existing and proposed public and private rights-of-way and easement lines located on and adjacent to the property which are proposed to be continued, created, relocated or abandoned. (5) Existing grade and proposed finish grade of the site shown by contours with intervals not larger than two (2) feet. (6) The approximate location of every existing and proposed structure or building envelope in the described parcel, the expected use or uses to be contained therein, the number of buildings, the maximum gross floor area, and, the total number of dwelling units. -5- (7 ) Location, dimensions and elevations of all existing and proposed streets, sidewalks, curbs, gutters, alleys, easements, drainage areas, irrigation ditches, lakes or ponds, and other significant features within or adjacent to the tract to be subdivided or developed. (8) Quantitative tabulations and percentages for building coverage, total lot coverage, parking areas, landscaped areas, open areas, etc. (9) Location of all proposed curb cuts, parking areas and loading areas. (10) Location of all proposed walks, malls and other open areas as they may relate to the entire site. (11) All existing and proposed water and sewer lines and their source of supply and all electric lines and their maximum capacity. (12) A drainage plan of the entire site. The approximate volume of water generated by expected development and the proposed method of disposing of said water. (13) Geological stability information when requested by the City. (14) Designation of the 100-year flood plain where applicable. (15) Development schedule by phase which indicates expected time of beginning and ending of construction. (See Section 12.E for limitations.) (16) Name, address and telephone number of owner and licensed surveyor, licensed engineer and designer of the plat. (17) Agreements, provisions, condominium declarations, covenants, etc. which govern the use, maintenance, and continued protection of the planned development and any of its common areas or facilities. e. The Preliminary Development Plan (and Plat) shall be recorded with the Jefferson County Clerk and Recorder and therefore must meet their basic requirements for recordation. Approval Certificates as required for a subdivision plat must be placed on the plat and signed prior to recording. 5. Approval of Preliminary Development Plan (and Plat). The Preliminary Development Plan (and Plat) shall be considered for approval under the following procedures: a. The Planning Commission shall hold a public hearing and shall forward a decision within 90 days of the first public hearing date exclusive of time requested by the applicant for continuances, and shall recommend to City Council either disapproval, approval, or approval with modifications or conditions, the Preliminary Development Plan (and Plat). Notice of public hearing shall be given as required by law for a subdivision. b. The City Council shall hold a public hearing on the Preliminary Development Plan (and Plat) following the same procedures as set forth for the Planning Commission hearing and either approve, approve with modifications, or deny said plans (plat) within ninety (90) days of the first City Council public hearing date exclusive of time requested by the applicant for continuances. -6- 6. c. Building permits may not be issued on land within the Planned Development until the Final Development Plans for the development have been reviewed by Planning Commission and approved by City Council. Final Development Plan (and Final Plat). a. The Final Development Plan (and Plat) provides the final engineering, platting, and site design details for final approval of one or more phases of a proposed development. This is the final development plan and platting step and culLninates all of the requirements prior to submittal of building plans. b. The requirements of both this section as well as the Subdivision Regulations for a Final Plat must be met. If a Preliminary Development Plan has not previously been approved, the requirements of the Subdivision Regulations for a Preliminary Plat must also be met. C. EXPEDITED PROCEDURE: The Final Development Plan (and Plat) may be combined with an Outline Development Plan and/or Preliminary Development Plan, when a Preliminary Plan is required. When the Final Development Plan (and Plat) is combined, the Plan shall be so designated, and all requirements of the combined plans shall be met. d. For:n and Content of the Final Development Plan. The Final Development Plan (and Plat) shall be consistent with the approved Outline and Preliminary Development Plans (if applicable). The Final Development Plan (and Plat) shall be drawn at a scale of no less than one (1) inch to one hundred (100) feet and contain the following: (1) The same information as required for a Preliminary Development Plan (and Plat) enumerated in Section 12.D.4 (if applicable). (2) Location, extent, type, and surfacing materials of all all proposed walks, malls, paved areas, turfing and other areas not to be covered by buildings or structures. (3) Location, size, type, height and orientation of all signs and lighting structures. (4) Location, type, size and quantities of all existing (to remain) and proposed plant materials and other landscape features and materials. Common and botanical names of all plant materials shall be indicated. Location and type of irrigation system (if any) shall be indicated. All landscaping shall meet the requirements of this section as well as Section 27.2, Landscaping Requirements. (5) Location extent and height of all walls, fences and screen plantings. (6) Location, extent, number of floors and maximum height, total floor area of all buildings and structures, and total number of dwelling units. (7) Elevations and perspective drawings of all proposed structures and improvements indicating architectural style and building materials. The drawings need not be the result of final architectural design but of sufficient detail to permit evaluation. (8) Off-street parking and loading plan which indicates the size, location, and number of parking and loading spaces and which shows the proposed circulation of vehicles and pedestrians within the planned development and to and from existing or proposed public _7_ thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate and insure the safety of this circulation pattern must be shown . (9) Indication of all proposed uses for all buildings, structures and open areas. Outside storage and display must be indicated if proposed and shall be in accordance with the approved uses on the previous plan. (10) A development schedule indicating the approximate date on which construction of the project can be expected to begin and approximate dates when construction will be completed. If multi-phased project, indicate times for each phase. (11) Agreements, provisions, covenants, condominium declarations, etc., which govern the use, maintenance and continued protection of the planned development and any of its common areas and facilities. d. Approval of Final Development Plan: (1) A public hearing shall be scheduled before the Planning Commission after legal notification as required for a subdivision. (2) The Planning Commission shall make a decision within ninety (90) days of the first public hearing date exclusive of time requested by the applicant for continuances and shall recommend to City Council either approval or approval with modifications or conditions, or denial of the Final Development Plan. In making its decision, the Planning Commission must find that the Final Development Plan is in compliance with the approved Outline Development Plan, Preliminary Development Plan (and Plat), if Preliminary Plan is applicable, and in compliance with the zoning ordinance and subdivision regulations. (3) The City Council shall hold a public hearing on the Final Development Plan (and Plat) following the same procedures as for the Planning Commission hearing and shall disapprove in whole or in part, approve in whole or in part, or approve in whole or in part with modifications and/or conditions said plan (plat) within ninety (90) days of the first City Council public hearing date exclusive of time requested by the applicant for continuances. Upon approval and after making final corrections as stipulated by City Council, and after obtaining all required signatures and paying all required fees, the black line mylar reproducible shall be recorded by the County Clerk and entered as an "Official Development Plan of the City of Wheat Ridge." E. Construction: 1. All construction shall be "Official Development Plan of shall be completed within the on the Final Development Plan time limit is approved by City in accordance with such the City of Wheat Ridge" and time limitation as stipulated unless an extension of such Council. 2. Failure to complete construction at the termination of the initial time limitation, or such extension of time as may have been granted the applicant, shall be cause for action by City of Wheat Ridge to consider reclassification and rezoning of said site to a wore restrictive zone classification or classifications. -8 - F. All development plans approved shall be binding upon the applicant, their successors and assigns and shall limit the Development to all conditions and limitations established in 9 I(''I ;)i.lns. IT . -irl ) I IQ,?~I` 3 : 1 "31-3>i ipon showing of necessity therefore, minor changes in the locations of structures and their accessory uses may be permitted with the concurrence of the Director of Community Development and Chief Building Inspector if such changes will not cause any of the following circumstances to occur: a. Change in the character of the development. b. Increase in the intensity of use. c. Increase of the problems of circulation, safety and utilities. d. Increase of the external effects on the adjacent properties. e. Reduction in the originally approved setbacks from perimeter property lines of the Planned Residential Development District of structures located adjacent to said property line. f. Increase in the ground coverage by structures beyond the authorized maximum allowed within the approved Planned Residential Development. 2. Any changes or revisions not covered in 1 above must be considered as an Amendment to a Final Development Plan and shall require recommendation of Planning Commission and approval by City Council under procedures as set forth for approval of a Final Development Plan. 3. Any changes or revisions of a Final Development Plan which are approved, either administratively or by Council action, must be recorded with the Jefferson County Recorder as amendments to the original recorded Final Development Plan. Section 2.Safety Clause. The City Council hereby finds, determines and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public, and tht 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 3. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. -9- Section 4. This ordinance shall take effect 15 _ days after final publication. INTRODUCED, READ AND ADOPTED on first reading by a vote of 8 _ to 0 on this 23rd day of November , 1981, ordered published in full in a newspaper of good circulation in the City of Wheat Ridge and Public hearing and consideration on final passage set for December 21 , 1981, at '7:30 P.M., in the Council Chambers, 7500 Test 29th Avenue;~Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 this 21st day of December , 1981 SIGNED by the Mayor on this 22r1d day of December__ , 1981 . L FF RANK STITES, IMA ATTEST: Carol Hampf, Ci clerk 1st publication: Dec. 3, 1981 2nd publication: Dec. 24, 1981 Published: Wheat Ridge Sentinel Effective Date: ,Jan. 8, 1982 APPROVED AS TO FORM BY CITY ATTORNEY J0 M E. HAYES CI Y AT iORNEY 07.) r_ - c_