HomeMy WebLinkAboutOrdinance-2004-1319
INTRODUCED BY COUNCIL MEMBER BERRY
Council Bill No. 05-2004
Ordinance No. 1319
Series of 2004
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT
RIDGE CODE OF LAWS PERTAINING TO PLANNED DEVELOPMENT
DISTRICT REGULATIONS
WHEREAS, the City of Wheat Ridge has adopted regulatIOns pertammg to the
reqUirement for and content of planned development districts,
WHEREAS, the City has identified changes which will Improve the processing
of and standards for planned development dIstrict applicatIOns.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. ArtIcle III of Chapter 26 of the Wheat Ridge Code of Laws IS hereby
amended as follows
Sec. 26-301. Scope and application.
A. There is hereby created a Planned Development District to further promote the
public health, safety and general welfare by permlttmg greater flexibility and mnovatlOn
mland development based upon a comprehenSive, integrated plan. For the purpose of
ensuring maximum flexibility of thiS district, the district IS diVided mto the followmg
subdistrict deSignations planned development zone district categories, based on the
primary land use of a proposed development plan or portIOn thereof
Planned Residential DevelopmentnPRD
2. Planned Commercial DevelopmentnPCD.
3 Planned Industrial DevelopmentnPID
4 Planned Hospital DevelopmentnPHD
5. Planned Mixed Use Development - PMUD.
By creatmg the above subdistncts, zone district categories, the city council recogmzes
that these subdistricts zone district categories may eXist smgly or in combmatlOn wIthin
any approved planned development.
B. On and after the effective date of this chapter as set forth m section 26-1003, all
applicatIOns for pnvate rezomng under sectIOn 26-112 for properties m excess of one (1 )
acre (for rezomng to residential or mdustrial zones), and all applications for private
rezolllng to any commercial district shall be reqUIred to request rezoning to one (1) of the
listed planned development subdistncts zone district categories. The procedure for
revle", of any planned development application shall be that for private rezoning at
section 26-112. A Planned Development District may be approved for any smgle use or
any combmatlOn of uses, provided, that the mtent and purposes of thIs section are met,
and that the general health, safety and welfare of the commulllty are advanced through ItS
approval. This section shall apply to'
Any new application for a rezoning to a Planned Development District.
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Any application for amendment to an eXisting planned development
subdistrict. zone district.
C The mtent of the Planned Development District is to permit the establishment of
well-designed, innovative developments which may not be permitted by a standard zone
distnct, however but, whIch may be permitted through the use of an approved
development plan by assuring greater control and speCificity of mtended development
character, use, operatIOns and maintenance, while at the same time allowing flexibility
and diversity. This distnct recognizes the great variety of land use mtensities, densities,
and environmental and land use interfaces which are possible. The general purposes of
thIS section are as follows.
1. To accomplish compatible development With adjacent commercial,
residential and/or industrial land uses through proper land use transitions
and buffenng techniques.
2. To promote flexibility in design and permit diversification in the location
of structures.
3 To promote the efficient use ofland to facilitate a more economic
arrangement ofbUlldmg, circulatIOn systems, land use and utilities.
4 To preserve, to the greatest extent possible, the existing landscape features
and to minimize Impacts on other natural features of the site.
5 To prOVIde for more usable space through the combination and groupmg
of structures, parking, loading and storage areas.
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6 To combine and coordinate architectural styles, buildmg forms and
bUlldmg relationships withm the planned developments.
7 To mmimize traffic congestion on public streets, control street access, and
to provIde for well-designed mterior circulation.
8 To ensure that adequate public utilities and facilities are aVailable withm
the area. to serve the specific development.
9 To promote conformance with the adopted comprehensive plan,
established poliCies and gUidelines for the area and for the commumty
Sec. 26-302. General regulations.
A. Each Planned Development District establishes its own list of permitted uses, as
well as development standards and requirements, and such are specifically set forth in the
development plan and reviewed by the plannmg commissIOn and approved by city
council at prelimmary and final plan stages. Approval of the outline development plan
shall not be construed to be approval of a final development except in respect to general
concept.
B. In reviewmg a specific request to establish a Planned Development District or
amendment to an eXlstmg one, the planning commission and city council shall conSider
standards for Similar uses in other Wheat Ridge zone distncts, unless otherwise
specifically proVided herem. ReqUirements for setback, lot coverage, height. denSity,
area, buffenng, landscapmg, slgnage, etc., may be more or less restnctive than such
reqUirements in Similar zone distncts, based upon findings of the planning commission
and city council which consider a combinatIOn of factors, including, but not limited to,
type and mtensity of uses proposed, size and shape of parcel, location, adjacent uses and
the adequacy of public faCilities. While the city council recogmzes that planned
developments may vary certain deSign and other requirements, the planned development
process may not be used to circumvent the mtent and spirit of the protections afforded by
this chapter
Sec. 26-303. Planned Residential Developments (PRD) regulations.
A. Area. No mmlmum.
B. DenSity: MaXimum sixteen (16) dwelling umts per acre.
C Height: Maximum thirty-five (35) feet.
D. Lot co.,'erage: MaJomurn seventy five (75) percent. (See section 26 123 for
defimtlon. )
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e., D. Landscapmg: In accordance with Section 26-502, otherwise as established by
the outline development plan and as specifically detailed on an approved final
development plan. Minimum twenty five (25) percent. (See section 26 502.)
F E. Parking: In accordance with Section 26-501, otherwise as established by the
outline development plan and as specifically detailed on an approved final
development plan. Based upon specific uses. (See section 26 501.)
G,. F. Fences and walls. In accordance with Section 26-603, otherwise as
established by the outline development plan and as specifically detailed on an
approved final development plan. ,A.S specifically detailed on an approved final
de','elopment plan, otherWise fDllow requirements of section 26 603.
I+- G. Signage' In accordance with article VII., otherwise as established by the
outline development plan and as specifically detailed on an approved final
development plan. I\S spcclfically detailed on and approved on final developmcnt plan,
otherwise fDllo'.\' requiremcnts of artieIe VII.
I. Commercial use conditions:
1. Commercial uses shall be allowed only where specifically approved in a
final development plan.
2. Commercial uses, includmg all associated land used for building spacc,
parking and landscapmg, shall not e}[ceed twenty five (25) percent of the
gross area mcIuded wlthm a particular Planned Residential De','clopment
District.
3. Land used for commercial uses including parking, Ingress, egress, and
landscaping, shall be calcl:ilated separately and may not be included m thc
land area used to calculate the maximum of si}(feen (16) residcntlal units
per acrc. If uses are combmed in a structure, the land attributable to the
commcrcial use shall bc considcred to be the building squarc footage
occupied by commerCial uscs, the required parkmg, and a proportionate
share of the eommon areas, s\;lch as mgress egress, landscaping, roadways,
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J.o H. The reqUirements of this section shall not apply to Impose a density reqUirement
of less than twenty-one (21) units per acre, with respect to the reconstructIOn of
reSidential dwelling in the PRD distnct, where such structures and their reconstructIOn
meet all of the following requirements.
The structure was legally in existence on September 8, 1997,
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2 The structure IS located upon a lot which does not meet the then-applIcable
mmimum lot area and/or mmimum land area per umt requirements for
such proposed reconstructIOn, and
3 Such reconstructIOn IS restncted to replacement of the structure which has
been destroyed.
This exemptIOn shall not apply to.
New constructIOn where no replacement of a preexisting structure takes
place; or
2 Reconstruction of structures which were not legally m eXistence (as
dlstmguished from legal nonconformmg structures)
K-o I. All planned residential developments shall meet the residential site design
standards of article V unless specifically varied on the outline and final development
plan.
h J. A planned residential development shall be required for any mobile home park
and must meet the standards for mobile home park design m section 26-506
Sec. 26-304. Planned Commercial Developments (PCD) regulations.
A. Area. No minimum.
B Height: Commercial structures shall not exceed fifty (50) feet; residential
structures shall not e)[ceed thIrty five (35) feet; residential uses located withm a
commercial structure shall not be permitted above thirty five (35) feet.
C. Lot coverage: MaJumum eighty (80) pcrccnt. (See section 26 123 f-or defimtion.)
I* C. Landscapmg. In accordance with Section 26-502, otherwise as established by
the outline development plan and as specifically detailed on an approved final
development plan. Minimum twenty (20) percent. (See section 26 502.)
B-c D. Parking: In accordance with Section 26-501, otherwise as established by the
outline development plan and as specifically detailed on an approved final
development plan. Based upon speCific uses. (See scction 26 501.)
F-, E. Fences and walls: In accordance with Section 26-603, otherwise as established
by the outline development plan and as specifically detailed on an approved final
development plan. /\s speCifically detailed on approved final devclopmcnt plan,
other-vise follow rcquircments of section 26 603.
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fh F. Slgnage In accordance with article VII., otherwise as established by the
outline development plan and as specifically detailed on an approved final
development plan. ,A.s speeifically detalled on and aflproved on final development plan.
otherwISe follow requirements of artiele VII.
th Residential use conditions:
1. Residential uses shall not exceed tlllrty five (35) feet in HClght.
2. Residential uses, mcluding assoeJa-ted parking, land used for bmldmgs,
landscaping, ete., sHall not eKeeed fifty (50) pereent of the gross area
mcluded wIthin a particular Planned Commercial De';,elopment DIStrict.
3. ',\There residential uses are part of a fllanned commercial development, the
land used fm commercial uses including parluRg, ingress, egress and
landscaping, shall be caleulated separately. and may not be lflcluded m the
land area used to calculate the maJcimum of sixteen (Hi) umts per acre. If
the eommercial and residential uses are milled in tHe same buildmg or for
other reasons cannot be clearly separated from the residential area, the
land attnbutable to tHe commercial use shall be considered to be the
building square footage occupied by eommereial uses, the required
parkmg. and a proportionate share of the common areas, such as
ingress/egress, landscafling roadways, etc.
h G. A Planned CommerCial Distnct shall be used to establish any proposed
recreatIOnal vehicle park.
Sec. 26-305. Planned Industrial Development (PID) regulations.
A. Area. Each Planned Industrial Development Distnct shall be mlmmum of one ( I)
acre
B Height: Maximum fifty (50) feet.
G., Lot coverage: Mmumum elgflty (80) percent. (See section 26 123 for defimtlOn.)
9 C. Landscapmg' In accordance with Section 26-502, otherwise as established by
the outline development plan and as specifically detailed on an approved final
development plan. Minimum twenty (20) percent. (See section 26 502.)
& D. Parking: In accordance with Section 26-501, otherwise as established by the
outline development plan and as specifically detailed on an approved final
development plan. Based upon specific uses. (See section 26 501.)
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JL, E. Fences and walls. In accordance with Section 26-603, otherwise as established
by the outline development plan and as specifically detailed on an approved final
development plan. As specifically detaJied on approved final development plan,
otherwise follow requirements of section 26 603.
G-: F. Signage In accordance with article VII., otherwise as established by the
outline development plan and as specifically detailed on an approved final plan. As
specifically detailed on approved fiflal development plan, otherwise follow rcqUlremcnts
of artlclc VII.
I+.- G. All planned industrial developments shall meet the mdustrial performance
standards set forth in section 26-505
Sec. 26-306. Planned Hospital District (PH D) regulations.
A. Allowable uses. The following uses hereinafter listed shall be permitted only as
specifically designated on the approved final development plan:
Public and pnvate general hospItal
2. Hospitals or sanitanums for contagious diseases, or the mentally disturbed
or handicapped.
3 Independent living units, Homcs homes for the aged, nursing homes,
congregate care homes, hospices or similar residential facilities which are
accessory to a hospital or sanitanum prinCipal use
4 Accessory uses and structures customanly associated with the permitted
uses as shown on the approved final development plan.
B Area. Each Planned Hospital District shall be a mmimum of five (5) acres, except
as provided below
C Lot Width. Two hundred (200) feet mmlmum.
D Setback requirements.
Front: Fifty (50l feet mlmmum.
2 SIde Twenty-five (25) feet mmlmum plus ten (10) feet for each story The
intent IS to provide a minimum twenty-five-foot landscape buffer adjacent
to residential zoned property
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3. Rear: Twenty-five (25) feet mmimum, plus ten (10) feet for each story
The intent IS to provide a minimum twenty-five-foot landscape buffer
adjacent to residential zoned property
E. Height:
Hospital buildmgs. Fifty (50) feet maXimum, except as follows.
a. Sixty-five (65) feet where the lot on which the buildmg is to be
constructed is at least fifty (50) acres in sIze.
b AdditIOns attached to eXisting hospitals may be bUilt to a height
not to exceed the height of the existmg building.
2. Offices' Fifty (50) feet maximum.
3 Residential Thirty-five (35) feet maximum.
4 Accessory' Thirty-five (35) feet maximum.
F. Lot cO'icrage. Se'o'enty fi'o'c (75) percent maJnmum overall site coveragc.
G F. Residential density No residential development, excluding congregate care
homes, nursmg homes or intermediate nursmg care facilities, shall exceed sixteen (16)
twenty one (21) dwelling units per acre
II G.
Landscaping:
Mmlmum twenty-five (25) percent overall site requirement.
2 Twenty-five-foot landscape buffer required along property lines adjacent
to residential zoned property.
3 Unless otherwise speCIfically provided for on the approved plan, all
landscaping shall meet the reqUirements set forth III sectIOn 26-502.
h H. Parking In accordance with Section 26-501, otherwise as established by the
outline development plan and as specifically detailed on an approved final
development plan. Based upon specific uses. (See section 26 501.)
~ I. Fences and walls. In accordance with Section 26-603, otherwise as established
by the outline development plan and as specifically detailed on an approved final
development plan. ,'\s spccifically detailed on an approved final development plan,
other'Nlse follow requircments of section 26 603.
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Q-;- J. Signage' In accordance with article VII., otherwise as established by the
outline development plan and as specifically detailed on an approved final
development plan. As specifically detailed on approved final developmcnt plan,
othcrwise follow requiremlmts of article VII.
Sec. 26-306.5. Planned Mixed Use District.
i\. i\pplicability. This zone district shall be uscd only m the mmcd usc areas shown
on thc Strcctseape Classifieation Map in thc Strcetscapc and i\rchltectl:1ral Dcslgn
Manual adopted January 11,2002, as amended.
Ih A. Purpose. This district is established to provide a zoning classification to allow
the mtegratlOn of residential and commercial uses and development which is consistent
with the surroundmg neighborhoods and which meets the mtent of the comprehensive
plan and the Streetscape and Architectural DeSign Manual. It is not mtended to be used
solely to permit a higher density than allowed m the planned residential development
(PRD) district nor to circumvent other specific standards of the planned residential and
planned commerCial districts. Instead, It is mtended to create a zone district which will
allow tlexlbllity m use, deSign, and onentation while maximizmg space, commumty
mterest and protectmg nearby and adjacent residential neighborhoods.
G-, B. Permitted uses. Permitted uses shall be a mixture of residential and
commercial uses governed by approval of the outline development plan.
g., C. Area. No minimum.
Ih D. Height. Maximum fifty (50) feet for freestandmg commercial buildmgs only;
thirty-five (35) feet for structures containing commercial and residential uses, thirty-five
(35) feet for freestanding reSidential structures.
F. Lot covcrage. No maximum.
G E. Density MaXImum of sixteen (16) units per acre. Land used for commercial uses,
mcludmg excluding parkmg, may not be used to calculate the maximum of sIxteen ( 16)
umts per acre rfthe commerCial and residential uses are mixed in the same bUlldmg, the
land attributable to the commerCial use shall be considered to be one-half (l /2) of the
bUlldmg footpnnt. If the commercial and reSidential uses are in separate buildmgs. the
land attributable to the commercial use shall be conSidered to be the entire commercial
bUlldmg footpnnt.
l+. F. Landscapmg' In accordance with Section 26-502, otherwise as established by
the outline development plan and as specifically detailed on an approved final
development plan. No minimum coveragc. Landscaping shall bc consistent "vith section
26 502.
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h G. Parkmg. In accordance with Section 26-501, otherwise as established by the
outline development plan and as specifically detailed on an approved final
development plan. Based upon specific use. ParkiHg shall be consisteHt with sectIOn 25
~ Allowances may be made for shared parking spaces if It can be demonstrated to the
satisfactIOn of the person or approval body designated as having final approval authonty
that parkmg demand for different uses occurs at different times.
h H. Fences and walls. In accordance with Section 26-603, otherwise as
established by the outline development plan and as specifically detailed on an
approved final development plan. As specdieally detailed on the approved final
de'ielopment plan; otherWISe follow reqUirements of section 26 603.
~ I. Signage. In accordance with article VII., otherwise as established by the
outline development plan and as specifically detailed on an approved final
development plan. /.s speCIfically detailed on the approved final de'ielopmeRt plan;
otherWISe folio',',' reqUirements of article VII.
Sec. 26-307. Similar uses in planned developments.
A. Defimtlon. A Similar use IS a use which would be similar in Size, type of
operation, services proVIded or equipment used, number of employees, and hours of
operation and which would:
Be compatible in character and Impact with permitted uses in the planned
development,
2. Be consistent With the intent of the planned development,
3 Not be objectionable to nearby property by reason of odor, dust, fumes,
gas, noise, radiation, heat, glare, vibratIOn, traffic generation, parking
needs, outdoor storage or use, and
4 Not be hazardous to the health and safety of surroundmg areas through
danger of fire or explosion.
B Similar use determmation process. Any use which is not specifically listed as a
permitted use m a planned development dlstnct IS allowed only under the following
procedure
The commumty development director shall notify adjacent property
owners by letter notice and posting of the site for ten (10) days that a
SImilar use is requested for the property The notice and postmg shall
contam a description of the proposed similar use and a copy of Ordinance
1200, senes 2000.
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2. If no wntten objectIOn to the proposed simIlar use is received and the
planning and development director finds that the proposed similar use
meets the definitIOn of similar use contained in section (a) above. the
community development director IS authorized to approve the sImilar use.
3 If a written objection IS received or if the community development director
finds that the defimtion of similar use does not apply, the community
development director shall forward the determination request to the Beaffi
of adjustment planning commission at a public hearing. Notice of smd
hearing shall be as provided in sectIOn 26-109
C Recordation. If approved, the similar use shall be recorded as an affidavit of
amendment to the outline development plan. on the final development plan in the same
manner as the origmal final development plan was recorded.
Sec. 26-308. Application for planned developments.
All applications for approval of a planned development, redevelopment, alteration or
additIOn shall be filed with the commumty development department pnor to issuance of a
bUlldmg permit. In some mstances, plattmg is reqUired and the plat can be processed
concurrently With the planned development request. Article IV of this chapter should be
consulted for subdivision requirements and procedures.
A. Development plans. There are two (2) dlstmct steps m establishing a planned
development: an outlme development plan and a final development plan. The outline
development plan may be submitted for conSideration by Itself or It may be combined
with a tinal development plan. When the outlme development plan IS combined With final
plans, two (2) separate drawings are required. All mformational requirements of the
respective plans shall be met.
B SubdivISIon/platting. Subdivision or plat review may be carried out
simultaneously With the review of development plans. All requirements of the
subdiVISion regulations for a preliminary and final plat, if applicable, must be satisfied If
there are any parcel divisions created, or If there are any dedications for streets,
easements or other public purposes, or if a previously approved subdivISIon IS amended
m any way by the proposed development. In cases where subdivISIon IS to occur
simultaneous With development plan review, the applicant shall submit separate sheet(s)
m additIOn to the subject development plan.
C Outline development plan. An applicant shall submit an outline development plan
for approval of a change of zone to a Planned Development Distnct. The outline
development plan IS the zonmg and general concept step It provides generalized graphiC
and written informatIOn on layout, uses and mtended character of the development.
SubmIttal reqUirements.
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a. Appropnate fee.
b Evidenee tHat tHe required neighborhood referral meeting has
occurred Neighborhood meeting notice (see sectIOn 26-109).
c Complete and notanzed applicatIOn.
d. Proof of ownership, such as copies of deeds or title commitment.
e Power of attorney from owner(s) where an agent acts on behalf of
the owner(s)
f. Names and addresses of all adjacent property o'NRers, mcluding
property across abutting streets.
g. f. Names, addresses, telephone numbers of architects, surveyors, and
engmeers associated With the preparatIOn of the plans.
fl. g. Additional informatIOn may be required, mcludlllg, but not limited
to, drainage study and plan, grading plan, geological stability
report, traffic impact report, floodplam impact report, or general
environmental impact report.
2. Form and content of the outline development plan. The maps which are a
part of the outlme development plan shall be made at a scale of not less
than one (1) inch equals one hundred (100) feet. The size of the sheet shall
be twenty-four (24) inches by thirtY-SIx (36) inches. The drawlllgs may be
III general schematic form and shall contam the following mmimum
information.
a. Ownership/unified control statement. A list of all eXisting owners
of real property included within the proposed Planned
Development Distnct, and a written statement which describes
antIcipated future ownership character (i.e smgle ownership,
partnership, condomimum. etc ), and which indicates proposed
manner of mamtaining unified control throughout the plannmg,
development, use. operation and continued maintenance of the
planned development.
b Character of development. A written descnptlOn of the general
character of the development and of the objectives to be achieved
by the particular development concept bemg proposed. ThiS
statement shall include, but not be limited to, the manner in which
the proposed development meets or exceeds the intent of the
Planned Development District as stipulated in sectIOn 26-301C, the
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proposed architectural and site design concepts, bUlldmg materials
(type, textures and colors); specific concepts by which the
proposed development will make an orderly transition from
existmg adjacent development, and specific concepts for the use
and landscaping of all public and pnvate open spaces. It IS the
mtent of this requirement that the applicant provide a clear, concise
statement for the reviewing authorities to better understand the
proposed development concept and upon which their declSlon
regarding the proposal can be based.
c The eXisting topographic character of the land at a contour mterval
oftwo (2) feet If the slope IS less than ten (10) percent and five (5)
feet If the slope IS greater than ten (10) percent.
d. General mdication of areas to be landscaped.
e. Property boundaries as per accompanying legal descriptIOn.
f. EXisting and proposed lot lines, easements and nghts-of-way on
and adjacent to the site.
g. Adjacent zoning, land use, streets, streams, etc
h. Location of all eXlstmg streets, alleys, easements, drainage areas,
lITIgatIOn ditches and laterals within and adjacent to the site
1. LocatIOn of all proposed streets, alleys, easements, drainage areas,
parks, and other areas to be reserved or dedicated to public use
J ApproXimate location and extent of major use areas.
K. Any significant vegetation or land use features within or adjacent
to the site which may mfluence development.
I. When located wlthm a regulated 1 OO-year floodplam, designation
of areas subject to a 100-year flood shall be prOVIded. Both the
floodway and flood fnnge areas shall be shown. Development
wlthm 100-year floodplains, includmg fill or excavation, IS
regulated by article VlII
m. Scale (no less than one (I) inch equals one hundred (100) feet) and
north arrow
n. Small-scale location map as an mset which shows the subject
property centered wlthm a quarter-mile radIUS.
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o Proposed name of the planned development.
P A general indication of the expected utilization of the land and a
list of uses to be permitted m the development.
q Legal descnption (metes and bounds) of total site, including area.
r Project data for the entire site and includmg, by phase, bUlldmg
area and percent, paved area and percent, landscape area and
percent, number of lots, typical minimum lot sizes and
dimensIOns, net density, gross density, etc
s. Development time schedule by phase
t. Required certifications.
3 The outline development plan shall be recorded with the Jefferson County
Clerk and Recorder and, therefore, must meet their reqUirements for
recordation.
4 The following certificatIOns, in addition to the reqUired surveyor's
certificate, shall also be placed upon the outline development plan.
OWNER'S CERTIFICATION
The belOW-Signed owner(s), or legally designated agent(s) thereof, do hereby agree that
the property legally described hereon will be developed as a planned development in
accordance with the uses, restrictions and conditions contamed in this plan, and as may
otherWise be required by law I (we) further recognize that the approval of rezoning to
Planned Development, and approval of this outline development plan, does not create a
vested property nght. Vested property rights may only arise and accrue pursuant to the
proviSIOns of section 26-121 of the Wheat Ridge Code of Laws.
Signature ofOwner(sl or Agent(s)
NOTARY PUBLIC
day of
Subscribed and sworn to before me this
Witness my hand and offiCial seal
My commission expires
NOTARY SEAL
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PLANNING COMMISSION CERTIFICATION
Recommended for approval ,^.pproved this
by the Wheat Ridge Planmng Commission.
Chairperson Chairman
COMMUNITY DEVELOPMENT DIRECTOR
CITY COUNCIL CERTIFICATION
Approved this
Council.
day of
ATTEST
City Clerk.
Mayor
CITY SEAL
COUNTY CLERK AND RECORDER'S CERTIFICATE
day of
, by the Wheat Ridge City
This document accepted for fihng in the office of the County Clerk and Recorder of
Jefferson County at Golden, Colorado, on the day of
AD, III Book , Page , Reception No
JEFFERSON COUNTY CLERK AND RECORDER
By.
Deputy
5 ReView procedures'
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a. Staff review: Upon filing of an applicatIOn and other required
documents, commumty development staff will refer copies of the
plans to affected departments and agencies for revIew. All
comments shall be forwarded to the applicant so that necessary
revisions may be made by the applicant prior to schedulmg the
applicatIOn before planning commission.
b Planning commissIOn heanng. The planmng commissIOn shall hold
a public hearing pursuant to the public notice requirements of
section 26-109 The planning commission shall recommend
approval, approval with modifications or demal of the outline
development plan, statmg the reasons for its recommendation. The
recommendation shall be forwarded to city council.
c City council hearing. The city council shall hold a public heanng
pursuant to public notice as reqUired by section 26-109 The city
counCil shall approve, approve with modificatIOns or deny the
application.
6 Recordation. All approved outline development plans shall be recorded
with the Jefferson County ClerK and Recorder. Such plans, and associated
recording fees shall be submitted to the commumty development
department wlthm thirty (30) sixty (60) days of council's final action.
Should a recordable approved outline development plan not be proVided to
staff withm thirty (30) sixty (60) days of counCil's final actIOn, staff shall
schedule a public hearing before city council and city council shall
reconsider its approval A one-time, thirty-day extension for mylar
submittal may be requested from the Community Development
Director. The request must be submitted in writing prior to
expiration of the 60-day time limit showing evidence of good cause for
not meeting the deadline.
o final development plan. The final development plan provides the final
engmeenng and site design details for final approval of one (1) or more phases of a
proposed development.
Submittal reqUirements.
a. Complete and notarized application.
b Proof of ownership, such as copies of deeds or title commitment.
c Power of attorney from owner(s) where an agent acts on behalf of
the owner(s)
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d. Names and addresses of all adjacent property owners, mcludmg
property across abutting streets.
e-: d. Names, addresses and telephone numbers of architects and
engineers associated with preparatIOn of the plans and plat.
f e. Copies of proposed agreements, provisions, covenants,
condomimum declaratIOns, etc., which govern the use,
mallltenance and continued protection of the planned development
and any of its common areas and facilities, and which will
guarantee unified control
go- f. AdditIOnal mformation may be reqUired, including, but not limited
to, geological stability report, traffic Impact report, civil
engineering plans, floodplain impact report or general
environmental impact report.
.., Form and content of the final development plan. The final development
plan shall be consistent with the approved preliminary outline
development plan. The final development plan shall be drawn at a scale
of no less than one (1) inch to one hundred (100) feet and contain the
followmg:
a. Legal description of the entire planned development, and If the
final development plan is for only a portIOn of the Site, a legal
description of that portion of the site lllcluded wlthm the final
development plan.
b LocatIOn, extent, type and surfacmg materials or all proposed
walks, malls, paved areas, turfing and other areas not be covered
by bUildings or structures.
c LocatIOn, Size, type, height and orientation of all signs. Signs not
speCIfically appro'/ed as part of a final development plan shall not
be permitted.
d. A landscape plan which proVides location, type, size and quantities
of all existing (to remalll) and proposed plant matenal and other
landscape features and materials. Common and botanical names of
all plant materials shall be indicated. Location and type of
lITIgatIOn system shall be mdicated. ,\11 landscaping shall meet the
requirements of thIS section as well as section 26 502.
e LocatIOn, extent, types of materials and height of all walls and
fences.
17
f
g.
Extenor lightmg devices, type, height, locatIOn and onentatlOn.
Location, extent, maximum height number of floors and total floor
area of all buildings and structures.
h.
Total number of dwelling units. and typical floor plans for
reSIdential projects.
L
Elevations and perspective drawmgs of all proposed structures and
improvements, indicating architectural style and building
matenals. The drawings need not be the result of final architectural
design but of sufficient detail to permit evaluation of the proposed
structures.
J
Off-street parking and loadmg plan which indicates the size.
location and number of parkmg and loading spaces and which
shows the proposed circulation of vehicles and pedestnans within
the planned development and to and from existing or proposed
public thoroughfares. Any special engineering features and traffic
regulatIOn devices needed to facilitate and ensure the safety of thiS
circulatIOn pattern, mcluding fire lanes, must be shown.
k.
IndicatIOn of all proposed uses for all bUildings, structures and
open areas. Outside storage and display areas must be indicated If
proposed. DescriptIOn of any proposed temporary or mterim uses
of land or existmg bUildings pnor to development m accordance
With the approved final development plan,
I.
A development schedule mdlcating the approximate date on which
construction of the project can be expected to begm and
approximate dates when constructIOn will be completed. If a
multlphased project, mdlcate times for each phase
m.
The final development plan (and plat) shall be recorded with the
Jefferson County ClerK and Recorder and, therefore, must meet
their requirements for recordatIOn.
3 The followmg certifications, and approvals, m addition to the reqUired
surveyor's certificate, shall also be placed upon the final development plan
(and plat):
OWNER'S CERTIFICATION
The belOW-Signed owner(s), or legally designated agent(s) thereof, do hereby agree that
the property legally described hereon will be developed as a planned development m
18
accordance with the uses, restnctions and conditions contamed m this plan, and as may
otherwise be reqUired by lav" I (we) further recognize that the approval of final
development plan (and plat) does not create a vested property nght. Vested property
nghts may only arise and accrue pursuant to the provisions of sectIOn 26-121 of article I
of the Wheat Ridge Code of Laws.
Signature ofOwner(s) or Agent(s)
NOTARY PUBLIC
Subscribed and sworn to before me this
day of
Witness my hand and offiCial seal
My commiSSIOn expires
NOTARY SEAL
PLANNING COMMISSION CERTIFICATION
Recommended for approval /.pproved thiS
by the Wheat Ridge Planning Commission.
day of
Chairperson Chmrman
COMMUNITY DEVELOPMENT DIRECTOR
CITY COUNCIL CERTIFICATION
Approved thiS
Council.
day of
, by the Wheat Ridge City
ATTEST
City Clerk
Mayor
CITY SEAL
19
COUNTY CLERK AND RECORDER'S CERTIFICATE
This document accepted for filing m the oftice of the County Clerk and Recorder of
Jefferson County at Golden, Colorado, on the day of
AD, 1ll Book , Page , ReceptIOn No
JEFFERSON COUNTY CLERK AND RECORDER
By'
Deputy
4 ReView procedures
a. Staff review Upon filmg of an applicatIOn and other required
documents, the commumty development staff will refer copies of
the plans to affected departments and agencies for review All
comments shall be forwarded to the applicant so that necessary
reviSIOns may be made by the applicant prior to scheduling the
application before the planning commission.
b Planning commission heanng. Planmng commiSSIOn shall hold a
public heanng pursuant to the requirements of sectIOn 26-109 The
planning commission shall recommend to city council approval,
approval With modifications, or denial statmg the reasons for
action.
c CIty council heanng. Upon receipt of the planning commiSSIOn's
recommendation, city council shall hold a public heanng pursuant
to the reqUirements of section 26- I 09. CIty council shall approve,
approve with modifications or deny the application.
d. RecordatIOn. All approved final development plans shall be
recorded with the Jefferson Count) Clerk and Recorder Such
plans, and associated recording fees, shall be submitted to the
community development staffwlthm thirty (30) sixty (60) days of
council's final action. Should a recordable approved final
development not be provided to the staffwithm thirty (30) sixty
(60) days of counCil's final action, the staff shall schedule a public
hearing before city council and cIty councIl shall reconsider its
prevIOus approval. A one-time, thirty-day extension for mylar
submittal may be requested from the Community Development
Director. The request must be submitted in writing prior to
20
expiration of the 60-day time limit showing good cause for not
meeting the 60-day deadline.
5. Expiration of final development plan approvals; reapplications.
a. Construction shall commence in accordance with the
development schedule specified on the recorded final
development plan.
b. Extension of the development schedule specified on a recorded
final development plan shall require amendment to the final
development plan.
c. A new application for substantially the same development
application may not be refiled for one (1) year after denial.
Sec. 26-309. InteFflFetation Application of standards.
A. Detailed speCIficatIOns and standards which should have been set forth on an
approved outline and final development plan, but which were found subsequent to
approval to have been omitted, may be interpreted by the community development
director to be those specifications and standards set forth in the zone district m whIch the
approved uses contamed withm the final development plan would be permitted.
B The supplementary regulations of article VI apply to uses and activities wlthm
planned development districts, unless otherwise provided in the approved final
development plan.
c rfthe outline and final development plan does not address a particular
development standard, the standard of the zone district which most closely matches the
planned development as determined by the community development director shall be
used.
D The owner of any property who or which feels aggrieved by such determmation
may appeal the determmation pursuant to the proVISIOns of section 26-115
E. If the development standards specified on a recorded outline development
plan do not meet the current standard, a final development plan can be approved
consistent with those standards on the recorded outline development plan. This
provision does not apply to requirements listed under Article IV Subdivision
Regulations.
F. To vary from the minimum development standards established on a recorded
outline development plan, an amended outline development plan is required when
21
the variance is less than the established minimum. No amendment is required if the
variance is greater than the established minimum standard.
G. To vary from the standards set forth on a recorded final development plan,
an amended final development plan is required when the variance is less than the
established minimum. No amendment is required if the variance is greater than the
established minimum standard.
Sec. 26-310. Binding upon successors and assigns.
All approved development plans shall be bmdmg upon the owner(s), their successors and
assigns, and shall limIt the development to all conditions and limitations established in
such plans, and as may be contained in separately recorded agreements, covenants,
condommlUm declarations, etc., which were approved by city council as part of a planned
development approval.
Sec. 26-311. Amendments to development plans.
A. The procedures and requirements for amending an approved development plan
(preliminary outline or final) shall be the same as prescribed for original approval, except
as provided for under subsection fb) (B) below All applications for amendment to an
outline development plan must be approved in wntmg by all owners of real property
contamed within the area originally approved by the outline development plan, unless
specific alternative provISIons have been approved by city council as part of the unified
control agreement. All applications for amendment to a final development plan must
be approved in writing by all owners of real property and owners of interest
contained within the parcel or phase of the planned development where the
amendment is being requested. If the amendment affects the provisions for access,
drainage, utilities and/or circulation, affected property owners must consent to the
application for amendment in writing.
B Based upon showing of necessity therefore, minor changes m the locations of
structures and their accessory uses, fences, parkmg areas, landscapmg and other site
improvements may be permitted as an "admmlstratlve amendment" by the community
development director, if such changes will not cause any of the followmg circumstances
to occur.
Change m the character of the development.
2 Increase m the intensity (or density) of use
3 Increase of the problems of circulation, safety and utilities.
4 Increase of the external effects on the adjacent properties.
22
5 Increase in maximum building height.
6 Reduction in the originally approved setbacks from perimeter property
lines.
7 ReductIOn llllaHdscape area of total site, Reduction of a development
standard on the approved final development plan provided the
reduction does not decrease the development standard to an amount
less than the requirement on the approved outline development plan.
8. or relocatIOn Relocation of landscape areas which are reqUired as buffer
yards or establish project character
9. Increase in the gross floor area of structures of over 100/0 beyond the
authorized maximum allowed with the approved planned development,
but not to exceed an increase of 10,000 square feet.
10. Change ofthe land area devoted to any approved use by more than
10%.
C Any changes or revisions of a final development plan which are approved, eIther
admmlstratlvely or by cIty council action, must be recorded with the Jefferson County
Recorder as amendments to the Original recorded development plan subject to the
deadline provisions of Section 26-308.D.4.d.
Sec. 26-312. Interim use.
Subsequent to rezolllng to a Planned Development District and approval of a final
development plan, but prior to development and use of a parcel in accordance With the
approved plan. the property may continue to be used for any lawful purpose for which It
was used at the tIme of prehmiHary outline development plan approval, provided,
however. that no new permanent structures or additions to existmg structures will be
permItted.
Section 2. Safety Clause. The City of Wheat Ridge 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
ordmance 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 rations
relation to the proper legislative object sought to be attamed.
')~
~.J
Section 3. SeverabllItv. If any clause, sentence, paragraph, or part of this ZOlllng
code or the apphcatlOn thereof to any person or circumstances shall for any reason be adjusted by
a court of competent Jurisdiction mvalId, such Judgment shall not affect application to other
persons or circumstances.
Section 4. Supersession Clause. If any proviSIOn, reqUirements or standard
established by thiS Ordinance IS found to conflIct with similar provlSlons, requirements or
standards found elsewhere III the Code of Laws of the City of Wheat Ridge, which are m
existence as of the date of adoptIOn of thiS Ordmance, the proVISIOns, reqUirements and standards
here shall supersede and prevail
Section 5. Effective Date. ThIS ordinance shall take effect 15 days after final
pubhcatlOn.
INTRODUCED, READ, AND ADOPTED on first readmg by a vote of ~ to Q m this
22nd day of March, 2004, ordered published m full in a newspaper of general circulation m the
City of Wheat Ridge and Public Heanng and consideration on final ~assage set for Apnl 12,
2004, at 7'00 o'clock p.m., m the Council Chambers, 7500 West 29t Avenue, Wheat Ridge,
Colorado
READ, ADOPTED AND ORDERED PUBLISHED on second and final readmg by a
vote of 8 to 0 . this 12 th day of April , 2004.
SIGNED by the Mayor on this 15th day of
April
,2004
-.~ \
24
ST
I' publicatIOn. March 25, 2004
2nd publication. April 22, 2004
Wheat Ridge Transcnpt
Effective Date May 7, 2004
APPROVED AS TO FORM BY CITY ATTORNEY
d-dJ~(f/:M/
GERAL DAHL, CITY ATTORNEY
24