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HomeMy WebLinkAbout1972 Ordinance No. 017I I I Jm'IOD"llCBD AS A BILL 8Y <XXllCILM»IMI BBal!S BY AIJTll)JUTY Om>DIMICB m. 17 , SBRIBS OP 1972 All OJl>IllMICB AISll>I-. THB a.tRBHBHSIVB ZC*DG ORDIMICE (ORDDIAICE NO. 26, SBlllBS 1963) BY ADDDG TllBmlO A .... SUBOIAPTBR, 22.4A, ENTITLED, "PLANNED ~ (P.D.) DISTUCT," AUl'IK>UZDla SAID DZftRIC'l' '1'0 BE SUPERDIPOSED mm oa cmmnm> Wl'lll UY O'l'llBR BOMBD DISTUC'l' WITlllR '1'llB crrY 1 mQUIRIHG TD APPLICM'IOll, MYDW All> APPJOVAL 'l'llBm>Ps AIU) PmYmDIG ftAltDARDS TllBREPORE. BB rr OllaDllll> BY TllB CITY CCX.CIL OP 'l'HB CrrY OP BllGLBWOOD, CX>IDMDO, as follows: SectiGn 1. 'l'bat the Cc:.prehenaive ZOninq Ordinance, Ordinance Ro. 26, Series 1963, ia benby •mwled by adding a new aubcbapter thereto, being 22.4A, entitled, "Planned D9ftlu1 ant (P.D.) Dbtrict." said new aubcbapter r•d• as follows: 22.a-1. L!lialati,,. Pu!fO!! and Intent 'l'be purpo9e of thia subchapter i• to perait and encourage diversification in tbe location of structure• and the appropriate relationship of various uses and atructuna to their site• without inhibiting tbe potential advantages of new and ~ginatift teehniquu and concepts of design of urban land use. These ngulatiaaa are further intended to insure illproved pedestrian and vehicular circalatioa, facilities and the provision of uabl• open apace while inRring adequate 8tandaEda relating to tbe public health, •fety, welfare and con- venimce in the UM and occupancy of buildings and facilities. The amenities and o -..tibiliti•• of the Pl•"'*' Development classification are to be insured to the a~ion of a ct.nlopment plan, which aball consist of -pa, diagrams and written atat•anta setting forth land UM relation8hip• and development standards. 'l'be Planned Dne1Qlm9Dt clauification is to be applied to land only upon specific application by the owner, or authorised representatives of the owner of the lan4 and after apprcnal by the City Planning and Zoning C:C-iaaion1 con- atractian on •id land aball take place only after the approval of the c~saion and the O.V.lqmant plan and it• attendant ~ta have been recorded in the Office of the Clerk and a.corder of Arapahoe County, Colorado. 22.u-2. (a) Tbe P.D. District -y be ccmbined with any other zoned district and shall be subject to the proviaiona of this ordinance, as well as the basic zoning d.iatrict with ..U.ch it is ccmbined. Where a conflict occurs between an approved P.D. and the regulations of the underlying zoning district, the approved P.D. aball pre.il, except with regard to pemitted uaea, dwelling unit density, and off-atnet parking requirements. (b) In order to encourage good design and flexibility, the City Planning and Zoning O •••ion •Y wift all or part of the subdivision regulations applicable to the deftle>s-nt, if it i• assured that all public improvements and caavmienc•• will be conawted through other documents and agre..-nts. (c) 'lbe City Planning and v.onJ.ng c.._i••ion -Y •i,,. up to and including twmlty-f ift (25) percmt of the off-street parking requir...nta as established by a.apter 22.5-5 of the Baaing Ordinance, subject, however, to the standards Mtabl.Ubed panuant to Section 6(•) of this Chapter. 22.4A-l. Pre=!pJ?licatian Conference A pre-application conference shall be held with the staff of the Department of C• mity O.V.lapmant in order for the applicant to beccme acquainted with the Planned l>eftlamant procedure• and related City requirments. 22.4A-I. Appliaation An application for appmval of a Planned Develoi-nt •Y be filed by the owner or ownen of tbe land or by a person having an interest in the property that is to be included in the Planned O.V.los-ent, provided that such application shall be aCC'*.,...t.ed by tbe written authorisation for such action signed by the owner or owners of •id land, together with a ata~t signed by the owner or owners that tb9y agree to be bound by the regulations and conditions which will be effective with tbe appnnal and recording of the Develoi-nt Plan. The application shall be •de an a f oi:a prori.ded by the City and shall be acC01f18nied by plans and written atat•anta mowing th• following informations Ca> Prelt•••rx Plana. A PreU•tnary Plan 8howing the •jor details of the prcpa••d Pia;;;;a Dn9lCf98Dt at a scale of not l••• than l" • 50' and in sufficient detail to ._l•te the land planning, building design, and other features of the PEaPG••4 dlnelas ant. '1'he Prelt.lnaicy Plana mast contain, insofar as is applicable, tbe following wtnta. 1.nfomatlon1 1. A eaundary Survey, 2. The aiating topographic character of the land1 3. The propo•ed land uw' 4. '!'be location of all exi8tinCJ and proposed builcliJMJ•, •tructures and improvements; 5. 'l'be clenaity and type of dwellinCJ•, inclucling typical elevations and showinq ..... beiCJbt• 6. '!'be •jor point• of acce•• to public righta-of--y, the internal traffic and circalation apte.19, if applicable, off-mtreet parking areas, service areas, and la.ding areaa1 7. The location, beiC)bt and •i• of propo8ed •iCJD9, fence•, lighting and advertisinq dericea lncladtDCJ typical elnatiana1 a. Area• .-J.cb an to be conveyed, dedicated or r ... rved for public purposes, inclgHDCJ, but not liaited to, para and recr•tional areas, schools, public baUdlDCJ•, or other public purpoeu, 9. Area• aabject to a 100-year flooding cycl•• 10. A temral >andacape plan with •jor typea of •teriala designated as to purpose; 11. Deaigmtion of variou8 8t&CJ88 for conatruction, if applicable. (b) Written Stat••nt. 'ftle written atat••nt with the Planned Development application aball contain the following ainbua infomation: 1. A atat•ant of the pruent ownermbip and a legal description of all of the land included in the Planned Devel01meDt1 2. An -.planatian of the objective• to be achieved by the development, includinq building de8criptiona, •ketch••• or elevationa a• -y be necessary to describe tbe objective•• 3. A develC!fl••nt 8Chedule indicated the approximate date when construction of the develcpmnt or •tagea of the developeent can be expected to beqin and to be CC11Pleted1 4. Copi .. of any •pecial agr•••nt•, conveyances, restrictions, or covenants which will gcwern the uae, •intenance and protection of the development and public are&8. (c) 'l'he applicant -y .w.it any other information or exhibits deemed pertinent to the e•luatian of the proposed Planned Develoi:aent. 22.as. a.view and ApRro.l (a) Upon receipt of the application, the Department of C~unity Development aball be reaponaibl• for coordinating the review of the develoi:aent plans by the •rioaa City departmenta and appropriate public agencies culainating in the submission of an adri.eory report and na=r11ndatian to the City Planning and Zoning Commission. lutwl••ian of tbe report and reC!IC rsndatiou all be acccmplished within thirty (30) daya after the filing of the CC111Pl•te application. A copy of the advisory report and rec: 1Ntationa aball be furniabed to the applicant. (b) Within thirty (30) daya after having received •uch report, the CC1111Dission, apan pzoper notice, ahall hold a public h•ring on the application. The applicant aball post the property of the propoaed Planned Develo~t, in a form prescribed by the Depa&tawnt of C znity Develas-nt, and 8ball give written notice of the pablic bearing. (c) Within •ixty (60) daya frc::a the date of the Public Hearinq, the City Planning and ZCnincJ CCPPt••ion •ball make written findings recomnendinq to the City CA:luncil that the propomed plan be either approved, conditionally approved, or diaappr099d. A copy of •id findings •ball be fumimbed to the applicant. The City Council •Y requin a Public H .. ring prior to the final approval or disapproval of tbe p&q1a••d Planned Denlosi-nt. Within thirty (30) days followinq the public bell~, if held, or within thirty (30) daya following receipt of the Planninq CCPPiaaion rec riidation, if no hearincJ i• held, the City Council shall mke finding• either approving, conditionally approving, or diaapprovinq the proposed plan. A copy of •id findinp aball be fumiahed to the applicant. (d) All approved •lte plane for Planned Developments, including modifications or caaditiona, aball be endoraed by the Chai.man of the City Planning and Zoning C~•ian and aball be recorded in the Off ice of the Arapahoe County Clerk and Recorder. (•) Any peraon applying to the courts for a review of any decision Dade under the t8tmm of thim Chapter all apply for review within thirty (30)days after tbe date of decision and shall be nquired to pay the cost of preparing a tranacript of pEOCeedinga and the application for review 8ball be in the nature of certiorari under Rule 106(a)(4) of the Colorado Rules of Civil Procedure. 22.U-6. Standards Before approri.nc) a Planned Devel~nt, the approving agency ahall make written fincHng• that tbe Planned Develosment will illplwnt the purpo8•• of this Ordinance and of thia Chapter, and, 1n additian, -t the following requir~t•r (a) u. .. Pemitteds '1'he uae• in the Planned Develoi:aent must be "penaitted by right• or approv9d a• •pemitted by special review" in the Zone District in which the Pta,,,,... DevelOllMDt i• located. I I I I II I (b) The Pl•nned De,,.losi-nt ia conaiatent with the intent of the Comprehensive Plan and the polici.. therein. (c) The Planned Development'• relationship to its surroundinqs shall be con- aidezed in oJ:der to avoid adnrae ef fecta to the exiating and possible future develop- ment c:a118ed by traffic circulation, building height or bulk, lack of screening, or intnaiona of pri•cy. (d) IUD!maa nq11ir111nta for UAble open apace will be •t throuqh the overall duiCJD and a•niti•• propo9ed for the development. Private park and/or recreational az.a, CM-5 in c-an, •Y be conaidend to wt the lliniaum usable open space reqairwnta if the c.._1aaion detemine• that such areas will meet the followinq reqairwntaa 1. '!'be area will be of sufficient aiae to adequately serve the entire d9velicc mt for micb it i• deaigned. 2. '!'be area is acceaaibl• and available to all of the occupants of dwelling unita for mGee UM it ia intended. 3. The area will be used and i• suit.able for scenic, landscapinq, recreational, or all of the afor•antioned purpoa ... <•> The nmlber of of f-atnet parking apaces in the proposed development shall not be len than the requir-.ata of Chapter 22.s-s of thia Ordinance, provided, however, that the Planning and r.<ming O-tnion -Y wive up to and incluclinq twmty-five (25) percent of aaid requir-.ita in any zoned district, if one or more of the following factors are found to exiats 1. The probable nmlber of autcaabilea owned or uaed by occupants of the praposed ctnelos-ent will be l••• than typically found in similar ctevelcc 1 1nta. 2. The parkincJ needs of non-residential uses will lessen the overall parking neecla of the develqment. 3. Vazying time perioda of usage 11i' llixed uHs in the development will 1•8en Oftrall parking requir-.ita. 4. The pEOperty ownera will participate in a mandatory parkinq district tlbicb will adequately ... t the off-street parking needs of the development. (f) Site Planninga The approving agency aball be aatisfied that the site plan for the Planned DevelCIWl'llt ...U all of the following requirwnts: 1. '!be Pl•nned Developwnt IU8t be planned in relationship to the surrounding area, and IU8t be landscaped. In acSdition, the site plan must contain a 25-f~ buffer strip in any proposed development which will include multiple fa••ly or nan-residential building• or structures which is adjacent to a single faaily residential use district. The buffer strip shall be kept free of building• or structures and mat be landscaped, screened, or protected by natural f•turea, so that adverae effects on surrounding areas are wtntwiMdr 2. Within the Planned Develas-nt, spacing auat be provided between buildings and structure•, giving consideration to their intended use, their location, deaiqn and height, the placement and extent of facing window areas, and the t<1P09raphy and such other natural f•tures as will assure privacy and a pl•aant envirownt1 3. If the area of the de,,.loiment is such that an internal street circulation system ia necea•ry, such system aball be designed for the type of traffic to be 4)9Demted. All Planned De'V9las-nts auat have access to public streets. Pri•ta, internal •treeta -y be pemi.tted if they can be used by police and fire department vehicles for -rgency purpoaesr 4. Pedeatrian wya must pmvide convenient and aafe access to residential bailding 9roupe, open apace ar••• recr•tional areas, schools and neiqhbor- bood aboppin9 ar•• if they are a part of the Planned Development, and must be MJl&Eated as much as possible frca vehicular traffic areas; 5. the aite plan aball provide for th• •xi•m preservation of natural drainage aE9aa, v.getation and other deairable natural f•tures. 22.a-1. The approvin9 aqency -y authorize the iapl~tation of the development plan in in atagea. HCRMver, for •ch authorised stage of planned developaent, any private or public 11&r.k ar• to be conveyed, dedicated, or reserved shall be of sufficient size to aene the dwalling unit density for that stage or of auf f icient size to serve the dwelling unit denaity for the ~tire developwnt. If the conveyance, dedication or re•nation of the public or pri•te park area la staged, such park area shall be located in that part of the Planned Develos-ent included in that stage, or elsewhere in the Planned Develosi-ent at a location accessible to the dwelling unit to be provided in that stage. 22.4A-8. 0.1!9!! in the DevelcsmDt Plan Except a• provid94 hereafter, no cbancJe• -Y be .. .s. in the approved Planned Develcc1 rnt c!uring iu illpl-tations (a) llinor cbaNJ9• in the location, ••tting, height or character of buildinqs and stzacban• -y be aatbor1-cl by the Director of Cc 1nity Development if required by engineering or other cizwtance• not foreaeen at the t1-the development proqrua •• qpzond. llo eha'MJ9 authorised by the Director of C~ity Developnent under tbia Section -y increaM the •i• of any building or atructure by aore than five (5) percmt, nor cbancJe the locatiaa of any buildincJ or atructure by 110re than ten (10) f~ in any 4irectioD1 and pmri.ded that the Director of C~unity Develop- wat -Y not appron the relocatian of any buildiDCJ or atructure ao that the building or atractare 1a cloeer to any aide or f rant property line than •• apPEQV9d on the Devel~t Plan. Cb) All other change• in the Planned Development Plan, 1ncludin9 chanqes in the aite plan and in the dewlCf Hnt acbedule, muat be -d• under the procedures that are awllaabl• to the initial appftWal of a Planned Develocment. 22.4A-9. Annual -.View At l•at once every twelve ..atha, th• Depaxtwnt of ~unity Development shall Z8View all building peraiu mich have been ianed for the Planned Development and 8ball ew•t119 tbe canatnctiaa mich baa takm place on the aite. The Director of O :mity Develqi•1nt aball make a report of any violationa of the provisions of this Chapter or of tbe tama and caaditiaaa of the Develasment Plan approval to the Planninq Ce taaion, and tbe Cc •••ion ahall bold a h•rinCJ on the report of violations subd.tted by the Director, having firat 9iftft written notice to the Planned Development applicant and all CNDen of abutting property. Upon review of the alleged violations, the Ccmnission •y, U it dar•• Dece9•ry, require that appropriate action be taJcm to rwdy the violationa. If ncb action i• not taken by the applicant within thirty (30) days, or if the o ••ion deteminea that it i• necemry to •-nd or .:>dify the Development Plan, tbe 0 taaion •Y &WM!, llOdlify or revoke the approval of the Development Plan giving written fin4inp therefor. 22.4A-10. Caeeletion of the Planned Developent Upon the CC11Plet1on of the Planned Develoi-nt, the Director of Camaunity Develop- .mt shall iaaue a certif icata for the Planned Develas-nt certifying the completion and 8ball note the i••11ance of the certificate on an off ice copy of the official ZmiD9 llap and on the Sita Plan. After completion, the uae of land and the con- atruction, ll04if ication, or alteration of any building• within the Planned Development will be CJOVUDed by the approved DevelOl98Dt Plan. 22.4A-ll. !!!. 'lbe City Council •Y utabliab a f.. ecbedule for Planned Development applications to conr tbe coat. of DrOOe••inCJ and review. 22.4A-12. Approvincr ApDCY Aa uae4 in tbia 0.pter, •Approving Agency" •ball ~ the City Planninq and Zmlna C• ta•iaa. 22.4A-13. Snuability Xf any ,part or part. of tbi• aubcbapter are for any r•eon held to be invalid, aucb deciaiaa 8ball not affect the validity of the remining portion of this subchapter. 1972. Publimed a• a Bill for an Ordhwnce on the 20th day of April, 1972. -.4 by title and paned on final rmcling on the lat day of May , 1972. 17 , Serie• of 1972 on the 4th day of --iiiiiillll--' ~-/_ ~ .. -11.~ ~._-4 __ Mayor Atta8t1 ea officio Clty Clerk I, WU.U-L. llcDiritt , do hereby certify that the above and foregoing is a U., accurate and CG111Plete copy of an Or:dt.mnce, paaud on final r•ding and published by title aa Ordt.mnce llo. 17 , Seri•• of 1972. ~Al"~~ ex officio City Clerk I . I I \ ~ \ . I I .