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HomeMy WebLinkAbout1987 Ordinance No. 041I IW /ll!lllOIU'l'Y L\XJNClL llILL NO. 46 lN'l1KIDUC:11J llY CXJUNCl I, IU }U 11:R Ill LO i\ll l)IUJIN/\Nl"l·: 1\fll•NJ)J N(; ·1111; 1:NGl,l·~,1"0) MUNICIP/11, nxn; 1~85 BY IU'.PE/11.[NG /IND l(IJN/ll"l'tti; '1'1'11 ,1·: 10 '1111JU-1JF J>IJfl'/\lNING 'Ill Slll~l!V J!;l l)< ltl•x;UlJ\'l'l mS OF '1 11E C l'l'Y IF IN:;J,171\\.X )ll . \nn:Hl·J\!i , till' r:u rre nl !i11lxliv 1s1on Crxk.• wt.ts dcioplcd in 1967 ; and ~.,u:iu:/\!i , <l11rinq thf' 20 y ur~ s ince it!> ,1dopt ton , there have been t t•chnic.:il c h,11KJP S , procrd11rd l ch,,nq<'~ ,md chancit •i; tn "°rding that nccxl t o be n· lr'f"tPd rn th<' Suhciivis i rm Cock•; ,i nd \•/ll!:HJ:A!;, t o kf'f'P ru1ri' with lh0sc c hunqcs , it i s necessary to repea l L11t• :i11l'lll 1v 1sin11 ,~,,.,1 1l ,1t it,n~ acbpt1•d 111 J9G7 m1d rccn,,cl new Sulxtivision Hi '<ll1 l,1t·i rms ; N(J,J , 'l'lll•m:1,'QIU ·:, BE ('I' 0 1Ul/lINl1l IJY 'l'IIE Cl'l'Y CWNCl J. Of' 'lllE CI'l'Y or ENC"J ,J );O:lll , CllLOR/IIXl, '11 IAT : Sect i un l. Ti le JO o( Eng l <?\,\'.)()(! Municipal Coclc 1985 i s hereby repeal ed ,1111: ,, new Titl<' 10 ,,f Enq l C'\>OOCJ Municipal Coclc 1985 i s hereby adopted to r ead .i., foJJc,;-JS : I I CHAPTER 1 GENERAL SUBDIVISION REGULATIONS SECTIO N: 10 -1-1: 1 0-1 -2: 1 0-1-3: 1 0 -1-4: Title and Purpose Prohibited Acts Definitions Penalties 10 -1-1: TITLE AND PURPOSE. A. Th e provisions of this Title shall be known and referred to as th e "Subdivision Regulations of the City of Englewood." B. The purpose of th i s Title, and of the requirements contained herein, is to provide for the proper arrangements of pro- posed streets, alleys and other public ways in relation to the presently existing or planned streets, alleys or other public ways and in relation to the City's Comprehensive Plan; to assure adequate, convenient and accessible spaces a nd areas for vehicular and pedestrian travel, utilities, firefighting and police equipment, recreation, light and air; to reduce noise and air pollution; to avoid congestion of population; to avoid the crowding and congested building of improvements; to restrict use of flood plain areas so as to avoid potential flood damage; to allow the orderly plan- ning and development of areas within the City with a special view toward adequate storm drainage, efficient traffic flow and provision of necessary Municipal services; to permit th~ transfer and conveyance of realty within the City ,.-i.th more facility and ease; and to establish standards and procedures for the attainment of these purposes and for the enforcement of this Title. 10 -1-2: PROHIBITED ACTS: A. Except as provided herein, it shall be unlawful for any per- son to divide any realty unless there has first been a eub- division plat prepared, approved and recorded, i n accordance with the provisi ons of this Title. -l - B. C . It shall be unl awful for any person to execute, deliver or record any deed, lease or other instrument ,:,f whatsoever nature, wh ich would have the effect of causing a division in a ny realty unless and un til a plat therefor has been pre- pared, approved and filed in accorda nce with the provisions of th is Title. In the absence of compliance with said pro- v is iona , any suc h instrument shall be null, void and of no legal effect whatsoever. No building permit, cert ifica te of occupancy or other permit or certificate shall be issued npprov,ng or authorizing th e construction, remod el ing, repa i ring or occupancy of any im- provemen t , building or other structure upon any realty, wh ich would have the effect of causing a division of realty unless t here h as been a c ompliance with all of the require- ments of this Title. 10-1-J: DEFINITIONS: For the purpose of this Title words and ph ras es used herein are defined as follows: ALLEY A pa ssage way open to public travel which affords a secondary means of vehicular access to lots abutting upon it. BICYC LE LANE A portion of a street right-of-way designated for the use of bicycle traffic. BICYCLE PATH A paved or otherwise surfaced o ff-s treet lane designated for bicycle traffic. BLOCK An area o f land within a subdivision wh ich is entirely bounded by streets , except alleys or the exterior boundary or boundaries of the subdivision. COMMISS ION The City Planning and Zo n i ng Commission of Englewood. COM PREHENSIVE PLAN The City Comprehensive Plan developed by the Planning and Zoning Commission and a dopted by the council for the physical development of the City, which includes any unit or p art of such plan separately adopted and any amend- ment to such plan or parts thereof. CUL-DE-S AC A short street having one end open to traffic and being term inated at the other end by a vehicular turnaround. DIR :'.CTCR The Director of Community Development . DIVIDE OR DIVISION Any act which would have the effect, either legally or practicably, of causing a separa- tion of a single tract or parcel of realty i nto two (2) or more tracts. parcels or sites . -2 - I I EASEMEN T FIRE LANE FLOOD PLAIN A grant of one o r mor-, of the property r ights b y the property owner to and/or for the use of the pub l ic, a corpora tion or anothe r. per- son or e nt ity. That portion o f a street right-of-way or a paved or otherwise surfaced off-street lane d esigna ted to assure access by emergency vehicles. The area a djacent to the normal channel of a s tream wh i ch is subject to fl ood i ng when stream flow exceeds the capacity of the chan n el. LOT A parcel or tract of land intended to be de- veloped , used or c onveyed as a s ingle un i t . MA STER STREET PLAN Pa rt of the City Comprehensive Plan showing location and classification o f p rincipa l traffic ways. MINO R SU BD IVISION The bUbdivisi o n of residentially zoned prop- erty i nto three or fewer lots or the subdivi- sio n of commercially or industrially zoned property of one-half acre or less. PARK ING STRIP City-owned property which lies l:et we e n the front lot line and the traveled surface o f the str e et, u sually designated by the curb. PLANNING COMMISSION OR COMMIS SION The Ci ty Planning and Zoning Commission of Englewood . RO ADWA Y That portion of a street right-of-way desig- nated for vehicular traf fic ; where curbs a r e in place, the portion be ':we 13n curbs. SIDEWALK That portion of a street right-of-way, paved or ot·1erwise surfaced , intended for pede strian use . STR EET A public right-of-way for vehicular or pedestr ian traffic. Strr ~ are classified as follows: A. Freeway --provide s for expeditious move- ment of large volumes of through traffic and generally not intended to provide land-access service except by use of grade separation which may be combined with parallel frontage roads. -3 - SUBDIVIDER B, Ar terial --provides for "th rough " lraf- fic movem e nt connec ting maj o r land use e le- ments within the City, a nd c onne c ting the city a nd adja c3nt communities with o ne a n- other. Direct access is ordina rily provided to abutting property; how ever, c on sideration mu s t be g iven to the control o f e ntrances , exits a nd curb use in order th a t t he traffic mo veme nt ca n be re lat ively unimpede d through- out t he Ci ty. c. Mi n or a nd Majo r Col lec tor s t r~et --pro- vides for traffic moveme nt between arteria ls and loca l s tree ts with direct acc e s s to abut- ting property . D. Local Street --prov ides for direct ac - c ess to abutting land, and for l ocal tra ff ic movement primarily i n re sident ia l areas . Any p erson or other th e reof, d iv iding o r r ea lty . entity , or proposing any to agent divide SUBDIVISION Any divi sion of land, lot, tract , or p arcel into two or more lots, parcels , plats, si t e s , or other division of land for the purpo se of saie, lease, o f fer or deve l opment, whether immediate or fut ure. 10-1-4: PENALTIES: An y violation of this Title is subjec t t r. those pen,n ~ · ,,s provided in the Ge neral Pe nalty Section of t ile 19 8 5 Eng i ,,·, ,,.._~. Municipal Code. SECTION: 10-2-1: 10-2 -2 : 10-2-3 : 10 -2-4 : 10-2-5: ]J-i -6: 1 0-2-7: 1 0-2-8: 10-·2-·9: CHAPTER 2 MAJOR SUBDIVISION PLATTING PROCEDURES Subm ission of Pre liminary Plat Contents of Prelimi nary Plat Vicinity Sketch Review of Preliminary Pla t Final Plat Ad ditional Do c uments to Accomp a ny Final Plat Approv i ng the Final Plat Fees Appea ls 10-2 -1: SUBMISSION OF PRELIMI NARY PLAT: The owner of any real- ty required to obtain ap proval of a subdivision pla t shall fir s t prepare a prelimina ry plat of the propo s ed subdivision, and shall submit to the Director t e n (10) prints of the same, together with a writte n subdivision a ppl ication and the r e quired fees. Upon -4 - I I I I approval of t he Direc tor, however, a preliminary and fi nal plat may be subm i tted simu l taneously if the sub ject realty has been previously platted and consi sts of less than four lots. 10-2-2: CONTENTS OF PRELIMINARY PLAT: The preliminary plat s hall co ntain not less than the f ollowing i nformat ion: A. Ide nti ficatio n and Des c ription. l. Bound ary lines of the subdivision with a ngle s , bearings and distances which must close within the limits of one i n ten thousand (10,000). 2. Names and addres ses of all person s, corporat ions o r other entities having any interest, legal or equitable, i n the property proposed for subdivision and the names and addresses and signatures of the subdivider and Co lorado licensed a nd r egistered land surveyor who pre- pared the preliminary design. 3. Leg a l descript ion of the property . 4 . Space fo r notation of action of the City Planning and Zoning Commission and date thereof and signatures of chai r man a nd recording secretary of the City Planning and Zon i ng Commission. 5 . A graphic scale -not smaller tha n one inch equals one hundred feet (l" = 100'). 6. North arrow and date. 7, The proposed name of the subdiv i sion. B. Site Details . 1. Total acreage. 2 . Location, widths and where appropriate, names of all existing and proposed right s -o f -way for streets, al- leys, bicycle paths or oth er publ ic ways and all exist- ing and proposed easements, eithe r public or private, for util ities, drainage or other purposes, within the area proposed for s ubdivision and at least one hundred feet (100 ') immediately adjacent thereto. 3 . 4. Contours with intervals of one (1 ) foot. Angles and radii of curves. 5 . Zone distric t or districts in which the land proposed for subdivision and the land within three hundred feet (300') from the boundaries the r eof is located. 6. Location of land intended to be conveyed, used or re- served for pt:blic purposes or reserved in deed s for the -5 - comm or. use of all property owners within the proposed s ubdivision. 7. Location of all existing structures within the tract . 8. 9. Layout, num bers a nd dimension s to the nearest foot of proposed lots and blocks . Flood plai n, drai na g e c h annels, stream c hannels, ir- rigation ditc hes , other bodies of water and any other sign ificant natural feat ures within the tra · and a t l east o ne hundred feet (100 ') immedi atel y adjacent thereto. 10. Exi st ing and proposed sanitary sewers, storm sewers , hydra nts and water mains, c ul verts or other underground structures within the area propo sed for subdiv ision a nd with in at leas t one hundred feet (100 ') from the bound- ary lines thereof. 11 . Typical cross -sections o f proposed streetR showing the widths of roadway s a nd the locat ion a nd d imensions of b icycl e lanes , sidewa lks, cu rbs, gutters and other struc tu r es t o be loca ted within the right-of-way. 12. Pro fi les to scale of forty feet (40') horizonta lly and fi ve feet (5') vertically of streets and alleys. One reproducible and one p rint of same s hall be required. 13. Additional informa tion. At any time after s ubm i ssion of the preliminary plat and vicinity sketc h, the Com- mi s sion may require the submission of Ruch further and additional information d B may aid it in its consider- ation of the proposed subdivision plan . 10-2-3 : VICINITY SKETCH: The prelimina ry plat shall be accom- pa nied by a vicinity sketch, at a scale of not more than six hun- dred feet to the inch (600 ' = 1 11 ), which shall reflect the relat ionship between the a rea proposed to be subdivided and each of the foll owing: A. The nearest public and private elementary school, middle or jun i or high '.school and h i gh school. B. C. All previously deeded or dedicated streets, whether ope ned or not, within one thousand th ree hundred twenty feet (1,320') of each boundary of the area. The nearest commercially zoned distric t, whether the same is with i n or without t he boundaries of the City. D. The nearest park or other recreational facilit/. E. Designated bicycl e and pedestrian paths which h ave been adopted by the City or included in the regional bicycle -6 - I I I I trans portation plan, if within one thousand three hundred tw en ty feet (1,320') of e ach boundary of the area. F. ,~l.c ional I nformation. At any time afte r submi ssion of the p , liminary plat and vicinity sketch, the Commission may r o •j1t ire the submission o f such i nformation as may aid i t in i t Q consideration of the pro posed s ubd iv i sion plan. 10 -2-4 : REVIEW OF PRELIMIN1,RY PI.1.T : A. Up o n rec eipt o f the preliminary plat a nd tho v i cin i ty sketch t ogether with the requir.ed fees, the Director s hall submit o ne or more prints o f the prel i minary plat to each of the fo llowing for their recommend a tion s in c o n nect1 ~n t herew ith : B. 1. 2. 3. 4 . 5 . r he The The The The Dep a rtme nt of Pub lic Works. De pa rtment of Utilities. Department of ~arks and Recreation. Department of Engineering Services. Fire Depa rtmen t . 6. Ur ban Drainag e and Flood Control Dist r ict . 7. All affected ut i lity c ompanies . 8. The Col orado state Highway Dep artment, if the realty b orders a State or Federal Highway. 9. Ad jacent Municipalitie s , if the realty borders or im - pacts any adjacent muni ci pality. Said agencies o f the City, and al l private agencies as may wish to be represented , shall discuss the preliminary des ign at a technical review meet i ng held within 15 days o f the receipt of the preliminary pl at . Recommendation of the Technical Review Committee will be forwarded to the appl i - ca nt. The preliminary plat should be amended accordingly prior to subm iss i on for Planning Commission review. Subs equent to the aforesaid t echn ical review meeting, a date and t i me for consideration of the preliminary plat by the Comm i ssi o n at a public hearing shall be set, and notifica- t i on thereof shall be g i ven to the applicant and to owners of adjacent properties. C. The Commis sion shall review and consider the preliminary plat a nd v icinity sketch wi th particular attention to the followi 11<J matters: -7 - D. 1. The zoning of the property proposed for subdivision, together with the zoni ng of the areas imme d iately adja- cent thereto. 2. The proposed layout of lots and blocks and the proposed dimensions thereof to demonst rate compliance with ap- plicable yard area requirements. 3. 4. The availability of all util i t ies, and the proximity thereof t o the area proposed for subdivision . Topography a nd natural feature s of the land with spe- cial reference to flood plains . 5 . The c ontinuity of streets and alleys within the area proposed for subdivision, and the design a nd location of such stree ts and alleys, with relation to existing streets and alleys, both wi th i n and without the area proposed for subdivision, and the Master Street Plan. 6. All rights-of-way to be des i gned a nd located to fa c ili- t ate the safe movement of ped estrian s and bicyclists. 7. All bicyc le and pedestrian ways shall be selected, lo- cated and des igned in accordance wi th current City standards. 8. The location of utility and other easements. 9. The location of, and provision for, public areas, in- cluding land ressrved for parks, schools and other public uses. 10. The method of handling drainage and surface water. 11 . Any other matters which th e Commission deems important to be considered in order to accomplish the purposes set forth herein. The applicant or designee shall attend the public hearing and shall attend and participate in the deliberations of the Commission upon the proposed subd i vision plan as reflected in the preliminary plat. Upon not ice to the appl i cant the Commission may continue or adjourn its deliberations from time to time in order to obtain further information rel~ting thereto. Upon completion of its consideration of the preliminary plat at the public hearing, the Commission may give its uncondi- tioned approval to the proposed subdivision plat as re- flected thereon; it may state the conditions or changes re- quired for approval of the same; or i t may disapprove it. -8 - I I I I If it determines that, du,, to the location , topography , natural drainage or other unusua l feature of the area pro- posed to be subdivided o r due to the c ha racter of the pro- posed developmen t of the area, the proposed subd ivis ion plat would: 1. 2 . J. create drainage or traf fic problems in or near the area, or Lead to congested developme nt , or Re nd er the supplying of governmental or ut ility ser- vices to the area impractical or difficult, then the comm issi on may approve the prel imi n ary pl a t, subject to such reasonable conditions as may be required to accomplish the developme nt c ontempl a t ed . After completion of its c onside ration of the pre liminary plat and determination of whether any of the further conditions or re- quirements shoc•ld be imposed, the Commission shall present to the applicant a wr i tten statement whic h shall state to the applicant whether the Commission ha s uncond itionally approved, conditional- ly approved or disapproved the same. In the event thac the Com- mission c ondit ionall y approves the subdivision plat, the written- statement of the Pl c.nning Commission shall set forth the condi- tions and requireme nts to he met by the applicant and the reasons for the imposition thereof. In the event of a disapproval of the s ubdivision plat, the written statem.-,nt of the Commission shall set forth the reasons therefor, and the applicant may appeal suc h disapproval in the ma nner set forth in Se ction 10-2-9. 10 -2-s : FINAL PLAT• Upon receipt by the applicant of the Com- mission's written statement, the applicant shall, within s i x months thereafter, submit to the Commission the final plat, together with such accompanying papers and documents as may be requi red. An additional six-month extension may be granted by the Director for cause . The final pl.at shall reflect the sub- division plat considered at the public hearing a nd as previously approved by the Comm ission, a nd shall contain not less than the following information: A. The nam e or other designation of the subdivision and the legal description of the land contained therein. B. A notarized certification and dedication executed by the owner or owners, which approves the method of subdivision shown thereon and which dedicates all streets, alleys , rights-of-way and easements contained thereon, and any land set aside for parks, playgrounds and other public uses . However, no approval of a plat by the Commission shall be deemed to constitute or effect an acceptance by the City or other public body of any street or other land to which the dedication shown upon the final plat is applica ble. Such acceptance may be give n on l y by action of Council. -9 - C . A certificate for execution by the City Cle1:k showi ng ap- proval of t he subdi v ision plat by City Council and the ac- ceptance by city Council of any land to be d edicated by the plat f or streets, alleys , rights-o f -way, public easements, parks, playgrounds and other Muni cipal purposes . D. A certificate executed by a registered land surveyor cer- tifying t h at the final plat represents a survey made by s uch s urveyor that any monuments shown thereon actually exist at the l ocat ions indicated and that all dimensions and other details are correct. E. True bear i ngs and dis tances to the ne arest established street lines or of ficia l mo numents shall be acc urately de scribed on the plat; mun icipal, township, county or sec- t ion l ine s shall be acc ura te ly related to the lines o f t he subdivision by distances and bearings . F. The boundary lines of the ar r,a proposed to be subdivided with accurate angles , bearings a nd d istances a nd the widths of all presently e xist i ng or d e dicated streets intersecting the boundary of the tract. All dimensions reflected thereon must have been d e termined by accurate field survey which must balance and close within limit of one in ten thousand (10,000). G. The lengths o f all arcs and radii, internal a ngles, points of curvature and lengths and bearings of tangents . H. All existing and proposed e asements as approved by publ ic ut ilities. r. All lot lines and other property lines with accurate dimen- sions in feet and hundredths of a foot with bearings of an- gles to street and alley l i nes. Lot dimensions shall close to one i n ten thousand (10,000). J . All lots and blocks numbered sequentially . 10-2-6: ADDITIONAL DOCUMENTS TO ACCOMPANY FINAL PLATI At the time that the a pplicant submits the proposed final plat, it shall be accompanied by the following documents, if the same have not previously been prov i ded: A. A certificate signed by the surveyor or engineer respon- sible for the installation, that, prior to the submission of the final plat, iron pin monuments one-half inch (1/2 11 ) in diameter and not less than thirty inches ( 30") in length have been set in concrete, with a durable cap bearing the Colora do registration number of the land surveyor respon- sible f or the establishment of said monument, and located in the area set forth on the fi nal pla t at the following locations: -10 - I I I 1. 2 . At all intersections of side lines of streets and al - leys with the boundary lines of the proposed subdiv i- sion , these monuments shall be set not more than four- teen hundred feet apart along any straight boundary l ine, at all angle points, at the beginning, end, and points of change of direction or cha nge of radius of any curved boundaries defined by circ ular arcs, and at the beginn i ng and end of any sp i ral curve. At the points of curvature and points o r tangency o f streets, alleys or boundary lines of the proposed sub- division where there is a change of dire ction, c urva- ture or intersection of such lines. J . At all block corne rs . B. A statement that service is available to this site from e ach public utility providing services to the area. C. A statement from the Director of Engineering Services ap- proving the profiles of the streets and alleys shown on the preliminary design. D. Any document by means of which the applicant proposes to restrict, limit or condition the use of the area within the final plat, or any part thereof, and which restrictions, limitations or conditions do not appear on the face of the final plat. E. A treasurer's certificate, issued by the Treasurer of the County of Arapahoe, duly certifying that there are no cer- tificates of sale or tax deeds issued by his office and that all current general and ad valorem taxes and special assess- ments are paid for the area covered by the final plat. F. A title insurance policy, or a commitment therefor or a ti- tle opinion issued and signed by an attorney duly licensed to practice in the State of Colorado, showing the legal and equitable state of the title t o the area involved, any of which shall have been issued within thirty (JO) days prior to the date of submission of the fina l plat. Should there be a previously recorded d e ed or other document creating restrictions, limitations or cinditions upon the use of the area, or any part thereof, a copy of the same shall accompa- ny the policy . commitment or title opinion. G. Any other recorn of docume nt required to be submitted by any other provision of these s u b division regulations. 1 0 -2-7: APPRJVING THE l'INAL l!LAT: A. The Com~ission shall approve, conditionally approve, or dis- approve a final plat within thirty (JO) days of submittal for review, unless the applicant shall have waived this re- quirement and consented to an extension thereon, utilizing the same criteria used in considering the preliminary plat; -ll - B. otherwise such plat s hall be deemed to have been approved and a certificate to that effect s hall be issued by the Com- mission on demand . The basis for the Comm ission's c ondi- tional approval or disapproval of a final pla t shall be stated in wr iting . The Commission's approval of any final pla t shall be i n writing a nd the final plat, together with the Commissi on's a pproval there of, shall be transmitted to Ci ty cou ncil for its action thereon. Upon Co uncil's approval thereof, and the due execut ion of all cert ific ates appeari ng upon the sam e , the final plat and a ll other required docume nts shall be r ecorded with the Clerk and Recorder of the county of Ar a pa h oe by the City Clerk, the expense of whic h shall be borne by the appl i cant and which shall be p aid prior to the re c ording thereof . No approval of any fi nal plat shall be effe c tive until the same is recorded. 10 -2-8: FEES: The applicant shall pay fees as determined by Ci ty Council to part ially defray the expenses attendant u pon the Co mmission's consideration of the application. A schedule of the s e fees is on file with the Plann i ng Division of Community Dev e lopme nt . 10-2 -9: APPEALS: Should the Commis sion refuse to give i ts un- conditional approval eithe r to a pr?liminary plat or to a final plat, the appl.icant may, within a p eriod of th irty (30) days a f ter the Commission's action, appeal the Commission's action to the City Council by filing with the City Clerk a written notice of appeal, setting forth the action of the Commission complained of and the reasons for the appeal. The City Council shall, at i ts next regular meeting, schedule a public hearing thereon after which it shall approve , modify or reverse the Commission's ac- tions and shall remand the matter to the Commission for further proceedings not inconsistent with Council's decision. SECTION : 10-3-1 10-3-2: 10-3-3: 10-3-4: 10 -3-5: 10 -3-6: 10-3-7: 10 -3-8: 10-3-9: CHAPTER 3 MINOR SUBDIVISION PLATTING PROCEDURES Purpose and Applica bility Submission of Minor Subdivision P~eliminary Sketch Contents of Minor Subdivision Preliminary Sketch Review of Minor subdivision Preliminary Ske'i:ch Subdivision Minor Final Plat Add itional Documents t o Accompany Minor Subdivision Final Plat Review of Minor Subd ivision Final Plat Approv i ng the Mi nor Subdivision Final Plat Fees -12 - I I I 10-3-1 PURPOSE AND APPLICABILITY , The purpose or this Chapter i s to provide for a process that accomplishes the purpose out- lined in Section 10-1-1 as it applies to small residentially, c ommer cial l y and industrial ly zoned properties. To that end, the provision s in this c hapter may be applied to the subdivision o f r esidentially zoned property into three or tewer lots or the sub- division of commercially or industrially zoned property of one hal f ac re o r less, provi ded that no dedication for public right- of-way or other public purpose is required. Upon a pproval by the Director of Commun ity Development, previous- ly platted lots of one acre or less may be re s ubdivided without going th r ough either the major or the minor subdivision proc ess. 10 -3-2: SUBMISSION OF MINOR SUBDIVISION PRELIHIN~RY SKETCH: The ow ner of any realty required to obtain approval of a Minor Subd i vision plat shall first prepare a preliminary sketch of the proposed subdivision, and shall submit to the Director five (5) pr i nts of the same, together with a written subdivision applica- tion and the required fee s. 10 -3-3 : CONTENTS OF MINOR SUBDIVISION PRELIMINARY SKETCH: The preliminary sketch shall contain not less than the following information: A. I d e ntification and Description . 1. Boundary lines of the subdivision and the proposed name of the Minor Subdivision. 2. Legal description of the property. 3. A graphic scale -not smaller than one inch equals one hundred feet (l" = 100 1 ). 4. North arrow and date . 5. The proposed name of the subdivision. 6. A vicinity map showing the general location of the sub- ject property. B. Sit~ Details. 1. Location, widths and where appropriate, names of all existing rights-of-way for streets, alleys, bicycle paths or other public ways and al l existing and pro- posed easements, either public or private, for utili- ties, drainage or other purposes, within the area pro- posed for subdivision. 2 . Location of all existing structures within the tract. 3. Layout, numbers and dimensions to the nearest foot of proposed lots and blocks. -13 - C . 4. Flood plain, drainage c hannels, str e a m channels, ir- rigation ditches, other bodies of wa ter and any other s ignificant nat u ral features within the tract . 5 . Exist ing and proposed sewers, utility mains , culv erts or other underground str uctures within the area pro- posed for subdivision. Ad dit i onal i n formation. At any time after submission of the Mi no r Subdiv i sion Preliminary Sketch, the Di r ector may re- quire the submission of such further and additional informa- t i on as may aid in ths consideration of the Minor Subdivi- sio n Preliminary Sketch . 1 0-3-4: REVIEW OF MINOR SUBDIVISION PRELIMINARY SJETCH: A. Upon receipt of 5 copies of the Minor Subdivir,ion Prelimi- nary Sketch, together with the required fees, the Director a nd the Planning Division Staff shall review t h e sketch. B. Upon completion of considerat ion of the Mi no r ~-Jbdivision Preliminary Sketch, the Director may approve thd sketch in concept and permi t Minor Subdivision Final Plat submittal, ma y state the -~ondi tions or changes required f or approval, or may disapprove it. After completion of consideration of the Minor Subdivi- sion Preliminary Sketch and determination of whether any of the furthe= conditions or requirements should be imposed, the Director shall present to the applicant a written state1nent which shall state to the · applicant whether the Director has unconditionally a?proved, con- ditionally approved or disapproved the preliminary s k etch for final plat submittal . In the event that the Director conditiona'.ly approves the Minor Subdivision Preliminary Sketch, this written statement shall set forth the conditions and requirements to be met by the applicant and the reasons for the impoYition thereof. In the event of a disapproval of the Minor Subdivision Preliminary Sketch, the written statement of the Direc- tor shall set forth the reasons therefor, and the ap- plicant may appeal to the City Planning and Zoning Commission . 10-3-5: MINOR SUBDIVISION FINAL PLAT: Upon receipt by the ap- I p licant of the Director's written statement, the applicant shall, I within a reasonable poriod of time thereafter, submit to the Di- rector the Minor Subdivision Final Pl a t, together with such ac- c ompanying papers and documents as may be required. The final plat shall reflect the Minor Subdivision Preliminary Sketch a;a previously approved by the Director, and shall contain not less than the following information: A. The name or other designation of the Minor Subdivision and the legal descrirtion of the land contained therein. -14 - I I B. A notarized certiricatio n and dedication executed by the owner or owners . c . D. A certif icate exocu ted by a registered land surveyor cer- tifying that the Minor Subdivision Final Plat represents a survey made by him, that any monuments ~hown thereon actual- ly exist at the locations indicated and that all d i mensions a nd other det ai ls are correct. True bearings and distances to the neares~ established street lines or official monuments shall be a~curately described on the plat; municipal, township, county or sec- tion lines shall be accurately related to the lines of the Mi nor Subdivision by distances and bearings, E. The boundary : ines of the area proposed to be 1,ubdiv ided with accurate a r g;es, bearings and distances and the width s of all pre~antl,' existing or dedicated s treets intersect.in\' the bou.1 da · of the tract. All dimensions reflected thereon must have ,e n determined by accurate field survey which must balar,c-, a d close within lim it of one in ten thousand (10,000). F. All lot lines and other property lin;:,s with accu1:ate dimen- sions in feet and hundredths of a foot with bearings of an- gles to street and alley lines. Lot dimensions shall c lose to one in ten thousand (10,000). G. Location, widths and whe ,.e •,pr, ,;i riate, names of all ,axist- ing rights-of-way for -~t ·ee t.<, alleys, bicycle paths or other public ways and al : e,:!.ut ing and proposed easements, either public or private, fo ·c utilities, drainage ':' other purposes, within the area proposed for subdivision and at least one hundred feet (100') immediately adjacent thereto. H. Flood plain, drainage channels, stream channels, irrigation ditches, and any other significant natural features within the tract, and at l east one hundred feet (100') immediately adjacent thereto. I. Existing and proposed sewers, utility mains, culverts or other underground structures within the area proposed for subdlvision and within at least one hundred feet (100') from the boundary lines thereof. J. Names and addresses of all p e rsons, corporations or other entities having any interest , legal or equitable, in the property proposed to be divided and the names and addresses and signatures of the subdivider and Colorado licensed and registered land surveyor who prepared the preliminary design . K. Space for notation of action of the Director and date there- of and signatures of the Director and Di ~ector of Engineer- ing Services. -15 - J r: ·J-6: ADDI1'I Q''AL DOCUMENTS TO ACCOMPANY MINOR SUBDIVISION · !AL PLAT: At -e time that the appl icant s ubmits the pr opo sed Mi 11or Sub divi s 1 . final Plat , it shall be accompanied by the fol- lowing documenL•, 1f the same have not previously been prov ided : A. A certif icate signed by the s urveyor or engineer responsible f or the inst al lat i on that, prior to the submi ssion of the Minor Subdivision Fina l Plat, iron pin monuments one-half i nch ( './2") in diameter and not less than thirty inches (JO ") 1n length have been set in concrete, with a durable cap oearing the Colorado Registration Numbe r of the La nd Surve yor respons ible for the establi shme nt of said monum ent , and located i n the area set forth on the final plat at the following l~cations : 1. At ail intersections of side lines of streets and al- e ys with the boundary lines of the proposed ubdivioion . 2. rhese monuments shall be set not more than fourteen hundred feet apart along any straight boundary line, at all angle points , a t the beginning, end and points of change of direct i on or change :,f radius of any curved u oundaries defined by circular arcs, and at the beg i n- ning and encl of ar.v spiral curve. J. At the points o f curvature and poi nts of tangency of s tree ts, alleys or bou~da ry l ines of the proposed sub- division where there is a change of direct i on, curva- ture or intersection of such lines . 4 . At all block corners . B. A statement that service is available to this site from each public utility providing services to the area. C. A treasurer's certificate, issued by the Treasurer of the County of Arapahoe, duly certifying that there are no cer- tificates of sale or tax deeds issued by his office and that all current general and ad valorem taxes and spec ial assess- ments are paid for the area covered by the Min o r Subdivision Final Plat. D. A title insurance policy, o r a commitment therefor or a ti- tle opinion issued and signed by an attorney duly licensed to practice in the St~te of Colorado, showing the legal and equitable state of the title to the area involved, any of which shall have been issued wit~in thirty (JO) days prior to the date of submission of the Mi nor Subdivision Final Plat. Should there be a previously recorded deed or other document creating restrictions , l i mi tations or conditions upon the use of the area, or any pa rt thereof, a copy of the same shall accompany the policy, commitment or title opinion. -16 - I I E. Any other record o f document r~qu ired to be submitted by any other provision of t hese Min or subd ivision regulations. 10-3 -7 REVIEW OF MINOR SUBDIVISION FINAL PLAT : A. Upon receipt of the Minor Subdivision Fina l Plat, toget her with the required fees, the Direc tor and Planning Division Staff shall submit one or more prints of the Min or Subdivi- sion Fina l Plat to e a c ~, of the following for t heir r ecomme n- dations in conne ction therewith: l. The Department of Public Works. 2 . The Department of Utilities. 3 . The Department of Parks and Recreation. 4. The Department of Engineering Services. 5. The Fire Department . 6. Ur ban Drainage a nd Flood Control . 7. All i nte rested gas, electric , telephone and other utility c omp anie s. 8. The Co lorado State Highway Department, if the r ealty borders a State or Federal Highway . Said agencies of the City, together with all private agen- cies as may wish to be represented, shall discuss the pre- liminary design at a Technical Review Meeting held within 15 days of the receipt of the Minor Subdivision Final Plat. 10-3-8: APPROVING THB MINOR SUBDIVISION FINAL PLATI A. Upon subm ission to the Director of a Minor Subdivision r•inal Plat meeting the requirements and conditions of these ninor subdivision regulations, the Director shall approve, condi- tionally approve or disapprove a Minor Subdivision Final Plat within twenty (20) days after receiving the Minor Sub- division Final Plat. The basis for the Director's condi- tional approval or disapproval of a Minor Subdivision Final Plat shall be stated in writing. B. The Director's approval of any Minor S•>'idivision Final Plat s h all be in writing and the Minor Subdivision Final Plat, together with the Director's approval thereof, the due ex- ecution of all certif i cates appearing upon the same, the fi nal plat and all other required documente shall be rec o rd- ed with the Clerk and Recorder of the County of Arapahoe by the City Clerk, the expense of which shall be borne by the applicant and which shall be paid prior to the recording thereof. No a pproval of any Minor Subdivision Final Plat shall be effective until the same is r e corded. -17 - 1 0 -3 -9 : FEES: The applicant shall pay fee s as dete rmi ned by City Council to part i ally defray the expen ses attendant upon the Commis sion• s consideration of th e app l ication. A schedule of fees is on file wi th the Planning Divi sion of Communi ty Developme nt . CHAPTER 4 DESIGN STANDARDS SECTIO N: 10 -4 -1: 10 -4-2: 10 -4-3: 10 -4 4: ]0-4-4-1 : 1 0-4-4 -2: 10-4-4-3 : 10-4-4 -4 : ]0-4-5 : 10-4-6 : 10-4-7: 10-4-8: 10-4 -9: 10-4-10 : 10 -4 -11 : Plan ni ng Principles Reserve Strips Ra ilroad Ri ghts-o f-Way street system Stree t Grades Street Intersection s and Curves cul-De-Sacs Temporarily Dead-Ended Streets Sidewalks Wi dths of Public Ways Curbs Blocks Lot Specifications Public Space Allocations Easements 10 -4-1: PLANNING PRINCIPLES: A. B. In giving consid0ration to any subdivision plat submitted to it in accordance wi th the prov i sions of these subdivision regulat i ons, the Commission &ti.i ll approve, conditionally approve or disapprove the same, •~y!.!·,g due regard to the purposes which these subdivis ion regu lations seek to accom- plish . It shall consider any proposed subdivision plan in connection with the City Comprehensive Plan, including the Master Street Plan, t he Storm Drainage Plan and the Com- prehensive Zoning Ordinance, and will take into consider- ation the general requirements of th1· community, the par- ticular requirements of the neighbor! JO d , the topography of the area, and the best use of the ; ~.1d to be subdivided. Pdrticula r attention will be given to the need in the neigh- borhood for park3 , playgrounds, school sites, public build- ing sites, principal roads, the adequacy of street connec- tions a nd the suitaoility of the land for development. The provisions cont~·.ined in this Chapter are general guide- lines and standards for preparation of preliminary and final plats. Whenever the tract to be subdivided is of such un- usual size or shape, or is surrounded by such development or conditions that the strict application of the provisions of these sections may result i n substantial hardship, the Com- mission may vary or modify such standard to the end that the -18 - I I I subdivi sion may be developed consistent with the public we - fare and safety as approved by the Director o r Engineering Serv i ces. 10-4-2 : RESERVE STRIPS: No reserve s trips controlling access to public ways shall be permitted except when t he control and disposition of land compr hing such strip or strips are placed with i n t h e jurisdict ion of t he Ci ty unde r cor di tion s specified by the Co mmission and attached to t h e plat . 10 -4-3: RAILROAD RI GH TS-OF-WAY: Wher e a subdiv ision is adja- cent to or adjoins a railroad right-of-way, p r ov ision of space fo r grade separat ,,ns, bu ffer strips and other protective treat- me nt s hall be mad e to t he extent and type as shall be determ i ned by the Director uf Public Work s and the Directo1 of Engineering services i n c oordi n a tion with the railroad. 1 0-4-4 STR EET SYSTEM: A. The street system wit '1i n the proposed subdivi s ion Ch all be planned for the most . vantageous devel opm e nts of the ent ire neighborhood area and s hould conform i n genera l al i gnment to the Maste r street Plan. B. Whenever a t ra ct to be· subdivided embraces any part of a freeway , a . ceria l, collector or local street so designated on t ,·e r. • ,t e r s ·creet Plan, such part of such pub l ic way s hal l b • d",Hcated by the subdiv ider i n t he location and a1 the wid t h i nd i cated on the plan. C . The proposed street layout should provide for the con tinua - t i on or projection of e xisting streets in the surrounding area unless the commissio n deems such extension u~desirable ror specific reasons of topography or design . Wherever pos- sible, street jogs should be avoided. D. The layout and design shall provi d e for the future projec- tion of the principal streets into a d j oin i ng unsubdivided lands and sha ll be designed to perm i t the continuat ion of through utility rights-of-way or e a sements. E. There shall be a min i mum numbet· of intersections of local streets with freeways, arterial and collector streets. F . Half Streets: Whenev er there exist s a dedicated or platted half street or alley ad j oining or a h utting the tract to be subdivide d, the other half of the s treet or alley s hall be platted or dedicated . 10 -4-4-1: STREET GRADES: A. Unless otherwise determined by the Director of Engineering Services, street grades shall conform in general with the terrain and should not be less t han three-tenths of one per- cent (. 3\) nor n1 ore than six percent (6%) for arterial and collector Etreets, and not less than three-tenths of one -19 - percent (. 3%) nor mo re than ten percent ( 10\ for local streets and cul -de-sacs. B. Minimal grades are preferred from fift,· fe et (SO ') to one hundred feet ( 100') away from an intersec tion, but in no case shall grades exceed f our percent (4\) f or a distance less t han on e hundred fe et (100') from all i nters ecti ons. c. All changes in street g rades shall be connected by vertical curves of a minimum length of one hundred feet (100'), 10-4-4-2: STREETS INTERSECTIONS AND CURVES: A. I nte rsect ions. gles or nearly intersection divergence. Street i ntersections s ha l~ be '\t right an- s o and no po i nt on a c urve ,,. n l l be i n the unl ess unusual circumst,rn ces dictate B. Radii of curvature. The minimum radii of cu rvature of streets, on center l i nes , shall be approved C\' ~h e Fire De- partme nt a nd shall be: 1. Freeways --shall be specifical!y designated. 2 . Arte rial streets --400 feet. 3 . Collector street s --3 00 feet. 4. Local streets --200 feet. 5. Cul-de-sacs --150 feet. C. Reverse Curves. Betwe e n reverse curves on all streets there shall be a tangent at least one hundred feet (100') long. 10-4 -4-3 : CUL-DE-SACS: The overall leng th of a cul-de-sac or "dead end " street should not exceed three hundred feet (300') and s hall be designe d with a turnaround of not less than ninety (90 1 ) i n d iameter of right-of-way at the closed end and with curb di- ameter of not less than seventy feet (70') unless otherwise d ntc rniined by the Fire Department. 10-4-4-4: TEMPORARILY DE~D-ENO ED STREETS: Streets which are stub stroe ts designed to provide f uture connections with unsubdivided a rea s adjoining ~ust provide a temporary turnaround at the stub e nd of the same specification as requi r ed in Section 10-4-4-3 . 10-4-5 : 10-4 -6: SIDEWALKS: All side walks shall be located as required by the Director of Engineering Services, whose designa- tions as to the setbacks shall b e based upon the public safety and convenience. WIDTHS OF PUBLIC WAYS: -20 - I I I A. Rights-of -Wa y. Except in cases where the Master Street Plan specifies a greater or lesser width as a minimum , the minimum righ ts-of-way s h all be: Freeways Comme rcial and i ndust rial streets Arterial streets Lo c al streets Alleys in mult i-family, commercial and industrial districts Alleys i n all other res idential districts Cul-de-Sacs Easements, except as prov ided i n Section 10-4-12 Shall be specifically designated 60 feet 60 feet 50 feet 20 feet 16 feet 90 feet in diameter 16 fee t B. Roadw ays. Except in cases where the Master S.t reet Plan specif i es a g reater or :esser width as a minimum, the mini- mum roadways shall be: Freeways Arterial streets Commercial and industr ial streets Major and Mino r collector streets Loca l streets Cul -de-sa cs C. Alleys . Alleys in commercial a nd i ndustrial districts Alleys in residential districts D. Sidew alks, Minimum Width of: Sidewalks, residential: combination and separate Sidewalks, commercia l and industrial Shall be specifically d esignated 44 fe e t 44 feet 44 feet 36 feet 36 feet roadway width 20 feet 16 feet 4 feet 5 feet 10-4-7: CURBS: curb radii shall be not less than fifteen feet (15') unless unusual circumstances dictate such diver- gence, but propert y lines shall not follow these curb radii unless necessary . 10-4-8: BLOCKS: A. Lengths. Blocks shall not exceed one thousand two hundred sixty feet {l ,260') in length . B. l1 11 u Etrial, Commercial or Multi-Family Residentia l Uses. Bloc.,.s intended wholly or p a rtially for industrial , commer- cial or multi-family residential uses shall be designed specifically for such purposes with adequate space set aside -21 - for off-stree t parking and loading purposes, as required by the Zon i ng ordinance, or any amendments thereto. 10-4-9 : LOT SPECIFICATIONS: A. D. Vary ing dimens ions of lots are recomm e nded, but the minimum d i mensions of lots f o r residential use shall be in accor- d a nc e with the Comprehensive Zon i ng Ord i na nc e, or any amend- me nts the reto. Eac h lot s hall abut a de di c ated street. c. Side lines of lots shall be approximately at r ight angl e s or r ad ial to the street line. D. The shape of lots and their orientati on shall be appropr i ,,te to til e loc ation of the proposed subd iv is i on a nd to the type o f .l evelopment contemplated . E. Doubl e frontage lots in single-f amily residential districts, oth e r th a n corner lots, will be permitted only under u nusual c onditions. F. Wh e re a new suudivision, or any lot, block or parcel there- in, fronts on an existing or proposed arterial or freeway, as de f i ned herein, suitable acce ss shall be provided there .:::, 10-4-10: PUBLIC SPACE ALLOCATIONS: A. Where an area is to be develope d or subdivided, open spaces suit.ably located and of adequate size for parks, playgrounds and recreational purposes within such area may be required to reduce impact on neighboring facilities or if similar facilities do not exist in the area. Said spaces shall be dedicated for the common use of the public or be established by covenants or other conditions in deed or deeds for the use of the public. B. C. Property set aside fnr the exclusive use of the residents of the subdivision shall be designated on the final plat. The subdivider shall provide information concerning the method of ownership, management, development and maintenance to control such land ancl shall, at time of filing of final plat, submit such add.tional documents or records as may be required by the Commission, specifying the methods of con- trol envisioned. outstanding natural and cul • u ral features such as scenic spots, watercourses and historic sites shall be reserved for public use insofar as possible. 1 0 -4-11: EASEMENTS: A. To afford the proper installation, extension and enlargement of public and private, overhead or underground utility -22 - I I I B. 1 ines, rights-of-way or easements not smaller than sixteon fe et (16') wide, (eight feet [B'] on each side of rear or side property lines) together wi th the right of ingress thereto and egress therefrom, shall be pr0vided. Easements through a parc el and along the edge o .' on e parcel only, s hal l, l ikewise , be a min i mum o f s ixtce ~ feet (16'). For lots facing upon c urvil i near streets, t he r ~a r easement lino s ha ll consist of a series o f tangents with~ mi n imum nu ru er of points of defle ction . Where poss ible and to provide for guy structures or other attachments, with a minim um inter- ference with land use, p oi nts of deflection s ha ll coincide with side l ot lines on the side of the exterior angle. In c ertai n instances easements of limited width and length to provic.e for guy structures should be prov ided. Where ne ces- s .~y to coordinate service needs a nd to provide feed-th rough facilities b et.11,:,;11 ~d join i ng developme nts, s uch needs shoulct be indi c ated on the pl an. Whenever any stream, irrigatio n ditch or other watercourse is located in a s u bdivision, the su bdivider , at ~is expense, s hall provide a nd reserve easements a l o ng • ,ch streams, d itches and wate r c ourses in such width s as approved by the Director of Engi nee ring Services for the purpose of widen- ing, improving , protecting and maintaining same and for d ra i nage and rec reational purposes . The subdivider shall submit any data, incl uding plats of profiles and contours, designs, calculations, etc., which may assist the Director of Engineering Services in the preparati on of any statement required of him regarding drainage conditions in the pro- posed subdivision and any drainage facilities proposed by the subdivider to s erve the subdivi sion. CHAPTER 5 BOUNDARY LINE ADJUSTMENTS 10-5 -1: AGR EEME NT . Any line or disputed corner or boundary may be determined and perman ently established by written agreement of all parties thereby affected. (State Law Refer ence -Agreements Section 34-44-112 C.R.S.) 10-5 -2 : PROCEDURE. The agreement described in Section 10-5 -1 s hall be signed and acknowledged by each as required for con- veya nces of real estat e, clearly designating the same, and accom- pan ied by a map or plat thereof which shall be r ecorded with the Clerk and Recorder of Arapahoe County as an instrument affecting real estate, and shall be binding upon the heirs, successors, and assigns. A copy of the agreement or accompanying map or plat should be submitted to the City of Englewood for purpose of up- dating City maps. (State Law Reference -Agreements Section 34- 44-112 C.R.S .) 10-5 -3: EXCEPTION. The procedure for boundary line adjustments sha ll not be used to create an additional pa rce l of land. -23 - I I Int nxtucccl , r .,d 11 1 ful I, ,incl flc1SSC'd o n fj rst n ... ad.inq on the 17th ckiy Il l <\11rn1s t , I 1)U7. 1'11h l i sh0d ,,:~ .i IHI l f o r-,,n Orrlin,1ncc on Lhe l~Lh d.ay of /\uqust , 19H 7 . 11:0.id by t I le-,uKI r.1 ssl~c'. l)ll finu l r c .:1ctinq nn l111 • Hth day of Scptai~:>er 1 l'uh li shrcl hv Lilll-,,s onhn,111('0 I-lo .If}_, S<'i-i Cf· ,,r 1907, on the 9tl1 c1,y ri f :;,•pt('mbr ,-, JlH.J7 . 1, Pc1trici a 11. Cr o,,, City Clerk o( the City o ( 1·:ng l ewood , Co loracb , hcn•b y CPr L ify that the rux,vc anrt (orcqoing i s A true copy of an _9rdinancc 1x.1ssed on fin,,J r c .icli1q ,ind publi.shr>d by tit l e ,:1 s Ordinanc -No . !f...L, Seri s of 19 87. · 1 ~ l -ti«>,( # {,,-<{ 'r Patric 1a 11. Craw