Westminster City Zoning Code

The following objectives are sought in providing for the planned development:

The fact that an application complies with all specific requirements and purposes set forth herein shall not be deemed to create a presumption that the application is, in fact, compatible with surrounding land uses and, in itself, shall not be sufficient to require the granting of any application.

Accessory uses and buildings customarily incidental to any permitted use in this section.

Agriculture, as limited in § 164-24C of this chapter.

Day-care facilities for not more than six children or elderly persons.

Multiple-family dwellings up to three stories in height.

Places of public assembly, recreational buildings and accessory buildings, if included in an approved development plan wherein it has been deemed that they are advantageous for the purpose of serving the planned unit development and the local community.

Single-family attached dwellings.

Single-family detached dwellings.

Single-family semidetached dwellings.

Retirement homes, if included in the approved development plan, and provided that they are adequately located near necessary convenient services. The Commission may evaluate each retirement home unit as 1/2 of a dwelling unit in the calculation of the total density where the applicant can adequately demonstrate that such units require fewer services per unit than an ordinary residential dwelling unit.

All uses listed in § 164-30.

Multiple-family dwellings four stories in height and subject to all other pertinent provisions of this chapter.

Sites eligible for consideration as a Planned Development - 4 Zone shall be for a tract of land of at least two acres and not more than 50 acres in size, classified in the R-10,000 Zone or the R-7,500 Zone prior to reclassification to the PD-4 Zone.

Density.

Lot area, lot width and yard requirements.

Twenty percent of the net project area shall be dedicated and deeded without charge to the City for common open space. The City may waive the right to such dedication to it and instead may require the open space areas be deeded to, improved, operated and maintained by a property owners' association consisting of the residents of a PD-4 Zone project. Land designated for this purpose shall be deeded to the property owners' association or to the City, and recording references to the Articles of Incorporation with respect to such property owners' association or to the City shall be noted in the final plat prior to recording. The City Attorney shall review, at the applicant's cost, and approve any covenants relating to ownership and maintenance of such lands prior to recording of the final plat.

When the required open space is deemed by the Planning Commission to be inappropriate for the planned development based upon the size of the development or other factors unique to the proposed development, the dedication required by Subsection A above may be waived, and the applicant/developer shall pay, in lieu of a dedication, a fee as provided in the General Fee Ordinance[1] in lieu of the actual establishment of land areas for recreational purposes. Such payments shall be held in escrow and used by the City for the purposes of acquiring, developing and maintaining open space land in the general area of the PD-4 Zone project and shall be used for this, and no other, purpose.

In determining the type and location of common open space, the Commission, in consultation with the City Parks Board, shall review the area's needs for parks and recreational sites in the area. Open space required in a PD-4 Zone project shall have access to a street by a fee simple right-of-way or easement and be located so as to be reasonably accessible from all dwellings within the PD-4 Zone project. In all instances, a minimum of 50% of the recreational land shall be suitable for dry-ground active recreational uses.

Where the land is to be or had been adversely affected by development operations such as clearing, grading or drainage, or a combination thereof, a construction plan for a suitable recreational site shall be approved by the Planning Director and such other appropriate governmental agencies as determined by said Director. Changes or improvements to a construction plan shall be in accordance with the standards of the above agencies and approved by them.

In addition to the minimum required open space, the applicant/developer may offer additional contiguous open space such as floodplains, steep slopes and wooded areas to the City for parkland. At its discretion, the City can accept or reject this additional land.

The approval by the Commission of a final subdivision plat shall not be deemed to constitute or imply acceptance of the City of any park, recreation or other public land shown on the plat until such land is improved as contained in the development plan and site plan of the PD-4 Zone project and deeded.

In order to assist in accomplishing such compatibility, the following requirements shall apply where a PD-4 Zone project adjoins an existing single-family detached dwelling neighborhood or land classified in the R-10,000 or R-7,500 Zones, but compliance with these requirements shall not in and of itself be deemed to create a presumption of compatibility.

The Planning Commission shall have the discretion to increase or decrease the strict application of the requirements contained in Subsection A(1) and (2) hereof in instances in which the adjoining property or properties will not be adversely affected by such increase or decrease.

An application for zonal classification in the Planned Development - 4 Zone shall be accompanied by a development plan prepared in accordance with the provisions of § 164-188 of this chapter.

In addition to all other standards and criteria, in considering an application for the Planned Development - 4 Zone, the Common Council shall also consider the present or potential adequacy of schools, the capability of the street or road system, highway and road access, the availability and capability of existing water and sewage systems and the availability and capability of all other public facilities.

All PD-4 Zone projects shall be subject to site plan approval as provided in Article XXV.