Westminster City Zoning Code
ARTICLE XIV
PD-9 Planned Development - 9 Zone
§ 164-88 Purpose.
It is the purpose of the PD-9 Planned Development - 9 Zone to provide suitable sites for multifamily projects and more diverse types of residential structures than would normally occur around the business district of the City. In addition, this district is intended to permit the optimum amount of freedom and variety in the design and layout of higher-density residential areas.
A.
The following objectives are sought in providing for the one or more types of residential dwellings in a planned development:
(1)
To provide a more attractive and varied living environment than would be possible through the strict application of residential Euclidean zonal district requirements.
(2)
To encourage developers to use a more creative approach in the development of land.
(3)
To encourage more efficient allocation and maintenance of common open space in residential areas through private initiative.
(4)
To encourage variety in the physical development patterns of residential areas which are conducive to accommodating such development.
B.
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.
§ 164-89 Uses permitted.
The following uses are permitted in the Planned Development - 9 Zone:
A.
Accessory uses and buildings customarily incidental to any permitted use in this section.
C.
Day-care facilities for not more than six children or elderly persons.
D.
Home occupations.
E.
Multiple-family dwellings.
F.
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 development.
G.
Single-family attached dwellings.
H.
Single-family detached dwellings.
I.
Single-family semidetached dwellings.
J.
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.
§ 164-90 Special exceptions.
§ 164-91 Dimensional requirements.
A.
Area requirements. A site eligible for consideration as a Planned Development - 9 Zone shall consist of a tract of land not exceeding 10 acres in size, including particularly vacant tracts of land on which any existing building or buildings are sufficiently obsolete and are not of significant historic or architectural value so as to warrant replacement and redevelopment and classified in the R-7,500 Zone prior to reclassification to the PD-9 Zone.
B.
Density.
(1)
Residential density shall be approved generally on the capabilities of the existing and/or planned utilities and such other standards and requirements as enumerated in this chapter, but in no case shall density exceed nine dwelling units per net acre.
(2)
Calculation of net acreage shall include all land within the planned development, except floodplain areas and slopes in excess of 25%.
C.
Lot area, lot width and yard requirements.
(1)
The following minimum per unit requirements shall apply:
Dwelling Type | Lot Width at Building Line (feet) | Front Yard (feet) | Side Yard (feet) | Rear Yard (feet) | |
|---|---|---|---|---|---|
Single-family detached | 60 | 20 | 8 | 25 | |
Single-family semidetached | 35 | 20 | 8 | 25 | |
Single-family attached | 18 | 20 | 15 | 40 | |
Multiple-family | 70 | 20 | 15 | 40 |
(2)
Single-family attached and multiple-family dwellings must have a common access or easement to the front and rear of the lot from a public right-of-way.
(3)
There shall not be more than six single-family attached dwellings in any one attached row. In any one row of single-family attached dwellings there shall be no more than three continuous single-family attached dwellings with the same building line, and the variations in building line must be at least two feet.
(4)
A maximum of 12 multifamily dwellings shall be contained in one building structure. Building structures containing multiple-family dwellings may be attached to each other, but not more than three such structures may be connected in a group.
(5)
Single-family detached dwellings, in all events, shall be on lots with a minimum lot area of 6,000 square feet.
§ 164-92 Building height.
Maximum principal building height shall not exceed three stories or 40 feet in height. No accessory structure shall exceed two stories or 20 feet in height.
§ 164-93 Open space.
In order that open space and sites for public use may be properly located and preserved as the community develops and in order that the cost of providing the open space and recreation sites necessary to serve the additional families brought into the community by residential developments may be most equitably apportioned on the basis of the additional need created by residential development, the following provisions are established:
A.
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-9 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 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.
B.
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, 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 and developing and maintaining open space land in the general area of the PD-9 Zone project and shall be used for this, and no other, purpose.
[Amended 11-24-2008 by Ord. No. 792]
C.
In determining the type and location of common open space, the Common Council shall review the area's needs for parks and recreational sites in the area. Open space land required in a PD-9 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-9 Zone project. In all instances, a minimum of 50% of the recreational land shall be suitable for dry-ground active recreational uses.
D.
Where the land is to be or has 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.
[Amended 1-28-2008 by Ord. No. 774]
E.
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.
F.
The approval by the Commission of a final subdivision plat shall not be deemed to constitute or imply acceptance by 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-9 Zone project and deeded.
§ 164-94 Off-street parking.
Off-street parking shall be provided in accordance with Article XVI of this chapter.
§ 164-95 Signs.
Signs shall be permitted subject to the provisions of Article XVII of this chapter.
§ 164-96 Dedication of land.
Such land as may be required for public streets, parks, schools and other public uses shall be dedicated in accordance with the requirements of the laws of the City and the adopted general plan and Master Plans and other plans as may be applicable. The lands to be dedicated shall be so identified upon development plans and site plans required under the provisions of this chapter and any other laws of the City.
§ 164-97 Compatibility.
All uses permitted and special exceptions shall achieve the purposes set forth in § 164-88 and be compatible with the other uses proposed for the planned development and with the other uses existing or proposed adjacent to and in the vicinity of the area covered by the proposed planned development.
A.
In order to assist in accomplishing such compatibility, the following requirements shall apply where a PD-9 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.
(1)
No building, other than a single-family detached dwelling, shall be constructed within 100 feet of the nearest existing dwelling; and
(2)
All single-family detached dwellings constructed within 100 feet of the nearest existing dwelling shall comply with the minimum development standards of the zonal classifications of the adjoining land.
§ 164-98 Procedure.
A.
An application for zonal classification in the PD-9 Zone shall be accompanied by a development plan prepared in accordance with the provisions of § 164-188 of this chapter.
B.
In addition to all other standards and criteria in considering an application for the PD-9 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 and the availability, capability of existing water and sewage systems and the availability and capability of all other public facilities.