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3. Growth Management Program

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CHAPTER 3
GROWTH MANAGEMENT PROGRAM FOR THE PERIOD
JANUARY 1, 2011 THROUGH DECEMBER 31, 2020

11-3-1: FINDINGS
11-3-2: DEFINITIONS
11-3-3: CONDITIONS FOR BUILDING PERMIT ISSUANCE
11-3-4: CATEGORIES OF AWARD
11-3-5: ALLOCATION AND ISSUANCE OF SERVICE COMMITMENTS
11-3-6: TRANSFER OF REMAINING SERVICE COMMITMENTS
11-3-7: PERIOD OF AWARD FOR NON-RESIDENTIAL SERVICE COMMITMENTS
11-3-8: MANDATORY IN HOUSE WATER CONSERVATION
11-3-9: COMPETITIVE RANKINGS
11-3-10: NO VESTED RIGHTS
11-3-11: EFFECTIVE DATE 

11-3-1:  FINDINGS:  (2534 2848 3561)  The City Council of the City finds that there is substantial evidence that the municipal services, which relate to the quality of the environment, fiscal soundness, carrying capacities of the utility and transportation systems and other related elements which affect residents of the City, will be negatively impacted by an excessive rate of growth within the City if prudent growth management practices are not administered by the City which take into account the following elements:

(A) The amount of new raw water which can realistically be acquired and be treated;

(B) The amount of existing raw water supply presently available from all sources which can safely be used for new growth without imperiling the City's ability to serve water to the existing Westminster water system consumers;

(C) The ability of the City to continue the balance between growth rate and consumer demands through orderly and cost effective expansion of the utility systems;

(D) The ability of the City to continue the balance between growth rate and the expansion of transportation systems, fire protection services, police services, park and recreation services and other related City services;

(E) The service capacities which the City can develop while conforming with requirements imposed by other governmental entities with jurisdiction over programs affecting the City including, but not limited to, environmental regulatory agencies; and

(F) The demand of a given proposed land use on the City's utility system compared to other land uses.

The City Council further finds that, although the City has implemented water conservation techniques and programs within the City, has entered into a water reuse program, and has taken other steps to maximize the efficient use of the resources available to the City, because of the elements set forth in subparagraphs (A) through (F) above, it is essential for the preservation of the health, safety and welfare of the citizens of Westminster that the City maintain and modify, from time to time, a growth management program which balances growth and the ability of the City to effectively and safely absorb and serve such growth.  The City Council further finds that, in order for the City and for developers, landowners and individual residents of the City to plan effectively, the City can and should adopt a growth management program commencing December 11, 2000, and continuing through December 31, 2020.

11-3-2:  DEFINITIONS:  (2534 2571 2651 2714 2735 2975 3091 3561 3634 3664)  The following words, terms, and phrases, when used in this Chapter, shall have the following meaning, unless the context clearly indicaes otherwise:

“Active Residential Development” shall mean a residential development with an approved Official Development Plan that has not exceeded the duration limitations in Section 11-5-17, W.M.C., and that has service commitments set aside (provided the service commitments have not expired) for the residential area covered by the Official Development Plan. Active Residential Developments include residential projects under construction, build-out, infill, and South Westminster residential projects.

In order to be deemed an Active Residential Development, at least one (1) building permit for a new dwelling unit must be issued within any successive two (2) year period following initial building permit issuance, or an extension is specifically approved by the City Council based upon the following findings: 

    • The need for the extension is the result of some unusual and unforeseeable circumstance beyond the reasonable control of the developer; and 
    • The extension is needed to avoid undue or inequitable hardship that would otherwise result if the extension were not granted, and 
    • There is no reason to believe that the developer will not be able to proceed with the development of the project within the extended time period.


“Attached Senior Housing Unit” shall mean an attached residential dwelling unit within a Senior Housing Development restricted to persons sixty (60) years of age or over, or as may otherwise be determined by Council.

“Build-Out Development” shall mean a proposed residential development that does not meet the active residential definition but does meet all of the following: 

    • There is an existing, City-approved Official Development Plan and plat for the site; and 
    • The proposed land use and density comply with the Comprehensive Land Use Plan; and 
    • The project is located on land where at least fifty percent (50%) of the housing units within the Official Development Plan have received
    a certificate of occupancy or at least fifty percent (50%) of the required public improvements, as determined by the City Engineer, have been 
    accepted as complete; and 
    • Existing public improvements (water lines, sewer lines, streets, etc.) are adjacent to the site; and 
    • The undeveloped site for the proposed development does not exceed ten (10) acres; and 
    • The project will meet or exceed all of the City’s minimum design standards and guidelines; and 
    • The project will offer incentive items detailed within the City’s competition guidelines and will, at a minimum, meet the lowest score of
    the project(s) awarded service commitments for the most recent residential competition for that project type. The project may offer different
    incentive items than those chosen by the comparable project, but the total of incentive points offered must meet or exceed the score
    of the comparable project.

An Official Development Plan (ODP) amendment (bringing the project into compliance with City Design Guidelines) and plat must be submitted for review and are subject to City Manager approval. If the project is unable to meet all of the minimum and incentive design requirements and all other ODP requirements, the project will be subject to Planning Commission review and approval or denial.

“Custom Residence” shall mean a single-family detached residence which has interior plans and exterior elevations which are unique as compared to the other single-family residences within the same subdivision as determined by the Chief Building Official.

“Custom Residential Development” shall mean a single-family detached residential development consisting exclusively of custom residences.

“Infill Residence” shall mean a custom residence which is not part of an active residential development and which is constructed on a vacant site in an area where less than ten percent (10%) of the residential land is vacant.

“Senior Housing Development” shall mean an attached, multiple-unit residential project for persons sixty (60) years of age or older and may include the following types of facilities:

Government-sponsored senior housing and non-profit senior housing: government-sponsored senior housing projects provided by non-profit section 501(c)3 organizations as defined by the Federal government. Said projects must be approved by the City Council. Such projects shall be subject to the provisions contained in section 11-3-8(B). Service requirements for said projects shall be reviewed individually, and service commitments shall be awarded on an individual basis by City Council action at the time of approval of an Official Development Plan.

Non-government sponsored for-profit senior housing: 
    • Skilled nursing facilities: facilities that integrate shelter for the elderly with medical, nursing, psychological and rehabilitation services for
       persons who require 24-hour nursing supervision and care. 
    • Assisted living: shelter and services for frail elderly who are functionally and/or socially impaired and in need of 24-hour supervision. 
       Services must include, as a minimum, environmental security, transportation, housekeeping, social activities, laundry and meals. 
    • Congregate care: shelter for elderly who may need limited assistance but do not need 24-hour supervision. Services must include, as 
       a minimum, environmental security, transportation, housekeeping, social activities, laundry and meals. 
    • Independent living: multi-family housing targeted specifically to seniors who are functionally and socially independent. Services must 
       include, at a minimum, environmental security, transportation, housekeeping and social activities.

A Senior Housing Development does not include single-family detached or single-family attached housing products that have age restrictions.

“Service Commitment” shall mean a unit measure of City service required is determined by the average service provided to one single family detached dwelling unit. Adequacy of a service commitment for a structure shall be determined in accordance with the following schedule: 

        Single-Family Detached Dwelling Unit or Mobile Home Unit         1.0 Service Commitment 
        Single-Family Attached Dwelling Unit                                        0.7 Service Commitment 
        Multi-Family Dwelling Unit                                                        0.5 Service Commitment 
        Attached Senior Housing Unit                                                   0.35 Service Commitment 
        Non-Residential—To be determined on a case-by-case basis, based upon the specific plan presented.

“South Westminster Residential Project” shall mean a residential project located south of 80th Avenue in the City of Westminster that meets all applicable design criteria for such projects.

If a project is able to meet all the criteria above for a South Westminster Residential Project, an ODP and plat must be submitted for review and are subject to City Manager approval. If City staff and the developer are unable to resolve all issues prior to finalizing the ODP, the project shall be subject to Planning Commission approval or denial.

11-3-3:  CONDITIONS FOR BUILDING PERMIT ISSUANCE:  (2534 2848 2975 3561) 

(A) No building permits requiring new utility services shall be issued except in conjunction with a service commitment, adequate to serve the structure to be permitted, duly issued pursuant to the provisions of this Chapter.

(B) Any building permits issued in violation of this Chapter shall be void. Nothing in this Chapter shall alter or affect other requirements of this Code or any other applicable zoning, subdivision or building regulations.

11-3-4:  CATEGORIES OF AWARD:  (2534 2651 2717 2975 3124 3561)  Service commitments shall be allocated by the City Council by resolution for the following categories:

(A) Category A:  Active Residential Developments:

(1) Category A-1:  Active single-family detached residential developments.
(2) Category A-2:  Active single-family attached residential developments having a density of eight (8) or fewer dwelling units per acre.
(3) Category A-3:  Active multi-family residential developments having a density of greater than eight (8) units per acre.
(4) Category A-4:  Active residential developments within traditional mixed-use neighborhood projects.

(B) Category B:  New Residential Developments:

(1) Category B-1:  New-single family detached residential developments.
(2) Category B-2:  New single-family attached residential developments having a density of eight (8) or fewer dwelling units per acre.
(3) Category B-3:  New multi-family residential developments having a density of greater than eight (8) dwelling units per acre.
(4) Category B-4:  New residential developments within traditional mixed-use neighborhood projects.

(C) Category C:  Non-Residential Developments:  City service requirements for non-residential users shall be reviewed individually, and service commitments shall be awarded on an individual basis at the time of approval of an Official Development Plan (ODP).  In order to receive Category C service commitments, the project shall be required to meet the City's Retail Commercial Design Guidelines as determined by resolution of the City Council.  The conservation standards in section 11-3-8(B) shall be mandatory for non-residential uses.  An award may be made by the City Manager for any plan or development which he has the authority and approved through the administrative approval process for ODPs as outlined in Chapter 5 of this Title of the City Code insofar as service commitments are available in this category.

(D) Category D:  Outside City Contracts:  Service commitments shall be allocated to this category in an amount sufficient to service those in areas outside the City which receive water services from the City under contract.

(E) Category E:  Senior Housing:  Both active senior housing and new senior housing development.

(F) Category F:  Contingency and Public Usage:  Usage by the City or other public agencies as approved by the City Council. 

(G) Category L:  Legacy Ridge:  For use by builders of existing and new residential developments within the Westminster Golf Course Community, East and West, Planned Unit Developments.

(1) Category L-1:  Legacy Ridge single-family detached residential developments.
(2) Category L-2:  Legacy Ridge single-family attached residential developments having a density of eight (8) or fewer dwelling units per acre.
(3) Category L-3:  Legacy Ridge multi-family residential developments having a density greater than eight (8) dwelling units per acre.

(H) Category R:  Reclaimed Water:  For irrigation use by projects that connect to the City’s reclaimed water system.

11-3-5:  ALLOCATION AND ISSUANCE OF SERVICE COMMITMENTS: (2534 2571 2651 2714 2717 2735 2853 3214 3561)

(A) City Council shall periodically allocate by resolution a number of service commitments to be available for Category A and B development.

(B) Service commitments for build-out, infill, South Westminster residential and active custom residential developments shall be included as part of the Category A allocation.

(C) A service commitment for any project shall be deemed as issued when a corresponding building permit has been issued by the Building Division.

(D) At the time any building permit is issued for any Category A residential dwelling unit, the following statement must be signed by the recipient:  "Service commitments in Category A are available on a first come, first served basis.  Once the allocation for any given year is exhausted, no other service commitments or building permits will be available.  In any given year there may be fewer service commitments in Category A than necessary to meet the market demands for residential projects."  This standard statement shall also be included on any new or amended Preliminary Development Plan or Official Development Plan or any subdivision plat for residential development.

(E) Any projects eligible to compete for service commitments in Categories B-1, B-2, B-3, B-4 and new senior housing must, at a minimum, comply with the City's adopted Design Guidelines and Regulations.  Nothing herein shall be construed as limiting the City's right to require a development to exceed such baseline standards as a condition to Official Development Plan approval.

(F) Categories B-1, B-2, B-3, B-4 and new senior housing service commitments shall be awarded on a competitive basis in accordance with criteria adopted periodically through resolution of City Council.  City Council shall, by resolution, determine the weight to give to various standards and criteria based on their impact on the City's utility system and the health, safety and welfare of the community.  City Council may establish a minimum number of points to be obtained in the award criteria to be eligible for a Category B or new senior housing service commitment.  Unless an extension is specifically approved by the City Council, a service commitment award for any Category B-1, B-2, B-3, or new senior housing project shall expire as specified on the City Council Service Commitment Award resolution for the project.  Developers of Category B-3 projects may submit a written request for City Staff review and approval to receive Category B-3 service commitments prior to the effective date of award.  Category B-3 service commitments drawn from future year award(s) are subject to an accelerated development surcharge as specified on the service commitment award resolution for the project.

(G) No Official Development Plan, plat or construction drawings for a new Category B or new senior housing project shall be processed by City staff until service commitments have been awarded to the project.

(H) Category E service commitments shall be allocated periodically by City Council Resolution.  Said Resolution shall specify the total Category E allocation and specify any amount of service commitments reserved for new senior housing development.  Service commitments for new senior housing projects shall be awarded on a competitive basis in accordance with criteria adopted periodically through City Council resolutions.  The remainder of the Category E allocation shall be awarded to active senior housing development on a first-come, first-served basis.  New senior housing projects awarded service commitments through a competition receive active senior housing development status following issuance of one or more building permits, subject to the active senior housing definition specifications and service commitment award resolution requirements.

(I) Service commitments shall be allocated periodically by resolution of the City Council based on the criteria set forth in section 11-3-1.  Said resolution shall establish the number and distribution among the categories contained in section 11-3-4.  The distribution among the categories shall take into account any limitations on the City's ability to provide municipal services including, but not limited to, the City's wastewater capacity in the Little Dry Creek basin and the Big Dry Creek basin.  If for any reason City Council fails to make an allocation for any specific category on or before December 31 of the year in which the previous allocation is to expire, the previous year's allocation for such category shall automatically become the new allocation for the following year for that category until such time as City Council determines to make a different allocation.

(J) All service commitments shall be used only in the development for which the commitments were originally granted and are not transferable.

(K) For any non-residential project or development approved administratively by the City Manager in accordance with Chapter 5 of this Title and projects that receive final approval by the Planning Commission, the City Manager may in conjunction therewith authorize the issuance of service commitments for the project or development insofar as service commitments are available in the applicable category.

 (L) In the event any service commitment is allowed to expire under the provisions of this section, no refund shall be made of any building permit fees or tap fees paid to the City as a condition to the issuance of said service commitment.

(M) Allocations to Category R (reclaimed water) will equal the service commitment capacity of the reclaimed water system.  (3214)

11-3-6:  TRANSFER OF REMAINING SERVICE COMMITMENTS:  (2534)  If, at any time, there are applications within a particular category for fewer service commitments than have been allocated to such category, City Council may, by resolution, transfer these service commitments to any other category.

11-3-7:  PERIOD OF AWARD FOR NON-RESIDENTIAL SERVICE COMMITMENTS:  (2534 2651)  All service commitments awarded by City Council for Categories C and D shall be valid for a period of two (2) years from the date of award, unless otherwise specified by City Council resolution. 

11-3-8:  MANDATORY IN HOUSE WATER CONSERVATION:  (2534 3664)  In-house water conservation shall be mandatory for all structures constructed in the City, as follows: 

(A) RESIDENTIAL STANDARDS.  All residential plumbing fixtures shall conform to the most recent version of the City's Plumbing Code. 

(B) NON-RESIDENTIAL USER STANDARDS.  The following conservation standards shall be mandatory for non-residential uses:

(1) All plumbing fixtures shall conform to the most recent version of the City's Plumbing Code.

(2) Car Wash Recycle.  Full water recycling systems shall be mandatory for all commercial car wash facilities hereafter constructed in the City, except for self-service car washes. 

11-3-9:  COMPETITIVE RANKINGS:  (2534 2651 2717)  All commitments made by an applicant and as a condition to the award of Category B-1, B-2, or B-3, B-4, or new senior housing service commitments shall be reflected on all further Preliminary Development Plans and Official Development Plans.  City Council may deny any application and make no award based on a failure to meet the intent and purpose of the award criteria.  The service commitment award is conditional upon City approval of the project and does not guarantee City approval of the project or proposed density.  The City of Westminster shall not be required to approve any Preliminary Development Plan, Official Development Plan, or rezoning action necessary for development of property involved in the service commitment award nor shall any other binding effect be interpreted or construed to occur in the City as a part of the service commitment award.  All projects that do not receive City approval are not entitled to the service commitment awards, and the service commitments shall be returned to the City’s water supply figures.

11-3-10:  NO VESTED RIGHTS:  (2534 2975)  Nothing herein shall create any vested rights to any service commitments allocated pursuant to this Code until such time as the service commitment is issued and the building permit inspection requirements of subsection 11-3-5(C) has been satisfied.  Prior allocations remain subject to subsequent rescission, reduction, or reallocation by Council as they may deem necessary in the public interest. 

11-3-11:  EFFECTIVE DATE(3561)  This Chapter shall be in effect through December 31, 2020. 

 

 

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