REQUEST FOR COUNCIL ACTION

ORDINANCE: O-2002-12

SUBJECT: Ordinance Amendment Case No. OA-01-001

Proposed Zoning Ordinance Amendments adding, clarifying and amending various sections of Article 2: Definitions and Interpretation and Article 9: Parking Requirements.

ADDRESS: City of Lakewood, 480 South Allison Parkway, Lakewood, CO 80226

RECOMMENDATION: Staff recommends approval of this ordinance amendment request. Planning Commission, by a vote of 7-0 at the January 16, 2002 meeting, recommends APPROVAL of this request by the City Council subject to the Findings of Fact and Conclusions as shown in the attached Resolution of the City of Lakewood Planning Commission.

SUMMARY AND BACKGROUND OF SUBJECT MATTER:

Over the past year during the course of implementing the reformatted Zoning Ordinance, the planning division has come across sections of the Zoning Ordinance that should be corrected or modified in order to clarify terms and to facilitate implementation. Staff has determined that there is a need to modify Article 9 of the Zoning Ordinance in order to correct minor conflicts and clarify certain issues. In addition, some changes are proposed in order to preclude different interpretations of the Ordinance. At the public hearing, Planning Commission requested that the language pertaining to section 17-9-5(1) be modified slightly. Staff has amended Article 9 to reflect this discussion and has received verbal approval from members of the Planning Commission. The changes are reflected in the attached Article 9.

As a result of amending Article 9 of the Zoning Ordinance, it was brought to Staff’s attention that Article 2: Definitions and Interpretation would need to be amended to coincide with the changes made to Article 9. Staff has amended Article 2 and the changes are attached.

DATE OF FIRST READING: April 8, 2002

DATE OF SECOND READING: April 22, 2002

ORIGINATED BY: Chad Minor, Project Manager

STAFF PERSON RESPONSIBLE: Vincent Harris,

Manager of Development Review 303-987-7516

Chad Minor, Planner II 303-987-7737

Susan Piercy, Senior Planner 303-987-7512

DOCUMENTS ATTACHED:

Ordinance O-2002-12

Planning Commission Staff Report

Planning Commission Resolution from January 16, 2002 meeting

Minutes of the Planning Commission meeting of January 16, 2002

SUBMITTED BY:
Chad Minor, Planner II
Vincent Harris, Manager of Development Review & Enforcement
Frank Gray, Director of Community Planning & Development

REVIEWED BY:
Joni Inman, Director Mayor and City Manager’s Office
Michael J. Rock, City Manager

TABLE 9-1

FIGURE 9-1

FIGURE 9-2

FIGURE 9-4

Over the past year during the course of implementing the reformatted Zoning Ordinance, the planning division has come across sections of the Zoning Ordinance that should be corrected or modified in order to clarify terms and to facilitate implementation. Staff has determined that there is a need to modify the Zoning Ordinance in order to correct minor conflicts between different sections. In addition, some changes are proposed in order to clarify standards so that the risk of different interpretations of the Ordinance being made is reduced.

DESCRIPTION OF PROPOSED AMENDMENTS:

Copies of the various Articles that are recommended for modification are included as an attachment to this staff report. The changes are identified with a "highlight" (highlight) if the wording is recommended for addition or change to the Ordinance. Rather than repeat in detail each of the proposed changes, the following section highlights some of the changes that you should look for when reviewing each Article.

ARTICLE 9: PARKING REQUIREMENTS

There are several deletions and additions that have been made to this Article. The changes are summarized by section below:

Article 17-9-1 General Provisions

Section 17-9-1(8)(b) was modified to add a statement indicating that duplexes and triplexes shall be prohibited from having more than four (4) vehicles per unit parked outside on the property. The section previously allowed single-family detached and duplex units seven (7) vehicles to be parked outside on the property.

Section 17-9-1(8)(d) was modified to add single-family and duplex residential zoned lots to properties restricting the amount of drive cut along a lot's street frontage. The amount of drive cut has been limited to 30' along the street frontage per residential lot, and may not occupy more than 50% of the said frontage, a cul-de-sac being excluded from the 50% regulations.

Section 17-9-1(8)(f)(1&2) was modified to replace the term "junk vehicles" with "inoperable/unlicensed vehicles." Added to the section was "no inoperable/unlicensed" vehicles shall be allowed to be stored or parked in multi-family developments."

Section 17-9-1(9)(a)(1) was changed to add "trailers, campers and camper shells" to items that need to be parked on improved surfaces that are dust-free, mud-free, and weed-free.

Section 17-9-1(9)(d) was added stating that "parking is not allowed on an unimproved surface in the front yard."

Section 17-9-2 Parking Space Requirements

Section 17-9-2(1)(a)(b) was changed to add "driveways shall be a minimum of eighteen (18) feet long from back of sidewalk or twenty-nine (29) feet long from right-of-way if no sidewalk exists." Driveways will now be required to be setback and least seven and a half (7.5') from the side property line. This does not include parking areas. Corner lots will be required to have all driveways a minimum of thirty-five feet (35') from the flow line or edge of asphalt at the corner.

Section 17-9-2(2)(a)(b) was also changed to reflect the above changes.

Section 17-9-2(3)(a) was modified to remove the required percentage of covered parking for the 4-R and the 5-R zone districts. Also removed was the requirement that townhouse units provide a minimum of a one (1) car garage architecturally integrated with the dwelling unit.

Section 17-9-2(5)(b) was amended to add a chart which illustrates the required minimum number of handicapped accessible parking spaces, based on the overall number of parking spaces. This chart is in compliance with the current ADA standards.

Section 17-9-5 Design of Parking Lot Areas

Section 17-9-5(1) was modified to remove a paragraph which stated that the "design of non-residential parking lots is not required to be designed by a professional engineer." All non-residential parking lots shall be designed by a professional geo-technical engineer and shall be based on a soils report reflecting traffic volume and vehicle type.

Section 17-9-5(2) was changed to add "gravel is not an acceptable parking surface."

Section 17-9-5(6) was changed to reflect current West Metro Fire Protection District driveway requirements. The twenty feet (20') width requirement for a fire lane has been changed to a twenty-five feet (25') minimum requirement. All future parking lot proposals will require written approval by the West Metro Fire Protection District prior to City approval.

Section 17-9-5-(8) was modified to change the language requiring that all head-in parking shall have a minimum seven (7') foot wide walkway adjacent to the parking stall.
17-9-6 Parking Stall Layout

Section 17-9-6(6) was changed to indicate that "bumper blocks and/or bollards are not allowed in any parking stalls."

Figures

Figure 9-1 was modified slightly to correctly reflect Table 9-1. Figure 9-2 was modified slightly to comply with current ADA standards. Figure 9-4 was added to illustrate the required ADA parking stall requirements.

Summary of Analysis:

These proposed changes to the Zoning Ordinance are recommended by staff in order to clarify issues that may have been subject to a question in interpretation or that may have been in conflict with different sections of the Ordinance.

NOTIFICATION

Notice of the proposed changes was published in the Jefferson County Sentinal.

SUMMARY AND RECOMMENDATION

The City of Lakewood Staff recommends that the Planning Commission find that:

1. There is a need to modify the Zoning Ordinance in order to correct minor conflicts between different sections and/or to clarify standards in order to minimize the risk of different interpretations of the Ordinance; and

2. The City attorney has reviewed the amendments and found that they are in compliance with legally defensible applications of the permitted uses of the Zoning Ordinance; and

3. Notice of the public hearing was made in the Jefferson County Sentinel;
AND

That the Planning Commission recommend that the City Council APPROVE Zoning Ordinance Case No. OA-01-001 subject to:

1. Any corrections or additions that are recommended by Planning Commission at January 16, 2002 hearing and the City Attorney's office are incorporated into the final version of the amendments prior to staff scheduling this case on a City Council agenda.

encl: Draft of proposed amendments to Article 9: Parking Requirements

RESOLUTION OF CITY OF LAKEWOOD PLANNING COMMISSION

On January 16, 2002 the Lakewood Planning Commission reviewed Case No. OA-01-001 an Ordinance Amendment for the proposed Zoning Ordinance Amendments adding, clarifying and amending various sections of Article 9: Parking Regulations requirements.

Planning Commission recommends City Council approve Case No. OA-01-001. Motion was made by COMMISSIONER QUINN and seconded by COMMISSIONER MARINO to recommend APPROVAL, which passed by a unanimous vote of 7 to 0. The roll having been called, the vote of the Lakewood Planning

Commission was as follows:
Charles Choi Aye
Ken Lloyd Aye
Andrea Hollen Aye
Ed Peterson Aye
William Marino Aye
Tom Quinn Aye
Wilmae "Bunny" Malm Aye

FINDINGS OF FACT AND CONCLUSIONS

WE FIND THAT:

1. City staff recommends that the Planning Commission recommend approval of the proposed Zoning Ordinance amendments adding, clarifying and amending various sections of Article 9: Parking Requirements.
ACTION

NOW, THEREFORE, BE IT RESOLVED, by the Lakewood Planning Commission on the basis of the evidence presented to it and the findings and conclusions stated herein this 16th day of January, 2002, that Ordinance Amendment Case No. OA-01-001 is hereby recommended for APPROVAL subject to:

Edward Peterson, Chairman

Wilmae "Bunny" Malm, Secretary

CERTIFICATION

I, ELAINE ROSEDAHL, Secretary to the City of Lakewood Planning Commission, do hereby certify that the foregoing is a true copy of a resolution duly adopted by the Lakewood Planning Commission at a Public Hearing held in Lakewood, Colorado, on the 16th day of January, 2002 as the same appears in the minutes of said meeting.

Date approved Elaine Rosedahl, Secretary to the
LAKEWOOD PLANNING COMMISSION

3. CASE NO. OA-01-001 ORDINANCE AMENDMENT
Parking Regulations

CHAD MINOR entered into the record the staff report, the City of Lakewood Zoning Ordinance and testimony at this hearing. He pointed to one change in the staff report on page 3, Section 17-9-5, Design of Parking Lot Areas, third paragraph, and asked for the word "geo-technical" be removed and replaced to read "professional engineer" only. The reason for the change is because of Title 12, Article 25 of the Colorado State Board of Registration for Professional Engineers only defines engineers as "professional engineers"or "engineers" only and makes no distinction between specific fields. He then reviewed his staff report and made himself available for questions from the Planning Commission.

COMMISSIONER CHOI questioned the deletion of the "geo-technical" term, since his information does allow for the term "geo-technical" because the issue is geo-technical. He thought any professional engineer or mechanical engineer could complete a design and stamp the plan as a professional engineer, and that would go contrary to the intent. He thought the geo-technical term should be a parenthetical discipline.

COMMISSIONER MARINO referred to Section 17-9-1(8)(b) asked if a duplex would count as one unit or two units?

CHAD MINOR said it would count as two units and would allow for eight-vehicle parking spaces.

COMMISSIONER MALM wanted to know why parking is not allowed on grass, weeds, mud or dirt?

CHAD MINOR said to the Code Enforcement Department, wants vehicles parked on an improved surface.

SUE PIERCY added, it is a requirement to have 50 percent of the front yard to be living ground cover, and to be sure vehicles are parked on a hard surface.

CHAIRMAN PETERSON also had a problem with the only term professional engineer.

COMMISSIONER QUINN based on the information in the staff report and testimony at this public hearing, moved that the Planning Commission recommend City Council approve Zoning Ordinance Case No. OA-01-001 subject to the one correction made to 17-9-5. SECOND by COMMISSIONER MARINO.

Motion passed by a unanimous vote 7-0.

CHAIRMAN PETERSON asked Chad to get back to the Planning Commission once he talks to Jay Hutchison regarding the geo-technical term.

4. CASE NO. OA-01-005 ORDINANCE AMENDMENT
Street Standards

REBECCA FARRAR entered into the record the staff report and the Zoning Ordinance. She then reviewed her staff report and asked Planning Commission to approve this Ordinance Amendment for Street Standards.

TONY JIMENEZ, 12156 W. Ohio Pl., urged the Commission to vote no on this ordinance. He referred to the proposed changes that go against the philosophy in Section 17-15-7. He did not want Lakewood to repeat the mistakes of the past.

COMMISSIONER HOLLEN asked staff to clarify the Denver Water Board's concern about Lakewood's previous policies, and through what channels did Denver make their specifications known?

REBECCA FARRAR replied, the Denver Water Board requires a 34-foot right-of-way. The reason the standards are being removed from Article 15 is because of the low density residential street standards, with and without curbs, they do not meet the 34-foot requirement. The changes came about through extensive meetings with Vince Harris and City Engineers working with Denver Water Board, and it was their opinion the existing street standards were not acceptable. Therefore, the City's standards are being revised to meet the Denver Water Board's standards.

COMMISSIONER HOLLEN asked about the operational issues addressed by the Denver Water Board?

SUSAN PIERCY responded that the City has worked extensively with the Water Board to address these issues and safety was definitely one of their concerns.

COMMISSIONER QUINN thought there should be more information from Denver Water as to why they want the change, other than safety.

REBECCA FARRAR said as a practical matter, developers could not build streets to the old width.

CHAIRMAN PETERSON suggested the City could approve street width and when the applicant applies for extensions or water taps from Denver Water, Denver would deny the request.

SUSAN PIERCY responded yes, that was the case. Developers could design a subdivision under the old narrower standards and then Denver Water could deny it. The changes proposed are intended to address and meet the needs of Denver Water and preclude any conflict during design. This will help the developer to better understand what is required.

COMMISSIONER MARINO based on the testimony at this hearing and the staff report, moved that Planning Commission recommend City Council approve Ordinance Amendment Case No. OA-01-005. SECOND by COMMISSIONER MALM.

Motion passed by a unanimous vote 7-0.

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