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REQUEST FOR COUNCIL ACTION
ORDINANCE: O-2002-13
SUBJECT: Ordinance Amendment Case No. OA-01-005
Proposed Zoning Ordinance Amendments adding, clarifying and amending various
sections of Article 15: Site Development Ordinance.
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
15 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.
DATE OF FIRST READING: April 8, 2002
DATE OF SECOND READING: April 22, 2002
ORIGINATED BY: Rebecca Farrar, Project Manager
STAFF PERSON RESPONSIBLE:
Vincent Harris, Manager of Development Review, 303-987-7516
Rebecca Farrar, Planner I, 303-987-7522
Susan Piercy, Senior Planner, 303-987-7512
DOCUMENTS ATTACHED:
Ordinance O-2002-13
Planning Commission Staff Report, with the proposed amendment
Planning Commission Resolution from January 16, 2002 meeting
Minutes of the Planning Commission meeting of January 16, 2002
SUBMITTED BY:
Rebecca Farrar, Planner I
Vincent Harris, Manager of Development Review & Enforcemen
Frank Gray, Director of Community Planning & Development
REVIEWED BY:
Joni Inman, Director Mayor and City Manager's Office
Michael J. Rock, City Manager
STAFF REPORT
TO: Lakewood Planning Commission
THRU: Susan Piercy, Senior Planner
FROM: Rebecca Farrar, Project Manager
DATE: January 8, 2002
SUBJECT: Proposed Zoning Ordinance Amendment:
Ø OA-01-005: Adding, clarifying and removing street width standards of
Article 15: Site Development Ordinance.
BACKGROUND
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 THE PROPOSED AMENDMENT:
Ø OA-01-005, Article 15 Site Development Ordinance
There are a few deletions and additions that have been made to this Article. The changes are summarized below:
Text / Figures:
The Low-Density Residential Street standard (24 feet), page 15-21 has been modified to reflect the proposed 27 feet, 4 inch residential street section. The Denver Water Board had expressed concerns in regard to the City's allowance of certain street widths. The text, as well as the figures, has been modified to reflect the preferred street width standard of 27 feet, 4 inches as the proposed new Low Density Residential Street standard. An additional figure has been added for clarification purposes on page 15-22.
City Staff proposes the removal of both the Low Density Residential Street Without Curbs (page 15-23) and the Low Density Residential Street With Curbs (page 15-24), from the Site Development Ordinance. These standards are no longer acceptable per Denver Water Board requirements.
SUMMARY
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 public hearing was published in the Jefferson County Sentinel and the High Timber Times.
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
Notice of the public hearing was made in the Jefferson County Sentinel and High
Timber Times;
AND
That the Planning Commission recommend that the City Council APPROVE Zoning Ordinance Case No. OA-01-005 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 15: Site Development Standards
RESOLUTION OF CITY OF LAKEWOOD PLANNING COMMISSION
On January 16, 2002 the Lakewood Planning Commission reviewed Case No. OA-01-005
a Zoning Ordinance Amendment adding, clarifying and removing street width standards
of Article 15: Site Development Ordinance.
Planning Commission recommends City Council approve Case No. OA-01-005. Motion
was made by COMMISSIONER MARINO and seconded by COMMISSIONER MALM to recommend
APPROVAL, which passed by a unanimous vote of 7 to 0. The roll having been called,
the vote of the Lakewood PlanningCommission 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 Amendment adding, clarifying and removing street
width standards of Article 15: Site Development Ordinance.
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-01-005
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, 2001 as the same appears in the minutes of said
meeting.
Date approved Elaine Rosedahl, Secretary to the
LAKEWOOD PLANNING COMMISSION
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.
AGENDA
CITY
COUNCIL MEETING
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