Resolution 2002-31
REQUEST FOR COUNCIL ACTION

RESOLUTION: 2002-31

SUBJECT: The Three-Mile Plan

RECOMMENDATION:

Staff recommends adoption of the resolution. Planning Commission, by a vote of 6-0 at its meeting of May 1, 2002, recommends adoption of the resolution.

SUMMARY AND BACKGROUND OF SUBJECT MATTER:

Section 31-12-105(1)(e) of the Colorado Revised Statutes restricts annexations in such a way that no property may be annexed to a municipality if it has the effect of extending a municipal boundary more than three miles in any one year. Thus, annexations are effectively limited to property located within a three-mile-wide radius of the City's boundaries, and to enclaves. This section of the statutes also requires that all municipalities in Colorado have in place a plan - the Three-Mile Plan - prior to the completion of any annexation of property within the three-mile limit, and that this Three-Mile Plan be updated at least once annually.

The City of Lakewood originally adopted a Three-Mile Plan on May 9, 1988, and has subsequently adopted a number of updates of the plan, the last of which occurred on September 6, 2000. The City's Three-Mile Plan, as proposed for the present update, is a combination of the South Jefferson County Community Plan, the Central Mountains Community Plan, the Jefferson County General Land Use Plan, and the City of Lakewood Comprehensive Plan, as well as an explanation of the workings of the Three-Mile Plan. The Lakewood Comprehensive Plan includes all current and future area, neighborhood and corridor plan amendments. The Three-Mile Plan is included with the staff report to the Planning Commission, which is attached to this RFCA. The component plans mentioned above are not attached, but are available in the City Clerk's Office.

RESOLUTION ADOPTION DATE: May 13, 2002

ORIGINATED BY: Susan Piercy, Senior Planner

STAFF PERSONS RESPONSIBLE: Susan Piercy, Senior Planner (303) 987-7512
Vincent Harris, Manager of Development Review (303) 987-7516

DOCUMENTS ATTACHED:

Planning Commission staff report
Planning Commission minutes from meeting of May 1, 2002
Planning Commission resolution recommending approval of the Three-Mile Plan
Three-Mile Plan
Resolution for adoption

SUBMITTED BY:
Susan M. Piercy, Senior Planner
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


STAFF REPORT

TO: LAKEWOOD PLANNING COMMISSION

THRU: Vince Harris, Manager of Development Review and Code Enforcement

FROM: Susan M. Piercy, Project Manager

DATE: April 11, 2002
PC Date: May 1, 2002

SUBJECT: City of Lakewood Three-Mile Plan 2002 Update

REQUEST: To recommend approval to the City Council of the annual
update of the City's Three-Mile Plan for annexations.

HISTORY / BACKGROUND

Section 31-12-105(1)(e) of the Colorado Revised Statutes limits annexations by municipalities by stating that no annexation may take place, which would have the effect of extending a municipal boundary more than three miles in any direction from any point of such municipal boundary in any one year. This section of the statutes also requires that, prior to the completion of any annexation within this three-mile range, the municipality shall have in place a plan for that area, which generally describes such things as streets, waterways, utilities, parks, land uses, etc. for the area. This "Three Mile Plan@ must be updated at least once annually.

Lakewood's Three Mile Plan was last updated and approved by the Lakewood City Council on September 6, 2000. The City's Plan has historically consisted of an amalgamation of several independent land use plans together with an introduction and description of the Plan and how it addresses the various elements required by the statutes. These component plans include the City of Lakewood Comprehensive Plan, the South Jefferson County Community Plan, the Jefferson County General Land Use Plan and the Central Mountains Community Plan. The Lakewood Comprehensive Plan includes all amendments thereto in the form of neighborhood and corridor plans. There have been five amendments to the Comprehensive Plan since the last Three-Mile Plan update. Please refer to the last five plans listed Under Section 2 on page 2 of the attached copy of the Three-Mile Plan.

A copy of the proposed Three-Mile Plan, without the component plans, is attached.

SUMMARY AND RECOMMENDATIONS

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

1. The City of Lakewood Three-Mile Plan, as proposed in this update, meets the requirements of Section 31-12-105(1)(e) of the Colorado Revised Statutes;

AND

That the Planning Commission recommend APPROVAL to the City Council of the updated City of Lakewood Three-Mile Plan.

Attachments: Three-Mile Plan


Lakewood Planning Commission
Public Hearing Minutes
May 1, 2002
Page 3

3. CASE NO. PL-02-001

Three-Mile Plan

SUSAN PIERCY said the City of Lakewood is required by the Colorado Revised Statutes to limit annexations to an area within a three-mile boundary at any one point around the City within any one year period. The Three-Mile Plan identifies boundaries and establishes how those areas can be developed regarding streets, utilities, water and other uses. This plan identifies the plans the City has in place as well as plans from Jefferson County in order to regulate development in those areas. Only unincorporated areas are eligible for annexation.

COMMISSIONER QUINN wanted to know why this plan has to be updated every year?

SUSAN PIERCY said the Colorado Revised Statutes require each municipality to identify their three-mile plan and update that plan every year.

COMMISSIONER QUINN moved Planning Commission recommend City Council approve the Three-Mile Plan. SECOND by COMMISSIONER PETERSON.

Motion passed by a unanimous vote 6-0.


RESOLUTION OF CITY OF LAKEWOOD PLANNING COMMISSION

On May 1, 2002 the Lakewood Planning Commission reviewed Case No. PL?02?001 for the proposed Three-Mile Plan.

Motion was made by COMMISSIONER MALM and seconded by COMMISSIONER PETERSON to recommend APPROVAL, which passed by a vote of 6 to 0. The roll having been called, the vote of the Lakewood Planning Commission was as follows:

Charles Choi Aye
Andrea Hollen Aye
Wilmae "Bunny" Malm Aye
Ed Peterson Aye
Bill Marino Aye
Tom Quinn Aye

FINDINGS OF FACT AND CONCLUSIONS

a. WE FIND THAT readoption of this "Three-Mile Plan" will allow City Council to continue to consider annexation proposals in Unincorporated Jefferson County; and

b. WE FIND THAT when annexation proposals are presented to Planning Commission in newly annexed areas, Planning Commission will be appraised in the staff report as to whether the proposal conforms to the City's Comprehensive Plan and the "Three-Mile Plan" in Place; and

c. WE FIND THAT an annual review is required by State statutes in order for municipalities to be able to consider annexation proposals. The Plan submitted is the updated Plan.

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 1st day of May, 2002, that Planning Case No. PL?02?001 is hereby recommended for APPROVAL.

Charles Choi, Chairman

Tom Quinn, 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 1st day of May, 2002 as the same appears in the minutes of said meeting.

Elaine Rosedahl, Secretary to the
Lakewood Planning Commission


CITY OF LAKEWOOD
THREE-MILE PLAN

SECTION 1: INTRODUCTION

This document constitutes the City of Lakewood's Three-Mile Plan for the unincorporated area three miles in width around the City's perimeter, as required by and in conformance with Section 31-12-105(1)(e) of the Colorado Revised Statutes (C.R.S.). The Three-Mile Plan is comprised of six sections, including this introduction, four sections of which are self-contained land use plans, which are incorporated into the Three-Mile Plan in their entirety by reference.

Section 2 of the City's Three-Mile Plan consists of the South Jefferson County Community Plan (December 1995 version), which is pertinent to that portion of unincorporated Jefferson County located east of the Dakota Hogback and south of U.S. Highway 285.

Section 3 of the City's Three-Mile Plan consists of the Central Mountains Community Plan (December 1994 version), which is pertinent to that portion of unincorporated Jefferson County located generally west of the incorporated limits of Lakewood, Morrison and Golden, between Bear Creek (Colorado Highway 74) and Clear Creek (U.S. Highway 6).

Section 4 of the Three-Mile Plan consists of the Jefferson County General Land Use Plan, which was adopted by the County's Planning Commission in March of 1986. This plan applies to all sections of unincorporated Jefferson County, which are not covered by a more geographically specific plan.

Section 5 of the Three-Mile Plan consists of the most recent version of the City of Lakewood Comprehensive Plan, which was originally adopted by the City's Planning Commission and approved by the City Council in early 1987, as well as all neighborhood, corridor and regional plans which have subsequently been adopted as amendments to the Comprehensive Plan. All future amendments are also to be incorporated into the Comprehensive Plan.

The sixth and final section of the Three-Mile Plan consists of a description of the workings of the Three-Mile Plan and specific geographic clarifications and elaborations.

SECTION 2: SOUTH JEFFERSON COUNTY COMMUNITY PLAN

The South Jefferson County Community Plan (December 1995) is hereby incorporated into the City of Lakewood Three-Mile Plan by reference.

SECTION 3: CENTRAL MOUNTAINS COMMUNITY PLAN

The Central Mountains Community Plan (December 1994) is hereby incorporated into the City of Lakewood Three-Mile Plan by reference.

SECTION 4: JEFFERSON COUNTY GENERAL LAND USE PLAN

The Jefferson County General Land Use Plan (March 1986) is hereby incorporated into the City of Lakewood Three-Mile Plan by reference.

SECTION 5: CITY OF LAKEWOOD COMPREHENSIVE PLAN

The City of Lakewood Comprehensive Plan (March 1987) is hereby incorporated into the City of Lakewood Three-Mile Plan by reference. It is to be noted that the most recent version of the City of Lakewood Comprehensive Plan includes but is not limited to, as amendments, the following neighborhood, corridor and regional plans:

The West Colfax Revitalization Plan
The West Alameda Avenue Corridor Plan
The Wadsworth Boulevard Strategic Plan
The North Kipling Strategic Plan
The Jefferson Gardens Neighborhood Plan
The Molholm Area Plan
The Edgewood Neighborhood Plan
The North Alameda Area Plan
The Rooney Valley Master Plan
The Jewell and Wadsworth Specific Area Plan
The Sheridan Boulevard Strategic Plan
The Mississippi Avenue Corridor Study
The Eiber Neighborhood Plan
Lasley Neighborhood Plan
The South Alameda Area Plan
Framework Plan for the West Corridor Light Rail Line

NOTE: Sections 2, 3, 4 and 5 of the City of Lakewood Three-Mile Plan are not attached but are on display in the City Clerk's Office.

SECTION 6: DESCRIPTION OF THE PLAN, CLARIFICATIONS, AND ELABORATIONS

This Three-Mile Plan addresses all unincorporated lands within three miles of the corporate limits of the City of Lakewood, which lands may also include incorporated areas of the City and County of Denver, the City of Edgewater, the City of Wheat Ridge, the City of Arvada, the City of Golden, the Town of Morrison, the City of Littleton, the City of Sheridan and the City of Englewood. The Three-Mile Plan does not apply to these incorporated areas of other municipalities. This leaves the areas located primarily to the west and northwest and an area to the south which are further discussed below. (Refer to the attached map for a graphical depiction of the impacted areas.)

For the south area, the South Jefferson County Community Plan shall be considered the primary document to be considered when reviewing land uses associated with proposed annexations; the City of Lakewood Comprehensive Plan may provide secondary guidance.

For the west and northwest areas, the Central Mountains Community Plan (where applicable) and the City of Lakewood Comprehensive Plan shall be the primary documents to be considered when reviewing land uses associated with proposed annexations; the Jefferson County General Land Use Plan may provide secondary guidance.

For all enclaves of unincorporated property which are completely surrounded by property, which is within the corporate boundaries of the City of Lakewood, the City of Lakewood Comprehensive Plan shall be the only document to be considered when reviewing land uses associated with proposed annexations.

In all cases where a greater need or desire may arise for waterways, subways, bridges, or other components of this Three-Mile Plan, the plan will be appropriately amended to respond to these demands.

A. South Area (South of U.S. Highway 285)

The elements of the City of Lakewood Three-Mile Plan for the South Area are set forth as follows:

Streets: Refer to the Transportation Section of the South Jefferson County Community Plan.

Subways: No subways exist or are planned for this area.

Bridges: No bridges other than roadway overpass bridges exist or are planned for this area. When demand determines that there is a need, this item will be reevaluated.

Waterways: No changes are proposed.

Waterfronts: Lake waterfronts are addressed within the appropriate land use sections of the Three-Mile Plan component plans.

Parkways, playgrounds, squares, and parks and open space:
Refer to the South Jefferson County Community Plan.

Aviation fields: At present, no aviation fields are known to exist or are planned within the South Area of this plan. When demand determines that there is a need, this item will be reevaluated.

Other public ways, grounds, and open spaces:
Refer to the South Jefferson County Community Plan.

Public Utilities: Refer to the Services Section of the South Jefferson County Community Plan.

Terminals for water, light, sanitation, transportation and power, provided by the
municipality:
Transportation is addressed in the South Jefferson County Community Plan. Other elements listed are not provided by the City of Lakewood. At such time as the City of Lakewood does become involved in providing these services, the Three-Mile Plan will be appropriately amended.

Land Use: Refer to the South Jefferson County Community Plan as the primary guiding plan and the City of Lakewood Comprehensive Plan as the secondary guiding plan for land use issues.

B. West/Northwest Area (North of U.S. Highway 285)

The elements of the City of Lakewood Three-Mile Plan for the West/Northwest Areas are set forth as follows:

Streets: Refer to the transportation section of the Central Mountains Community Plan and to the City of Lakewood Comprehensive Plan. The transportation section of the Jefferson County General Land Use Plan offers supplementary material.

Subways: No subways currently exist or are planned for this area. However, the 13th Avenue Light Rail EIS Study is under way and the City of Lakewood Comprehensive Plan will be used when evaluating development along it's length.

Bridges: No bridges other than roadway overpass bridges currently exist or are planned for this area. When demand determines that there is a need, perhaps with the evolution of the light rail, this item will be reevaluated using the City of Lakewood Comprehensive Plan and the Jefferson County General Land Use Plan.

Waterways: No changes are proposed.

Waterfronts: Lake waterfronts are addressed within the appropriate land use sections of the Three-Mile Plan component plans.

Parkways, playgrounds, squares, and parks and open space:
Refer to the Central Mountains Community Plan and to the Jefferson County General Land Use Plan.

Aviation fields: At present, there are two known helicopter pads within the west/northwest area of this plan. There are currently no plans to expand these existing pads or to build any additional pads or other aviation fields within this area. When the situation changes, this item will be reevaluated and addressed in detail.

Other public ways, grounds, and open spaces:
Refer to the Central Mountains Community Plan, the Jefferson County Community Plan and the City of Lakewood Comprehensive Plan.

Public Utilities: Refer to the Public Services and Facilities section of the Central Mountains Community Plan and to the Services section of the Jefferson County General Land Use Plan.

Terminals for water, light, sanitation, transportation and power, provided by the
municipality:
Transportation is addressed in the Central Mountains Community Plan as the guiding plan within the area to which it applies, and the City of Lakewood Comprehensive Plan as the secondary guiding document. Refer to land use policies in the City of Lakewood Comprehensive Plan as the primary land use information source for those areas not covered by the Central Mountains Community Plan. Also refer to the Recommendation Map P2 - Bear Creek Central Plains; Recommendation Map P3 - Bear Creek South Central Plains; and recommendation Map M2 - Evergreen Central Mountains, from the Community Form section of the Jefferson County General Land Use Plan as additional guidance for land use issues.