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AMENDED 9/26/05
CORRECTED
O-2005-32
AN ORDINANCE
AMENDING THE LAKEWOOD ZONING ORDINANCE BY AMENDING ARTICLE TWO RELATING TO DEFINITIONS, ARTICLE SIX RELATING TO SPECIAL USE PERMITS, ARTICLE SEVENTEEN RELATING TO PROCEDURE FOR ZONING AND REZONING AND ADOPTING A NEW ARTICLE SEVEN RELATING TO PERFORMANCE-BASED REVIEW PROCESS
WHEREAS, the City Council wishes to adopt a Performance-Based Review Process in relation to the City's zoning and rezoning process; and,
WHEREAS, it is necessary to make amendments to the Lakewood Zoning Ordinance to effectively adopt the Performance-Based Review Process.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:
SECTION 1. Section 17-2-2 of the Lakewood Zoning Ordinance is amended by the deletion of subsection 275 relating to the definition of Performance-Based Standards and renumbering the remaining subsections accordingly.
SECTION 2. Section 17-6-1 of the Lakewood Zoning Ordinance is amended to read as follows:
17-6-1. APPLICABILITY: The requirements of this Article 6 shall apply to all uses listed as special uses within Article 5 of this Ordinance. Special uses are uses which are appropriate for the applicable zone district only upon site specific review according to the standards established by Section 17-6-4 of this Ordinance, Performance-Based Review Process, and formal approval by the City. Review and determination of proposed special uses shall be governed by the provisions of Subsection 17-6-2 except where the proposed use is a group home for victims of domestic violence or a group home for pregnant women and infants. Applications involving these particular group homes shall be subject to the process set forth in Subsection 17-6-2(10).
SECTION 3. The first full paragraph of Section 17-6-4 of the Lakewood Zoning Ordinance is amended to read as follows:
17-6-4. STANDARDS FOR SPECIAL USES: In addition to any other regulations which may apply, no building or land shall be used and no building or structure shall be hereafter constructed or altered as a special use within a zone district unless said special use is specifically permitted within the zone district and conforms with the following standards and regulations applicable to the particular use. Special Use Permits may be granted for a specified period of time only if the specified period is set forth in the permit. Special use permit applications shall comply with the Performance-Based Review Process contained in Article 7 of this Zoning Code.
SECTION 4. A new Article 17-7 of the Lakewood Zoning Ordinance relating to Performance-Based Review Process is adopted to read as follows:
ARTICLE 7: PERFORMANCE-BASED REVIEW PROCESS
17-7-1. PURPOSE AND INTENT The Performance-Based Review Process is a framework for residents, property owners, planners, and developers to follow during project review. This framework is designed to promote dialogue, offer flexibility and encourage creativity to facilitate a productive development process. It is also intended to ensure the effective integration of a development or redevelopment project with the surrounding land uses and the community.
The manner in which a particular land use appears, functions and interacts with adjacent land uses is integral and critical in making future land use decisions. Development and redevelopment should 'perform' well in a given location for the community. 'Performance' within the context of land use refers to the respect a parcel of land and its uses extend to its neighbors and the community at large. These aspects of "respect" and "performance" identified and described as Performance Elements are key factors during the Performance-Based Review Process.
The City applies a Performance-Based Review Process as a tool early in the development review process to cultivate productive discussions among applicants, neighboring property owners, and the community at large. Active listening and mutual understanding from all perspectives are key objectives of the process. The Performance-Based Review Process is intended to bring all concerned parties together to discuss issues, evaluate ways to mitigate community concerns, and achieve the desired outcomes of a proposed development.
The application of a Performance-Based Review Process is not a quantifiable point system that determines compliance or non-compliance. Rather, it is intended to be a framework that fosters productive dialogue to promote flexibility and encourage creativity to address land use issues. This deliberate process is designed to facilitate a productive development process, while ensuring the effective integration of a development or redevelopment project within the surrounding land uses and the community.
Special Use Permit, Zoning or Rezoning decisions shall be based on a project's creativity and responsiveness to the established framework of the Performance-Based Review Process. For example, if a project performs effectively within such a framework, it might be suitable to integrate a mixed-use development into a residential neighborhood. The final determination shall be predicated on the project's ability to accommodate the Performance-Based Review Process as a means to comply with the Comprehensive Plan.
It is the purpose and intent of this Article to:
(1) Ensure that land use and development is in compliance with the Lakewood Comprehensive Plan.
(2) Ensure that a development interacts appropriately with adjoining land uses.
(3) Encourage desired outcomes through creative solutions rather than meeting minimum requirements.
(4) Introduce a coherent and consistent set of performance considerations (in the form of questions) early in the development review process.
(5) Increase the range of options for all parties involved in the planning review and development process.
(6) Augment the current qualitative Site Development Standards stipulated in Article 15.
17-7-2. APPLICABILITY
The Performance-Based Review Process shall:
(1) Apply to any development proposed in an application for a Special Use Permit, Zoning or Rezoning and are in addition to any other development standard which may otherwise be applicable to a particular property or geographic area of the City; and
(2) Beginning at the pre-planning period, staff will inform applicants of the City's Performance Based Review Process.
17-7-3. APPLICATION FORM AND PROCEDURE
(1) Special Use Permit applicants shall comply with application form and procedure outlined in Article 6: Special Use Permits of this Ordinance.
(2) Zoning and Rezoning requests shall comply with the application form and procedure outlined in Article 17: Procedure for Initial Zoning and Rezoning of this Ordinance.
17-7-4. PERFORMANCE-BASED REVIEW PROCESS The City of Lakewood will apply the following Performance Elements when considering Special Use Permit, Zoning and Rezoning requests. Not all Performance Elements will be pertinent to all proposals. The Planning Commission is authorized to adopt and amend a resolution to establish materials, such as descriptions and clarifying questions, for each of the following Performance Elements. The materials are to be used as a resource for applicants, neighboring property owners, staff, Planning Commission and City Council during neighborhood meetings and public hearings to consider Special Use Permit, Zoning, and Rezoning applications.
Element 1: Regional Context
Foster and advance cooperation with other jurisdictions regarding existing regional
plans and other relevant regional initiatives.
Element 2: Conformance with the Comprehensive Plan
Ensure that development is in compliance with the Lakewood Comprehensive Plan
and applicable neighborhood, corridor and special area plans. Encourage citizen
participation throughout the process.
Element 3: Environmental Sustainability
Promote community stewardship of natural and man-made resources. Respect and
preserve key wildlife habitat and movement corridors, watersheds, open space,
and other natural areas when planning, designing and building projects. Conserve
available water supplies and manage water runoff quantity and quality. Encourage
the integration of open space, trail systems and recreational opportunities
into development projects.
Element 4: Infrastructure
Approve new developments only if adequate public services are made available
and impacts to natural systems and potential hazards are adequately mitigated.
Element 5: Transportation Connections
Promote a safe multi-modal transportation system. Encourage connections with
all modes of transportation to serve people of all abilities.
Element 6: Building Design and Function
Encourage design and construction of energy efficient buildings that can be
adapted to accommodate future uses.
Element 7: Site Design and Function
Ensure that development interacts well with adjoining land uses and the community.
Promote high quality design in new development and redevelopment. Promote the
development of mixed-use centers that serve the community.
Element 8: Community Image and Identity
Strengthen Lakewood's image and identity with emphasis on livability and vitality.
Celebrate the cultures and diversity that exists within the community.
Element 9: Community Sustainability
Encourage sustainable development, development that meets the current needs
of the community without compromising the ability of the community to support
future needs.
SECTION 5. Subsection 17-17-1(3)(b) of the Lakewood Zoning Ordinance is amended to read as follows:
b) Property annexed to the City shall be initially zoned by the City within ninety (90) days after the effective date of the annexation ordinance.
SECTION 6. Subsection 17-17-3 (3) (b) of the Lakewood Zoning Ordinance is amended to read as follows:
b) The Conceptual Site Plan shall be considered part of the rezoning application.
SECTION 7. Subsection 17-17-7(1) of the Lakewood Zoning Ordinance is amended to read as follows:
(1) To promote stability in zoning and appropriate development of property within the City, no application for rezoning of property shall be approved unless it is demonstrated:
a) That the proposed rezoning promotes the health, safety or welfare of the inhabitants of the City of Lakewood and the purposes of this Ordinance; and
b) The proposal as evidenced by the Conceptual Site Plan, is compatible with surrounding uses; or in the case of redevelopment that the proposal is an improvement to the area; and
c) The proposal as evidenced by the Conceptual Site Plan, enhances significant natural characteristics of the site by preservation or incorporating the features into the development's open space; and
d) The proposed as evidenced by the Conceptual Site Plan and/or Official Development Plan, shall comply with the Performance-Based Review Process contained in Article 7 of this Zoning Code; and
e) At least one of the following additional factors exist:
1. The proposed rezoning is consistent with the goals of the Comprehensive Plan;
2. There has been a material change in the character of the neighborhood or in the City generally, such that the proposed rezoning would be in the public interest and consistent with the change; or
3. The property to be rezoned was previously zoned in error.
SECTION 8. This ordinance shall take effect forty-five (45) days after final publication.
I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 12th day of September, 2005; published by title in the Rocky Mountain News and on the City of Lakewood's website, www.lakewood.org., on the 15th day of September, 2005; set for public hearing on the 26th day of September, 2005; read, finally passed and adopted by the City Council on the 26th day of September, 2005; and signed and approved by the Mayor on the 27th day of September, 2005.
Stephen A. Burkholder, Mayor
ATTESTED AND CERTIFIED:
Margy Greer, City Clerk
Approved as to form:
City Attorney
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