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O-2006-32
AN ORDINANCE
AMENDING THE LAKEWOOD ZONING ORDINANCE BY AMENDING SECTION 17-17-8 RELATING TO PROCEDURES FOR THE LEGISLATIVE REZONING OF PROPERTY
WHEREAS, the City of Lakewood is a home rule city of the state of Colorado with full authority to legislate in matters of local concern such as zoning and land use matters; and,
WHEREAS, the City of Lakewood recognizes that the demands of rapid development pressure in the Denver Metropolitan area are placing considerable burdens on the ability of surrounding communities, such as Lakewood, to properly plan for the impacts of such growth; and,
WHEREAS, the Regional Transportation District's West Corridor light rail line necessitates that four large areas of real property in the City be designated as a Transit Mixed Use zone district; and,
WHEREAS, in order to help address this issue, the City Council wishes to provide for a clear process to effectuate the comprehensive legislative rezoning of large areas of real property within the City; and,
WHEREAS, the Colorado Supreme Court in Jafay v. Boulder County Board of County Commissioners held that larger scale rezoning of property may be lawfully conducted by legislative action; and,
WHEREAS, the City of Lakewood finds that larger scale rezoning of numerous properties with multiple landowners can be reasonably accomplished through a legislative process, that the provision of individualized notice to all properties within the City of Lakewood potentially affected by this Ordinance would be unduly burdensome and cost prohibitive;
WHEREAS, that published notice of the consideration and adoption of this Ordinance was made in accordance with state and local law, and that a public hearing was held at which interested persons were afforded a reasonable opportunity to address the City Council regarding this Ordinance; and,
WHEREAS, in order to effectuate the purposes set forth above it is necessary to amend the Lakewood Zoning Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lakewood,
Colorado, that:
SECTION 1. Section 17-17-8 of the Lakewood Zoning Ordinance is amended to read
as follows:
17-17-8 COMPREHENSIVE CITY-INITATED LEGISLATIVE REZONING AFFECTING A LARGE NUMBER OF PROPERTIES.
Notwithstanding any other provision of this Article 17, only the following procedures shall be required for comprehensive City-initiated legislative rezonings affecting a large number of properties and occurring subsequent to the effective date of this Ordinance:
(1) The City Manager of the City of Lakewood, or his or her designee, may initiate a request for a legislative rezoning of property within the City upon a determination that:
a) the proposed rezoning affects a large number of properties and the proposed rezoning is not limited only to a specific individual or readily identifiable group of individuals; and,
b) it would be inefficient, cumbersome, and unduly burdensome on the resources of the City to rezone the potentially affected properties in a quasi-judicial manner on a site-by-site basis; and,
c) the rezoning is prospective in nature and reflects public policy of a permanent or general character impacting the City on a scale greater than at the individual property level; and,
d) the proposed rezoning is intended to:
a. implement specific goals or objectives of the City's Comprehensive Plan; and/or,
b. rezone a large number of properties to a newly created zone district in
a manner consistent with the goals or objectives of the City's Comprehensive
Plan.
(2) For purposes of this Section, a rezoning affecting fifty (50) or more individual
parcels of property is presumed to affect a large number of properties.
(3) The process for legislative rezoning shall involve public hearings before
the Planning Commission and City Council, and shall follow the procedures as
set forth in this subsection (3).
a) Notice of the Planning Commission hearing and the subsequent City Council
hearing shall include the date, time, and place of the hearing, together with
a general statement of the nature of the rezoning, the general boundaries of
the area affected, and a statement that the process shall be conducted as a
legislative matter in accordance with this Section. Such notice shall be published
in an official paper or paper of general circulation in the City at least fifteen
(15) days prior to the date of the hearing. Notice to individual landowners
whose property is being rezoned shall not be required, but is desirable. At
the discretion of the City Manager and as a courtesy to property owners, a copy
of the published notice may be sent by first class mail to the owners of record
of the properties to be rezoned and notice may be posted in or near the areas
to be rezoned.
b) During the fact-finding hearing, the Planning Commission and City Council shall hear any relevant evidence or statement provided by the applicant or his representative, by the Director or any member of the staff, and by any person in attendance at the hearing. The Planning Commission and City Council may, in their sole discretion, hear and consider any other relevant statement or evidence, written or oral.
c) Within sixteen (16) days after the hearing, the Planning Commission shall provide to the applicant and the City Council its written findings and recommendations on the application. The written findings and recommendation shall include a statement of the Commission's findings and conclusions upon all relevant issues of fact or law raised by the application, and a recommendation for approval or denial thereof. A copy of the written findings and recommendations also shall be mailed to any other person who requested in writing a copy thereof.
d) After receipt by the City Council of the written findings and recommendations of the Planning Commission, an ordinance embodying the proposed rezoning shall be placed on the agenda of a meeting of the City Council for first reading.
e) The notice provisions set forth in 3(a) above shall be performed by the
Secretary to the Planning Commission for fact finding hearings relating to the
Planning Commission and by the City Clerk for fact finding hearings related
to the City Council.
4) In lieu of the standards outlined in Section 17-17-7, no legislative rezoning
ordinance shall be approved by Planning Commission or City Council unless it
is demonstrated and found that:
a) the rezoning affects a large number of properties and the proposed rezoning is not applicable only to a specific individual or readily identifiable group of individuals;
b) it would be inefficient, cumbersome, and unduly burdensome on the resources of the City to rezone the potentially affected properties on a site-by-site basis;
c) the rezoning is prospective in nature and reflects public policy of a permanent or general character impacting the City on a scale greater than at the individual property level;
d) the proposed rezoning is consistent with and will implement the goals of the City's Comprehensive Plan;
e) the proposed rezoning promotes the health, safety or welfare of the inhabitants of the City and the purposes of this Ordinance;
f) the proposed rezoning is in the public interest.
(5) Judicial review of an ordinance adopted pursuant to this Section shall
be by petition to district court pursuant to the requirements of Colorado Rule
of Civil Procedure 57.
SECTION 2: This ordinance shall take effect thirty (30) 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 13th day of November, 2006; published by title in the Rocky Mountain News and in full on the City of Lakewood's website, www.lakewood.org, on the 16th day of November, 2006; set for public hearing on the 27th day of November, 2006, read, finally passed and adopted by the City Council on the 27th day of November, 2006, and, signed and approved by the Mayor on the 28th day of November, 2006.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
APPROVED AS TO FORM:
Roger Noonan, City Attorney
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