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O-2006-36

AN ORDINANCE

AMENDING THE LAKEWOOD ZONING ORDINANCE BY AMENDING SECTION 17-2-2 RELATING TO DEFINITIONS AND SECTIONS 17-18-2, 17-18-3, 17-18-4 AND 17-18-8 AND ADDING A NEW SECTION 17-18-9 ALL RELATING TO APPLICATION FOR A SITE SPECIFIC DEVELOPMENT PLAN

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, Colorado Revised Statutes 24-68-101 et. seq., provides a method by which an applicant can obtain a vested property right; and,

WHEREAS, it is desirable to conform the Lakewood Zoning Ordinance vested property rights procedure to that of the state statutes,

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:

SECTION 1. Subsection 379 of Section 17-2-2 of the Lakewood Zoning Ordinance is amended to read as follows:

17-2-2. DEFINITIONS. As used within this Ordinance, except where otherwise specifically defined, or unless the context otherwise requires, the following terms, phrases, words and their derivations shall have the following meanings:

(379) Site Specific Development Plan: A plan that is processed and approved pursuant to Article 18 of this Zoning Ordinance submitted by a landowner or such landowner's representative describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property.

(a) Such plan may be in the form of, but need not be limited to, any of the following plans or approvals: An "Official Development Plan" within the meaning of this Article 2, an amended or amendment to an Official Development Plan, a conceptual site plan, a final design or site plan, a planned development plan, a subdivision plat, a conditional or special use plan, a development agreement, a rezoning, or any other land use approval designation as the Planning Commission may so utilize. The document that triggers a vested property right shall be so identified at the time of its approval.

(b) "Site Specific Development Plan" shall not include a variance, a preliminary plan, a sketch plan, a final architectural plan, public utility filings or final construction drawings and related documents specifying materials and methods for construction of improvements. No land use plan submitted to the City other than one processed in compliance with Article 18 of this Zoning Ordinance shall be considered a "Site Specific Development Plan" within the meaning of Article 68 of Title 24, 3 C.R.S. (1997), as amended.

SECTION 2. Section 17-18-2 of the Lakewood Zoning Ordinance is amended to read as follows:

17-18-2. GENERAL PROVISIONS. The Planning Commission may recommend and the City Council may adopt an Ordinance approving a Site Specific Development Plan. Approval of a Site Specific Development Plan pursuant to this Article shall create a vested property right. The approval may include such terms and conditions as are necessary to protect the public health, safety and welfare, and failure to abide by such terms and conditions may result in a forfeiture of the vested property rights.

SECTION 3. Section 17-18-3 of the Lakewood Zoning Ordinance is amended to read as follows:

17-18-3. APPLICATION.

(1) An owner of property who seeks to cause rights to vest may file an application for approval of a Site Specific Development Plan, as defined in Article 2, Section 17-2-2(379) of this Zoning Ordinance. Each application shall be signed by the fee owner of the property, or his authorized agent. Each such application shall be accompanied by a fee to be established by City Council Resolution to cover necessary costs related to processing the application.

(2) The Director of Community Planning and Development may require an application for approval of a Site Specific Development Plan to include any of the items listed below.

a) Site Plan meeting the requirements of Article 15 of this Zoning Ordinance;
b) Landscape Plan meeting the requirements of Article 15 of this Zoning Ordinance;
c) Building Elevations meeting the requirements of Article 15 of this Zoning Ordinance;
d) Preliminary Drainage Study;
e) Grading Plan;
f) Traffic Study;
g) Utility Plan;
h) Soils/Geologic Report; and
i) Preliminary Construction Plans for Required Public Improvements.

SECTION 4. Section 17-18-4 of the Lakewood Zoning Ordinance is amended to read as follows:

17-18-4. NOTICE OF HEARING.

(1) No Site Specific Development Plan shall be approved until after noticed public hearing before the Planning Commission and City Council have been held. The Planning Commission and the City Council shall follow the notice procedures set forth in Section 17-17-4(1) of this Zoning Ordinance. Such notices and hearings may, at the City's option, be combined with the notice and hearings for the types of plan approval set forth in the definition of Site Specific Development Plan found in Section 17-2-2 of the Lakewood Zoning Ordinance.

(2) A Site Specific Development Plan shall be deemed approved upon the effective date of the Ordinance relating thereto. Within 14 days following such approval, a notice describing generally the type and intensity of use approved, the specific parcel or parcels of property affected, and stating that a vested property right has been created shall be published once in a newspaper of general circulation within the City.

SECTION 5. Section 17-18-8 of the Lakewood Zoning Ordinance is amended to read as follows:

No approval of any site plan, or other land use plan, by the City, other than a Site Specific Development Plan approved pursuant to this Article, shall be deemed to vest a property right pursuant to Article 68, Title 24, C.R.S., as amended.

SECTION 6. A new Section 17-18-9 is added to read as follows:

17-18-9. FEES. City Council may by Resolution establish fees to cover the costs of processing a Site Specific Development Plan.

SECTION 7: 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 27th 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 30th day of November, 2006; set for public hearing on the 11th day of December, 2006, read, finally passed and adopted by the City Council on the 11th day of December, 2006, and, signed and approved by the Mayor on the 12th day of December, 2006.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

APPROVED AS TO FORM:
Roger Noonan, City Attorney

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