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ORDINANCE: O-2009-32
SUBJECT: Amending Article 17-16 of the Lakewood Municipal Code regarding the effects of acquisitions for, or construction of, public projects.
ADDRESS: N/A
RECOMMENDATION: Approval of the Ordinance amending Article 17-16 of the Lakewood Municipal Code. The Planning Commission by a vote of 5 to 0 recommended approval of the Ordinance at its June 3, 2009 meeting.
FUNDING SOURCE: N/A
SUMMARY AND BACKGROUND OF SUBJECT MATTER: Public projects can sometimes lead to property being out of conformity with setback requirements, minimum lot size, or other zoning standards. The City has long had an ordinance, Section 17-16-9 of the Municipal Code that attempts to reduce the burden of such nonconformities on private property. However, the existing ordinance is cumbersome and creates uncertainty for property owners.
The imminent construction of the RTD light rail line led City staff to review the ordinance with an eye towards declaring most such properties to be legal conforming as well as simplifying the process required to obtain that status. The proposed amendment to Section 17-16 is designed to address both concerns and to eliminate uncertainty about the effects of a partial taking on the application of zoning standards. The Ordinance would also offer similar protection in cases in which property is affected by public projects such as road widenings.
Because RTD is acquiring property for the West Corridor light rail line, Staff is recommending City Council approve the Ordinance with an emergency clause to make the revised ordinance effective as soon as possible.
DATE OF FIRST READING: June 22, 2009
DATE OF SECOND READING: July 13, 2009
ORIGINATED BY: Department of Planning and Public Works
STAFF PERSON RESPONSIBLE: Tim Gelston, Development Review Manager, 303-987-7548
DOCUMENT(S0 ATTACHED: Ordinance 2009-32
Planning Commission Staff Report
SUBMITTED BY:
Jay N. Hutchison, Director of Planning and Public Works
REVIEWED BY:
Joni Inman, Director, Mayor and City Manager’s Office
Michael J. Rock, City Manager
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