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HomeMy WebLinkAbout08/20/200911 41 1, City of W heat Ridge PLANNING COMMISSION AGENDA August 20, 2009 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on August 20, 2009, at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. 1. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 5. APPROVAL OF MINUTES - August 6, 2009 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) 7. PUBLIC HEARINGS A. Case No. ZOA-09-03: An ordinance amending Chapter 26 concerning parking regulations. B. Case No. ZOA-09-05: An ordinance amending Chapter 26 regarding off-street parking requirements. 8. NEW BUSINESS 9. OTHER ITEMS 10. ADJOURNMENT City of l W heat Midge PLANNING COMMISSION Minutes of Meeting August 6, 2009 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair REINHART at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29`h Avenue, Wheat Ridge, Colorado. 2. 3. ROLL CALL OF MEMBERS Commission Members Present: Commission Staff Membe. Henry Holler Dick MattheN Davis Reinha Jim Chilvers Steve Timms E OF ALLEGIANCE Sally Payne, Senior Planner Adam Tietz, Planner I Ann Lazzeri, Recording Secretary 4. APPROVE THE ORDER OF THE AGENDA It was moved by Commissioner DWYER and seconded by Commissioner HOLLENDER to approve the order of the agenda. The motion passed unanimously. 5. APPROVAL OF MINUTES - June 18, 2009 It was moved by Commissioner MATTHEWS and seconded by Commissioner DWYER to approve the minutes of June 18, 2009 as presented. The motion passed unanimously. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes 1 August 6, 2009 There was no one present to address the Commission. 7. 8. PUBLIC HEARING A. Case No. ZOA-09-04: An ordinance amending Chapter 26 pertaining to residential dumpsters. This case was presented by Adam Tietz. He entered all pertinent documents into the record and reviewed the staff report and digital presentation. The proposed ordinance relates to size, screening and storage locations of dumpsters for single and two-family dwelling units. The ordinance represents the general consensus reached by City Council during two different study sessions. Commissioner BRINKMAN suggested that these changes to the code be published in the Wheat Ridge Connections.' There were no members of the public present. Chair REINHART closed the public hearing. It was moved by Commissioner Commissioner BRINKMAN to i amending Section 26-614 of the residential trash dumpster regu. carried 6-0 with Commissioners -conded by of an ordinance Ridge Code of Laws concerning (Case No. ZOA-09-04.) The motion VERS and TIMMS absent. NEW BUSINESS A. Resolution 02-2009, finding a proposed redevelopment plan for the Interstate 70 Corridor between 32"a Avenue and Kipling Street and the Kipling Corridor between Interstate 70 and 26th Avenue is in conformance with the Wheat Ridge Comprehensive Plan. This item was presented by Sally Payne. She reviewed the processes which led to development of the I-70/Kipling Corridors Urban Renewal Plan. She presented an overview of the Plan which was prepared by Leland Consulting Group. Staff reviewed the Plan and believes it to be in conformance with the 2000 City of Wheat Ridge Comprehensive Plan. The Plan review also considered conformance with the Envision Wheat Ridge Comprehensive Plan Update project that is nearing completion to ensure consistency of the document. Planning Commission is charged with making a determination of the Urban Renewal Plan's conformance with the Comprehensive Plan. Commissioner BRINKMAN noted that there were inconsistencies in the report. Page 19 lists a blight factor not listed on page 13. Page 13 also states that "......defective or unusual conditions of title rendering the title non-marketable, Planning Commission Minutes 2 August 6, 2009 was not investigated." Later in the document, it mentions that City Council had seen conditions of title. Commissioner MATTHEWS asked if residences were included in the Plan area. Ms. Payne stated that there are two apartment complexes in the area. In response to another question from Commissioner MATTHEWS, Ms. Payne stated that a decision was made to leave the urban renewal plan that includes the truck stop on 44th Avenue as a separate plan and not incorporate it into the subject plan. Commissioner DWYER asked for clarification about the thirty-day time period for Planning Commission to make a determination. Ms. Payne explained that state statute states that the Planning Commission must respond within thirty days. In response to a question from Commissioner DWYER, Ms. Payne explained that the Northwest Subarea Plan and Neighborhood Revitalization Strategy were adopted as part of the Comprehensive Plan. Commissioner REINHART a., property values have been affe blighted area. Ms. Payne expl; development process and were increased by to urban renewal including emi Aaff was aware of any instances where a negative way by being located in a gat property owners were involved in the lly in support of the plan. -d that property values are actually . renewal area. There are benefits that are urban renewal area. concern about several issues associated domain. Commissioner REINHART commented that it seems most of the community realizes that urban renewal is a vehicle for improving rather than degrading properties. Sally Payne commented that any development plans in an urban renewal area would be subject to public hearing processes. Commissioner DWYER commented that the Comprehensive Plan of 2000 has stated a goal of preserving open space and the rural character of the city, specifically the west area of town, and asked how the urban renewal plan would not present a conflict. Commissioner BRINKMAN commented that changing conditions must also be considered when determining compliance with the Comprehensive Plan. Planning Commission Minutes 3 August 6, 2009 Sally Payne stated that when staff works with the Comprehensive Plan and subarea plans, focus is placed on the goals and policies and the Future Land Use Map for guidance in making land use decisions. The NRS doesn't specifically address the western portion of the city but does encourage development along major corridors. 9. Commissioner MATTHEWS commented that when the area west of I-70 was annexed and rezoned, it found to be consistent with the Comprehensive Plan. Commissioner DIETRICK also expressed some concern about the power of eminent domain in urban renewal; however, with checks and balances, urban renewal is an effective tool. Sally Payne stated that the proposed plan includes very standard language. There have also been changes in state law concerning eminent domain powers that hold communities to a high standard. Commissioner MATTHEWS commented that friendly condemnation provides substantial tax benefits for a property owner. Commissioner REINHART commented that he believes that urban renewal is a beneficial tool and there are laws in place to prevent public abuse. It was moved by Commissioner MATTHEWS and seconded by Commissioner BRINKMAN that the Planning Commission finds a proposed redevelopment plan for the Interstate 70 corridor between 32"d Avenue and Kipling Street and the Kipling corridor between Interstate 70 and 26th Avenue is in conformance with the Wheat Ridge Comprehensive Plan. Commissioner BRINKMAN offered a friendly amendment as follows: The inconsistencies in the plan as to the number offactors be corrected. The amendment was accepted by Commissioner MATTHEWS. The motion carried 6-0 with Commissioners CHILVERS and TIMMS absent. OTHER ITEMS There were no other items to come before the Commission. Planning Commission Minutes 4 August 6, 2009 10. ADJOURNMENT It was moved by Commissioner DWYER and seconded by Commissioner HOLLENDER to adjourn the meeting at 8:22 p.m. The motion carried 6-0. Planning Commission Minutes 5 August 6, 2009 Davis Reinhart, Chair Arm Lazzeri, Secretary City of Wheatl dge PLANNING COMMISSION COMMUNITY DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: August 20, 2009 TITLE: An ordinance repealing and reenacting Section 26-501 of the Wheat Ridge Code of Laws - Off Street Parking and Loading CASE NO. ZOA-09-03 ❑ PUBLIC HEARING ® CODE CHANGE ORDINANCE ❑ RESOLUTION ❑ STUDY SESSION ITEM Case Manager: Ken Johnstone, Director of Community Development Date of Preparation: August 14, 2009 SUMMARY: Revising the City's parking regulations is on the "short term list" within the larger zoning code amendment project. The overall goal of this code amendment project is to encourage redevelopment and reinvestment and make the City more "open for business." The overall goal of this proposed ordinance is to comprehensively rewrite Section 26-501 such that it achieves the following objectives: Allow for reasonable reuse of existing buildings and sites along our commercial corridors that may not meet current parking standards Create more flexibility in regards to the amount of required parking by allowing for greater shared parking and other parking reductions Better organize the parking section of the code to make more readable, including providing more and better graphic illustrations Based on the extent of the revisions being proposed, the ordinance has been drafted to be a complete repeal and reenactment of Section 26-501. BACKGROUND: The City's parking regulations are typical of our suburban counterparts in the Denver metro area. Because the community is largely developed, our opportunities for revitalization and reinvestment often relate to reuse of existing buildings and site and small infill redevelopment opportunities. The amount of parking that is required and how it is designed play important roles in what can and cannot be achieved on these types of sites. This code amendment process has been embarked upon with the goals in mind of 1) being "open for business", and 2) encouraging revitalization and reinvestment along our commercial corridors. At the outset of the process of developing this draft ordinance, 14 other communities along the Colorado Front Range were researched in regards to their parking regulations. That research has been a reference point for portions of the code revisions being proposed. In researching other jurisdiction, staff was identifying creative ways to look at shared parking, parking reductions and parking flexibility. We were also looking to ensure that our minimum requirements were not greatly in excess of our peer communities. The proposed ordinance was reviewed by the Planning Commission at your April 16 study session. Comments and suggestions provided at that meeting are reflected in the proposed ordinance. STATEMENT OF THE ISSUES: The proposed ordinance would repeal and reenact Section 26-501 of the Code of Laws (Off Street Parking and Loading). An annotated version of the proposed ordinance is attached to this report. Some of the more significant changes being proposed include the following: Applicability of Standards for New Development and Redevelopment o Staff and applicants have historically had difficulty with the applicability of the parking regulations on existing lots - and as Wheat Ridge is primarily built-out this includes most properties. o For example, at what point does an expansion or a change in use trigger compliance with current standards? What specific standards must be complied with at what level of expansion? o Under the revised applicability section, staff has suggested much more specific language addressing various situations. Shared Parking o The current code has limited allowances for shared parking - that is where an applicant either cannot or does not provide the number of parking spaces that the code requires. o Currently, an applicant may enter into a shared parking agreement to use parking spaces within 300' of the property but there is little guidance as to when and where this is appropriate. o Staff has added a new section for these provisions with much more detail, with the intent of providing more guidance for all involved to allow for shared parking where appropriate. Parking Reductions o Staff has drafted a new section that provides the option for applicants to reduce their required number of parking spaces in certain situations. The current code does not allow any reductions, other than processing a variance to the standards. This new section would provide "by right" reduction allowances. o A table has been drafted that sets forth the allowed reductions. In general, they are based on proximity to transit, provisions for bicycle parking, and other situations an applicant may opt into to reduce their number of required parking spaces. 2 o Criteria for evaluating these requests have been provided to help ensure that issues like spillover parking and impacts on traffic are not created. Bicycle Parking o Bicycle parking represents a relatively low cost to development, yet can be effective in encouraging alternative modes of transportation. o Staff has recommended requiring modest bicycle parking standards with varying standards by location and land use. o Where not required, incentives for bicycle parking come in the form of allowed reductions in vehicle parking with bicycle parking. o Exemptions have been provided for uses that would likely not have a demand for bicycle parking (e.g., car washes, motor fueling stations, etc.) Miscellaneous Changes o Overall better user friendliness - more headers, tables, and better structure. Graphics will also be added for key items. o Consolidated vehicular access and parking lot landscaping provisions. Currently, these standards are scattered throughout this section and in the overall code. o More detailed vehicle stacking requirements - for drive through uses, car washes, etc. o Relocated residential parking standards - Section 26-621 of the current code sets forth these standards related to the parking of commercial and recreational vehicles and trailers on residential property. Staff has recommended placing these standards into the overall parking section and improved the organization. The direction received from the Planning Commission at the April 16 study session has been incorporated into the draft being presented for August 20. A few additional policy questions remain, which include the following: 1. Based on research of comparable jurisdictions, we are proposing to reduce the parking requirement for medical and dental offices from 1 space per 150 SF to 1 space per 200 square feet. Medical office uses has the potential to increase in demand in Wheat Ridge, in part as a spin off from the Exempla expansion. We do not want the parking requirement to become an impediment to encouraging those quality jobs to locate in the City. 2. Parking that requires vehicles to back out over public sidewalks or onto public streets is not allowed in the current code. While that is generally a good standard, there may be instances on some of our challenging infill redevelopment sites (such as along 38th or 44th Avenues), where such a design is difficult to avoid and can be safely accommodates in some manner. Staff has proposed language that would allow exceptions to be granted by the Director of Public Works. RECOMMENDED MOTION: "I move to recommend approval of Case # ZOA-09-03, an ordinance repealing and reenacting Section 26-501 of the Wheat Ridge Code of Laws pertaining to off street parking and loading, for the following reasons: 1. The proposed ordinance provides a balanced approach to providing the right amount of parking; 2. The proposed ordinance encourages the use of alternative modes of transportation; 3. The proposed ordinance will allow for greater flexibility in the re-use of existing buildings and sites and will encourage revitalization along the City's commercial corridors; and 4. The proposed ordinance implements the goals of the Neighborhood Revitalization Strategy, which has been adopted as an element of the City's Comprehensive Plan." Or, I move to recommend denial of Case #ZOA-09-03, an ordinance repealing and reenacting Section 26- 501 of the Wheat Ridge Code of Laws pertaining to off street parking and loading, for the following reasons: 1. Exhibits: Draft Ordinance 4 Section 26-501. Off Street Parking and Loading 1 2 In all zoning districts, off-street parking facilities for the parking or storage of self- propelled motor vehicles and/or licensed trailers for the use of occupants, employees and patrons of the buildings, structures or premises hereafter erected, altered, used or extended after the effective date of this chapter shall be provided and maintained as herein prescribed, unless otherwise specifically provided. A. Purpose The purpose of these parking and loading regulations is to: 1. Allow flexibility in addressing vehicle parking, loading, and access issues; 2. Present a menu of strategies to solve parking issues for varying site constraints and conditions throughout the city; 3. Ensure that off-street parking, loading, and access demands associated with development are met without adversely affecting other nearby land uses and surrounding neighborhoods; 4. Lessen congestion upon the public streets in the city; 5. Accommodate and encourage multi-modal transportation usage; and 6. Reduce the visual impact of parking and loading areas from sidewalks, streets, and adjacent residential properties. B. Applicability This section shall apply only to new development, major change of uses 4 (e.g., single-family to office; office to restaurant) or substantial extension or expansion of uses or structures for which a building permit or site use approval is required, established subsequent to the adoption of this provision, unless otherwise specifically provided. 1. Applicability to Existing Uses 5 NOTE: The following is a new, repealed parking section that has been drafted by staff for planning Commission's consideration. In this draft, there are several provisions from the existing code carried forward into a revised, more user-friendly format as noted in footnotes throughout. Generally, the intent of the revisions are to provide clearer, easier to find regulations, as well as provide more flexibility for shared parking and parking reductions. A particular focus of this draft is an emphasis on infill lots that do not meet current parking standards as an obstacle to redevelopment. In these cases, there are better options for shared parking, a parking reduction procedure, and incentives or "trade-offs" for parking reductions allowed outright. In addition the applicability section has been added to for more clarity with existing infill lots as they may redevelop, as this has been historically problematic to administer for staff. Other suggested changes are noted throughout. z NOTE: The following introductory paragraph is taken from Section 26-50 LA of the current code. 3 NOTE: The following is taken from Section 26-501.A of the current code. As the residential parking and paving requirements currently under consideration by the police department and community development move forward, we will incorporate these into this section as needed. a NOTE: This term has been defined per Section 26-501.G. 5 NOTE: The current code really only addresses design standards (surfacing, marking of spaces) rather than amounts required with additions and expansions. It states "if an addition of 25% is required...", but does not specify how this additional parking requirement is calculated for existing development. The new language suggested below better clarifies how many additional spaces are required with redevelopment or a major change in use. This language reflects how multiple jurisdictions handle this issue in Denver metro. Many do not get into this level of detail, but since we have had issues with this in the past, we are a. No existing use or structure shall be deemed nonconforming solely because of the lack of off-street parking (including bicycle parking) or loading requirements prescribed in this section, provided that off-street parking and loading facilities existing on the effective date of this section shall not be reduced in capacity, design, or function to less than the minimum standards prescribed in this section. b. Off-street parking and loading facilities existing on the effective date of this section shall be maintained as long as the use or structure exists, even if the amount of parking or loading spaces does not comply with this section, unless an equivalent number of spaces are provided conforming to the requirements of this section. c. In connection with an existing use, this section shall not require the maintenance of more parking or loading spaces than is required for a new building or use under this section. d. For the purposes of this section, "maintained" shall mean that no off-street parking and loading facility shall be reduced in capacity, design, or function to less than the minimum standards prescribed in this section. 2. Expansions and Increases in Intensity Unless otherwise expressly stated in this section, the off-street parking and loading standards of this section apply when an existing structure or use is expanded or enlarged, through the addition of dwelling units, floor area, seating capacity, employees, or other units of measurement used for establishing off- street parking and loading requirements. Additional off-street parking and loading spaces shall be required only to serve the enlarged or expanded area, not the entire building or use. Table below sets forth an example for applying this standard: (1 space/300 square feet) _ (1 space/300 square feet for 7 additional spaces required 10 spaces required new development) 17 total spaces required 17 spaces required NOTE: If the existing number of parking spaces is less than the required amount under the current code for new development, this number is used to calculate the proportionate increase required. For example, if there were only 5 existing spaces, then 12 total spaces would be required (5 + 7 additional spaces required with expansion). 3. Major Change of Use Unless otherwise expressly stated in this section, off-street parking (including bicycle parking) and loading facilities shall be provided for any change of use or manner of operation that would, based on the off-street parking schedule or the off-street loading schedule, result in a requirement for more parking or loading suggesting more detail here. There are also the options of incremental increases in square footage or value added corresponding to the parking, requiring full compliance over a certain percentage (e.g. 15%) of increased value or square footage, or keeping it the way it is. 2 spaces than the former use. Additional parking or loading spaces shall be required only in proportion to the extent of the change, not for the entire building or use and only for 75% of the additional parking required by the change in use. Table - below sets forth an example for applying this standard: TABLE : Example of Number of Required Parking Spaces for Major Change of Use 3,000 square • building conversion to restaurant Existing Office Use Proposed Restaurant Use Required Parking Existing Parking Required Parking for New Proportionate increase in (1 space/300 square feet) = Development: parking = 30 additional 10 spaces (1 space/75 square feet) = spaces from existing * 75% 40 spaces = 22.5 (23) 23 totals aces required NOTE: If the existing number of parking spaces is less than the required amount under the current code for new development, this number is used to calculate the proportionate increase required. For example, if there were only 5 existing spaces, then 28 total spaces would be required. 4. Planned Developments In Planned Developments, the amount of off-street parking shall be determined on a case-by-case basis as part of the city's consideration of the planned development application. However, the decision-making body may use the off-street parking and loading requirements of this section as the starting point for determination of the applicable minimum standards. All planned development applications shall include a parking plan according to this section. 5. Applicability of Parking Lot Design Standards to Existing Uses 6 Parking lot design standards shall apply to existing uses as follows: Less than 25 percent Only the following design standards must be met for any new parking areas: • Surfacing; • Handicapped accessible parking; • Sight distance triangle requirements; • Usable parking spaces; marking of spaces; • Truck-tractor/semi-trailer parking; • Parking space and aisle dimensions; and • Use and maintenance of parking areas. • Small car parking may be de 6 NOTE: This table reflects Section 26-501.A (paragraphs 2-3) of the current code but makes the provisions more user-friendly. Combined with the above provisions indicating how much increased parking is needed, more clarity will be provided as to not only the number of additional parking spaces required, but also the standards of the parking lot itself. 6. Additions Affecting Existing Parking 7 Nothing in this section shall prevent extension of, or addition to, a building, structure or use into an existing parking area provided the same amount of parking spaces taken by the extension or addition is provided by an enlargement of the existing parking area, or if additional parking is found elsewhere in accordance with these regulations herein, and provided the total number of spaces required for all uses on the lot are met. 7. Parking plan required a All plans for the construction of any parking facility, excluding those for single and two-family dwellings, must be approved by the director of community development or his designee and a miscellaneous building permit issued before construction is started. No such land shall be used for parking until approved by the director. The plan must contain the following minimum information: a. Number, location and size of parking stalls. b. Widths of aisles and islands. c. Location of landscaping areas and type of landscaping, including size, species, and number as required in Section d. Type of surfacing. e. Scale and north arrow. f. Location of streets, curb cuts and property boundaries. g. Traffic directional arrows, signage and markings. h. Loading areas. i. Drainage provisions. J. Location and direction of proposed lighting. k. Location, height, and type of walls or fences to be constructed. C. Shared Parking 1. Purpose The purpose of these shared parking regulations is to provide the option for users near one another that have different peak parking demands or different operating hours to share off-street parking facilities to: a. Encourage the efficient use of land and resources; 7 NOTE: The following is taken from Section 26-501.C.1 of the current code, relocated to a more logical place and given a revised heading (from just "additions" previously). 8 NOTE: The following is taken from Sec. 26-501.C.13 of the current code. 4 b. Reduce development costs while not adversely affecting traffic patterns and creating minimal spillover parking; c. Allow more complimentary forms of development; and d. Help reduce the amount of land devoted to parking while providing a sufficient number of spaces. 2. Shared Parking Standards a. Calculation The number of shared parking spaces for two or more distinguishable land uses shall be determined by using the following procedure: i. Step 1: Calculate the number of parking spaces required for each individual land use as set forth in Table (Schedule of Off Street Parking) ii. Step 2: Multiply the required number of parking spaces from Step 1 by the percentages in each of the six time periods in Table below. iii. Step 3: For each time period, add the number of spaces required for all applicable land uses to obtain a total for each of the six time periods. iv. Step 4: Select the time period with the highest total parking requirement and use that the total as the shared parking allowance. TABLE Shared Parking Mat Uses rix M-F Sam-Spm M-F 6pm- 12am M-F 12am- Gam Sat. & Sun. Sam-Spm Sat. & Sun. 6pm-12am Sat. & Sun. 12am-ham Residential 60% 100% 100% 80% 100% 100% Office/ Warehouse /Industrial 100% 20% 5% 5% 5% 5% Commercial 90% 80% 5% 100% 70% 5% Hotel 70% 100% 100% 70% 100% 100% Restaurant 70% 100% 10% 70% 100% 20% Movie Theater 40% 80% 10% 80% 100% 10% Entertainment 40% 100% 10% 80% 100% 50% Conference/Convention 100% 100% 5% 100% 100% 5% Institutional (non-church) 100% 20% 5% 10% 10% 5% Institutional (church) 10% 5% 5% 100% 50% 5% b. Shared Parking Procedure i. Mixed Occupancy on Single Parcel or Building In the case of mixed uses on a single parcel or within a single building, the Community Development Director may approve a shared use of parking in accordance with Table above, (Shared Parking Matrix). ii. Off Lot Shared Parking 9 a) Shared Parking Agreement 9 NOTE: The following (a-b) language is taken from Sec. 26-501.C.4 of the current code. 5 In the case of off lot shared parking where the off lot site is owned by others, a written agreement between the city, the owner who shall provide the additional parking, and the owner of the property seeking the parking shall be entered into. Said agreement shall be recorded as a deed restriction and shall specify the number and location of the parking spaces. Approval of said agreement by the city shall consider the impact of the parking on adjacent or nearby residential properties. Said agreement may be terminated only if adequate onsite or offsite parking space is provided through other means as approved by the director of community development. The agreement shall be recorded with the Jefferson County Clerk and Recorder's Office and shall be enforced until all three (3) parties sign a release. b) Location of Off Lot Shared Parking 10 Off-lot parking may be used provided said parking area is within three hundred (300) feet of the nearest point on the structure or use for which the parking is intended to serve and the off-lot parking is a permitted use as listed in the Table of Uses for the zone district in which the off-lot parking will be located. In no instance shall said off-lot parking be located across an arterial street as defined in the comprehensive plan. c) Off Lot Shared Parking Pedestrian Access 11 All parking spaces for any off lot shared parking shall have direct pedestrian access to the main entry of the building or use they are intended to serve as determined by the Community Development Director. d) Miscellaneous Shared Parking Provisions 12 The total requirements for off-street parking facilities may be utilized as the sum of the requirements for each of the various uses computed separately. i) Off-street parking facilities for one (1) use shall not be construed as providing required parking for any other use except as provided for under planned developments, or under a shared parking arrangement as approved by the Community Development Director in accordance with this subsection. ii) In no instance may required handicapped accessible parking spaces be provided off lot as part of a shared parking agreement. Ili) In no instance may on-street parking be utilized as part of a shared parking agreement. to NOTE: The following is taken from Sec. 26-501.C.4.b of the current code, with the last sentence being added to restrict off-lot shared parking where pedestrians would have to cross a busy street. 11 NOTE: The following is proposed new language to ensure the off lot parking areas are accessible. 12 NOTE: The first two provisions here are taken from 26-501.0 of the current code for mixed occupancy and collective parking. 6 D. Parking Reductions 1. Parking Reductions by Right 13 The Community Development Director may grant a parking reduction not to exceed 25% of the required number of vehicular parking spaces as set forth below without a variance process. Only one of the following options may be applied to any one development: PARK ING REDUCTIONS Only • of the following m ay be utilized per development Standard Reduction Allowed Bicycle parking 1 vehicular space for every 2 bicycle parking spaces beyond what is mandatory per Section 26-501.E.4. up to a maximum of a 10% total reduction in vehicular parking spaces. Property located within 1/4 mile of a 25% transit station 14 Property located within 500 feet of 10% a transit bus stop with 20 minute peak service No parking areas located between 10% any part of the building and the public right-of-way Surfacing 10% when an existing parking area with an unimproved surface is improved to comply with Section 26- 501.E.12. Structured Parking 10% Motorcycle and Scooter Parking 1 vehicular space for every 2 motorcycle and/or scooter spaces. 2. Parking Reduction Criteria Parking reductions may only be granted by the Community Development Director upon finding that the proposed reduction: a. Will create minimal spillover parking onto adjacent property or public rights-of-way; b. Will not adversely affect traffic circulation patterns on or off site; and c. Will promote quality urban design equally or better than a plan that strictly complies with the standards in this section. 13 NOTE: The following is new language. Staff has suggested adding a menu of options for parking reductions, where either the city gets something in return or there are geographic considerations. a NOTE: Staff will work to better define transit stations versus bus stops if we decide to move forward with these reduction allowances. 7 The Community Development Director may require a traffic generation study prepared by a professional engineer in order to determine that the criteria in above have been met. 3. Parking Reductions - Variance Procedures The Community Development Director may grant a parking reduction of up to 50% of the required number of vehicular parking spaces in accordance with the variance procedures in Section 26-115.C of this code. Parking reductions exceeding 50% shall be taken to the Board of Adjustment in accordance with the procedures set forth in Section 26-115.C.3 of this code. E. Standards 1. General Provisions a. Planned development (PRD, PCD, PID, PHD) is In planned developments, except for unified shopping centers over one hundred thousand (100,000) square feet of floor area provided for below, parking shall be considered with regard to the standards set forth in this section for the various use requirements. Where it is desired to share the parking spaces between two (2) or more uses, the regulations set forth in Section 26-501.C (Shared Parking) shall be used to determine the appropriate shared parking arrangements. b. Mixed occupancy and collective parking 16 In the case of mixed uses on a single parcel or within a single building, or of collective parking for several buildings or uses on two (2) or more parcels, except for shopping centers over one hundred thousand (100,000) square feet, the total requirements for off-street parking facilities shall be the sum of the requirements for each of the various uses computed separately. Off-street parking facilities for one (1) use shall not be construed as providing required parking for any other use except as provided for under planned developments. Unified shopping centers with over one hundred thousand (100,000) square feet of total combined floor area, which may be either in a single structure or several structures within a single unified development, and which may include various kinds of uses, shall be required to provide a minimum parking ratio of four (4) spaces per one thousand (1,000) square feet of total combined gross leasable floor area unless a shared parking arrangement may be made in accordance with Section 26-501.C (Shared Parking). c. Location of parking areas 17 1S NOTE: The following is generally taken from Section 26-501.C.2 of the current code, with language added referencing the new shared parking provisions in this section. We have simplified the language to simply reference the underlying code for planned developments in calculating required parking. 16 NOTE: The following is taken from Section 26-501.C.3 of the current code, with language added referencing the new shared parking provisions in this section. 17 NOTE: The following is generally taken from Sec. 26-501.C.4 of the current code, with subsections ii-iii being new. Subsection ii below has been revised to reference the new shared parking provisions, and the other shared parking language from this section in the current code has been relocated to the shared parking provisions as well. Subsection iv is taken from Sec. 26-501.D.21 of the current code. 8 i. Off-street parking facilities for any use shall be provided and located on the same lot as the use or uses they are intended to serve except as provided for herein. ii. If sufficient parking spaces cannot be accommodated on the lot for any use, off-lot parking may be used in accordance with Section 26-501.C (Shared Parking). iii. Additional requirements for location of parking requirements may exist in the adopted Architectural and Site Design Manual. iv. Multifamily parking lots. Parking for multifamily development shall not be placed within the minimum front yard setback. Where parking is to be placed within a side or rear yard which is adjacent to a public street, a landscape buffer of at least ten (10) feet is required. d. Parking of recreational vehicles, travel trailers, and pickup-mounted campers. 18 I. In all zone districts, the use of recreational vehicles, travel trailers, and pickup-mounted campers for living quarters is prohibited except in approved RV parks. ii. Parking of such vehicles in an approved RV park shall be limited to a maximum of thirty (30) days within the same RV park. iii. Additional restrictions for the parking of such vehicles are set forth in Section 26-501.F. 2. Summary Table 19 TABLE INSET: TABLE : Schedule o f Required Off Street Parking Use Amusement/recreational enterprises such as swimming pools, skating rinks, health clubs, Requirement 1 space per each 2 persons based on designed use or spas, etc. occupant capacity Boarding and rooming house 1 space per guest room Bowling alleys 4 spaces per lane plus 1 space per each employee Churches 20 1 space per each 4 seats in main assembly area Congregate care center 0.75 space per each bedroom plus 1 space for each employee on maximum shift Drive-in restaurants (excluding drive-up windows) 21 1 space per 100 square feet of floor area 18 NOTE: The following is taken from Section 26-501.C.5 of the current code. 19 NOTE: The following table is taken from Sec. 26-501.F of the current code. 20 NOTE: This number is fairly consistent with APA's Parking PAS report. 21 NOTE: The stacking requirements for drive thru uses have been incorporated into the table in Sec. 26- 501.E.10 below. 9 TABLE : Schedule o U f Required Off Street Parking se Eating and drinking establishments or similar places of assembly 22 Requirement 23 1 space per 100 square feet of floor area Educational institutions (public or private): 1 space per each classroom or each 20 students, --Elementary schools whichever is greater, plus 1 space for each teacher and administrative staff 1 space per each 10 students or 1 space per each 5 seats --Junior high schools in auditorium or main assembly area, whichever is greater 1 space per each faculty or staff plus 1 space per each 5 --Senior high school students or 1 space per each 5 seats in an auditorium or assembly area, whichever is greater --Colleges, universities, vocational, trade or 1 space per each faculty or staff plus 1 space per each commercial schools 100 square feet of class room area Elderly group home 0.5 space for each elderly occupant, plus the standard residential dwelling requirement Fleet or business-related parking 1 space for each company related vehicle in addition to employee and customer parking Funeral homes or mortuaries 1 space per 100 square feet of floor area open for public use Golf courses (9 or 18 hole and 3 par) 2 spaces per hole plus 1 space per employee on maximum shift Hospitals, nursing homes or other similar uses 1 space per each 5 beds plus 1 space for each employee on maximum shift 1 space per guest room plus parking for associated uses Hotels and motels 24 such as restaurant or lounge, based on their requirements, plus 1 space per employee on maximum shift Laboratories 1 space per 300 square feet of floor area Libraries, museums, galleries 1 space per 300 square feet of floor area 22 NOTE: Research from comparable jurisdictions show us slightly higher than most for this category. 1/100 - 1/200; or 1/3 to 4 seats seems to be more the norm based on the research and the American Planning Association's (APA) parking report. Staff has proposed a modest decrease in required parking here from 1/75 to 1/100. 23 NOTE: Staff has removed the term "gross leasable area" from this use in favor of "floor area". The reason is that the term "floor area" is defined in Section 26-501.G as excluding areas not open to the public (restrooms, closets, etc.). With this, staff can work with these uses to potentially reduce the required number of parking spaces. 24 NOTE: This parking requirement is relatively consistent with APA's parking PAS report and surrounding jurisdictions. 10 TABLE 1 Required 1 Street Parking Use Requirement Lumber yards 1 space per 200 square feet of floor area in main sales building Manufacturing, processing, assembly or similar 1 space per 500 square feet of floor area industrial uses 1 space per 200 square feet of floor area where 50% or more of a building is to be used for medical or dental Medical and dental offices and clinics 25 offices or clinics; when less than 50% of a building is used for medical/dental offices or clinics, the same standard as for retail, office and service establishments apply Miniature golf, driving range, skeet or archery 1 space per hole or platform plus 1 space per employee range on maximum shift Motor fueling stations, repair garages, tire 1 space per employee on maximum shift plus 2 spaces stores, car wash, etc. per bay or stall Multifamily elderly housing, exclusively 1.25 spaces for each 1 bedroom unit devoted for persons 60 years or older 1.5 spaces per 2 bedroom unit if parcel is 1 acre or larger, or 1.75 spaces per 2 bedroom unit if parcel is less than 1 acre; 2.0 spaces per 3 bedroom unit; 2.5 spaces per 4 or more bedroom unit Multifamily residential 26 1.5 spaces per 1 bedroom unit 2.0 spaces per 2 or 3 bedroom unit 2.5 spaces per 4 or more bedroom unit Plus 1 additional space for each 10 spaces shall be required as designated visitor parking. Such visitor parking shall not be used by residents for personal parking nor for storage of utility or recreation vehicles. New single- and two-family residential: --With street parking 2 spaces per dwelling unit (including enclosed garage spaces) --Without street parking 4 spaces per dwelling unit (including enclosed garage spaces) 25 NOTE: From the research, the average on the low end for this use is 1:200. The proposed ordinance has been revised to change the standard from 1:150 to 1:200. 26 NOTE: The city's multifamily residential parking standards appear to be consistent with surrounding jurisdictions and those set forth in APA's parking PAS report. 11 TABLE : Schedule o U f Required Off Street Parking se Requirement 1 space per 600 square feet of area devoted to warehouse or work area (maximum of 75% of total Office/warehouse area) plus 1 space per 300 square feet of retail, wholesale or office area (minimum of 25% of total area) Places of public or private assembly, such as community buildings, clubs, lodges, auditoriums, stadiums, gymnasiums: (a) For assembly rooms over 500 square feet auditoriums and stadiums: --With fixed seats 1 space per each 4 seats --Without fixed seats 1 space per 100 square feet of floor area or ground area used for seating (b) For offices, activity rooms or meeting 1 space per 300 square feet of floor area rooms Post offices and public buildings or uses, if not 1 space per 300 square feet of floor area plus 1 space for otherwise listed each agency owned vehicle 1 space per each faculty or staff member plus 1 off- Preschools, daycare, nurseries street loading/unloading space per each 8 students or children plus 1 parking space for each bus or van operated by the child care facility Residential group homes for youths 18 years 2 spaces per home with street parking or 4 spaces per and younger home without street parking plus 1 space per each eight beds Retail or wholesale principally of large items such as furniture, large appliances, floor 1 space per 300 square feet of floor area covering, etc. 1 space per 200 square feet of first floor area plus 1 Retail, office and service establishments space per 300 square feet for all floors other than first floor Sale or rental of new and used cars, mobile 1 space per 1,000 square feet of lot area plus 1 space per homes, portable buildings, recreational vehicles, employee on maximum shift campers and boats Tennis and racquetball courts or other court 2 spaces per court plus 1 space per employee on games maximum shift Theaters 1 space per each 3 seats plus 1 space per employee on maximum shift 12 Notes: (1) Wherever the word "person," "student" or "employee" is used as a unit of measure, the requirement shall be based upon the maximum designed use or occupant capacity. (2) For operations which contain more than one (1) use category (e.g. motel/restaurant), the director of community development shall require parking computed by using the "mixed occupancy" provisions in Section 26-501.E.2; however, the director may allow for up to fifty (50) percent reductions in parking for secondary uses where it is clearly shown that maximum parking demand peaks will not coincide. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1288, 1, 2, 5-12-03; Ord. No. 1348, § 2, 7-11-05) 3. Uses not specified 28 In the case of a use not specifically mentioned, the requirements for off-street parking facilities for a similar use shall be determined by the director of community development based upon comparison to similar uses. His decision may be appealed to the board of adjustment. 4. Bicycle Parking 29 a. Applicability 30 i. Bicycle Parking Required 31 27 NOTE: These standards are generally consistent with surrounding jurisdictions and APA definitions for parking. The new shared parking provisions and parking reduction procedures would allow for some flexibility to get this number lower. 28 NOTE: The following is taken from Sec. 26-50 I.D. 14 of the current code. 29 NOTE: Staff has suggested adding some modest bicycle parking standards. Anecdotal research showed that about half of Denver area jurisdictions have mandatory bike parking, including Lakewood, Arvada, and Golden. The intent of these provisions is to mandate bicycle parking for nonresidential and multifamily development where there is proximity to existing or future bicycle facilities and public transit and providing incentives for bicycle parking where not mandatory. 30 NOTE: As it is written now, the applicability provisions in Sec. 26-501.13 of this section will apply to for bicycle parking as well, unless we wish to specify that bike parking is only required for new development or substantial expansions. 31 NOTE: In order to provide some flexibility and not mandate that all uses need bike parking, I have suggested the following language so that bike parking is only required in areas served by bike parking facilities, or in proximity to transit. This should cover a large portion of the city, but there may be some exceptions (e.g., I-70 corridor). 13 Bicycle parking as set forth in Section 26-501.E.4.b.below (bicycle parking standards) shall be required for all nonresidential and multifamily uses as follows: a) All properties located within 500 feet of the right-of-way boundary or trail centerline of an existing or proposed bicycle route from the adopted City of Wheat Ridge Bike & Pedestrian Route Master Plan. b) All properties located within 1/4 mile of a transit station or transit bus stop that provides 20 minute peak hour service. c) All applicable properties set forth in Table (schedule of required bicycle parking spaces) below. ii. Bicycle Parking Optional For all other properties that do not fall under the geographic conditions in subsection i above, bicycle parking is optional, and may be used to reduce the required number of vehicular parking spaces set forth in Section 26- 501.E.4.b.iii below. b. Standards L Bicycle Parking Design Standards a) The required bicycle rack is the "inverted U" type, or other type approved by the Community Development Director. Each inverted U bicycle rack shall count as two bicycle parking spaces. b) Bicycle parking facilities shall include provisions for storage and locking of bicycles in secure racks, or equivalent installation, in which the user may lock both the bicycle frame and wheels to the rack. c) Parking for bicycles shall be provided on site, and bicycle parking areas shall be well-lighted and located as near to the building or facility entrance as possible but not more than fifty feet (50') away, and shall not interfere with pedestrian traffic. d) If possible, bicycle parking areas should utilize already existing weather protected areas such as building overhangs. e) If bicycle and automobile parking areas or accessways abut each other, a physical barrier between the bicycle parking area and the automobile parking or drive areas shall be provided to prevent the possibility of bicycle-motor vehicle collisions. f) Bicycle facilities required by this section shall be maintained for the duration of the use requiring such facilities, and shall not be used for other purposes. ii. Number of Required Bicycle Parking Spaces 32 Bicycle parking spaces shall be provided at a rate of 5 percent of the required vehicular parking spaces, but not less than 2 spaces, unless otherwise specified below in Table 3' NOTE: FYI the average cost of one inverted U type bicycle parking space is $75-$100 according to the Wisconsin Bicycling Federation. 14 Table Schedule f Required Bicycle Parking Spaces [1] Use Number • Required Bicycle Parking S Funeral homes or paces None. mortuaries Motor fueling stations, repair garages, tire stores, car wash, etc. Drive-up windows providing services to occupants in vehicles Educational institutions One (1) bicycle parking space for each (public or private) twenty (20) students Amusement/recreational One (1) bicycle parking space for each enterprises such as twelve (12) persons capacity swimming pools, skating rinks, health clubs, spas, etc. Transit bus stop with 20 Two (2) bicycle parking spaces for each minute peak service transit bus stop. Public Transit Station One (1) bicycle parking space per each ten (10) parking spaces required for motor vehicles, but not less than twenty (20) spaces. All other nonresidential 5 percent of the required vehicular parking and multifamily uses spaces, but not less than 2 spaces [1] The number of required bicycle parking spaces in this table shall not be considered to be in addition to any other required numbers of bicycle -parking spaces. iii. Vehicular Parking Space Reductions for Bicycle Parking Spaces The number of required motor vehicle parking spaces may be reduced at the ratio of one motor vehicle parking space for each two bicycle parking spaces, up to a maximum reduction of ten percent of the required motor vehicle parking spaces in accordance with Table above. 5. Surfacing 33 For all uses other than single-family dwellings in agricultural zone districts, areas subject to wheeled traffic for access, parking, sales or storage, shall be properly graded for drainage and on-site detention of storm runoff. These areas shall be surfaced with concrete, asphalt or brick pavers. For one- or two-family dwellings, the first twenty-five (25) feet of driveway area from the existing edge of 33 NOTE: This surfacing language is repeated from the existing code. It will need to be updated to reflect any changes that occur as result of the pending ordinance regarding off-street parking surfacing requirements. 15 pavement into the site shall be surfaced with concrete, asphalt, brick pavers or similar materials. The auxiliary storage of motorized or non-motorized vehicles cannot occur within six (6) feet of the front property line. The storage area must be hard surfaced and must be built so that the materials used as to the parking surface stays contained within the parking pad (with the use of concrete curbs, railroad ties, etc). 6. Parking Area Landscaping Parking area landscaping shall be provided as set forth below. Landscaping in off street parking areas shall be counted towards the minimum total landscaped area required by Section 26-502. a. Landscape buffering for parking and loading areas 34 i. Adjacent to low- or medium-density residential Whenever a parking lot or loading area boundary adjoins property zoned for low- or medium-density residential use, or if zoned agricultural but developed as residential, a landscape buffer of six (6) feet from said lot boundary shall be required. Within the six-foot landscape buffer, a six- foot-high view-obscuring fence, decorative wall or landscaped hedge with a natural height of six (6) feet shall be provided. In addition, grass or other acceptable groundcover or trees and/or shrubs shall be planted within the landscape buffer areas as approved by the director of community development through a landscape plan. ii. Between public right-of-way and structure(s) When a parking lot or loading area is placed between the public right-of- way and the structure(s), a screening of the parking area shall be established between the right-of-way and the parking area. This view- obscuring screen shall be composed of live plantings, berms, fences or walls, or a combination thereof. The height of the screening shall be subject to the sight distance triangle requirements. See Section 26-603. Also see Section 26-502.D.3.c.2 regarding landscape buffers on nonresidential property.35 b. Landscaped Islands in Parking Areas 36 The intent of the requirements for landscaped islands in larger parking areas is to break up groups of parking spaces within the parking area to minimize the aesthetic impacts of large, uninterrupted parking areas. i. All parking areas in excess of thirty (30) spaces shall have at least one (1) interior landscaped island per thirty (30) spaces. Each such landscaped island shall occupy the equivalent of one (1) parking space (minimum) and each such required island shall be landscaped with a minimum of one 34 NOTE: The following is taken from Sec. 26-502.E of the current code. We have added provisions that both parking and loading areas must meet these requirements. These provisions are currently in the landscaping section. We suggest consolidating all parking lot landscaping provisions into one section. 35 NOTE: This last sentence is new, referencing the required 10 foot landscape buffer in this section for all nonresidential property on the city's commercial corridors. 36 NOTE: The following is taken from 26-501.D.2 of the current code. 16 (1) two-inch caliper tree or larger and four (4) shrubs or accepted groundcover. ii. At the discretion of the owner, and with approval of the director of community development, based upon the intent and purpose of this section, an acceptable alternative to individual islands would be the equivalent aggregate landscaped area developed in larger islands or as interior divider strips. iii. Parking lot islands shall be irrigated with an automated sprinkler and have raised concrete curbs. iv. No landscaping within landscaped islands may obstruct visibility for vehicles entering, maneuvering in, or exiting the parking lot. 7. Parking Area Lighting 37 a. All lighting shall be in accordance with Section 26-503 of the Code of Laws. b. Any lighting used to illuminate any off-street parking area shall not have a negative impact on the surrounding area. c. The light source shall be indirect, diffused or shielded type fixtures, installed to reduce glare and the consequent interference with adjacent streets and adjoining residential properties. d. Fixtures shall be attached to a building or mounted on poles and shall be in accordance with the requirements of Section 26-503. 8. Off Street Loading 38 a. Loading space shall be provided at a rate deemed necessary by the owner. Loading shall not occur from any public street, major interior drive, nor occupy or intrude into any fire lane or required parking spaces. Where possible, loading docks must be located on the site so as not to be viewed from major roads, access ways, or residentially zoned property. b. The typical dimensions of an off-street loading space are twelve (12) feet wide by forty (40) feet long, with a minimum vertical clearance of fourteen (14) feet. A minimum maneuvering aisle width of forty (40) feet shall be provided behind the off-street loading space. These dimensions may be altered by the public works director based on the specific needs of the business and anticipated volumes of use. c. No loading space shall be located in any front setback area, nor shall it permit any vehicle to extend into any front setback area or across any lot line of a more restrictive district while being loaded or unloaded. d. In no instance shall a passenger loading area be considered an off-street loading area for the purposes of this subsection. 9. Handicapped Parking For all uses other than one- and two-family dwellings, parking shall be provided for the handicapped at the minimum rate consistent with the following table. The 37 NOTE: The following is taken from Sec. 26-501.D3 of the current code, with subsection a being new for clarification. 38 NOTE: The following is taken from Sec. 26-501.D.5 of the current code, with subsection c being new. 17 minimum width of an accessible parking space shall be eight and one-half (8 1/2) feet with an adjacent accessible aisle with a minimum width of five (5) feet. Two (2) accessible parking spaces may share a common aisle. Said spaces shall have a minimum access aisle length of twenty (20) feet. TABLE INSET: Handicapped Parking Total Number of Off-Street Spaces Required 1--25 Number of Handicapped Spaces t 26--50 2 51--75 3 76--100 4 101--150 5 151--200 6 201--300 7 301--400 8 401--500 9 501-4,000 2% of total spaces required >1,000 20 plus 1 for each 100 over 100 One (1) in every six (6) accessible spaces, but not less than one (1), shall be designated "van accessible" and shall be a minimum of eight (8) feet in width and shall be served by an access aisle a minimum of eight (8) feet in width. "Van accessible" spaces may also be a minimum of eleven (11) feet in width with a minimum access aisle width of five (5) feet in accordance with ANSI 117.1 - Accessible and Usable Buildings and Facilities. a. Signage; location; etc. Each handicapped space shall be marked with a freestanding sign containing the International Symbol of Accessibility and shall be a minimum of 60 inches above the floor of the parking space, measured to the bottom of the sign. Signage for van accessible spaces shall contain the designation "van accessible". The International Symbol of Accessibility shall also be painted on the pavement. Said parking space shall be located as near to the entrance of the use as practically possible and shall be so designed (unless it is impossible to do so) that circulation between the vehicle and the building entrance shall not involve crossing any area used for vehicular circulation. The total number of spaces provided for the handicapped shall be included in the total number of parking spaces otherwise required by this section. 18 10. Drive-Thru and Vehicle Stacking Requirements 39 Stacking spaces shall be a minimum of eight and one-half (8 1/2) feet width and eighteen (18) feet long and shall not double as a circulation driveway, maneuvering area or off-street parking space. Stacking spaces shall be required as set forth in Table below. Table : Minimum Land Use Number of V Minimum Stacking Spaces ehicle Stacking Spaces Measured From Bank, drive-thru 3 per, up to a total of 9 required Teller or window Automated teller machine 3 Teller machine Restaurant, drive-thru 6 Order box Restaurant, drive-thru 4 Order box to pick u window Car wash stall, automatic 6 Entrance Car wash stall, self service 2 Entrance Automobile service station 2 From end of line of pumps Drive-in liquor stores 3 Pick u window Drive-in dry cleaners 3 Pick up window Other 4 Pick up window 11. Parking Space and Aisle Dimensions 40 The following table establishes the minimum parking lot space and aisle dimensions for full-size and compact automobiles. TABLE INSET: Minimum Parking Standards 39 NOTE: The following introductory paragraph is taken from Sec. 26-501.1).19 of the current code. There are minimal regulations in the current code regarding the number required, so staff has suggested the following. We have also defined this term in Sec. 26-501.G below . '0 NOTE: The following is taken from Sec. 26-501.D.20 of the current code. 19 The following diagram illustrates typical parking stall layout for full-sized and compact cars in accordance with the above standards: FIGURE 26-501.1 TYPICAL PARKING STALL LAYOUT 20 FIGURE 26-501.2 SAMPLE PARKING LOT CONFIGURATION FOR COMBINATION FULL SIZE AND COMPACT CARS 12. Miscellaneous 41 a. Auxiliary Storage of Vehicles The auxiliary storage of motorized or non-motorized vehicles cannot occur within six (6) feet of the front property line. The storage area must be hard surfaced and must be built so that the material used as to the parking surface stays contained within the parking pad (with the use of concrete curbs, railroad ties, etc). b. Usable parking spaces Any parking stall which is unusable due to maneuverability difficulties or does not have clear access into and out of its parking space shall not be considered in the count of the total number of available parking spaces on the property. Double- loaded spaces (parking where one (1) vehicle blocks another) are considered unusable. c. Back-out parking 42 Except for one- and two-family dwellings, all parking areas shall be designed so that vehicles exiting from the parking area will not be required to back out across any public sidewalk or public right-of-way, unless an exception has been granted by the Director of Public Works. d. One-way traffic flow Parking which is designed for one-way traffic shall be clearly indicated as such by the use of a sign or arrow designating the direction of traffic flow and by the words "one-way." e. Marking of parking spaces Parking spaces shall be marked and maintained on the pavement and any other directional markings/signs shall be installed as required by the city to ensure the approved use of space, direction of traffic flow and general safety in accordance with the approved parking plan. f. Parking lot design standards for truck-tractors and/or semi-trailers 43 Where it is desired to park truck-tractors and/or semi-trailers as regulated by Sections 26-618 and 26-619, a parking plan shall be submitted which shows the location, extent and size of the proposed truck-tractor and semi-trailer parking, and which indicates proposed screening, lighting, landscaping, circulation, type of paving, and any other feature which will help the planning commission, city council and staff to evaluate the proposal and potential impacts. The following minimum standards shall be used in designing such parking lots: 41 NOTE: The following provisions are taken from various parts of Sec. 26-501 of the current code, with minor changes as noted. 32 NOTE: Staff has added language to allow the Public Works Director to grant exceptions to this, in anticipation that there may be extenuating circumstances for certain redevelopment applications, such as on 38`h and 44`' Avenues, where existing parking violates this provision. 43 NOTE: The following is taken from Sec. 26-501.D.12 of the current code. 21 TABLE INSET: Dimensions: (1) Tractor only: Length 25 Width 12 Aisle width 28 (2) Trailer only: Length 40 Width 12 Aisle width 40 (3) Combo tractor and trailer: Length 70 Width 12 Aisle Width 40 i. All parking and circulation areas shall be paved to acceptable engineering standards with bituminous concrete or portland concrete. ii. Each parking stall shall be supplied with an electrical outlet to permit vehicles to be connected to electricity while parked. iii. Unattended truck-tractors shall not be allowed to idle. iv. The use of standard automobile parking spaces and/or circulation aisles for truck-tractor and/or semi-trailer parking or circulation is prohibited. g. Fractions When units of measurements determining number of required parking spaces result in the requirement of a fractional space, any fraction shall require one (1) parking space. h. Small car parking In parking lots with thirty (30) spaces or more, twenty (20) percent of the required parking spaces may be designated for small or compact cars; provided, that small car parking area or spaces shall be clearly labeled or otherwise distinguished from full-sized parking areas or spaces. i. Bumper, curb and wheel stops 44 To ensure the proper maintenance of these facilities, parking areas shall be designed so that a parked vehicle does not overhang the public right-of-way, 44 NOTE: We suggest adding that parked vehicles may not overhang onto adjacent property, as well as onto streets and sidewalks. 22 public sidewalk, or adjacent property. A permanent curb, bumper, wheel stop or similar device shall be installed which shall be adequate to protect the right-of- way, sidewalk, or adjacent property from vehicular overhang and to protect any structure from vehicular damage. If such protection is provided by means of a method designed to stop the wheel rather than the bumper of the vehicle, the stopping edge shall be placed no closer than two (2) feet from the edges of the public right-of-way, sidewalk or building. A parked vehicle may overhang a landscape area up to two (2) feet. Such landscaped area must be low maintenance and may be included as a part of the length of the parking stall. j. Restrictions on the use of nonresidential parking areas No parking area shall be used for the sale, storage, repair of, dismantling or servicing of any vehicles, equipment, materials or supplies. This shall not apply to vehicles on sales lots and does not preclude emergency repairs to a motor vehicle. For automotive repair facilities, vehicles stored on the property in excess of seventy-two (72) hours for the purpose of being repaired must be screened from view from adjacent streets and properties by a six-foot high solid fence. k. Multifamily parking lots Parking for multifamily development shall not be placed within the minimum front yard setback. Where parking is to be placed within a side or rear yard, which is adjacent to a public street, a landscape buffer of at least ten (10) feet is required. 1. Use and maintenance of parking area For all uses, including one- and two-family dwelling uses, parking of vehicles shall be limited to those areas specifically developed for parking and shall not be permitted within landscaped areas, designated fire lanes, loading zones, or other areas not designed and developed for parking. All parking and drive areas shall be maintained so as to prevent unsafe, muddy, dusty, weedy, or unsightly or blighting conditions. The provisions of these subsections 1. and in. shall apply to both existing and future conditions. m. Appeal/variances and waivers to standards Variances and waivers to parking requirements shall be processed as a variance pursuant to Section 26-115, unless otherwise specified in this section. F. Vehicular Access as Vehicular access to any property shall be controlled in such a manner as to protect the traffic-carrying capacity of the street upon which the property abuts, as well as to protect the value of the adjacent property. 1. Driveway Connections to Street a' NOTE: The following access standards are taken from various standards throughout the current Sec. 26- 501 and reorganized for user-friendliness. 23 For one- or two-family dwellings, the first twenty-five (25) feet of driveway area from the existing edge of pavement into the site shall be surfaced with concrete, asphalt, brick pavers, or similar materials. For all uses, driveway connections with the public street must be paved between the property line and the existing edge of asphalt of the street. 2. Spacing of Vehicle Access a. For all uses other than one- and two-family dwellings, no vehicle entrances or exits may be closer than twenty-five (25) feet to any property line except when used for joint access for two (2) or more lots. b. For all uses other than one- and two-family dwellings, vehicle entrances or exits on the same lot shall be spaced at not less than 100-foot intervals. The 100-foot spacing shall be measured from the interior edge of both access points. c. For all uses, corner lots shall have no vehicular entrances or exits located closer than twenty-five (25) feet from any two (2) intersecting street rights-of- way, except on arterial or major collector streets such distance shall be fifty (50) feet. 3. Curb Cut Widths a. Residential Zone Districts In all residential districts, curb cuts for property access shall be not less than ten (10) feet and not more than twenty-four (24) feet in width. b. Commercial and Industrial Zone Districts Curb cuts in commercial and industrial districts shall not be more than thirty- five (35) feet in width when serving an individual property and shall not in any instance be less than twenty (20) feet. c. Joint Curb Cuts A joint curb cut, one (1) which serves more than one (1) property, may not exceed forty-five (45) feet in width. 4. Number of Access Points a. For all uses, one (1) access point per property ownership will be permitted, unless a site plan or traffic study approved by the city shows that additional access points are required to adequately handle driveway volumes and will not be detrimental to traffic flow on adjacent public streets. b. In cases where it is possible to provide one (1) access point which will serve adjacent properties or where adherence to these requirements would leave a parcel of property without vehicular access, curb cut setback or spacing requirements may be reduced or enlarged so as to permit a single vehicular access point if approved by the public works director. c. Low-density residential uses are permitted to have "horseshoe-shaped" driveways provided that the public street accesses are thirty (30) feet apart at the closest point (interior edges). d. The public works director may approve a modification to or waiver to the vehicle access standards and requirements stated in this subsection 4., based 24 upon consideration of traffic characteristics, both on and off of the site, with the primary purpose of preserving public safety. G. Residential parking. 46 1. Parking of Commercial Vehicles In residential zone districts, the parking of trucks, vans, buses or licensed trailers which are used for commercial purposes, whether the commercial enterprise is conducted from the home or conducted elsewhere, is prohibited except as permitted by this section. An occupant of a dwelling may park, or allow the parking of, no more than one (1) truck or van which is used for commercial purposes upon the premises or confined to the street frontage of the lot in question; provided, however, that such vehicle does not exceed a one-ton chassis. Parking of trailers which are used for commercial purposes is prohibited on any public right-of-way. 2. Parking of Recreational Vehicles and Trailers a. Maximum Number Allowed In residential zone districts, a maximum of two (2) of any the following vehicles may be parked outside upon property owned or rented by the vehicle owner, provided the vehicle owner resides on the property: i. Recreational vehicle ii. Trailer upon which are stored personal recreational vehicles b. Exemptions From Maximum Number Allowed Recreational vehicles or trailers are exempt from this two-vehicle limitation provided the vehicles or trailers are stored in the area between the side property line and the side wall of the structure and the back property line and the back wall of the structure, provided both of the following are met: i. The vehicles or trailers are less than six (6) feet in height, and ii. The vehicles or trailers are not visible from the public right-of-way as a result of being stored behind a solid fence six (6) feet in height, a structure, or vegetation which completely screens the vehicle from view from the public right-of-way. In determining if a trailer is exempt or not exempt from the provisions of this subsection B, the height of the trailer will depend upon whether the trailer is loaded or not. A trailer that is exempt in an unloaded condition shall not be considered exempt in a loaded condition if the trailer plus load exceeds six (6) feet in height. 3. Location of Recreational Vehicles and Trailers a. Restrictions Adjacent to Streets Only one (1) such recreational vehicle or trailer may be stored in the area between the street and all walls of the structure facing the street. Such vehicles or trailers must be parked six (6) feet or more inside the front property line. For corner lots, the one (1) vehicle restriction shall apply to 46 NOTE: We have suggested consolidating the residential parking provisions from Sec. 26-621 of the current code into the main parking section for user-friendliness. Staff has not proposed any changes to this section. 25 both areas between the street and the walls of the structure facing the street. Any vehicle or trailer lying partially between the street and the front walls of the structure shall be considered to be parked or stored in the front yard. Where it is difficult to determine the public right-of-way boundary due to lack of curb, gutter and/or sidewalk, or survey markers, such boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb. Where a sidewalk exists, such boundaries shall be presumed to be two (2) feet from the outside edge of sidewalk. For the purposes of this subsection 3.a, permanent or temporary carports, frame covered structures, tents, or other temporary structures shall not be used to store or conceal such recreational vehicles or trailers in excess of the maximum number permitted. b. Side and Rear Setbacks Recreational vehicles or trailers stored in a side yard need not meet any setback requirements. Recreational vehicles or trailers exceeding six (6) feet in height stored in a back yard must meet the side and rear yard setback requirements for accessory structures for the zone district in which the recreational vehicle or trailer is stored. Recreational vehicles and trailers less than six (6) feet in height stored in a back yard do not need to meet rear and side yard setbacks. c. Parking in Rights-of-Way i. In residential zone districts, detached trailers and recreational vehicles are prohibited from parking in public rights-of-way; however one (1) recreational vehicle or one (1) trailer may be parked within public street rights-of-way for a period up to seventy-two (72) hours, provided they are attached to the towing vehicle. Moving the towing vehicle and/or the trailer to another location in the right-of- way does not extend or restart the seventy-two-hour period. ii. In residential zone districts, where it is desired to maintain such a restricted vehicle either within six (6) feet of a public street on private property or within a lawful parking area on a public street abutting the front of the property in excess of seventy-two (72) hours, the property owner may obtain a temporary parking permit from the planning and development department. Such temporary parking permit shall be for a time period not to exceed fourteen (14) days and no more than one (1) such permit shall be issued each six (6) months for the same vehicle. The issuance of a temporary permit is for the purpose of parking only and not for any other activity. The permit must be placed upon the inside windshield or side window on the driver's side so as to be visible for inspection. d. Miscellaneous Recreational Vehicle and Trailer Regulations i. Pickup Truck-Mounted Campers Pickup truck-mounted campers, when mounted upon pickup trucks, are not subject to these parking restrictions except that such camper shall not be used for permanent or temporary living quarters. Nothing in this section will be construed to restrict or limit parking 26 of any vehicle so described upon private property so long as said vehicle is parked in accordance with the limitations of this section and provided that sight distance triangle requirements of section 26- 603 are met. ii. Surfacing of Areas for Recreational Vehicles and Trailers Areas which are used to store or park allowed recreational vehicles or trailers shall be of an improved surface consisting of concrete, asphalt, brick pavers, gravel at least six (6) inches in depth, or similar materials. If gravel is used, the parking or storage area must be built to that the material used for surfacing stays contained with the storage or parking area with the use of concrete curbs, railroad ties, landscape timbers, or similar materials. iii. Parking of Recreational Vehicles and Trailers on Multi-Family Property The storage of recreational vehicles or trailers is permitted upon multi-family residential properties where the owner of the vehicle resides upon the premises, and where such vehicle or vehicles do not displace parking spaces required to meet the minimum vehicular parking requirement for the property as set forth herein for multifamily residential land uses. 4. Variances to Residential Parking Standards Any vehicle or trailer owner may apply for a variance to the restrictions contained in subsections 2a, 3a, and 3b in accordance with the procedures for requesting a minor variance as provided in subsection 26-115 C 1 of this Code, whether or not the requested variance is within the ten (10) percent limitation. Should objections be received from the adjacent property owners, the community development director shall schedule the request for a public hearing before the board of adjustment according to the noticing procedures contained in subsections 26-109 B, C and D. Requests for variances under this subsection J shall not be charged a fee if the request is filed by December 31, 2004. Any variance granted by either the community development director or the board of adjustment shall be a grant of the variance to the property owner only. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1265, § 2, 9-23-02; Ord. No. 1271, § 2, 12- 10-02; Ord. No. 1288, 1, 2, 5-12-03; Ord. No. 1318, § 1, 3-22- H. Definitions 47 1. Floor area Floor area shall mean the gross interior floor area of the entire building or portion of building devoted to a specific use or uses, less the following areas: • Mechanical/utility rooms. 47 NOTE: Numbers 1-5 are taken from Sec. 26-501.B of the current code, while numbers 7-10 are proposed new definitions for clarity. Staff has suggested placing these definitions at the back of this section. Additional definitions for "hard surfaced" and "residential driveway" will be added if the pending ordinance regarding surfacing requirements is approved. 27 • Restrooms. • Elevators, stairwells. • Show windows. • Hallways. • Common areas. • Kitchen areas. For the purpose of estimating parking requirements where detailed calculations for the above-stated exceptions are lacking, it will be assumed that such excepted space covers no more than ten (10) percent of gross floor area. 2. Gross leasable area The total interior floor area designed for tenant occupancy and exclusive use and includes both owned and leased area, but excludes common mall areas not designed for specific use such as pedestrian circulation, common physical plant and maintenance areas. 3. Hospital bassinets In hospitals, bassinets shall not be counted as beds. 4. Seating In places of public or private assembly in which patrons or spectators occupy benches, pews or other seating facilities, each twenty (20) inches of seating facility shall be counted as one (1) seat for the purpose of determining requirements for off-street parking facilities under this chapter. 5. Street parking Street parking shall mean parking spaces which are available within the public streets immediately adjacent to a one- or two-family residential lot or development, excluding areas designated as no parking zones. For each one- or two-family dwelling, two (2) street parking spaces shall be provided. In cases where street parking does not add up to two (2) parking spaces per dwelling unit, the difference shall be made up on the lot or development. 6. Unified shopping center A principally retailed facility which may also include service and office-type uses in a single main structure, and ownership or common control elements exist so that the entire development functions as a unit. 7. Stacking spaces A stacking space is an area for motor vehicles to line up in while waiting to go through a drive-through facility, or within a designed drop-off or pick-up zone. 8. Major change of use 48 48 NOTE: The following is a suggested new definition to clarify this currently undefined term. 28 For the purposes of this section, a major change of use shall be considered any use that requires an increased number of required off street parking spaces from the prior use. 9. Drive through and vehicle stacking space 49 A stacking space is an area for motor vehicles to line up in while waiting to go through a drive-through facility, or within a designed drop-off or pick-up zone. 10. Low- or medium-density residential For the purposes of this section, low- or medium-density residential shall be considered any property zoned residential. Only planned residential developments with densities greater than 12 dwelling units per acre shall be considered high density residential. Sec. 26-621. Residential parking. [repealed] 19 NOTE: New definition proposed. 29 City of WheatN dge PLANNING COMMISSION CoMNwnrm DEV►.►_orti,EN r LEGISLATIVE ITEM STAFF REPORT MEETING DATE: August 20, 2009 TITLE: An Ordinance amending Section 26-501 concerning residential off-street parking surfacing requirements CASE NO. ZOA-09-05 ❑ PUBLIC HEARING ® CODE CHANGE ORDINANCE ❑ RESOLUTION ❑ STUDY SESSION ITEM Case Manager: Ken Johnstone, Director of Community Development Date of Preparation: August 14, 2009 SUMMARY: Section 26-501 of the Code of Laws establishes citywide regulations for off street parking. The Code establishes a wide range of requirements, including for example: • the number of spaces required for different uses; • drive aisles and parking space dimensional requirements; and • surfacing requirements. The specific issue at play in this proposed ordinance relates to what should be required for existing residential properties in regards to the surfaces where vehicles may be parked. As discussed below in the "background" section of this report, the direction received has been to craft code language that would make it enforceable to require that vehicles not be parked on certain unimproved surfaces, including front yard and landscaped areas. BACKGROUND: Over the past year, some concern has been expressed with vehicles being parking on unimproved surfaces (yard areas) in residential districts. The Community Services Team in the Police Department determined that no violations were occurring based on the following code references. While Section 26-501(D) of the Code of Laws establishes specific surfacing requirements for off-street parking, Section 26-501(A) (Scope), limits the enforcement of that section of the Code by exempting existing residential development. The parking regulations generally only apply to new development, substantial changes in use or substantial expansions of existing uses. The City Attorney's office has confirmed that the existing Code limits our ability to enforce a parking surface requirement on existing residential properties. Based on direction received at City Council and joint City Council/Planning Commission study sessions on January 5, 2009, April 20, 2009 and July 6, 2009, there was consensus that the parking of vehicles in yards or landscaped areas or on compacted dirt was not in keeping with the desired high quality residential image for the City. The parking of vehicles in this manner is aesthetically unpleasing, detrimental to residential property values and has the potential to track dirt and mud onto City streets and as a result negatively affect storm water quality. For these reasons, staff was directed to craft an ordinance that would not allow parking in residential front yards on certain unimproved surfaces, including grass, compacted dirt, etc., to be enforced in the short term. Council Bill No 21-2009 was introduced by City Council on first reading on August 3, 2009 and the public hearing was set for August 24, 2009. STATEMENT OF THE ISSUES: The proposed ordinance amends Chapter 26, Article V, Subsections 26-501(A) and (B) of the Code of Laws by prohibiting the parking of vehicles on landscaping or compact dirt surfaces unless those surfaces are residential driveways. The Ordinance also defines residential driveway" and "hard surface", which previously were not defined in the Code. All proposed changes to Chapter 26 of the Code of Laws require review by the Planning Commission, with a recommendation to be forwarded to City Council. Additionally, the Ordinance prohibits vehicles from being parked on unimproved soft surface areas, such as yards, landscaped areas or compacted dirt surfaces, unless those areas meet the definition of residential driveway. In crafting the ordinance in this manner, the intent was to recognize that it could be costly to replace an existing soft surface driveway with the newly defined hard surface materials, so existing driveways that exist prior to August 31, 2009 are exempt from the new hard surface requirements. However areas that do not meet the definition of residential driveway that are being used for parking, must be either improved to an approved hard surface or the parking be discontinued. RECOMMENDED MOTION: "I move to recommend approval of Council Bill 21-2009, an ordinance amending section 26-501 of the Wheat Ridge Code of Laws concerning residential off-street parking surfacing requirements, for the following reasons: 1. The parking of vehicles on unimproved surfaces including yards, landscaped areas and compacted dirt in residential districts has a negative affect on the community image and property values. 2. The parking of vehicles on said unimproved surfaces also can lead to the tracking of dirt and mud onto public streets, resulting in potential damage to the street, cleanup costs for the City and a decrease in the storm runoff water quality. 3. The proposed ordinance defines a reasonable off-street parking surfacing requirement for all existing residential development within the City. Or, 2 "I move to recommend disapproval of Council Bill 20-2009, for the following reasons: 1. 2. Exhibits: Council bill 20-2009 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SANG Council Bill No. 21-2009 Ordinance No. Series of 2009 TITLE: AN ORDINANCE AMENDING SECTION 26-501 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING OFF-STREET PARKING SURFACE REQUIREMENTS. WHEREAS, the City of Wheat Ridge (the "City"), acting through its City Council (the "Council"), has authority to enact ordinances for the protection of public health, safety and welfare; and WHEREAS, exercising this authority, the Council has previously enacted Chapter 26, Article V, Section 26-501 of the Wheat Ridge Code of Laws (the "Code") concerning off street parking requirements; and WHEREAS, Subsection 26-501(D) requires certain materials to be used for parking surfaces in off-street parking areas throughout the City but has limited application and does not apply to existing residences through an exemption in Subsection 26-501(A); and WHEREAS, concern has been expressed that vehicles are being parked off-street at existing residences on unimproved soft surfaces like yards or other landscaping materials; and WHEREAS, Council, in responding to this concern, finds that it is necessary to prohibit the parking of vehicles on landscaping or other soft surfaces in residential areas; and WHEREAS, Council finds that some existing residences have driveways that consist of soft surfaces and have existed in such a manner for a significant period of time and that requiring those residents to update their driveways to hard surfaces would be cost prohibitive and therefore finds that an exemption is appropriate; and WHEREAS, Council finds that all other residential off-street parking should consist of hard surfaces that can bear the weight for the storage of vehicles; and WHEREAS, Council finds that amending Subsections A and B of Section 26-501 to incorporate these changes will protect the health, safety and welfare of the citizens of Wheat Ridge. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Subsection (A) of Section 26-501 of the Wheat Ridge Code of Laws is hereby amended as follows: Sec 26-501. Off-street parking requirements A. Scope. In all zoning districts, off-street parking facilities for the parking or storage of self propelled motor vehicles and/or licensed trailers for the use of occupants, employees and patrons of building, structures or premises hereafter erected, altered, used or extended after the effective date of this chapter shall be provided and maintained as herein prescribed, unless otherwise specifically provided. This section shall apply only to new development, major change of uses (e.g. single family to office; office to restaurant) or substantial extension or expansion of uses or structures for which a building permit of site use approval is required, established subsequent to the adoption of this provision, PROVIDED, HOWEVER, IN RESIDENTIAL DISTRICTS ON AND AFTER AUGUST 31, 2009, IT SHALL BE UNLAWFUL TO PARK MOTOR VEHICLES IN AREAS MEETING THE DEFINITION OF LANDSCAPING AS DEFINED IN SEC. 26-502, ON UNCONTROLLED WEEDS, OR ON COMPACTED DIRT SURFACES, UNLESS SUCH SURFACES MEET THE DEFINITION OF RESIDENTIAL DRIVEWAY AS DEFINED HEREIN AND SAID DRIVEWAYS EXISTED PRIOR TO AUGUST 31, 2009. If an increase of less than twenty-five (25) percent in parking area is needed as a result of a change of use or substantial extension or expansion of uses or structures, the new parking area shall be required to meet only the following design standards: surfacing; sight distance triangle requirements; usable parking spaces; marking of spaces; truck-tractor/semi-trailer parking; small car parking; parking space and aisle dimensions; and use and maintenance of parking areas. If an increase of twenty-five (25) percent to fifty (50) percent in parking area is needed as a result of a change of use or substantial extension or expansion of uses or structures, the new parking area shall meet all design standards as required by subsection O D., of this section. If an increase of more than fifty (50) percent in parking area is needed as a result of a change of use or substantial extension or expansion of uses or structures, all parking areas shall come into conformance with the design standards as required by subsection G D., of this section. Section 2. Subsection (B) of Section 26-501 of the Wheat Ridge Code of Laws, setting forth definitions relative to off-street parking requirements, is hereby amended by the addition of two new definitions, to be numbered 7 and 8, to read in their entirety as follows: 7. RESIDENTIAL DRIVEWAY. AN AREA PROVIDING DIRECT ACCESS FROM A PUBLIC OR PRIVATE STREET OR ACCESS EASEMENT AND LEADING DIRECTLY TO A GARAGE OR OTHER HARD SURFACE MOTOR VEHICLE PARKING AREA AND NOT EXCEEDING THE WIDTH OF THE GARAGE DOOR OR DOORS OR THE WIDTH OF THE MOTOR VEHICLE PARKING AREA BY MORE THAN TWO FEET ON EITHER SIDE. 8. HARD SURFACE. DURABLE AND DUSTLESS MATERIALS DESIGNED TO BEAR THE WEIGHT LOAD FOR THE STORAGE OF MOTOR VEHICLES, INCLUDING CONCRETE, ASPHALT, COMPACTED CRUSHED STONE, COMPACTED GRAVEL, RECYCLED ASPHALT, OPEN AND CLOSED PAVERS, INCLUDING TURF BLOCK PAVERS AND OTHER SIMILAR MATERIALS. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect on August 31, 2009 as authorized by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 3rd day of August, 2009, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for August 24, 2009, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of '2009. SIGNED by the Mayor on this day of 2009. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: August 6, 2009 Second Publication: Wheat Ridge Transcript Effective Date: