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HomeMy WebLinkAboutZOA-05-01INTRODUCED BY COUNCIL MEMBER r,OKFY Council Bill No. 12-2005 Ordinance No. 1348 Series of 2005 TITLE: AN ORDINANCE AMENDING SECTION 26-204 AND SECTION 26-501 C 4 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE LOCATION OF PARKING FACILITIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-204 of the Wheat Ridge Code of Laws is hereby amended as follows: Table of Uses - Residential Uses Notes R-1 R-IA R-1B R-IC R-2 R-2A R-3 R-3A Parking of Shall be allowed P P P P P P P P automobiles of only on lots clients, patients containing non- or patrons of residential or adjacent quasi-public commercial or uses, subject to non-residential Section 26-501 C uses 4 Parking of Shall be allowed S S S S S S S S automobiles of on lots adjacent clients, patients to a business or patrons of only if the adjacent business owner commercial uses also owns the adjacent lot Table of Uses - Commercial and Industrial Districts Uses Notes NC RC C-1 C-2 I Parking of Subject to Section P P P P P automobiles of 26-501 C 4 clients, patients and or patrons of eee"ants of adjacent commercial or non- residential uses distriets Section 2. Section 26-501 C 4 of the Wheat Ridge Code of Laws is hereby amended as follows: 4. Location. a. 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 herein. b. If sufficient parking spaces cannot be accommodated on the lot for any use, 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 pr-eper4y zone a permitted use as listed in the Table of Uses for the zone district in which the off-lot parking will be located. C. In situations where off-lot parking is required and 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. 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 farther 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 section, 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 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to _0 on this 27_th day of June , 2005, 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 July 11, , 2005, 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 8 to 0 , this 11 th day of July 2005 SIGNED by the Mayor on this EST: a ela Y erson ,MA APPRO S O FORM BY CITY ATTORNEY i GERALD DAHL, CITY ATTORNEY 1st Publication: June 30, 2005 2nd Publication: July 14, 2005 Wheat Ridge Transcript Effective Date: July 29, 2005 CITY COUNCIL MINUTES: July 11, 2005 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 12-2005 -AN ORDINANCE AMENDING SECTION 26- 204 AND SECTION 26-501 C. 4. OF THE WHEAT RIDGE CODE OF IF LAWS CONCERNING THE LOCATION OF PARKING FACILITIES. Mayor Cerveny opened the public hearing. Council Bill 12-2005 was introduced on second reading by Mr. Gokey. City Clerk Pamela Anderson assigned Ordinance No. 1348 and read the executive summary. Alan White, Director of Community Development, made the staff presentation. He noted that this is a public hearing and all required notifications were made. Mayor closed the public hearing. Motion by Mr. Gokey to approve Council Bill 12-2005 (Ordinance No. 1348) on second reading and that it take effect 15 days after final publication; seconded by Mrs. Rotola; carried 8-0. ELECTED OFFICIALS' MATTERS At Mr. DiTullio's request, City Attorney Jerry Dahl explained the difference between a public meeting and a social gathering. Meeting adjourned at 7:28 p.m. ~la nderson, City Clerk APPROVED BY CITY COUNCIL ON July 25, 2005 BY A VOTE OF 8 to 0 Lena Rotola, Council President The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. OF WHEgT ITEM NO: ~ o m REQUEST FOR CITY COUNCIL ACTION 00(ORAO va COUNCIL MEETING DATE: July 11, 2005 TITLE: COUNCIL BILL 12-2005, AN ORDINANCE AMENDING SECTION 26-204 AND SECTION 26-501 C 4 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE LOCATION OF PARKING FACILITIES (CASE NO. ZOA 05-01) ❑ PUBLIC HEARING ❑ ORDINANCES FOR 1ST READING (Date: June 27, 2005) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No Community Development Director EXECUTIVE SUMMARY: City Manager The zoning and development code requires that all parking for commercial uses be located on the lot where the use is located. Some flexibility is provided whereby an owner can arrange to have off-lot parking on an adjacent parcel, if the parcel is properly zoned. Currently, parking for adjacent commercial uses is allowed only in C-1, C-2 and I zone districts. There are potentially many parking resources adjacent to commercial uses that are not zoned C-1, C-2, or I. This proposed ordinance does three things: 1) expands the allowance for off-lot parking to the NC and RC zone districts, 2) allows off-lot parking in residential zone districts ONLY where the use is non- residential or quasi-public, and 3) allows off lot parking on residentially zoned property by special use if the property is owned by the adjacent business owner. The proposed ordinance assists in achieving the Council's goal of being prepared for growth and opportunities by providing flexible means to meet development standards. The ordinance also relates to the goal of redeveloping Wheat Ridge city center by providing additional flexibility in meeting parking requirements in areas targeted for revitalization, such as the 38d' Avenue corridor. %"-ci-eng-002\users$\awhite\A l Files\zoning amendments\Shared parking\CAF 2nd mading.doc COMMISSION/BOARD RECOMMENDATION: Planning Commission heard this request at public hearings on May 5, 2005 and June 2, 2005 and recommended approval with modifications. Section 26-501 C 4 b has been modified per the Commission's recommendation. The ordinance allows parking on a residentially zoned parcel by special use if the adjacent business owner also owns the residential parcel. The Planning Commission did not recommend this change, recommending instead that the planned development regulations be modified to allow a request for rezoning to a straight commercial for surface parking. STATEMENT OF THE ISSUES: Parking is one of the difficult development standards to address in revitalizing existing commercial areas in the City. The code requires that all parking be located on the lot where the use is located. Some flexibility is provided whereby an owner can arrange to have off-lot parking with an adjacent use. A parking agreement among the two owners and the City is required. This agreement is recorded in the real estate records of the County so it becomes binding on the parties. The agreement may be terminated when a use changes, for example, and the off-lot parking is no longer needed. Section 26-501 C 4 b requires the off-lot parking to be located in an area properly zoned for such parking. Currently, parking for adjacent commercial uses is allowed only in C-1, C-2 and I zone districts. There are potentially many parking resources adjacent to commercial uses that are not zoned C-1, C-2, or I, such as churches and schools. There are also a few instances where an adjacent parcel could be acquired by a business owner for parking, but the parcel is zoned residentially, not used for quasi-public or non-residential uses, and would need to be rezoned. To rezone the adjacent parcel requires rezoning to a Planned Commercial District (all rezonings for commercial uses require rezoning to planned development, regardless of the size of the parcel), and could take four to six months to complete. The proposed ordinance modifies the current regulations for parking to provide additional flexibility in meeting parking requirements. Fewer paved surfaces in the City may result from allowing this additional flexibility in meeting required parking. ALTERNATIVES CONSIDERED: Do not modify the regulations. Adopt only some of the modifications. FINANCIAL IMPACT: There is no financial impact to the City of adopting this ordinance. " I move to approve Council Bill 12-2005 on second reading and that it take effect 15 days after \\m-ci-eng-002\users$\awhite\All Files\zoning amendments\Shared parking\CAF 2nd reading.doc final publication." Or, " I move to table indefinitely Council Bill 12-2005." Report Prepared by: Alan White, Community Development Director Attachments: 1. Planning Commission Memorandum dated April 28, 2005 2. Planning Commission Memorandum dated May 27, 2005 3. Council Bill 12-2005 \\sr -ci-eng-002\users$\awhite\All FileAzoning amendments\Shared parking\CAF 2nd readingAm City of Wheat Ridge woe ""EgT p Community Development Department m Memorandum c~CORA~~ TO: Planning Commission FROM: Alan White, Community Development Director SUBJECT: Case NO. ZOA 05-01 DATE: April 28, 2005 This Case is ❑ Quasi-Judicial 0 Legislative Parking is one of the difficult development standards to address in revitalizing existing commercial areas in the City. The code requires that all parking be located on the lot where the use is located. Some flexibility is provided whereby an owner can arrange to have off-lot parking with an adjacent use. A parking agreement among the two owners and the City is required. This agreement is recorded in the real estate records of the County so it becomes binding on the parties. It may be terminated if all parties agree. Section 26-501 C 4 b requires the off-lot parking to be located in an area properly zoned for such parking. Currently, parking for adjacent commercial uses is allowed only in C-1, C-2 and I zone districts. There are potentially many parking resources adjacent to commercial uses that are not zoned C-1, C-2, or I, such as churches and schools. The proposed ordinance change does two things: 1) expands the allowance for off-lot parking to the NC and C zone districts and 2) allows off-lot parking in residential zone districts ONLY where the use is non-residential or quasi-public. SUGGESTEED MOTION: "I move to recommend approval of Case No. ZOA 05-01 concerning the location of parking facilities." ATTACHMENT 7 City of Wheat Ridge OF WHEgTP Community Development Department m Memorandum c~[ORA~O TO: Planning Commission FROM: Alan White, Community Development Director SUBJECT: Case NO. ZOA 05-01 DATE: May 27, 2005 This Case is: ❑ Quasi-Judicial 21 Legislative This ordinance was previously reviewed by Planning Commission and recommended for approval with one change. That change has been incorporated into the ordinance. It is back before you because staff wanted to discuss a possible addition to the ordinance. What if this was a scenario: The owner of a business has purchased a parcel in a residential zone district and wants to use it for parking. It contains no other structure or use. It's within 300 feet of the business. Under the modified regulation, the lot cannot be used for parking for the business because the parcel doesn't contain a non-residential or quasi-public use. The question is: Should the new regulation be modified to accommodate this scenario? If so, suggested language is shown in the notes column in the Residential Table of Uses in the proposed ordinance. SUGGESTEED MOTION: "I move to recommend approval of Case No. ZOA 05-01 concerning the location of parking facilities with the modification as proposed by staff." ATTACHMENT 2 INTRODUCED BY COUNCIL MEMBER Council Bill No. 12-2005 Ordinance No. Series of 2005 TITLE: AN ORDINANCE AMENDING SECTION 26-204 AND SECTION 26-501 C 4 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE LOCATION OF PARKING FACILITIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-204 of the Wheat Ridge Code of Laws is hereby amended as follows: Table of Uses - Residential Uses Notes R-1 R-1A R-1B R-1C R-2 R-2A R-3 R-3A Parking of Shall be allowed P P P P P P P P automobiles of only on lots clients, patients containing non- or patrons of residential or adjacent quasi-public commercial or uses, subject to non-residential Section 26-501 C uses 4 Parking of Shall be allowed S S S S S S S S automobiles of on lots adjacent clients, patients to a business or patrons of only if the adjacent business owner commercial uses also owns the ad'acentlot Table of Uses - Commercial and Industrial Districts Uses Notes NC RC C-1 C-2 I Parking of Subject to Section P P P P P automobiles of 26-501 C 4 clients, patients and or patrons of eeouts of adjacent commercial or non- residential uses districts ATTACHMENT 3 Section 2. Section 26-501 C 4 of the Wheat Ridge Code of Laws is hereby amended as follows: 4. Location. a. 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 herein. b. If sufficient parking spaces cannot be accommodated on the lot for any use, 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 preperd. a permitted use as listed in the Table of Uses for the zone district in which the off-lot parking will be located. C. In situations where off-lot parking is required and 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. 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 Revealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining section, 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 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 2005, 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 2005, 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 2005 SIGNED by the Mayor on this day of 2005 GRETCHEN CERVENY, MAYOR ATTEST: Pamela Y. Anderson APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: of WHEAJ ITEM NO: i p m REQUEST FOR CITY COUNCIL ACTION 00(ORA00 +vysLL L~ TJ 1. COUNCIL MEETING DATE: June 27, 2005 TITLE: COUNCIL BILL AN ORDINANCE AMENDING SECTION 26-204 AND SECTION 26-501 C 4 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE LOCATION OF PARKING FACILITIES (CASE NO. ZOA 05-01) ❑ PUBLIC HEARING ® ORDINANCES FOR 1ST READING (Date: June 11, 2005) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No Community Development Director EXECUTIVE SUMMARY: City Manager The zoning and development code requires that all parking for commercial uses be located on the lot where the use is located. Some flexibility is provided whereby an owner can arrange to have off-lot parking on an adjacent parcel, if the parcel is properly zoned. Currently, parking for adjacent commercial uses is allowed only in C-1, C-2 and I zone districts. There are potentially many parking resources adjacent to commercial uses that are not zoned C-1, C-2, or I. This proposed ordinance does three things: 1) expands the allowance for off-lot parking to the NC and RC zone districts, 2) allows off-lot parking in residential zone districts ONLY where the use is non- residential or quasi-public, and 3) allows off lot parking on residentially zoned property by special use if the property is owned by the adjacent business owner. The proposed ordinance assists in achieving the Council's goal of being prepared for growth and opportunities by providing flexible means to meet development standards. The ordinance also relates to the goal of redeveloping Wheat Ridge city center by providing additional flexibility in meeting parking requirements in areas targeted for revitalization, such as the 38 b Avenue corridor. \\srv i- ng-002\users$\awhite\All Files\zoning amendmentAShared parking\CAF 1st reading.dm COMMISSION/BOARD RECOMMENDATION: Planning Commission heard this request at public hearings on May 5, 2005 and June 2, 2005 and recommended approval with modifications. Section 26-501 C 4 b has been modified per the Commission's recommendation. The ordinance allows parking on a residentially zoned parcel by special use if the adjacent business owner also owns the residential parcel. The Planning Commission did not recommend this change, recommending instead that the planned development regulations be modified to allow a request for rezoning to a straight commercial for surface parking. STATEMENT OF THE ISSUES: Parking is one of the difficult development standards to address in revitalizing existing commercial areas in the City. The code requires that all parking be located on the lot where the use is located. Some flexibility is provided whereby an owner can arrange to have off-lot parking with an adjacent use. A parking agreement among the two owners and the City is required. This agreement is recorded in the real estate records of the County so it becomes binding on the parties. The agreement may be terminated when a use changes, for example, and the off-lot parking is no longer needed. Section 26-501 C 4 b requires the off-lot parking to be located in an area properly zoned for such parking. Currently, parking for adjacent commercial uses is allowed only in C-1, C-2 and I zone districts. There are potentially many parking resources adjacent to commercial uses that are not zoned C-1, C-2, or I, such as churches and schools. There are also a few instances where an adjacent parcel could be acquired by a business owner for parking, but the parcel is zoned residentially, not used for quasi-public or non-residential uses, and would need to be rezoned. To rezone the adjacent parcel requires rezoning to a Planned Commercial District (all rezonings for commercial uses require rezoning to planned development, regardless of the size of the parcel), and could take four to six months to complete. The proposed ordinance modifies the current regulations for parking to provide additional flexibility in meeting parking requirements. Fewer paved surfaces in the City may result from allowing this additional flexibility in meeting required parking. ALTERNATIVES CONSIDERED: Do not modify the regulations. Adopt only some of the modifications. FINANCIAL IMPACT: There is no financial impact to the City of adopting this ordinance. RECOMMENDED MOTION: "I move to approve Council Bill on first reading, order it published, set the public \lsrv i-eng-002Wsers$\awhite\All Files\zoning amendments\Shared puking\CAF 1st reading-dm hearing for Monday, July 11, 2005 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication." " I move to table indefinitely Council Bill Report Prepared by: Alan White, Community Development Director Attachments: 1. Planning Commission Memorandum dated April 28, 2005 2. Planning Commission Memorandum dated May 27, 2005 3. Council Bill \\sr -ci-eng-002\users$\awhite\All Files\zoning a mendmentAShared parking\CAF 1st readingAm INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. _ Series of 2005 TITLE: AN ORDINANCE AMENDING SECTION 26-204 AND SECTION 26-501 C 4 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE LOCATION OF PARKING FACILITIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-204 of the Wheat Ridge Code of Laws is hereby amended as follows: Table of Uses - Residential Uses Notes R-1 R-1A R-1B R-IC R-2 R-2A R-3 R-3A Parking of Shall be allowed P P P P P P P P automobiles of only on lots clients, patients containing non- or patrons of residential or adjacent quasi-public commercial or uses, subject to non-residential Section 26-501 C uses 4 Parking of Shall be allowed S S S S S S S S automobiles of on lots adjacent clients, patients to a business or patrons of only if the adjacent business owner commercial uses also owns the ad'acentlot Table of Uses - Commercial and Industrial Districts Uses Notes NC RC C-1 C-2 I Parking of Subject to Section P P P P P automobiles of 26-501 C 4 clients, patients and or patrons of eeeupant& of adjacent commercial or non- residential uses distasts ATTACHMENT 3 Section 2. Section 26-501 C 4 of the Wheat Ridge Code of Laws is hereby amended as follows: 4. Location. a. 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 herein. b. If sufficient parking spaces cannot be accommodated on the lot for any use, 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 preper4yFexed. a permitted use as listed in the Table of Uses for the zone district in which the off-lot parking will be located. C. In situations where off-lot parking is required and 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. 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 section, 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 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 2005, 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 , 2005, 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 2005 SIGNED by the Mayor on this day of 2005 GRETCHEN CERVENY, MAYOR ATTEST: Pamela Y. Anderson APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: 7. PUBLIC HEARING A. Case No. ZOA-05-01: An ordinance amending Chapter 26 of the Wheat Ridge Code s h of Laws concerning the location of parking facilities. This case was presented by Alan White. The proposed ordinance would allow a business owner to purchase a parcel in a residential zone district to be used for parking. Commissioner BRINKMAN suggested that these types of situations might better be addressed through a special use permit process. Alan White explained that parking lots are not included in special permit uses. Commissioner WESLEY recognized that businesses sometimes need an avenue to expand parking but not sure this is the way to do it. Chair McMILLIN commented that the proposed ordinance could weaken the zoning code and that he preferred straight rezoning to commercial to allow parking lots. There were no individuals present to address this case. It was moved by Commissioner STEWART and seconded by Commissioner WESLEY to recommend DISAPPROVAL of Case No. ZOA-05-01 concerning the location of parking facilities with the modification as proposed by staff. The motion passed 7-0 with Commissioner PLUMMER absent. It was moved by Commissioner WESLEY and seconded by Commissioner STEWART to recommend that planned development regulations be modified to allow application for rezoning for surface parking only to a straight commercial application rather than a planned development process. The motion passed 7-0 with Commissioner PLUMMER absent. 8. OLD BUSINESS In light of claims by some individuals that they were not noticed regarding the proposed development west of I-70 near Youngfield, Commissioner WESLEY asked if the city had surveyed other municipalities about their requirements for sending public hearing notices. Chair McMILLIN requested that the city also check with other municipalities regarding the size of signs that are required to be posted on the property. He expressed concern that the present signs are too small to be read easily. Alan White explained that public hearing notices are sent via certified mail to property owners within 100 feet of any proposed rezoning. Notices are sent by the city with the cost later reimbursed by the developer. Planning Commission Page 2 June 2, 2005 City of Wheat Ridge of ""EgTP Community Development Department Memorandum ~~CpRp0~ TO: Planning Commission FROM: Alan White, Community Development Director SUBJECT: Case NO. ZOA 05-01 DATE: May 27, 2005 This Case is: ❑ Quasi-Judicial Q Legislative This ordinance was previously reviewed by Planning Commission and recommended for approval with one change. That change has been incorporated into the ordinance. It is back before you because staff wanted to discuss a possible addition to the ordinance. What if this was a scenario: The owner of a business has purchased a parcel in a residential zone district and wants to use it for parking. It contains no other structure or use. It's within 300 feet of the business. Under the modified regulation, the lot cannot be used for parking for the business because the parcel doesn't contain a non-residential or quasi-public use. The question is: Should the new regulation be modified to accommodate this scenario? If so, suggested language is shown in the notes column in the Residential Table of Uses in the proposed ordinance. SUGGESTEED MOTION: "I move to recommend approval of Case No. ZOA 05-01 concerning the location of parking facilities with the modification as proposed by staff." INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. _ Series of 2005 TITLE: AN ORDINANCE AMENDING SECTION 26-204 AND SECTION 26-501 C 4 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE LOCATION OF PARKING FACILITIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-204 of the Wheat Ridge Code of Laws is hereby amended as follows: Table of Uses - Residential Uses Notes R-1 R-1A R-1B R-1C R-2 R-2A R-3 R-3A Parking of Shall be allowed P P P P P P P P automobiles of only on lots clients, patients containing non- or patrons of residential or adjacent quasi-public commercial or uses, or on non-residential adjacent lots uses owned by the business, subject to Section 26-501 C4 Table of Uses - Commercial and Industrial Districts Uses Notes NC RC C-1 C-2 I Parking of Subject to Section P P P P P automobiles of 26-501 C 4 clients, patients and or patrons of eeeupants of adjacent commercial or non- residential uses distriets Section 2. Section 26-501 C 4 of the Wheat Ridge Code of Laws is hereby amended as follows: 4. Location. a. 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 herein. b. If sufficient parking spaces cannot be accommodated on the lot for any use, 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 pmpef y ze ed. a permitted use as listed in the Table of Uses for the zone district in which the off-lot parking will be located. C. hi situations where off-lot parking is required and 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. Section 2. 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 3. 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 section, 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 4. Effective Date. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 2005, 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 2005, 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 2005 SIGNED by the Mayor on this day of 2005 GRETCHEN CERVENY, MAYOR ATTEST: Pamela Y. Anderson APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1 st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: 6. PUBLIC FORUM There was no one present to address the Commission during this portion of the meeting. 7. PUBLIC HEARING A. Case No. ZOA-05-01: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning location of parking facilities. ~~IVVV This case was presented by Alan White. He reviewed the proposed ordinance which would expand the allowance for off-lot parking to the NC and RC zone districts and also allow off-lot parking in residential zone districts only where the use is nonresidential or quasi-public. Commissioner McMILLIN commented that the changes in the ordinance are a step in the right direction to encourage revitalization of existing commercial areas in the city. He did express concern about conflicts with the sign code as it relates to off-premise signs if the off-premise parking is posted as such. Commissioner BRINKMAN asked if agreements could be made between government entities and private business. Alan White explained that this would require approval of City Council. Commissioner McMILLIN suggested that no parking be allowed on park and open space land. Commissioner McMILLIN suggested that a clause be included in the agreements relating to the duration of the agreement. Commissioners McMILLIN and STEWART expressed concern about lack of notification to adjacent residences. Commissioner McMILLIN suggested that these cases be handled through Board of Adjustment in order to give notice to adjacent residents. The possibility of using the special use permit process was discussed. Alan White commented that neighborhood input would be considered if a special use permit process were used. In reply to questions about the cost of a special use permit, Alan White gave a general estimate of $200 plus an additional $350 if it proceeded to hearing. Alan White reminded Commissioners that staff has the power to deny parking agreements if they are outrageous in nature. There were no members of the public present to address this case. Commissioner McMILLIN offered the following statement of findings by the Commission: The City should encourage the efficient use of existing parking lots, minimize the growth of new paving surfaces and support the re-use of existing business structures. There was a consensus of the Commission to accept these findings. It was moved by Commissioner BRINKMAN and seconded by Commissioner CHILVERS to recommend approval of Case No. ZOA-05-01 concerning the location of Planning Commission Page 2 May 5, 2005 parking facilities. Commissioner STEWART offered the following friendly amendment: With the understanding that the Planning Department will exercise discretion so as to minimize any negative impact on adjacent or nearby residential properties. The amendment was accepted by Commissioners BRINKMAN and CHILVERS. L The motion to approve the amended motion passed 5-0 with Commissioners PLUMMER, SCEZNEY and WESLEY absent. 8. OLD BUSINESS There was no old business to come before the Commission. 9. NEW BUSINESS There was no new business to come before the Commission. 10. COMMISSION REPORTS There were no commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS At the request of the Commission, Alan White gave a brief update on the Cabela's project. 12. ADJOURNMENT It was moved by Commissioner STEWART and seconded by Commissioner SPANIEL to adjourn the meeting at 8:15 p.m. The motion passed unanimously. C ~Z zff6zr-~~ Ann Lazzeri, Recordin e retary Planning Commission Page 3 May 5, 2005 City of Wheat Ridge OF W EqT p/O Community Development Department m Memorandum ~~[pRpOp TO: Planning Commission FROM: Alan White, Community Development Director 6T SUBJECT: Case NO. ZOA 05-01 DATE: April 28, 2005 This Case is ❑ Quasi-Judicial 0 Legislative Parking is one of the difficult development standards to address in revitalizing existing commercial areas in the City. The code requires that all parking be located on the lot where the use is located. Some flexibility is provided whereby an owner can arrange to have off-lot parking with an adjacent use. A parking agreement among the two owners and the City is requited. This agreement is recorded in the real estate records of the County so it becomes binding on the parties. It may be terminated if all parties agree. Section 26-501 C 4 b requires the off-lot parking to be located in an area properly zoned for such parking. Currently, parking for adjacent commercial uses is allowed only in C-1, C-2 and I zone districts. There are potentially many parking resources adjacent to commercial uses that are not zoned C-1, C-2, or I, such as churches and schools. The proposed ordinance change does two things: 1) expands the allowance for off-lot parking to the NC and C zone districts and 2) allows off-lot parking in residential zone districts ONLY where the use is non-residential or quasi-public. SUGGESTEED MOTION: "I move to recommend approval of Case No. ZOA 05-01 concerning the location of parking facilities." INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2005 TITLE: AN ORDINANCE AMENDING SECTION 26-204 AND SECTION 26-501 C 4 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE LOCATION OF PARKING FACILITIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-204 of the Wheat Ridge Code of Laws is hereby amended as follows: Table of Uses - Residential Uses Notes R-1 R-1A R-1B R-1C R-2 R-2A R-3 R-3A Parking of Shall be allowed P P P P P P P P automobiles of only on lots clients, patients containing non- or patrons of residential or adjacent quasi-public commercial or uses, subject to non-residential Section 26-501 C uses 4 Table of Uses - Commercial and Industrial Districts Uses Notes NC RC C-1 C-2 I Parking of Subject to Section P P P P P automobiles of 26-501 C 4 clients, patients and or patrons e€ eeeupants of adjacent commercial or non- residential uses d:isaic4s Section 2. Section 26-501 C 4 of the Wheat Ridge Code of Laws is hereby amended as follows: 4. Location. a. 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 herein. b. If sufficient parking spaces cannot be accommodated on the lot for any use, 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 ropetined. a permitted use as listed in the Table of Uses for the zone district in which the off-lot parking will be located. C. In situations where off-lot parking is required and 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. 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. Section 2. 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 3. 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 section, 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 4. Effective Date. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 2005, 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 2005, 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 2005 SIGNED by the Mayor on this day of 2005 GRETCHEN CERVENY, MAYOR ATTEST: Pamela Y. Anderson APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1 st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on May 5, 2005, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29`h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following case shall be heard: Case No. ZOA-05-01: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the location of parking facilities. Kathy Field, Administrative Assistant ATTEST: Pamela Y. Anderson, City Clerk To Be Published: Wheat Ridge Transcript Date: April 28, 2005 ~aae NO.: OA0501 App: Last Name: Citywide _ App: First Name: Owner: Last Name: Owner: First Name: App Address: City, State Zip: App:Phone: Owner Address: City/State/Zip: Owner Phone: Project Address: Street Name: City/State, Zip: Quarter Section Map No.: Related Cases: Case History: mend code concerning he location of parking acilities Review Body: APN: 2nd Review Body: 2nd Review Date: Decision-making Body: Approval/Denial Date: Reso/Ordinance No.: Case Disposition: Project Planner: hite File Location: ctive Notes: Follow-Up: PC:5/5/05 -J Conditions of Approval: District: Date Received: /26/2005 Pre-App Date: