The URL can be used to link to this page

Home My WebLink AboutZOA-03-19INTRODUCED BY COUNCIL MEMBER DITULLIO Council Bill No. 03-2004 Ordinance No. 1318 Series of 2004 TITLE: AN ORDINANCE AMENDING SECTION 26-621 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PARKING IN RESIDENTIAL AREAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-621 of the Wheat Ridge Code of Laws is hereby amended as follows: Sec. 26-621 Residential parking. A. 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. B. 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: • Recreational Vehicle • Trailer upon which are stored personal recreational vehicles 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: • The vehicles or trailers are less than six (6) feet in height, and • 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 paragraph 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. C. 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 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. Surah vehicles ill similarly pem3tiued upon e..:a,,..Ii . t Y resides r, in the ease of 1 4 •1 net di ..1.. _L:_ residential land uses 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 C B, 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. D. 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 feet in height stored in a back yard do not need to meet rear and side yard setbacks. E.E. 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 re- start the 72 hour period. D.F. 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. F.G. 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 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. F.H. 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. 1. 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. J. Any vehicle or trailer owner may apply for a variance to the restrictions contained in paragraphs B, C, and D in accordance with the procedures for requesting a minor variance as provided in Section 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 Section 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. Section 2. The definition of "trailer" provided by Section 26-123 of the Code of Laws is amended as follows: - Trailer. Any wheeled vehicle, without motive power, which is designed to be used in conjunction with a motor vehicle other than a truck-tractor so that some part of its own weight and that of its cargo load rests upon or is carried by the motor vehicle. The term includes but is not limited to cargo trailers, flatbed trailers, and utility trailers,, -use tfailerS. 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. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 6. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this day of March 8.2004, 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 March 22, 2004, 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 22nd day of March 2004. SIGNED by the Mayor on this 25th day of CERVENY, MAYOR ATTEST: ,elo . Berson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY C 4"Id ;,,rz GERALD DAHL, CITY A Y 1st Publication: March 11, 2004 2nd Publication: March 25, 2004 republish: April 1, 2004 Wheat Ridge Transcript Effective Date: April 16, 2004 CITY COUNCIL MINUTES: March 22, 2004 Item 1. CONSENT AGENDA A. Approve Award ITB-04-011 Randall Park Parking Lot. B. City Contributions to Outside Agencies. C. Urban Area Security Initiative. D. Ratification of Appointment of Kent Davis to Wheat Ridge Housing Authority. Mr. DiTullio introduced and read the Consent Agenda. Mr. Gokey asked to pull A. Motion by Mr. DiTullio to approve the Consent Agenda Items B, C, and D as printed; seconded by Mrs. Sang; carried 8-0. Motion by Mr. DiTullio to approve Item A; seconded by Mrs. Sang; carried 7-1 with Mr. Gokey voting no. Mr. Gokey felt that the allocation could be better spent elsewhere. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 03-2004 - AN ORDINANCE AMENDING SECTION 26- 621 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PARKING IN RESIDENTIAL AREAS. Council Bill 03-2004 was introduced by Mr. DiTullio on second reading; Pam Anderson read the executive summary and assigned Ordinance No. 1318. 2 Director of Community Development, Alan White, gave a presentation describing the amendments to the Code of Laws pertaining to parking in residential areas. Don Kammerzell, 10370 West 35th Avenue, supports the ordinance as presented by staff. He feels that vehicles less than 6 feet and horse trailers should be exempt, and he congratulated Alan on a job well done. Kevin Craig, stated that he is happy with what Alan and Council have done with this process. He supports the ordinance as written. Polly Pinkston supports the ordinance. Richard Bassett, 4125 Marshall, thanked the Council for bringing common sense to an issue that has been around for many years. Don MacDougal, 9815 West 37th Avenue, recommended that horse trailers be exempt as they are a tool, not a recreational vehicle. He has 9 neighbors who have never complained. Victor Olson, stated he is strongly opposed to the ordinance. He said that it is discriminatory towards the retired community and this ordinance is for elitism. He said that these things complicate our lives and the government that governs best, governs least. CITY COUNCIL MINUTES: March 22, 2004 3 Motion by Mr. DiTullio to approve Council Bill 03-2004 (Ordinance No. 1318), on second reading, and that it take effect 15 days after final publication with the following amendments: 1. Add the following language to paragraph J: "Requests for variances under this subsection J shall not be charged a fee if the request is filed by December 31, 2004." 2. Delete the words "horse trailer' from the definition of trailer in Section 26-123. 3. Replace paragraph D with the following: "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 yard setback requirements for accessory structures for the zone district in which the recreational vehicle or trailer is stored. The rear yard setback for recreational vehicles or trailers exceeding six (6) feet in height shall be five (5) feet in all residential zone districts". 4. Add the following to paragraph C after the third sentence: "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". 5. Add the following the end of paragraph B: "In determining if a trailer is exempt or not exempt from the provisions of this paragraph 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". 6. Add to the end of paragraph J: "Any variance granted by either the Community Development Director or the Board of Adjustment shall be a grant of variance to the property owner only". Seconded by Mrs. Sang and Mrs. Rotola. Motion by Ms. Berry to amend the original motion to strike #3 of the main motion and add the following to Paragraph 4 of Attachment 4: "Recreational vehicles and trailers less than six feet in height stored in a back yard do not need to meet rear and side setbacks." Seconded by Mr. DiTullio; carried 7-1, with Mrs. Sang voting no. Mrs. Sang is opposed to the amendment because she believes that sheds or out- buildings and recreational vehicles should have the same setbacks. Original Motion as amended carried 8-0. Mr. White wished to thank the participants in this process. of wHear ITEM NO: qo V oRAOO m REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: March 22, 2004 TITLE: COUNCIL BILL 03-2004: AN ORDINANCE AMENDING SECTION 26-621 OF THE WHEAT RIDGE CODE OF LAWS PERTAINNG TO PARKING IN RESIDENTIAL AREAS. ® PUBLIC HEARING ❑ ORDINANCES FOR 1ST READING (Date: March 8, 2004) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ 4 Yes No 44L Community Development Director City Manager EXECUTIVE SUMMARY: The proposed ordinance amends the current regulations regarding the RV parking in residential areas. The changes are based upon staff recommendations presented to City Council at their study session on November 17`h. Those recommendations were based upon a series of meetings held this past summer with RV owners and non-owners. Council also requested that the new ordinance address the visual impacts of large recreational vehicles stored in front yards. Currently, only two recreational vehicles are allowed to be stored outside on a residential property. This limitation includes trailers, trailers upon which are stored any number of personal recreational vehicles, and horse trailers. Changes include: 1) Recreational vehicles and trailers less than six feet in height are exempt from the two vehicle limitation when parked in the side or rear yard and when screened; 2) Only one recreational vehicle is allowed to be parked in the front yard; 3) Recreational vehicles parked in aback yard must meet the side and rear setback requirements for an accessory structure; 4) A process has been created for an owner to request a variance to the two vehicle limitation, the limitation of one vehicle being parked in the front yard, and required setbacks in the rear yard only; 5) The regulations apply to renters. Per Council's direction, the ordinance was forwarded to Planning Commission. At their December 18, 2003 hearing, the Commission recommended approval with several suggested changes. COMMISSION/BOARD RECOMMENDATION: Planning Commission recommended approval with the following suggested changes: 1. Allow a waiver of variance fees for a period of two years. 2. Eliminate horse trailers from the ordinance. 3. Reduce the rear yard setback from 15 feet to 5 feet. 4. If the RV or loaded trailer is less than 6 feet in height, it can be parked next to the rear property line. 5. If any portion of an RV extends beyond the front of the house, it would be counted as a front yard RV. 6. To determine if a trailer is exempt or non-exempt, it must be loaded with its intended cargo of boats, snowmobiles or motorcycles. These changes HAVE NOT been incorporated into the ordinance. Separate motions will be prepared for second reading to incorporate the Planning Commission recommended changes. STATEMENT OF THE ISSUES: In responding to Planning Commission suggested changes, the waiver of fees for two years and the exemption for horse trailers are policy decisions for Council. The setbacks for non-exempt RV's (over 6 feet in height) are proposed in the ordinance to be the same as accessory buildings. (15 feet in the R-1 district; 5 feet if less than or equal to 8 feet in height, otherwise 10 feet in all other zone districts.) This rear yard setback requirement was recommended by Planning Commission to be a straight 5 feet in all zone districts. This allows a 12-foot tall RV to be 5 feet from the rear property line, but a 12-foot tall shed would have to be 10 feet from the rear property line. Staff recommends implementing the setbacks for accessory structures as written in the proposed.ordinance. Recommended change 94 from the Planning Commission is implicit in the application of the regulations and does not need to be addressed. Recommended change #5 from the Planning Commission should be incorporated into the ordinance. It will clarify how an RV or trailer will be treated if it straddles the front and side yards. Recommended change #6 from Planning Commission should be incorporated into the ordinance. It will clarify that a trailer will be treated as exempt or non-exempt depending upon if it is loaded. The concern was that someone might claim they have an exempt trailer, then put a boat on it, and still claim the trailer is exempt. One of the most frequent comments at the public workshops was to grandfather existing situations. Grandfathering existing situations in the community would be a time-consuming and labor- intensive endeavor for staff. This would entail inventorying every residential parcel in the City for recreational vehicles and trailers. Probably several situations would change during the course of conducting the inventory, rendering the inventory inaccurate. Or it would require some kind of permitting process with a deadline for applications, where inevitably someone would not hear about the deadline and would complain. The variance process and the exemption for smaller RV's should take care of about 90% of the situations in the City. Another frequent comment was to provide relief from the strict limitation of two vehicles. The ordinance accomplishes this in two ways. Recreational vehicles and trailers less than 6 feet in height are exempt from the limitation of two recreational vehicles, provided they are located in a side or rear yard and are screened by a 6-foot high solid fence, vegetation, or structure and are not visible from the public right-of-way. Secondly, a process has been established to provide a mechanism to request variances from the two-vehicle limitation, the one-vehicle in the front yard limitation, and rear yard (only) setbacks. The process for requesting more than two vehicles, or more than one in the front yard, or lesser setbacks in the rear yard is the minor variance process. This starts as an administrative process where adjacent property owners are notified. If there are no objections, the request(s) can be approved administratively. If there are objections, the request goes before the Board of Adjustment for a hearing. The regulations apply to renters so long as the vehicle stored on the property is owned by the renter. ALTERNATIVES CONSIDERED: In addressing the visual impact issue, several options were considered: 1. Do not allow parking of recreational vehicles beyond the front wall of the structure. This would require the parking of all recreational vehicles in side or rear yards. This may not be possible on smaller lots in the City. Numerous permits have been issued in the past for the purpose of constructing parking pads for vehicle storage in front yards. 2. Require any recreational vehicles parked in the front yard to be screened. Maximum height for fences in the front yard is four feet. This makes fencing minimally effective in screening. Vegetation must be fairly dense and compact to provide effective screening, and this may occur only after many growing seasons. Deciduous vegetation does not provide effective screening in the winter. Is it really possible to hide a motor home parked in a front yard? 3. Restrict the number of vehicles allowed to be parked in the front yard. Since two non- exempt vehicles are allowed to be stored outside, the only restriction available is to allow one vehicle to be parked in the front yard. This appears to be the only realistic option to deal with the impact. This restriction would apply to all recreational vehicles and trailers. 4. Create classifications of vehicles and prohibit the parking of "oversize" vehicles in the front yard. The difficulty with this option is defining "oversize." How big is too big? Should the measure of "oversize" be height, length, or weight? Such provisions might tend to complicate the regulations for enforcement officers and citizens and could slow down enforcement by requiring time to measure a vehicle or to research its weight. Increase the required setback from the front property line. The current requirement is six feet. An increased setback would push vehicles farther back into the lot. Although the front setback in each residential zone district is 30 feet, many homes have been built with a lesser setback. The thirty-foot setback allows for the parking of a 24-foot motor home on a driveway while meeting the six-foot setback. These two factors combine to make it difficult to park a vehicle over 24 feet long entirely in the front yard anyway. An increased setback might be difficult to implement in areas of the City with narrow side yards and where permits have been previously issued for parking pads accommodating the six-foot setback. The draft ordinance contains a provision implementing option #3, allowing only one recreational vehicle or trailer to be stored in the front yard. Short of banning all recreational vehicles in the front yard, this limitation is the easiest to interpret and enforce. If would reduce the potential number of vehicles parked in front yards, thereby potentially reducing the visual impact. FINANCIAL IMPACT: There is not a direct financial impact on the City. RECOMMENDED MOTION: "I move to approve Council Bill 03-2004 on second reading, and that it take effect 15 days after final publication, with the following amendments: (Add the following to the motion to implement Planning Commission's recommendation to institute a period of time to waive variance fees. Fill in the blank for the number of years you wish this waiver period to be in effect.) 1. Add the following language to paragraph J: "Requests for variances under this subsection J shall not be charged a fee if the request is filed within years from the effective date of this ordinance." (Add the following to the motion to exempt horse trailers from provisions of the ordinance) 2. Delete the words "horse trailer" from the definition of trailer in Section 26-123. (Add the following to the motion to implement Planning Commission's suggestion to require one rear yard setback of S feet in all residential zone districts. Staff does not recommend this change) 3. Replace paragraph D with the following: "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 yard setback requirements for accessory structures for the zone district in which the recreational vehicle or trailer is stored. The rear yard setback for recreational vehicles or trailers exceeding six (6) feet in height shall be five (5) feet in all residential zone districts." (Add the following to the motion to address a vehicle that straddles a front and side yard.) 4. Add the following to paragraph C after the third sentence: "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." (Add the following to the motion to address loaded and unloaded trailers.) 5. Add the following to the end of paragraph B: "In determining if a trailer is exempt or not exempt from the provisions of this paragraph 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" Or, "I move to table indefinitely Council Bill No. 03-2004." Report Prepared by: Alan White, Community Development Director Attachments: 1. Legislative History 2. Memorandum to Planning Commission without attachments 3. Illustration of Allowed Parking Areas 4. Council Bill No. 03-2004 City of Wheat Ridge Office of the City Clerk MEMORANDUM TO: WHEAT RIDGE COUNCIL MEMBERS, MAYOR GRETCHEN CERVENY FROM: PAM ANDERSON, CITY CLERK SUBJECT: LEGISLATIVE HISTORY PERTAINING TO PARKING IN RESIDENTIAL AREAS DATE: 1/14/2004 CC: RANDY YOUNG, CITY MANAGER; ALAN WHITE, PLANNING AND DEVELOPMENT DIRECTOR Enclosed you will all documents pertaining to the legislative history of municipal code changes to "Parking in Residential Areas". The following is an outline of the documents action taken. August 12, 2002: First reading of Ordinance Amending the Code of Laws Pertaining to Parking I Residential Areas. September 5, 2002: Planning Commission consideration of ordinance (Public Hearing) September 23, 2002: Council Action form for Council Bill 29-2002, Case #ZOA 02-04; (Public Hearing). Includes: Minutes from 09\05\02 Planning Commission Meeting with recommendations; Summary of regulations from participating municipalities; Minutes from September 23, 2002 Council Meeting; Council Bill 29-2002 (Ordinance No. 1265). September 26, 2002: Mayor Cerveny veto of the ordinance; Veto override by Council. October 21, 2002: Study Session: Minutes (Public Hearing); Council Bill 29-2002 (Ordinance No. 1265). December 9, 2002: Council Meeting (Public Hearing); Includes: Council Action form for revised ordinance; Minutes of December 9, 2002 Council Meeting. Summer, 2003: Series of meetings held by Planning and Development staff with concerned citizens. November 17,2003: Study Session Minutes: Consensus to send to Planning Commission. December 11, 2203: Memorandum from Alan White to Planning commission detailing ordinance and legislative history December 18, 2003: Planning Commission Minutes (Public Hearing) ATTACHMENT 1 V~T v_ m AGENDA ITEM REQUEST FOR COUNCIL ACTION September 23 , 2002 COC OR P~~ X PUBLIC HEARINGS _ ORDINANCES FOR 1ST READING BIDS/MOTIONS X ORDINANCES FOR 2ND READING -RESOLUTIONS . Quasi-Judicial: X Yes No. SUBJECT: Ordinance Amending Section 26-621 of the Code of Laws Pertaining to Parking in Residential Areas, Case No. ZOA 02-04. SUMMARY AND BACKGROUND: Council directed staff to examine changes to the section of the Code to restrict the number of recreational vehicles that could be stored outside on residentially zoned property. First reading of this ordinance occurred on August 12' and the changes to the Code at that time included restricting the number of recreational vehicles to one; allowing only one vehicle in non-operative condition to be stored outside under a car cover and not a tarp; and not allowing carports or frame covered structures to be used to store or conceal these vehicles. Different limits for different types of recreational vehicles were not established. Planning Commission considered the ordinance on August 1 ' and suggested that a distinction be made in the types of recreational vehicles and requested information on other cities' restrictions. That information is included in the attached memorandum to the Planning Director. On September 5', the Planning Commission recommended approval of the ordinance with changes: 1) defining snowmobiles, ATV's, etc. as "personal recreational vehicles;" 2) consolidating into one section the restrictions on parking recreational vehicles in public rights-of-way; 3) allowing one recreational vehicle plus one trailer loaded with personal recreational vehicles to be stored outside; and 4) requiring the storage of non-operative vehicles at least six feet from the property line. These changes are included in the attached ordinance. ATTACHMENTS: 1. Council Bill No. 29-2002 2. Planning and Development Department Memo 3. Draft Planning Commission Minutes of 9/5/02 STAFF RECOMMENDATION: ORIGINATED BY: City Council STAFF RESPONSIBLE: Alan White, ] ;BUDGET IMPACT: Original budgeted amount: $0 Actual contracted amount: $0 Impact of expenditure on line item: $0 ?lanning and Development Director SUGGESTED MOTION: " I move to approve Council Bill No. 29-2002, Case NO. ZOA 02-04, on second reading." INTRODUCED BY COUNCIL MEMBER Council Bill No. 29-2002 Ordinance No. Series of 2002 TITLE: AN ORDINANCE AMENDING SECTION 26-621 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PARKING IN RESIDENTIAL AREAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-123 of the Wheat Ridge Code of Laws is hereby amended as follows: Recreational vehicle, lire. A vehicle, such as a recreational trailer, tent camper trailer, truck camper, travel trailer, motor home or other vehicle with or without motive power, designed and/or constructed to travel on the public thoroughfare and originally intended and designed for human habitation. The term shall also include vehicles used in recreational pursuits such as snowmobiles, all-terrain vehicles, jet skis, boats, and other similar motorized or non-motorized devices. vehicles Section 2. Section 26-621 of the Wheat Ridge Code of Laws is hereby amended as follows: Sec. 26-621 Residential parking. A. 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. B. In residential zone districts; one (1) recreational vehicle Camping vehicles (except campers mounted upon pickup trucks), boats, trafler-inounted wrd or one (1) other towed vehicles such as, but not limited to, a utility trailers 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 re-start the 72 hour period. C. Except as noted above, in residential zone districts, detached trailers and recreation vehicles are prohibited from parking in public rights-of-way; however, one (1) detached trailer or one (1) recreational vehicle they may be parked or stored outside upon property owned by the vehicle owner, provided such vehicles are parked six (6) feet or more inside the front property line. Such vehicles will be similarly permitted upon residential rental properties where the owner of the vehicle resides upon the premises, and in the case of multifamily residential properties, where such vehicle or vehicles do not displace parking spaces required to meet the minimum vehicular parking standard for the property as set forth herein for multifamily residential land uses. 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 C, permanent or temporary carports, frame covered structures, tents, or other temporary structures shall not be used to store or conceal such recreational vehicles. D. In residential zone districts, fn cases 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. EE. 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 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. F. In residential zone districts, one (1) vehicle in non-operative condition as defined in - Section 15-4 of the Code of Laws may be stored outside upon property owned by the vehicle owner. Such vehicle shall be completely covered with a standard vehicle cover designed and manufactured for the purpose of covering a vehicle. Such cover shall be of a single earth tone or neutral color and shall be maintained in good condition free from holes, rips, tears, or other damage. Tarps, plastic sheets, or any other type of material not specifically designed and manufactured to cover a vehicle shall not be used to cover a non-operative vehicle. For the purposes of this subsection F, permanent or temporary carports, frame covered structures, tents, or other temporary structures shall not be used to store or conceal such recreational vehicles. 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. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 6. This ordinance shall take effect -15- days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 19thday of August , 2002, 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 September 23 , 2002, 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 2002 SIGNED by the Mayor on this day of 2002 GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1 st Publication: August 29, 2002 2nd Publication: Wheat Ridge Transcript Effective Date: C.\Documents and Settings\alan\My Documents\WPFiles\Projects\zoning amendments\res parking ord.wpd City of Wheat Ridge Planning and Development Department Memorandum TO: Alan White FROM: Michael Pesicka SUBJECT: Regulation of Recreational Vehicles and Junk Automobiles DATE: August 12, 2002 The following is a summary of regulations from participating municipalities. Golden RV must be licensed and there is no limit as to the number that can be stored on any property. One junk car" can be stored on a property, but it must be under restoration, licensed and covered or screened. Cover must be specifically made for covering automobiles. No tarps allowed as covers. Jefferson County Does not regulate recreational vehicles unless the property owner is proposing to store them commercially. The RV must be owned and licensed by the owner of the property on which it is being stored. All vehicles whether junk, recreational or personal must be licensed and operable. Arvada No regulation on the number of recreational vehicles someone can own or store. RV's do not have to be screened from view, but cannot be longer than 30 feet. Does allow one (1) antique vehicle per property that must be screened from view or stored in a garage. Car covers are allowed as a means to screen the vehicles, but tarps are not considered covers. All vehicles must be licensed with the property owner. Lakewood Attached are copies of Section 17-9-1 of the City of Lakewood Zoning Code, with pertinent - information highlighted in green. Littleton No regulation on the number of recreational vehicles or operable vehicles. No inoperable or unlicensed vehicles are allowed on any residential property. RV's are limited to a width of 7 feet and a length of 22 feet if they are to be stored on the street. Antique vehicles, or vehicles being restored must be in a garage or carport. If in a carport, then they must have an opaque cover that is undamaged. Non- motorized RV's can be stored on the street no longer than 48 hours. Westminster Allow only one RV on any residential property and it cannot be stored in the front yard. Any automobiles on the property must be licensed, but there is no limit as to the number of automobiles. No parking of RV's on the street and all vehicles must be licensed. Northelerm No regulation on the number of RV's or automobiles. All operable and inoperable vehicles must be licensed. Vehicles that are being restored or are inoperable must be stored in a garage or screened by a 6 foot fence. Northglenn has a proposal on the table to limit the number of total vehicles per property to 5. ARTICLE 9: PARKING REQUIREMENTS 17-9-1. GENERAL PROVISIONS. (1) No land shall be used or occupied, no structures shall be designed, constructed or altered, and no use shall be operated unless the off-street parking space herein required is provided in at least the amount and maintained in the manner set forth within this Article. No person shall construct, pave or repave a parking lot without first obtaining a building permit. (2) All required off-street parking spaces shall be provided within the lot lines established for the uses to be developed or redeveloped. All other parking proposals shall be reviewed by the Board of Adjustment in accordance with Section 174-7. (3) Provision of parking spaces within an integrated parking and access system is encouraged. The total number of spaces provided shall be the sum total of the individual requirements. Parking requirements will be based on the land use(s). (4) All driveways, drive aisles, parking areas, and all parking spaces within those areas located in districts other than One Acre Residential (R1A) shall be designed and designated in conformance with the site plan requirements of Title 17, Article 15. Driveways serving one and two family dwellings in districts (RR) Rural Residential, (1-R) Large Lot Residential, (2-R) Small Lot Residential, and (3-R) Duplex Residential which access unimproved streets are exempt from this requirement. (5) All parking ratios in Table 94, for combined residential/nonresidential developments shall be determined based on the individual uses. Mixed nonresidential developments, such as shopping centers, industrial or office parks, shall have parking based upon the type of development and not based on individual uses. The number of spaces required in Table 9-4 will be rounded up to the next whole number. (6) Parking spaces and on site circulation shall be designed in such a manner as to provide safe movement for pedestrian and vehicular traffic. On site parking shall be maintained in good condition free of weeds, dust, trash and debris, and major surfacing defects. (7) When a change in the use or user of the property creates an increase in the parking demand even where there is no development or redevelopment taking place, the additional parking demand shall be provided for. (8) Parking of Motor Vehicles Restricted a) Every property zoned (residential) R1A, RR and 1-R shall be prohibited from having more than ten (10) vehicles parked outside on the property. b) Every property zoned (residential) 2-R, 3-R, 4-R, 5-R, and PD with a single-family detached home or a duplex unit shall be prohibited from having more than seven (7) vehicles per unit parked outside on the property. Duplexes, triplexes, and other multi-family units shall be prohibited from having more than four (4) vehicles per unit parked outside on the property. 1. "For purposes of this Article 17-9, vehicles are defined as all vehicles including, trailers, vessels (boats), all self propelled and non-self propelled vehicles, recreational vehicles, commercial vehicles, motor homes, trucks, vans, motorcycles, and passenger cars. Vehicles shall not include bicycles. .2. For purposes of this Article 17-9, a trailer containing a boat shall be considered one (1) vehicle. Lakewood Zoning Ordinance 9-1 August 13, 2001 - A trailer containing recreational vehicles such as snowmobiles or motorcycles shall be considered one vehicle. ;3. Notwithstanding the foregoing, the following vehicles are prohibited from being parked or stored on any property in residential areas. a. 1. Any commercial vehicle which is 20,000 pounds or greater or more than 30 feet in length or ten feet in height or greater or which has three or more axles. 2. In measuring the height of commercial vehicles, the measurement shall exclude any accessory equipment related to the function of the vehicle, such as air conditioning units, heating units and similar devices mounted on top of the vehicle. Signage shall not be excluded from such measurement. No more than fifty (50) per cent of the roof area of the vehicle shall be used for the accessory equipment mounted on top of the vehicle. b. Truck tractors c. Semitrailers d. Dump trucks e. Busses f Construction equipment weighing 10,000 pounds or more except when being used on the property in conjunction with a building permit or other permit issued for that location. C) Parking must meet requirements in this section 17-9, and other related municipal ordinances including Chapter 9.80 of the Lakewood Municipal Code. d) On residential lots, parking areas shall not exceed 50 percent of the back yard; 50 percent of the front yard, and 50 percent of the side yard. Each lot shall be allowed no more than 30 feet of drive- cuts along the lot's street frontage. e) All parking areas shall be kept free of weeds, trash, and debris. Of the vehicles referred to in.8(a) or 8(b) above, no more than two (2) shall be a junk motor vehicle as defined in 9.80 of the Lakewood Municipal Code. Y. Junk motor vehicles must be stored in the back or side yard and must be screened from public view (as set forth in 9.80 of the Lakewood Municipal Code). Side yard parking is prohibited if the setback is less than eight (8) feet. g) Of the vehicles referred to in 8(a) or 8(b) above, no more than one (1) of either a travel trailer, motor home, or camper unit per dwelling unit shall be parked on any residential zoned property. h) Not more than two trailers or not more than one trailer and one motor home shall be parked in a front yard. i) Of the vehicles referred to in 8(a) or 8(b) above, no more than one (1) commercial vehicle, as defined in Article 2 of the Lakewood Zoning Ordinance, per dwelling unit shall be parked on each residential lot. (9) Improved Surface Required: Apparking areas, driveways, or any other part of the property used for vehicle travel and parking located in the front yard, side yard, and back yard shall be improved all weather surfaces clearly delineated by curbs, landscaping, or similar features to distinguish the parking area from the remainder of the yard. a) Approved all weather surface includes: concrete paving, Hot mix asphalt paving,; or rock. One recommended material is three-quarter-inch thick or larger rock a minimum of three inches in depth. Approved all weather surfaces shall not include materials such as carpet, shingles, wood or Lakewood Zoning Ordinance 9-2 August 13, 2001 cardboard. 1. The purpose of this Subsection 17-9-1(9) is to insure that a dust-free weed-free and mud-free surface is provided for parking. FAtking will not be allowed on grass, weeds, mud or dirt. b) A property owner shall comply with the requirement for an improved surface within six (6) months of a posting or receipt of a notice of violation of this subsection 17-9-1(9) c) Exemptions from the above requirement may be granted by the Director for side yard and back yard parking for properties used for agricultural purposes such as the keeping of horse trailers, tractors, and other similar items. Applications for the exemption stating the reasons for the exemption shall be made to the Department of Community Planning & Development. The Director's decision shall be based upon property use, number of vehicles, compatibility with surrounding property and other relevant factors. If a request is denied, any appeal shall be to the Board of Adjustment. (10) Use of Car Covers a) Car covers may be used to cover motor vehicles but must be expressly made for the purpose of covering a vehicle and cannot be tarps. b) If a car cover is used, it must be maintained at all times. Ripped, tom, or blowing covers will not be allowed (11) Occupancy of Travel Trailer, Motor Home, or Camper Unit: A travel trailer, motor home, or camper unit not located within a travel trailer campground, may be occupied for a period of time not to exceed two (2) weeks from the date that the travel trailer, motor home, or camper unit first arrives within the City. During such time, an adequate water supply and adequate toilet facilities shall be available at all times to the occupants of the trailer. If the trailer is hooked to a power source via an extension cord, such cord must be maintained as to not. create a safety hazard. (12) Planning applications where reciprocal or shared parking is contemplated may be required to include parking accumulation studies for existing facilities similar to the proposed uses and for the surrounding uses with which parking is being reciprocated. The following guidelines must be followed: a) Determine if shared parking is possible by examining the land use mix adjacent to the subject site, the size of each use, the type of operation, and most important, the 12 to 24-hour parking demand characteristics of each use. b) Conduct 12 to 24-hour parking accumulation studies for existing facilities similar to those for which reciprocal parking is being requested, and for the surrounding ones with which shared parking is anticipated. Weekly and monthly variations in parking demand must be taken into consideration. c) Occupancy factors may be a consideration in determining how well the parking spaces for the existing adjacent uses, with which shared parking is being contemplated, are currently being utilized. These can be determined during the accumulation studies outlined above. d) Based on the data for existing similar facilities, the total parking demand for all uses included in the shared parking analysis must be projected for each hour over a 12 to 24-hour period for the most critical day of the week and month of the year. This must include the Thanksgiving to Christmas period. This will determine the minimum number of spaces that must be provided. Lakewood Zoning Ordinance . 9-3 August 13, 2001 CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting September 5, 2002 1. CALL THE MEETING TO ORDER DRAFT The regular meeting of the Wheat Ridge Planning Commission was called to order by Chair WEISZ at 7:00 p.m., September 5, 2002, in the City Council Chambers of the Municipal .Building, 1500 West 24th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Commission Members Present: Commission Members Absent: Staff Members Present: 3. PLEDGE OF ALLEGIANCE Jerry Collins Paulette Cooper John McMillin Marian McNamee Nancy Snow Paula Weisz Kevin Witt Philip Plummer Meredith Reckert, Sr. Planner Ann Lazzeri, Secretary Following is the official set of Planning Commission minutes for the public hearing of September 5, 2002. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. 4. APPROVE ORDER OF AGENDA It was moved by Commissioner SNOW and seconded by Commissioner McNAMEE to approve the order of the agenda. The motion passed 7-0 with Commissioner PLUMMER absent. 5. APPROVE MINUTES - August 1, 2001 Commissioner SNOW offered an amendment to the minutes on page 3, paragraph 4, line 4 to add the following words to the last sentence: "and indicated that the city was not involved in any way.,, It was moved by Commissioner McNAMEE and seconded by Commissioner COOPER to approve the minutes as amended. The motion passed 7-0 with Commissioner PLUMMER absent. Planning Commission Page I .September 5, 2002 6. PUBLIC FORUM There was no one to appear before the Commission at this time. 7. PUBLIC HEARING A. Case No. ZOA-02-04: An ordinance amending Section 26-621 of the Wheat Ridge Code of Laws pertaining to parking in residential areas. The case was presented by Meredith Reckert. She reviewed the staff report which set forth revisions to the ordinance as suggested by the Planning Commission and City Council. The report also included a summary of similar regulations imposed by other jurisdictions. Commissioner MCNA1viEE expressed concern about restrictions which would allow only one recreational vehicle. Commissioner WITT expressed concern about limiting the number of vehicles that may be stored on a trailer. Commissioner McMILLIN suggested that, since recreational vehicles vary so much in size, it might work to set forth a linear allotment. For example, each property owner would be allowed so many linear feet regardless of the combination. There was discussion about whether or not horse trailers should be included in the definitions. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that an ordinance amending Section 26-621 of the Wheat Ridge Codes of Law pertaining to parking in residential areas be recommended for approval with the following amendments to Sections B, C and F: Section B shall read: "In residential zone districts, detached trailers and recreational vehicles are prohibited from parking in public rights of way except that one utility trailer or one recreational vehicle with or without an attached towed vehicle may be parked within public street rights-of-way for a period up to seventy-two hours. Moving the utility trailer or the recreational vehicle to another location in the right-of- way does not extend or re-start the 72-hour period. This section does not apply to campers mounted upon pickup trucks." The fast sentence of Section C shall read: "In residential zone districts, one recreational vehicle and one other detached trailer upon which may be mounted personal recreational vehicles may be parked or stored outside upon property owned by the vehicle owner, provided such vehicles are parked six (6) feet or more inside the front property line." In section F, the following words shall be added to the end of the first sentence: "as long as it is within six feet of a public street on private property under same conditions as set forth in Section C above." Planning Commission Page September 5, 2002 Noting that the city of Arvada limits the length of recreational vehicles to thirty feet, Commissioner McMILLIN moved to amend the motion to limit the length of recreational vehicles to 30 feet and any attached accessory vehicles be limited to 20 feet or less. The motion died for lack of a second. 8. 9. 10. 11. 12. A vote was taken on the original motion which passed by a vote of 7-0 with Commissioner PLUMMER absent. OLD BUSINESS Subdivision on north side of 32"d Avenue east of Kipling - Commissioner SNOW expressed concern that, while another developer has plans to develop property across the street from this project, the first developer is already responsible for building both sides of the street. There are also drainage issues involved between the two developers. She commented that this points out the need for some type of a cost recovery ordinance. NEW 1USINESS Cancellation of Planning Commission Meeting on September 19, 2002 - Meredith Reckert advised the Commission that there were no cases ready to come before the Commission on September 19, 2002. COMMISSION REPORTS There were no commission reports. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. ADJOURNMENT It was moved by Commissioner McNAMEE and seconded by Commissioner COOPER to adjourn the meeting at 8:15 p.m. The motion passed unanimously. Paula Weisz, Chair Ann Lazzeri, Recording Secretary Planning Commission Page 3 September 5, 2002 WHEAIRIDGE PURCHRSING Fax:3032345923 City of Wheat Ridge Planning and Development Department Memorandum TO: Mayor and Cigl Council Sep 23 2002 15:52 P.01 ~F.WHEgT ~COftA~ FROM: Alan White, Planning and Development Director Ow SUBJECT: Case No. ZOA 02-04, Ordinance amending Section 26-621 of the Code of Laws Pertaining to Parking in Residential Areas DATE: September 23, 2002 The request for Council Action Sheet for this item states that Planning Commission recommendations ARE included in the ordinance. The ordinance in your packet DOES NOT include the Planning Commission recommended changes. This ordinance was inadvertently left out. In order to include one or all of the Planning Commission recommendations, the motion should include 1, 2, 3, or 4 below. Suggested Motion: °°I move to approve Council Sill No. 29-2002, Case NO. ZOA 02-04, on second reading with the following changes: 1. Amend Section 26-123 with the addition of the following definition: Recreatiorud Vehicle, Persona[. Vehicles used in recreational pursuits designed for use by one or two persons, including such vehicles as snowmobiles, all-terrain vehicles, personal water craft, boats, and other similar motorized or non-motorized devices. 2. Revise Section B to read: in residential zone districts, detached trailers and recreational vehicles are prohibited from parking in public rights-of-way except that one utility trailer or one recreational vehicle with or without an attached towed vehicle may be parked within public street rights-of-way for a period of up to seventy-two hours. Moving the utility trailer or the recreational vehicle to another location in the right-of-way does not extend or restart the 72-hour period. This section does not apply to campers mounted upon pickup- trucks. 3. Change the first sentence of Section C to read: In residential zone districts, one recreational vehicle and one other detached trailer upon which may be mounted personal recreational vehicles may be parked or stored outside upon property owned by the vehicle owner, provided such vehicles are parked six (6) feet or more inside the front property line. 4. Add the following wording to the end of the first sentence in Section F: '$rovided such vehicles are parked six (6) feet or more inside the front property line under the same conditions asset forth in Section C above." CITY COUNCIL MINUTES: September 23, 2002 Page -2- APPROVAL OF AGENDA Motion by Mr. Mancinelli to pull Agenda Item 7. because this should have been brought up for reconsideration on September 9 at the Regular Meeting; seconded by Mr. Gokey; carried 7-1 with Mr. DiTullio voting no. Motion by Mr. Schneider to suspend the Council Rules and allow this Item to be considered tonight as Item 7. B. and further moved that all Rules be suspended for that particular debate; seconded by Mr. Gokey. Mr. DiTullio asked for a division of the question. First question to put this on as Item 7. B. carried 8-0. Second part of the motion failed 5-3 with Councilmembers Hanley, Figlus, and DiTullio voting no. (This needed 6 votes to pass) Motion by Mr. DiTullio to approve the Agenda as amended; seconded by Mr. Mancinelli; carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 29-2002 - An Ordinance amending Section 26-621 of the Wheat Ridge Code of Laws pertaining to parking in residential areas. Council Bill 29-2002 was introduced on second reading by Mr. Schneider; Clerk read summary and background and assigned Ordinance No. 1265. Alan White presented the staff report. He stated that the Ordinance contained in the packet was the one passed on first reading by Council and did not include the Planning Commission recommended changes. He faxed out a memo today, which included those changes. He elaborated on the changes to the Ordinance that were recommended by the Planning Commission. He recommended that the definition of "jet skis" be changed to "personal water craft". The changes recommended by Planning Commission read as follows: 1. Amend Section 26-123 with the addition of the following definition: Recreational Vehicle, Personal. Vehicles used in recreational pursuits designed for use by one or two persons, including such vehicles as snowmobiles, all- terrain vehicles, personal water craft, boats, and other similar motorized or non- motorized devices. CITY COUNCIL MINUTES: September 23, 2002 Page -3- 2. Revise Section B to read: In residential zone districts, detached trailers and recreational vehicles are prohibited from parking in public rights-of-way except that one utility trailer or one recreational vehicle with or without an attached towed vehicle may be parked within public street rights-of-way for a period of up to seventy-two hours. Moving the utility trailer or the recreational vehicle to another location in the right-of-way does not extend or re-start the 72-hour period. This section does not apply to campers mounted upon pickup trucks. 3. Change the first sentence of Section C. to read: In residential zone districts, one recreational vehicle and one other detached trailer upon which may be mounted personal recreational vehicles may be parked or stored outside upon property owned by the vehicle owner, provided such vehicles are parked six (6) feet or more inside the front property line. 4. Add the following wording to the end of the first sentence in Section F: "provided such vehicles are parked six (6) feet or more inside the front property line under the same conditions as set forth in Section C. above. Linda Weatherman is concerned about this Ordinance; they own a 27 ft Winnebago Motor home and have a 21 ft Pontoon Boat, which are stored on their property. She is not sure if this Ordinance would put them in violation. Mr. DiTullio asked Mr. White if the condition that the recreational vehicle had to belong to the property owner is in the Ordinance. Mr. White stated yes, that was addressed in Section C. This would apply to either an owner or a renter. Ms. Figlus asked Mr. White if somebody could have several personal recreational vehicles on the property. The answer was, yes, if they fit on 1 trailer, otherwise they would have to be stored inside. Mr. White stated that this would be addressed in change 3. The definition of "Recreational Vehicle" includes a Motor Home, a snowmobile, a personal watercraft, a boat, a camper trailer. She questioned the wording that recreational vehicles cannot be stored in a carport as addressed in Section C. and the same thing in Section F. in the last sentence. It should read "nonoperative vehicle". Mr. White agreed. Ms. Figlus questioned the parking of a visitor's RV. They can apply for a temporary parking permit, not to exceed 14 days and park on the street. Ms. Figlus asked that this also apply to parking in the driveway and the language be added to the Ordinance. " Alan Salzmann applauded Council for drafting an Ordinance with stronger language regarding recreational vehicles. He has had an experience with a large RV parked next to his driveway and he narrowly missed hitting children while backing out of his driveway. He submitted a petition 7 years ago for the removal of RV's from any frontage property. 90% of his neighbors signed it. CITY COUNCIL MINUTES: September 23, 2002 Page -4- Motion by Mr. Schneider to approve Council Bill 29-2002, Case No. ZOA-02-04, on second reading. I further move to add the following wording to the end of the first sentence in Section F. "provided such vehicles are parked six feet or more inside the front property line under the same conditions as set forth in Section C. above." I further move that we change the words "jet skis" in Section 1. to "personal watercraft"; seconded by Mrs. Rotola. Motion by Ms. Figlus to add amendments 1. 2. and 3. as proposed by the Planning Commission; seconded by Mr. Hanley. Mr. Schneider will vote no on this because this will water down the law we currently have in place. In reading 2., it says that one utility trailer or recreational vehicle with or without an attached vehicle may be parked within the public street, this means you can leave an abandoned trailer in the street. Right now you can't do that. Under our current ordinance it has to be attached to a towing vehicle. Ms. Figlus amended her amendment to strike the words "one utility trailer"; seconded by Mr. Hanley. Mr. Schneider stated if we left out the entire amendment it would be exactly as it is right now. Amendment to the amendment failed 2-6 with Councilmembers Hanley and Figlus voting yes. Motion by Mr. Gokey to amend Ms. Figlus' motion to strike 1. and 2. and add 3.; failed for lack of a second. Vote on amendment failed 2-6 with Councilmembers Hanley and Figlus voting yes Motion by Mr. Gokey to amend the motion to add 3.; seconded by Ms. Figlus. Mr. DiTullio stated this motion makes no sense because it goes with 1., which has not been included in the original motion. Mr. Gokey amended his amendment to add 1. to go with 3.; seconded by Ms. Figlus. Mr. Gokey stated that he wants to support the responsible RV and boat owners in the City, who take care of their possessions. The problem is with people who store five or six different recreational vehicles on their property. Motion tied 4-4 with Councilmembers Hanley, Gokey, Rotola, and Figlus voting yes. Mayor broke the tie by voting yes. Motion carried 5-4. CITY COUNCIL MINUTES: September 23, 2002 Page -5- Vote on main motion as amended carried 7-1 with Ms. Figlus voting no. Ms. Figlus asked when this would take effect and how people would be notified of this law. Mr. Dahl stated it would take effect 15 days after final publication and people would be notified by this ordinance being published in the newspaper. Ms. Figlus feels all of us are in favor of cleaning up the City, however 15 days is a very short time to allow people to make other arrangements. She doesn't know how many people read the fine print of public notices and she would be more comfortable if this would be enforced after the next publication of the Wheat Ridge Connection and give people an opportunity to find out about this other than getting a warning from the City. Item 2. Council Bill 30-2002 - An Ordinance adopting by reference the Wadsworth Boulevard Corridor Plan. (Case No. ZOA-02-05) Council Bill 30-2002 was introduced on second reading by Mr. Mancinelli, who read the title, summary and background. Clerk assigned Ordinance No. 1266. Alan White presented the staff report and answered Councils' questions. Motion by Mr. Mancinelli to adopt Council Bill 30-2002 (Ordinance 1266) (Case No. ZOA-02-5) on second reading and that it take effect immediately; seconded by Mr. Edwards; carried 7-1 with Mr. Gokey voting no. Item 3. Consideration of an application for a Special Use Permit to allow a gasoline fueling facility on C-1 zoned property located at 5201 West 38th Avenue and 3817 Sheridan Blvd. (Case No. SUP-02-01) (King Soopers) Vance Edwards stated that, based upon a discussion with Mr. Dahl, he will abstain from this Agenda Item. Charter Section 5.9 requires every Councilmember to vote on all matters unless he/or she has a personal or private interest in the matter. In the past, when items related to this matter were discussed, the party was 38th & Sheridan Ltd. Partnership, which owns the Shopping Center. He was then required to vote. The applicant this evening is King Soopers, who is his employer. If he voted, it would be considered a conflict of interest. He will leave Council Chambers for the entire agenda item and abstain from voting. Mr. Edwards left Council Chambers. Item 3 was introduced by Mr. DiTullio, who read the title, summary and background. Meredith Reckert, Planning Department, was sworn in by the Mayor and presented the staff report. She stated that Planning Commission had denied this request and an appeal was filed to City Council, that is why we are hearing this case tonight. She recommended an additional condition regarding the design of the canopy that would meet the streetscape manual requirements. CITY COUNCIL STUDY SESSION MINUTES CITY OF WHEAT RIDGE, COLORADO October 21, 2002 Mayor Cerveny called the Study Session to order at 7:00 p.m. Councilmembers present: Vance Edwards, Odarka Figlus, Dean Gokey, Harry Hanley, Ralph Mancinelli, Lena Rotola and David Schneider. Jerry DiTullio was not present. Also present: City Clerk, Wanda Sang; City Manager, Randy Young; Director of Planning, Alan White; Chief of Police Jack Hurst; Director of Parks and Recreation, Joyce Manwaring; staff and interested citizens. Motion by Mr. Mancinelli to approve the Minutes of September 16, 2002; seconded by Mrs. Rotola; carried 7-0. Motion by Mr. Schneider to move Agenda Item 5 to Agenda Item 1; seconded by Mr. Mancinelli; carried 7-0. Motion by Ms. Figlus to move Item 4 to Item 2; seconded by Mr. Hanley; carried 7-0. Approval of Agenda as amended, Item 5 is the first Item on the Agenda; Item 4 is the second Item on the Agenda; the other 3 Items follow; carried 7-0. Item 1. Ordinance 1265 - Parking in Residential Areas Alan White presented this item and passed out a list of comments and Staff recommendations. Kenneth King, 2949 Vivian St., spoke against the ordinance. He said that he had driven around Wheat Ridge and talked to 27 people about their knowledge of this ordinance. None of them knew anything about it. He asked that there be better communication between City Council and the citizens. Denver Johnson, 2948 Vivian St., read a letter he had written against the ordinance. Motion by Ms. Figlus to suspend the rules for the length of time spent on this item; seconded by Mr. Hanley; carried 6-1. Jim Opp, 3232 Vivian Dr., said that the ordinance should allow two RV's for each property. _ Shirley Walker, 4298 Kipling St., Unit A, owns a feed store in Wheat Ridge and spoke against the ordinance. Gary Hartley, 3250 Moore Ct., and Herbert Hartline, also spoke against the ordinance. David Schneider read comments from supporters of the ordinance and explained the reasons for the ordinance. STUDY SESSION MINUTES, October 21, 2002 Page - 2 - Discussion on the list of staff recommendations followed. 1. Consensus 7-0 to follow Staff recommendation regarding the number of vehicles. 2. Consensus 7-0 to follow Staff recommendation regarding the types of vehicles. 3. (a) Consensus 6-1 to follow Staff recommendation regarding the number and type of trailers, and consider all trailers to be the same. (b) Consensus 7-0 that a trailer with 4 snowmobiles on it would be considered one vehicle. 4. Consensus 7-0 NOT to incorporate Staff recommendation on the setbacks. 5. Consensus 6-1 to follow Staff recommendation for parking/storage surfaces. 6. Consensus 7-0 to follow Staff recommendation for parking in carports. 7. Consensus 7-0 to follow Staff recommendation for sight triangle/obstructions. 8. Consensus 7-0 to follow Staff recommendation to move the non-operative vehicles provision to Chapter 15. 9. Consensus 6-1 to follow Staff recommendation to not include a grandfather clause. Consensus failed 2-5 to allow visitors to a residence to be able to park on private property with a permit. Item 2. Code Enforcement Chief of Police Jack Hurst gave his recommendations on changes to Code Enforcement. Discussion followed. Consensus 7-0 to go along with Chief Hurst's Pro-Active Code Enforcement Position. Item 3. Arvada Excavating request to move channel into Johnson Park Alan White presented this proposal and asked Council to make a consensus to move this forward to a regular City Council Meeting. Discussion followed. Walt Pettit stated that this modification would help Wheat Ridge Water District. Joyce Manwaring asked that she get some kind of agreement or clarification of the plan to see how it would affect the park. Consensus 7-0 to bring this item forth to a regular City Council Meeting with a re-vegetation plan that will be comprehensive and address the concerns of Council. Item 4. Teen Center - future direction Joyce Manwaring and Julie Brisson, Recreation Superintendent, recommend closing the teen center as a drop-in center and moving the direction of the program into more programmed or scheduled activities and basing it out of the Anderson building. Discussion followed. Consensus 7-0 to support the policy direction on the teen program and to bring back options for the teen building. ITEM 5. October 21, 2002 INTRODUCED BY COUNCIL MEMBER SCHNEIDER Council Bill No. 29-2002 Ordinance No. 1 26 S Series of 2002 TITLE: AN ORDINANCE AMENDING SECTION 26-621 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PARKING IN RESIDENTIAL AREAS. . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,THAT: Section 1. Section 26-123 of the Wheat Ridge Code of Laws is hereby amended as follows: Recreational vehicle, s z able. A vehicle, such as a recreational trailer, tent camper trailer, truck camper, travel trailer, motor home or other vehicle with or without motive power, designed and/or constructed to travel on the public thoroughfare and originally intended and designed for human habitation. The term shall also include vehicles used in recreational pursuits such as snowmobiles, all-terrain vehicles, personal water craft, boats, and other similar motorized or non-motorized devices. vehicles. Section 2. Section 26-621 of the Wheat Ridge Code of Laws is hereby amended as follows: Sec. 26-621 Residential parking. A. 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. B. In residential zone districts, one (1) recreational vehicle (except campers mounted upon pickup trucks), boats, traifer-inotInted and or one (1) other towed vehicles such as, but not limited to, a utility trailers 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 re-start the 72 hour period. C. Except as noted above, in residential zone districts, detached trailers and recreation vehicles are prohibited from parking in public rights-of-way; however, one (1) detached trailer or one (1) recreational vehicle they may be parked or stored outside upon property owned by the vehicle owner, provided such vehicles are parked six (6) feet or more inside the front property line. Such vehicles will be similarly permitted upon residential rental properties where the owner of the vehicle resides upon the premises, and in the case of multifamily residential properties, where such vehicle or vehicles do not displace parking spaces required to meet the minimum vehicular parking standard for the property as set forth herein for multifamily residential land uses. 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 C, permanent or temporary carports, frame covered structures, tents, or other temporary structures shall not be used to store or conceal such recreational vehicles. D. In residential zone districts, In -cases 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. &E. 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 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. F. In residential zone districts, one (1) vehicle in non-operative condition as defined in Section 15-4 of the Code of Laws may be stored outside upon property owned by the vehicle owner, provided such vehicles are parked six (6) feet or more inside the front property line under the same conditions as set forth in Section C above. Such vehicle shall be.completely covered with a standard vehicle cover designed and manufactured for the purpose of covering a vehicle. Such cover shall be of a single earth tone or neutral color and shall be maintained in good condition free from holes, rips, tears, or other damage. Tarps, plastic sheets, or any other type of material not specifically designed and manufactured to cover a vehicle shall not be used to cover a non-operative vehicle. For the purposes of this subsection F, permanent or temporary carports, frame covered structures, tents, or other temporary structures shall not be used to store or conceal such non-operative vehicles. 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. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 6. This ordinance shall take effect upon adoption. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 191 day of August , 2002, 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 September 23 , 2002, 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 -L to ithis 9-iSd day of Cgp mb r 2002 Vetoed by the Mayor on this 26 day of September 2002 MAYOR'S VETO OVERRIDDEN BY A VOTE OF 6 TO 2; COUNCIL MEETING OCTOBER 14, 2002. ATTEST: GRETCHEN CERVENY, MAYOR Wanda Sang, City Clerk 71 GERALD DAHL, CITY ATTORNEY - 1st Publication: August 29, 2002 2nd Publication: October 17, 2002 Wheat Ridge Transcript Effective Date: October 14, 2002 CAE)m ments and Settings\alan\My Document;\WPHes\Proje=\zoning amendments\res parking ord.wpd MAYOR GRETCHEN CERVENY 3425 Moore St. Wheat Ridge, Colorado 80033-5533 voice: 303.233.1506 fax: 303.23668 cell; 303 378.8887 TO: Wheat Ridge City Council FROM Mayor Gretchen DATE September 26, 20((2 This is your official notification t at I am vetoing Ordinance # 1265 (Council Bill #29-2002) which Council passed on Monday, September 23, 2002. -In good conscience I can not allow this Ordinance to govern all the people of Wheat Ridge. This ordinance, as reconsidered and passed, allows citizens to park or store only one recreational vehicle or detached trailer outside on their driveway. I am vetoing this ordinance because it discriminates against the many owners of recreational vehicles who pull a boat or trailer with ATV's or snow machines behind their recreational vehicle. This ordinance would not allow them to park outside on their own property. It is my goal, as it is with Council, to keep "Wheat Ridge a nice place to live and work" I am aware that many of the people who move to some of the new neighborhoods in Wheat Ridge prefer the very restrictive covenants their homeowner associations enforce. I know there are some neighborhoods which have allowed their covenants to expire and wish to form a new homeowners association. However, I do not believe that the majority of Wheat Ridge citizens want the laws of Wheat Ridge to be this restrictive. I do believe the City should have some restrictions on recreational vehicles and trailers in residential areas. The City should have parking ordinances which protect public safety, particularly in the area of "sight triangles" where tall recreational vehicles can obstruct the vision of drivers. As we heard in the testimony September 23, 2002, this ordinance does not address the public safety concern of tall recreational vehicles which do not have to follow the height restrictions the City has for fencing. I urge Council not to forget that the citizens are our customers and to bring forward ordinances which address public safety and welfare without unduly infringing on our citizens' personal rights. I. Provision Comment Staff Recommendation 1. Number of Vehicles Currently limited to one (1). Increase number of Recreational vehicles vs. recreational vehicles or personal craft trailers allowed to be stored or parked to two (2). 2. Types of Vehicles Currently all are treated the same. Create second definition of Recreational Vehicles vs. If allowed in addition to personal recreational vehicle personal craft recreational vehicles, should the to cover snowmobiles, etc. number of personal craft stored on a trailer be limited? 3. Trailers (Number and type) Not clear if snowmobile on a trailer Allow these vehicles to be Horse trailers are not constitutes one recreational stored on a trailer as an mentioned vehicle plus one trailer- a equivalent to a recreational violation. Needs clarification. vehicle. Horse trailers should be treated as any other trailer. 4. Setbacks Current requirement is 6 feet in Require storage in the side or Front front only rear yards to conform to Side carport/detached garage Rear setback (generally 5 feet). Front setback remains 6 feet, unless a driveway sight triangle is involved. 5. Parking/Storage Surface Not addressed in Section 26-621. Many areas of the City have Section 26-501 (D) requires "areas gravel driveways. Gravel subject to wheeled traffic for should be allowed as a access, parking, sales, or parking surface. storage, to be surfaced with concrete, asphalt, brick pavers or similar materials." The first 25 feet of a driveway must be surfaced with these or "similar materials." 6. Parking in Carports Intent was to prohibit recreational Make change to ordinance. vehicles or trailers above the one allowed on the property to be stored in a carport or tent. This needs to be clarified. 7. Sight Triangles/Obstructions Current requirement applies to Clarify that this requirement driveways only: 15 from the edge or the 6-foot setback applies, of driveway and 15 feet from the whichever is greater. right-of-way line. 8. Non-operative Vehicles This provisions should be moved Make change to ordinance. to Chapter 15 where non-operative vehicles are defined. 9. Grandfather Existing This would require verification of Do not include a Vehicles and Trailers current vehicles and trailers in the grandfathering clause. City via a windshield survey of every lot on every street. Very time consuming. DF WHEAT " ua__t m REQUEST FOR CITY COUNCIL ACTION LORA~ COUNCIL MEETING DATE: December 9, 2002 TITLE: CASE NO. ZOA 02-04, RESIDENTIAL PARKING (REVISED) PUBLIC HEARING ❑ ORDINANCES FOR 1ST READING (Date: 11/18/02) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ / Yes No Planning and Development Director City Manager RECOMMENDED ACTION: Staff recommends approval of Council Bill No. 36-2002 with the following amendments: Renumber Section 5, Safety Clause to Section 6. 2. Renumber Section 6 to Section 7. Renumber Section 7, Suppression Clause to Section 8. EXECUTIVE SUMMARY: This is an update to inform Council of Planning Commission's action on this case at their hearing on December 5, 2002. The attached ordinance contains all changes agreed to by consensus at Council's study session held on October 21, 2002 and all changes made on first reading. FINANCIAL IMPACT: See original action form. COMMISSION/BOARD RECOMMENDATION: Planning Commission recommended adoption of the ordinance with the following amendments: Section 1, third paragraph under definition of trailer: eliminate the words "and horse trailers" and add the words "but does not include horse trailers." 2. Section 2, paragraph B, second line, after the words "may be stored outside" add the following words: "in the front yard setback or any unfenced side yard adjacent to a public street. Parking is allowed only upon property occupied by the vehicle owner. Additional recreational vehicles or trailers may be parked elsewhere on the property provided that the maximum area used for parking or storage of recreational vehicles, trailers or non-operative vehicles does not exceed 40% of the remainder of the lot." 3. Section 2, paragraph B, add the following words to the end of paragraph B: "Any property owner may apply to the BOA for a variance from the location and number of recreational vehicles and trailers imposed by this subsection. Such application shall be made in the manner required by Section 2-61 and 26-115 and shall be evaluated and decided upon by the Board of Adjustment in the manner required by Section 2-53(d) and 26-115. Additional vehicles permitted by action of the Board shall be located, screened or covered as directed by the Board by conditions of approval of any such variance." 4. Section 2, paragraph E, change the first sentence to read: "Horse trailers, pickup truck- mounted campers........." 5. Section 2, paragraph F, add the following words to the end of this paragraph: "Any owner of property attempting to improve the required parking surface to comply with this ordinance shall be given until September 30, 2003 to comply." 6. Section 3, paragraph (k) second line, after the words "may be stored outside" add the following words: "in the front setback or unfenced side yard adjacent to a public street. Parking is allowed only upon property occupied by the vehicle owner..." 7. Section 3, paragraph (k) line 12, change wording as follows: "Any property owner may apply to the Board of Adjustment for a variance from the location and number of non-operative vehicles imposed by this subsection...." W W J-OVLU t-1 1 v c V LW Ct 8. Section 3, paragraph (k) line 12, insert the following language prior to the Board of Adjustment provision: ts or trailers may be parked elsewhere "Ad on the property provided that the maximum area used for parking or storage of recreational vehicles, trailers or non-operative vehicles does not exceed 40% of the remainder of the lot. 9. Section 5 - Safety Clause should be renumbered to Section 6. 10. Section 6 should be renumbered to Section 7 and add the following words: "Warning tickets will be the only type of enforcement for six months after the effective date of this ordinance. No fines will be assessed for six months after the effective date of this ordinance." 11. Section 7, Suppression Clause should be renumbered to Section 8. Each portion of the above motion was discussed and approved by consensus earlier in the meeting prior to making the formal motion. Because no consensus was reached on the issue of parking or storing oversize recreational vehicles, the Commission voted to study this issue further at a later date. The motion failed 3-3. C:\Documents and Settings\alan\My Documents\WPFiles\Projects\zoning amendments\RV parking cc action update.doc PROJECT HISTORY: See original action form. STATEMENT OF THE ISSUES: In discussing large recreational vehicles, the Planning Commission considered establishing setbacks and prohibiting parking in both side yards to address impacts to neighbors. No consensus was reached. The Commission generally agreed that restricting RV's to a certain number across the board was unreasonable given the widely varying lot sizes in the City. Owners of larger lots should have the ability to store more vehicles. The Planning Commission's recommendations to permit any number of recreational or non-operative vehicles in side or back yards are attempts to reconcile the issue of lot size versus number of vehicles allowed. The implementation of this will be difficult and time consuming. There will be those who will claim the five non-operative vehicles in the back yard are collector cars, when in reality an illegal auto repair home occupation is being conducted. If storage is allowed in the side and back yards for vehicles in excess of the two allowed in the front, is there a need to create a variance process with the BOA? The only item available for variance is the 40% lot coverage requirement. The variance procedures for either non-operative vehicles or recreational vehicles will add to staff workload. ALTERNATIVES CONSIDERED: See original action form. Report Prepared by: Alan White (303)- 235-2844 Attachments: None C:\Documents and Settings\alan\My Documents\WPFiles\Projects\zoning amendments\RV parking cc action update.doc WHEATRIDGE PURCHASING Fax:W32345923 Dec 9 2002 16:29 P.04 REQUEST FOR CITY COUNCIL ACTION n IJQ-"- r ~ h COUNCIL MEETING DATE: December 9, 2002 TITLE: CASE NO. ZOA p2-04, RESIDENTIAL- PAREING (REVISED) FOFOR R 1 2ND REAIINGOate: 1 ls/ 2> ® BIIDDSI/MOTI NSNG ® ORDINANCES ❑ ❑ RESOLUTIONS Quasi-Judicial: Q Yes No, dab Planning and Development Director City Man r IZECOMMSND>?D ACTION: . Staff recommends approval of Council Bill No. 36-2W2 with the following amendments: Renumber Section 5, Safety Clause to Section 6. 2. Renumber Section 6 to Section 7. 3. Renumber Section 7, Suppression Clause to Section 8. EXECUTIVE SUMMARY: This is an update to inform Council of planning Commission, s action on this case at their hearing on December 5, 2002. The attached ordinance contains all changes agreed to by consensus at Council, s study session held on October 21, 2002 and all changes made on first reading. MjANCL4LffACL See original action form. COMMLSSION/B_OARD RECOMMENDATION: Planning Commission recommended adoption of the ordinance with the following amendments: 1. Section 1, third paragraph under definition of trailer: eliminate the words "and horse trailers" and add the words "but does not include horse trailers." WHEAlRIDGE PURR RSING Fax:3032345923 Dec 9 2002 16:29 P.06 PROTECT MSTORY: See original action form. STATEMENT OF THE ISSUES: In discussing large recreational vehicles, the Planning Commission considered establishing setbacks and prohibiting parldng in both side yards to address impacts to neighbors. No consensus was reached. The Commission generally agreed that restricting RV's to a certain number across the board was unreasonable given the widely varying lot sizes in the City. Owners of larger lots should have the ability to store more vehicles. The Planning Commission's recommendations to permit any number of recreational or non-operative vehicles in side or back yards are attempts to reconcile the issue of lot size versus number of vehicles allowed. The implementation of this will be difficult and time consuming. There will be those who will claim the five non-operative vehicles in the back yard are collector cars, when in'reality an illegal auto repair home occupation is being conducted. If storage is allowed in the side and back yards for vehicles in excess of the two allowed in the front, is there a need to create a variance process with the BOA? The only item available for variance is the 40% lot coverage requirement. The variance procedures for either non-operative vehicles or recreational vehicles will add to staff workload. ALTERNATIVES CONSIDERED: See original action form. Report Prepared by: Alan White (303)- 235-2844 Attachments: None coocuments and SettingslalanVdy DocumentslWPFiles\Projectslzoning amendmonts\RV parldng cc action update.doc WFERTRIDGE PURpiRSING Fax:3032345923 Dec 9 2002 16:29 P.05 2. Section 2, paragraph B, second line, after the words "may be stored Outside" add the following words: "in the front yard setback or any unfenced side yard adjacent to a public street. Parking is allowed only upon property occupied by the vehicle owner. Additional recreational vehicles or trailers may be parked elsewhere on the property provided that the maximum area used for parking or storage of recreational vehicles, trailers or non-operative vehicles does not exceed 40% of the remainder of the lot." 3. Section 2, paragraph B, add the following words to the end of paragraph B: "Any property owner may apply to the BOA for a variance from the location and number of recreational vehicles and trailers imposed by this subsection. Such application shall be made in the manner required by Section 2-61 and 26-115 and shall be evaluated and decided upon by the Board of Adjustment in the manner required by Section 2-53(d) and 26-115. Additional vehicles permitted by action of the Board shall be located, screened or covered as directed by the Board by conditions of approval of any such variance." 4. Section 2, paragraph E, change the first sentence to read: "Horse trailers, pickup truck- mounted campers.,,......" 5. Section 2, paragraph F, add the following words to the end of this paragraph: "Any owner of property attempting to improve the required parking surface to comply with this ordinance shall be given until September 30, 2003 to comply." 6. Section 3, paragraph (k) second line, after the words "may be stored outside" add the following words: "in the front setback or unfenced side yard adjacent to a public street. Parking is allowed only upon property occupied by the vehicle owner..." 7. Section 3, paragraph (k) line 12, change wording as follows: "Any property owner may apply to the Board of Adjustment for a variance from the location and number of non-operative vehicles imposed by this subsection...." 8. Section 3, paragraph (k) line 12, insert the following language prior to the Board of Adjustment provision: "Additional recreational vehicles or trailers may be parked elsewhere on the property provided that the maximum area used for parking or storage of recreational vehicles, trailers or non-operative vehicles does not exceed 40% of the remainder of the lot. 9. Section 5 - Safety Clause should be renumbered to Section 6. 10. Section 6 should be renumbered to Section 7 and add the following words: "Warning tickets will be the only type of enforcement for six months after the effective date of this ordinance, No fines will be assessed for six months after the effective date of this ordinance. " 11. Section 7, Suppression Clause should be renumbered to Section S. Each portion of the above motion was discussed and approved by consensus earlier in the meeting prior to making the formal motion. because no consensus was reached on the issue of parking or storing oversize recreational vehicles, the commission voted to study this issue further at a later date. The motion failed 3-3. C:\Documents and Setnngs\alau\My DocumentslwpFiles\Projeets\zoning amondmentgURV parking cc action update.doc CITY COUNCIL MINUTEo: December 9, 2002 Page -2- Motion by Mr. Edwards that at the end of the Regular City Council Meeting we go into Executive Session for conference with the City Attorney under Charter Section 5.7(b)(1) and Section 24-6-4(2)(4)(b) of C.R.S., specifically legal advise on specific legal questions, waiver of environmental indemnification and threatened litigation; seconded by Mrs. Rotola; carried 7-0. Motion by Mr. DiTullio to approve the Agenda as amended; seconded by Mr. Edwards; carried 7-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 36-2002 -An Ordinance amending the Wheat Ridge Code of Laws pertaining to parking and storage of vehicles in Residential areas. (Case No. ZOA-02-04) Council Bill 36-2002 was introduced on second reading by Mr. Schneider; Clerk assigned Ordinance No. 1271. Alan White, Director of Planning, explained the differences between this new Ordinance and the previous Ordinances addressing Recreational Vehicles. He also addressed Planning Commission recommendations. He clarified that this Ordinance applies to Residential Zone Districts, anything that starts with R-, not Agricultural Zone Districts. The following citizens spoke against the Ordinance: Perry DeVere, Don Kammerzell, Leslie Owens, Art Baston, Bill Chouinard, Shirley Walker, Nancy Ward, Liz Cardenas, Kevin Craig, Polly Pinkston, Greg Squires, Don MacDougall, Marc Kahre, Jim Stevens, John McMillin, Paul Dierschow, Robert Beyl, Jeff Moellentine, Lyal Bright, Barbara Bright, Greg Lagerberg, Denver Johnson, Randy Stone, Cindy Shaw, Jim Simons, William Hedden, Brent Owens, Cindy Owens, Doug Linder, RaeAnn Flageolle, Gerald Flageolle, Kate Hartline, Tom Nielsen, Victor Olson, Janet Bradford, Daniel Lazzad, Chris Whiteman, Luis Riggiero. Their comments and concerns were: The Ordinance needs to be changed to allow farmers to conduct their business in Wheat Ridge; the previous Ordinance is ridiculous and needs to be revoked in its entirety; there should be more hearings on this matter; people bought large properties so they can store their recreational vehicles in their back yard; this should go to a vote of the people; this is not a covenants community; take the advice of the Planning Commission or face recall; it won't be easy to enforce this Ordinance; CITY COUNCIL MINUTES: December 9, 2002 Page -3- are we going to expend police time in enforcing this; don't rush through this, it is not a crisis and an imminent danger to Wheat Ridge; leave us alone and take care of trashy places with the nuisance code; RV owners pay a lot of taxes and buy their tires and supplies in Wheat Ridge; don't spend our tax money on enforcing this. The following citizens spoke in favor and support of the Ordinance and urged Council to pass it: Don Peterson, Sheila Bardwell, Ellen Rollins, and Jay Rollins. Their comments included: We want to have a nice rural community and respect each others property; property values need to increase; we don't want a blighted community. Motion by Mr. Schneider to approve Council Bill 36-2002 (Ordinance 1271), Case No. ZOA-02-04 on second reading; seconded by Mr. Gokey. Motion by Mr. DiTullio to amend to delete Sections 1. 2. and 7. and by renumbering the remaining Sections accordingly; seconded by Ms. Figlus; failed 2-5 with Mr. DiTullio and Ms. Figlus voting yes. Motion by Mr. DiTullio to amend by incorporating the Planning Commission recommendations listed on the fax dated December 9, 2002, including the corrections Mr. White made; seconded by Ms. Figlus; failed 2-5 with Councilmembers Figlus and DiTullio voting yes. Motion by Ms. Figlus to refer this Item to the January Study Session; seconded by Mr. DiTullio; failed 2-5 with Mr. DiTullio and Ms. Figlus voting yes. Vote on original motion carried 6-1 with Ms. Figlus voting no. Ms. Figlus agreed with a member of the audience that this Ordinance is less bad than the last one, but bad is bad and she will not support it. Item 2. Council Bill 35-2002 - repealing and reenacting Chapter 22 of the Code of Laws of the City of Wheat Ridge concerning Taxation; moving certain sections of chapter 22 concerning the licensing of Peddlers, Solicitors and Nonresident vendors to Chapter 11; and eliminating the requirement that canvassers obtain a license. Council Bill 35-2002 was introduced on second reading by Ms. Figlus, who also read the title and summary. Clerk assigned Ordinance No. 1272. City Treasurer, Ron Patera, explained that this makes some of the language a little more user friendly and when there are references to the Colorado Revised Statutes they are correct. This has no impact on tax policy. CITY COUNCIL STUDY SESSION MINUTES CITY OF WHEAT RIDGE, COLORADO November 17. 2003 7:30 p.m. The Study Session was called to order by Mayor Cerveny at 7:30 p.m. Councilmembers present: Jerry DiTullio, Karen Berry, Dean Gokey, Wanda Sang, Karen Adams, Lena Rotola, and Larry Schulz. Also present: City Clerk, Pam Anderson; City Manager, Randy Young; Director of Community Development, Alan White; and interested citizens. APPROVAL OF MINUTES OF APRIL 21, 2003 Motion by Mr. DiTullio to approve the Minutes of April 21, 2003; seconded by Mrs. Rotola; carried 3-0 with Councilmembers DiTullio, Rotola and Gokey voting yes. Councilmembers Berry, Sang, Adams, and Schulz were not on Council during that meeting. APPROVAL OF AGENDA Motion by Mrs. Sang to approve the Agenda as printed; seconded by Mr. Gokey; carried 7-0. Item 1. Ordinance 1271 - Parking and Storage of Vehicles in Residential Areas. Mr. White reported on the history and intent of the ordinance. He also gave his recommendation on not including a grandfather clause. His department has heard a lot of concerns regarding storage of large recreational vehicles. Mr. DiTullio asked Mr. White if Council had the option to send these recommendations to Planning Commission. Mrs. Adams said she felt that this should go back to Planning Commission, and felt it would be important to have a notification process to concerned citizens. Mr. Young explained that the study session process is to establish whether Council wished to go forward with staff recommendations, and get feedback. Mr. DiTullio asked for consensus that the staff recommendations be drafted in ordinance form and sent to Planning Commission for consideration. STUDY SESSION MINUTES: November 17, 2003 Page -2- Mr. Gokey asked to amend the consensus to include more detailed criteria and instructions that recreational vehicles must meet setbacks for accessory structures, and present zoning codes; Consensus was 7 to 0. Mr. Gokey asked to amend instructions to create size criteria or classification for recreational vehicles. Mr. White suggests a consensus to give general direction to staff and Planning Commission to come up with a way to deal with the visual impacts of large recreational vehicles stored in the front yard; Consensus was 7 to 0. Main consensus by Mr. DiTullio to send staff recommendations with two amendments to Planning Commission and come back with a recommendation or not; Consensus was 7 to 0. Item 2. Review of Section 26-613: Home Occupation (Commercial Vehicles). Mr. White reviewed the code section regarding home occupation of commercial vehicles. The code restricts home occupation to one commercial vehicle per home occupation. He explained the history, details, and intent of the code and explained that the ordinance does not refer to limousines in particular. Mr. Young wanted to establish the context of the ordinance. He stated that selecting one exemption for residential zones makes it difficult, because you are selecting one above others. Mrs. Sang asked for consensus to hear a representative from the audience; Consensus was7to0. Peter Perrone spoke on behalf of audience members. The PUC considers sedans limousines. The limousines have no more traffic impact than other people coming and going from work. The business goes to great lengths to not impact the community. The industry has a desire to preserve residential neighborhoods. What is the distinction between allowing two RVs, but only one limousine? Mr. DiTullio reemphasized that this is not about limousines, but that they have to consider all commercial vehicles. Mr. Perrone felt that there should be a process for exception. Sedans should be exempt. Mr. Schulz stated that it is important that the rules make sense and that Wheat Ridge is friendly to businesses, and we are fair. He would like to know how we compare to other communities. Mr. White said that there would have to be some research about some of the neighboring communities. INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2004 TITLE: AN ORDINANCE AMENDING SECTION 26-621 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PARKING IN RESIDENTIAL AREAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-621 of the Wheat Ridge Code of Laws is hereby amended as follows: Sec. 26-621 Residential parking. A. 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. B. 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: • Recreational Vehicle • Trailer upon which are stored personal recreational vehicles 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: The vehicles or trailers are less than six (6) feet in height, and 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. C. 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 CAProjectsVoning amendments\Residential ParkingVes parking 3rd version.rtf 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 both areas between the street and the walls of the structure facing the street. Such vehieles will vehieulaf a siaefitia' 'a-a uses. 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 C 13, 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. D. 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. E.E. 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 re- start the 72 hour period. D.F. 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. E.G. 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 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. C:Trojects\zoning amendmentsXResidential Parking\res parking 3rd version.rtf F.H. 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. 1. 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. Any vehicle or trailer owner may apply for a variance to the restrictions contained in paragraphs B, C, and D in accordance with the procedures for requesting a minor variance as provided in Section 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 Section 26-109 B, C and D. 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. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 6. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of - to - on CAProjectsVoning amendments\Residential Parkingtres parking 3rd version.rtf this -day of , 2004, 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 2004, 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 2004. SIGNED by the Mayor on this day of 2004. GRETCHEN CERVENY. MAYOR ATTEST: Pamela Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY Ist Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: CAPrujects\zuning amendments\Residential ParkingUes parking 3rd version.rtf Interior Lot Area of exec if screened; exempt mu: setbacks Corner Lot Area of exempt RV's if screened; non- exempt must meet setbacks Area of non-exe RV's; and exen if screened RV Parking in Residential Areas Area of 1 RV; 6' setback from the property line Area of 1 RV; 6' setback from the property line Street d U) d in Areas of non-exempt RV's; and exempt RV's if screened City of Wheat Ridge Planning and Development Department Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director SUBJECT: Case No. ZOA 03-19, Parking in Residential Areas DATE: December 11, 2003 This Case is: Quasi-judicial X Legislative Proper notice was given for this public hearing. Background Attached is a revised ordinance addressing RV parking in residential areas. The changes are based upon staff recommendations made to the Council at their study session on November 17th Those recommendations were based upon a series of meetings held this past summer with RV owners and non-owners. Attached to this memo is the memo prepared for the Council's study session containing a summary of the history of this legislation and staff recommendations. Council's direction was to forward to Planning Commission a new ordinance containing staff recommendations and a way to address the visual impacts of large recreational vehicles stored in the front yard. Attached are the minutes from the study session. Changes proposed for the Commission's consideration are shown in bold. Deletions are shown in strilgh. Summary of Ordinance Changes The current regulations have been changed as follows: 1. Recreational vehicles and trailers less than 6 feet in height are exempt from the limitation of two recreational vehicles, provided they are located in a side or rear yard and are screened by a 6-foot high solid fence, vegetation, or structure and are not visible from the public right-of-way. 2. Recreational vehicles parked in the front and side yards need not meet any setback requirements other than the existing requirement for a 6-foot setback from the front property line. Recreational vehicles parked in a back yard must meet the side and rear setback requirements for an accessory structure. 3. Any vehicle or trailer owner may request a variance to the two recreational vehicle/trailer limitation, the limitation of one vehicle being parked in the front yard, and required setbacks in the rear yard only. The process referred to used is the minor variance process, whether or not the request exceeds the 10% limitation or not. 4. The regulations apply to renters so long as the vehicle stored on the property is owned by the renter. 5. There are no provisions to grandfather any existing situations. Staff Comments Grandfathering existing situations in the community would be a time-consuming and labor- intensive endeavor. This would entail inventorying every residential parcel in the City for recreational vehicles and trailers. Probably several situations would change during the course of conducting the inventory, rendering the inventory inaccurate. There simply isn't the time or personnel to commit to this task. The process for requesting more than two vehicles, or more than one in the front yard, or lesser setbacks in the rear yard is the minor variance process. This starts as an administrative process where adjacent property owners are notified. If there are no objections, the request(s) can be approved administratively. If there are objections, the request goes before the Board of Adjustment for a hearing. In addressing the visual impact issue, there are several options to consider: 1. Do not allow parking of recreational vehicles beyond the front wall of the structure. This would require the parking of all recreational vehicles in side or rear yards. This may not be possible on smaller lots in the City. Numerous permits have been issued for the purpose of constructing parking pads for vehicle storage in front yards. 2. Require any recreational vehicles parked in the front yard to be screened. Maximum height for fences in the front yard is four feet. This makes fencing minimally effective in screening. Vegetation must be fairly dense and compact to provide effective screening, and this may occur only after many growing seasons. Deciduous vegetation does not provide effective screening in the winter. Is it really possible to hide a motor home parked in a front yard? 3. Restrict the number of vehicles allowed to be parked in the front yard. Since two non- exempt vehicles are allowed to be stored outside, the only restriction available is to allowed one vehicle to be parked in the front yard. This appears to be the only realistic option to deal with the impact. This restriction would apply to all recreational vehicles. 4. Create classifications of vehicles and prohibit the parking of "oversize" vehicles in the front yard. The difficulty with this option is defining "oversize." How big is too big? Should the measure of "oversize" be height, length, or weight? Such provisions might tend to complicate the regulations for enforcement officers and citizens and could slow down enforcement by requiring time to measure a vehicle or to research its weight. 5. Increase the required setback from the front property line. The current requirement is six feet. An increased setback would push vehicles farther back into the lot. Although the front setback in each residential zone district is 30 feet, many homes have been built with a lesser setback. The thirty-foot setback allows for the parking of a 24-foot motor home on a driveway while meeting the six-foot setback. These two factors combine to make it difficult to park a vehicle over 24 feet long entirely in the front yard anyway. An increased setback might be difficult to implement in areas of the City with narrow side yards and where permits have been previously issued for parking pads accommodating the six-foot setback. The draft ordinance contains a provision implementing option #3, allowing only one recreational vehicle or trailer to be stored in the front yard. Short of banning all recreational vehicles in the front yard, this limitation is the easiest to interpret and enforce. It would reduce the potential number of vehicles parked in front yards, thereby potentially reducing the visual impact. Exhibits: 1. Memo to City Manager dated 11/07/03. 2. Minutes of Council study session of 11/17/03. 3. Proposed Ordinance 4. Figures showing allowed parking areas City of Wheat Ridge of ""EAT y Community Development Department Memorandum OR TO: Randy Young, City Manager FROM: Alan White, Community Development Director SUBJECT: Recreational Vehicle Parking DATE: November 7, 2003 This memorandum presents a brief history of the changes made to RV parking regulations, a summary of recommendations from public meeting held this past summer, and staff recommendations for changes to the existing regulations. The current regulations are found in Section 26-621, Residential Parking, of the Code of Laws. History • Revised Chapter 26 was adopted by Council in February 2001. Amendments did not include any changes to residential parking dealing with recreational vehicles. Previously, and with the new Chapter 26, there was no limit on the number of recreational vehicles allowed on a residential lot. • Ordinance No. 1265 was adopted by Council on September 23, 2002. This ordinance defined recreational vehicles and limited the number allowed to be parked outside on residential property to one. Ordinance 1265 is attached. • Ordinance No. 1265 was vetoed by the Mayor. Council overrode the veto. • Council held a study session on October 21. 2002 and reached consensus on several changes to the ordinance. • Ordinance No. 1271 was adopted by Council on December 9, 2002. This ordinance made the following changes to the provisions adopted in September: o A definition of personal recreational vehicle was added. Horse trailers were added to the definition of trailers. o A maximum number of two of the following can be stored outside on residential property: recreational vehicle; trailer upon which is stored any number of personal recreational vehicles. o Clarified language relating to parking vehicles in excess of the two permitted vehicles in carports or temporary structures. o Allowed parking or storage areas to be surfaced with gravel. o Moved the non-operative vehicle provision to Chapter 15 (Nuisances) of the Code of Laws. o Empowered the Board of Adjustment to hear requests for variances to the number of non-operative vehicles allowed on a residential property. These are the regulations currently in effect. Ordinance 1271 is attached. • On January 13, 2003, Council directed staff to conduct a series of public meetings to solicit comments and ideas about changes to the ordinance. Meetings were held at the Recreation Center on May 21", June 18'', and July 16`s. The group recommended the following changes: o Modify the current ordinance to exempt recreational vehicles and trailers under six feet in height. o Grandfather existing vehicles over six feet in height. The grandfather status should take into account all heirs to the property (i.e. family members who purchase the property) and would need to consider when a landowner trades one RV in for a newer model. The ordinance should address people that own RV's but rent the property. o Create a variance process that would provide relief and allow property owners to have more than two recreational vehicles or trailers. o Some restriction on the amount of lot that could be used for RV or trailer parking should be included, along the line of the 40% rear coverage recommended by Planning Commission in 2002. No specific percentage was recommended. Staff Recommendations Staff recommends the following changes to the ordinance: 1. Allow recreational vehicles less than 6 feet in height which are stored outside to be exempt from the two recreational vehicle limitation, provided they are screened by a 6-foot high solid fence and not visible from the public right-of-way. 2. Recreational vehicles parked in the front and side yards need not meet any setback requirements other than the existing requirement for a 6-foot setback from the front property line. Recreational vehicles parked in a back yard must meet the side and rear setback requirements for an accessory structure. 3. Create a process (similar to the non-operative exception process) whereby an owner may apply for additional vehicles above the two recreational vehicles limitation. 4. Amend the regulations so that what is allowed applies to renters. 5. Do not create any provisions grandfathering any existing situations. CITY OF W G COMMISSION Minutes of Meeting December 18, 2003 ,ar 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Planning Commission was called to order by Chair McNAMEE at 7:02 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Commission Members Present: Staff Members Present: 3. PLEDGE OF ALLEGIANCE John McMillin Marian McNamee Phil Plummer (arrived at 7:04 p.m.) Paula Weisz Scott Wesley Kevin Witt Alan White, Community Development Director Kathy Field, Administrative Assistant Following is the official set of Planning Commission minutes for the public hearing of December 18, 2003. A set of these minutes is retained both in the office of the City Clerk and in the Community Development Department of the City of Wheat Ridge. 4. APPROVE ORDER OF AGENDA It was moved by Commissioner WEISZ and seconded by Commissioner WITT to approve the agenda as presented. The motion passed unanimously. 5. APPROVE MINUTES - December 4, 2003 It was moved by Commissioner McMILLIN and seconded by Commissioner WESLEY to approve the minutes of December 4, 2003 as presented. The motion passed with Commissioners WEISZ and WITT abstaining. 6. PUBLIC FORUM There were none present to address the Commission. 7. PUBLIC HEARINGS A. Case No. ZOA-03-19: An ordinance amending Section 26-621 of the Wheat Ridge Code of Laws pertaining to parking in residential areas. The case was presented by Alan White. He advised the Commission there was jurisdiction to hear the case and reviewed the staff report. Planning Commission Page I December 18, 2003 Commissioner McMILLIN suggested that language be added to clarify that if an RV is parked on the side, but a portion of it extends into the front yard, it would be counted as an RV parked in the front yard. Commissioner MCMILLIN referred to the 6-foot height limitation, and suggested that specific language be added regarding boat trailers because, while a boat trailer would not exceed the 6- foot limitation, adding a boat would most likely exceed that 6-foot limit. Alan White commented that this would come under the exempt status. In response to a question from Commissioner McMILLIN, Alan White estimated that variance fees would fall between $200 and $500. Commissioner McMILLIN then suggested that variance fees be forgiven for a certain period of time to allow citizens to apply for a variance without charge. Commissioner WESLEY asked if there are height limitations for boats. Alan White explained that height limitations presently apply only to structures. Chair McNAMEE invited public comment at this time. Don MacDougall 9815 W. 37`h Ave. Mr. MacDougall was sworn in by Chair McNAMEE. He did not feel lot sizes had been adequately taken into consideration in this ordinance. He has lived in his present location for 35 years and has never received a complaint about his horse trailers and stated he was in favor of a grandfather clause. Victor Olson 2620 Upham St. Mr. Olson was sworn in by Chair McNAMEE. He questioned the objective behind the regulations. Alan White responded that it was developed to help clean up the appearance of the City. Mr. Olson questioned where such regulations had been effective and what ordinance the regulations were modeled after. He objected to the whole concept of regulating RV's. Tom Gillen 3250 Nelson St. Mr. Gillen was sworn in by Chair McNAMEE. He thought the ordinance was a good compromise. He thanked Alan White and staff for their work on the issue. Roger Davidson 4590 Vance St. Mr. Davidson was sworn in by Chair McNAMEE. He stated he thought the City was shooting itself in the foot by making these rules. He asked about non-operative vehicles and was told they are handled under the nuisance code. He asked about vehicles parked partially in the front yard. Planning Commission Page 2 December 18, 2003 Denver Johnson 2948 Vivian St. Mr. Johnson was swom in by Chair McNAMEE. He commented that the rules were being established for aesthetic reasons. He has a utility trailer and an RV. He explained that his house sits on an angle on a comer lot and asked how the rules of front yard and side yard would apply in his situation. Jim Opp 3232 Vivian Dr. Mr. Opp was sworn in by Chair McNAMEE. He explained his situation. His lot backs up to Lena Gulch and he can't access his back yard from the rear. He can't access his back yard from the side and he can't park on the side because the houses are too close together, so he must park his RV and trailer in the front yard. He suggested a holiday period for enforcing the regulations so that residents could apply for variances. Polly Pinkston 10630 W. 46`h Ave. Ms. Pinkston was swom in by Chair McNAMEE. She asked if the regulations applied to her property zoned A-2. Alan White replied that the regulations only apply to residentially zoned property and that they would not apply to her. She thanked staff for their work. Kevin Craig 10615 W. 46`h Ave. Mr. Craig was sworn in by Chair McNAMEE. He questioned if there would be a height problem with trailers and whether the 6-foot exemption applied with or without contents loaded on it. Alan White responded that it would depend - empty and less than 6 feet it would be exempt; loaded and over 6 feet it would not be exempt; loaded and under 6 feet it would be exempt. Mr. Craig supported the holiday period to apply for variances. Vanessa Moreno 6671 W. 26th Ave. Ms. Moreno was sworn in by Chair McNAMEE. She commented about the proposed setbacks. In her case, the increased setback would actually make her trailer more visible. Commissioner WESLEY commented that the sign of a good government is one that changes laws according to times. Because there seems to be a lot of confusion about this ordinance and because there seems to be no precipitating action to warrant the ordinance, he believed there should be more information in order to make a fully informed decision. Commissioner McNAMEE stated she was strongly opposed to having horse trailers included in this ordinance. One of the nice things about the city is the number of large lots and horse properties. She also commented that she had never seen a problem with RV's in the city. She believed that setback issues need to be examined more closely. Commissioner WEISZ commented that she believed the ordinance presented a good compromise from the more restrictive ordinance. She agreed that a further compromise would be a holiday of nine months from fees for variance applications. Planning Commission Page 3 December 18, 2003 Commissioner PLUMMER agreed that horse trailers should be eliminated from the ordinance and suggested that a waiver of variance fees be allowed for a period of up to two years. He further commented that the Commission should act upon the ordinance at this time. Commissioner McMILLIN disagreed that the Commission should act upon the ordinance at this time because there is not a full Commission and he didn't believe there was any pressure from City Council to take immediate action on this matter. He suggested continuing discussion of the ordinance until January. He also believed that it will take a complicated ordinance to address everyone's issues. He further agreed with a fee holiday. He suggested that the Commission meet with the Board of Adjustment to discuss variances for RV's. He commented that he felt a grandfather clause would be feasible and disagreed with the 15-foot rear yard setback requirement. It was moved by Commissioner PLUMMER and seconded by Commissioner WEISZ to recommend approval of an ordinance amending Section 26-621 of the Wheat Ridge Code of Laws pertaining to parking in residential areas with an amendment to allow a waiver of variance fees for a period of two years after the ordinance is adopted and that horse trailers be eliminated. Commissioner McMILLIN offered the following friendly amendments: Reduce the rear yard setback from fifteen feet to five feet. If the RV or loaded vehicle is less than six feet in height, it can be parked next to the rear property line. If any portion of an RV extends beyond the front structure of the house, it would be counted as a "front-yard" RV. To determine whether a trailer is exempt or non-exempt, it must be loaded with its intended cargo of boats, snowmobiles or motorcycles. The amendments were accepted by Commissioners PLUMMER and WEISZ. The motion passed 5-1 with Commissioner WESLEY voting no. 8. OLD BUSINESS A Commissioner McMILLIN asked about the status of an earlier request for staff to investigate a lighting code based on objective measurements. Alan replied that this request was taken to Council and they also requested staff to pursue the matter. Commissioners PLUMMER and McMILLIN volunteered to prepare a report based on their research resources. 9. NEW BUSINESS Alan White advised the Commission that the next Planning Commission meeting falls on January 1, 2004 (New Year's Day). It was moved by Commissioner PLUMMER and seconded by Commissioner WEISZ that the January 1, 2004 Planning Commission meeting be canceled. The motion passed unanimously. 10. COMMISSION REPORTS There were no commission reports. Planning Commission Page 4 December 18, 2003 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee and department reports. DRAFT 12. ADJOURNMENT It was moved by Commissioner PLUMMER and seconded by Commissioner WESLEY to adjourn the meeting at 9:08p.m. The motion passed unanimously. Marian McNamee, Chair Ann Lazzeri, Recording Secretary Planning Commission December 18, 2003 City of Wheat Ridge Planning and Development Department Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director SUBJECT: Case No. ZOA 03-19, Parking in Residential Areas DATE: December 11, 2003 This Case is: Quasi-judicial X Legislative Proper notice was given for this public hearing. Background Attached is a revised ordinance addressing RV parking in residential areas. The changes are based upon staff recommendations made to the Council at their study session on November 17a'. Those recommendations were based upon a series of meetings held this past summer with RV owners and non-owners. Attached to this memo is the memo prepared for the Council's study session containing a summary of the history of this legislation and staff recommendations. Council's direction was to forward to Planning Commission a new ordinance containing staff recommendations and a way to address the visual impacts of large recreational vehicles stored in the front yard. Attached are the minutes from the study session. Changes proposed for the Commission's consideration are shown in bold. Deletions are shown in stw'. Summary of Ordinance Changes The current regulations have been changed as follows: 1. Recreational vehicles and trailers less than 6 feet in height are exempt from the limitation of two recreational vehicles, provided they are located in a side or rear yard and are screened by a 6-foot high solid fence, vegetation, or structure and are not visible from the public right-of-way. 2. Recreational vehicles parked in the front and side yards need not meet any setback requirements other than the existing requirement for a 6-foot setback from the front ATTACHMENT property line. Recreational vehicles parked in a back yard must meet the side and rear setback requirements for an accessory structure. 3. Any vehicle or trailer owner may request a variance to the two recreational vehicle/trailer limitation, the limitation of one vehicle being parked in the front yard, and required setbacks in the rear yard only. The process referred to used is the minor variance process, whether or not the request exceeds the 10% limitation or not. 4. The regulations apply to renters so long as the vehicle stored on the property is owned by the renter. 5. There are no provisions to grandfather any existing situations. Staff Comments Grandfathering existing situations in the community would be a time-consuming and labor- intensive endeavor. This would entail inventorying every residential parcel in the City for recreational vehicles and trailers. Probably several situations would change during the course of conducting the inventory, rendering the inventory inaccurate. There simply isn't the time or personnel to commit to this task. The process for requesting more than two vehicles, or more than one in the front yard, or lesser setbacks in the rear yard is the minor variance process. This starts as an administrative process where adjacent property owners are notified. If there are no objections, the request(s) can be approved administratively. If there are objections, the request goes before the Board of Adjustment for a hearing. In addressing the visual impact issue, there are several options to consider: Do not allow parking of recreational vehicles beyond the front wall of the structure. This would require the parking of all recreational vehicles in side or rear yards. This may not be possible on smaller lots in the City. Numerous permits have been issued for the purpose of constructing parking pads for vehicle storage in front yards. 2. Require any recreational vehicles parked in the front yard to be screened. Maximum height for fences in the front yard is four feet. This makes fencing minimally effective in screening. Vegetation must be fairly dense and compact to provide effective screening, and this may occur only after many growing seasons. Deciduous vegetation does not provide effective screening in the winter. Is it really possible to hide a motor home parked in a front yard? 3. Restrict the number of vehicles allowed to be parked in the front yard. Since two non- exempt vehicles are allowed to be stored outside, the only restriction available is to allowed one vehicle to be parked in the front yard. This appears to be the only realistic option to deal with the impact. This restriction would apply to all recreational vehicles. 4. Create classifications of vehicles and prohibit the parking of "oversize" vehicles in the front yard. The difficulty with this option is defining "oversize." How big is too big? Should the measure of "oversize" be height, length, or weight? Such provisions might tend to complicate the regulations for enforcement officers and citizens and could slow down enforcement by requiring time to measure a vehicle or to research its weight. Increase the required setback from the front property line. The current requirement is six feet. An increased setback would push vehicles farther back into the lot. Although the front setback in each residential zone district is 30 feet, many homes have been built with a lesser setback. The thirty-foot setback allows for the parking of a 24-foot motor home on a driveway while meeting the six-foot setback. These two factors combine to make it difficult to park a vehicle over 24 feet long entirely in the front yard anyway. An increased setback might be difficult to implement in areas of the City with narrow side yards and where permits have been previously issued for parking pads accommodating the six-foot setback. The draft ordinance contains a provision implementing option #3, allowing only one recreational vehicle or trailer to be stored in the front yard. Short of banning all recreational vehicles in the front yard, this limitation is the easiest to interpret and enforce. It would reduce the potential number of vehicles parked in front yards, thereby potentially reducing the visual impact. Exhibits: 1. Memo to City Manager dated 11/07/03. 2. Minutes of Council study session of 11/17/03. 3. Proposed Ordinance 4. Figures showing allowed parking areas RV Parking in Residential Areas Interior Lot Area of 1 RV; 6' setback from the property line Area of exempt RV's if screened; non- exempt must meet setbacks Areas of non-exempt RV's; and exempt RV's if screened Corner Lot Area of exempt RV's if screened; non- exempt must meet setbacks if screened - Area of 1 RV; 6' setback Area of non-exempt RV's; and exempt RV's from the property line ATTACHMENT in INTRODUCED BY COUNCIL MEMBER Council Bill No. 03-2004 Ordinance No. Series of 2004 TITLE: AN ORDINANCE AMENDING SECTION 26-621 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PARKING IN RESIDENTIAL AREAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-621 of the Wheat Ridge Code of Laws is hereby amended as follows: Sec. 26-621 Residential parking. A. 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. B. 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: • Recreational Vehicle • Trailer upon which are stored personal recreational vehicles 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: • The vehicles or trailers are less than six (6) feet in height, and • 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. C. 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 ATTACHMENT 4 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 both areas between the street and the walls of the structure facing the street. ° h "ewieleg ivill be similar-15, A Y residential 1 p 1e#ies where the emmer- of the vehicle resides the premises, and in the ease . fmultifmil '.1 al pFepeAies,,-A4ier-e see vehiele or hi 1 a displaee «l'. required et the fninifiium l 1 park4ng standard for- 1. Y Y"'tJ • et F i4h herein f ./tif FMI r-esideiAial land uses. 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 C B, 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. D. 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. G.E. 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 re- start the 72 hour period. D.F. 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. E.G. 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 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. E.H. 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. 1. 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. J. Any vehicle or trailer owner may apply for a variance to the restrictions contained in paragraphs B, C, and D in accordance with the procedures for requesting a minor variance as provided in Section 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 Section 26-109 B, C and D. 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. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 6. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this day of March 8, 2004, 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 March 22, 2004, 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 2004. SIGNED by the Mayor on this day of 2004. GRETCHEN CERVENY, MAYOR ATTEST: Pamela Y. Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY I st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: P ITEM NO: REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: March 8, 2004 TITLE: AN ORDINANCE AMENDING SECTION 26-621 OF THE WHEAT RIDGE CODE OF LAWS PERTAINNG TO PARKING IN RESIDENTIAL AREAS. ❑ PUBLIC HEARING ® ORDINANCES FOR 1ST READING (Date: March 8, 2004) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No A,_ v Community Development Director EXECUTIVE SUMMARY: City Manager The proposed ordinance amends the current regulations regarding the RV parking in residential areas. The changes are based upon staff recommendations presented to City Council at their study session on November 17`h. Those recommendations were based upon a series of meetings held this past summer with RV owners and non-owners. Council also requested that the new ordinance address the visual impacts of large recreational vehicles stored in front yards. Currently, only two recreational vehicles are allowed to be stored outside on a residential property. This limitation includes trailers, trailers upon which are stored any number of personal recreational vehicles, and horse trailers. Changes include: 1) Recreational vehicles and trailers less than six feet in height are exempt from the two vehicle limitation when parked in the side or rear yard and when screened; 2) Only one recreational vehicle is allowed to be parked in the front yard; 3) Recreational vehicles parked in aback yard must meet the side and rear setback requirements for an accessory structure; 4) A process has been created for an owner to request a variance to the two vehicle limitation, the limitation of one vehicle being parked in the front yard, and required setbacks in the rear yard off; 5) The regulations apply to renters. Per Council's direction, the ordinance was forwarded to Planning Commission. At their December 18, 2003 hearing, the Commission recommended approval with several suggested changes. COMMISSION/BOARD RECOMMENDATION: Planning Commission recommended approval with the following suggested changes: 1. Allow a waiver of variance fees for a period of two years. 2. Eliminate horse trailers from the ordinance. 3. Reduce the rear yard setback from 15 feet to 5 feet. 4. If the RV or loaded trailer is less than 6 feet in height, it can be parked next to the rear property line. 5. If any portion of an RV extends beyond the front of the house, it would be counted as a front yard RV. 6. To determine if a trailer is exempt or non-exempt, it must be loaded with its intended cargo of boats, snowmobiles or motorcycles. These changes HAVE NOT been incorporated into the ordinance. Separate motions will be prepared for second reading to incorporate the Planning Commission recommended changes. STATEMENT OF THE ISSUES: In responding to Planning Commission suggested changes, the waiver of fees for two years and the exemption for horse trailers are policy decisions for Council. The setbacks for non-exempt RV's (over 6 feet in height) are proposed in the ordinance to be the same as accessory buildings. (15 feet in the R-I district; 5 feet if less than or equal to 8 feet in height, otherwise 10 feet in all other zone districts.) This rear yard setback requirement was recommended by Planning Commission to be a straight 5 feet in all zone districts. This allows a 12-foot tall RV to be 5 feet from the rear property line, but a 12-foot tall shed would have to be 10 feet from the rear property line. Recommended change #4 from the Planning Commission is implicit in the application of the regulations and does not need to be addressed. Recommended change #5 from the Planning Commission should be incorporated into the ordinance. It will clarify how an RV or trailer will be treated if it straddles the front and side yards. Recommended change #6 from Planning Commission should be incorporated into the ordinance. It will clarify that a trailer will be treated as exempt or non-exempt depending upon if it is loaded. The concern was that someone might claim they have an exempt trailer, then put a boat on it, and still claim the trailer is exempt. One of the most frequent comments at the public workshops was to grandfather existing situations. Grandfathering existing situations in the community would be a time-consuming and labor- intensive endeavor for staff. This would entail inventorying every residential parcel in the City for C1Projects\zoning amendments\Residential Parking\RV Parking 3rd Version CAF Ist.doc recreational vehicles and trailers. Probably several situations would change during the course of conducting the inventory, rendering the inventory inaccurate. Or it would require some kind of permitting process with a deadline for applications, where inevitably someone would not hear about the deadline and would complain. The variance process and the exemption for smaller RV's should take care of about 90% of the situations in the City. Another frequent comment was to provide relief from the strict limitation of two vehicles. The ordinance accomplishes this in two ways. Recreational vehicles and trailers less than 6 feet in height are exempt from the limitation of two recreational vehicles, provided they are located in a side or rear yard and are screened by a 6-Foot high solid fence, vegetation, or structure and are not visible from the public right-of-way. Secondly, a process has been established to provide a mechanism to request variances from the two-vehicle limitation, the one-vehicle in the front yard limitation, and rear yard (only) setbacks. The process for requesting more than two vehicles, or more than one in the front yard, or lesser setbacks in the rear yard is the minor variance process. This starts as an administrative process where adjacent property owners are notified. If there are no objections, the request(s) can be approved administratively. If there are objections, the request goes before the Board of Adjustment for a hearing. The regulations apply to renters so long as the vehicle stored on the property is owned by the renter. ALTERNATIVES CONSIDERED: In addressing the visual impact issue, several options were considered: Do not allow parking of recreational vehicles beyond the front wall of the structure. This would require the parking of all recreational vehicles in side or rear yards. This may not be possible on smaller lots in the City. Numerous permits have been issued in the past for the purpose of constructing parking pads for vehicle storage in front yards. 2. Require any recreational vehicles parked in the front yard to be screened. Maximum height for fences in the front yard is four feet. This makes fencing minimally effective in screening. Vegetation must be fairly dense and compact to provide effective screening, and this may occur only after many growing seasons. Deciduous vegetation does not provide effective screening in the winter. Is it really possible to hide a motor home parked in a front yard? Restrict the number of vehicles allowed to be parked in the front yard. Since two non- exempt vehicles are allowed to be stored outside, the only restriction available is to allow one vehicle to be parked in the front yard. This appears to be the only realistic option to deal with the impact. This restriction would apply to all recreational vehicles and trailers. 4. Create classifications of vehicles and prohibit the parking of "oversize" vehicles in the CAProjects\zoning amendments\Residential Parking\RV Parking 3rd Version CAF lst.doe front yard. The difficulty with this option is defining "oversize." How big is too big? Should the measure of "oversize" be height, length, or weight? Such provisions might tend to complicate the regulations for enforcement officers and citizens and could slow down enforcement by requiring time to measure a vehicle or to research its weight. 5. Increase the required setback from the front property line. The current requirement is six feet. An increased setback would push vehicles farther back into the lot. Although the front setback in each residential zone district is 30 feet, many homes have been built with a lesser setback. The thirty-foot setback allows for the parking of a 24-foot motor home on a driveway while meeting the six-foot setback. These two factors combine to make it difficult to park a vehicle over 24 feet long entirely in the front yard anyway. An increased setback might be difficult to implement in areas of the City with narrow side yards and where permits have been previously issued for parking pads accommodating the six-foot setback. The draft ordinance contains a provision implementing option #3, allowing only one recreational vehicle or trailer to be stored in the front yard. Short of banning all recreational vehicles in the front yard, this limitation is the easiest to interpret and enforce. It would reduce the potential number of vehicles parked in front yards, thereby potentially reducing the visual impact. FINANCIAL IMPACT: There is not direct financial impact on the City. RECOMMENDED MOTION: " I move to approve Council Bill No. on first reading, order it published, public hearing set for Monday, March 22, 2004 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication." Or, "I move to table indefinitely Council Bill No. " Report Prepared by: Alan White, Community Development Director Attachments: 1. Legislative History 2. Memorandum to Planning Commission without attachments 3. Illustration of Allowed Parking Areas 4. Council Bill No. CAProjectsizoning amendments\Residential ParkingtRV Parking 3rd Version CAF Ist.doe INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2004 TITLE: AN ORDINANCE AMENDING SECTION 26-621 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PARKING IN RESIDENTIAL AREAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-621 of the Wheat Ridge Code of Laws is hereby amended as follows: Sec. 26-621 Residential parking. A. 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. B. 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: Recreational Vehicle Trailer upon which are stored personal recreational vehicles 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: The vehicles or trailers are less than six (6) feet in height, and 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. C. 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 ATTACHMENT C:\Projects\zoning amendments\Residential Parking\res parking 3rd version.rtf 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 both areas between the street and the walls of the structure facing the street. Bach vehielec wi/.1. we similarly a upon side"tinl Ye"tel « «erties where the owner of the yehi le resides upon the premises, and in the ease of ffitiltifamily resideii6a4 properties, where 1. hi 1 hi 1es do not '."prom'. «..,.king nnnen rnn. Yed to meet the ....iniffl ,'n' a 1.' 1 "1 ing stand rd f r the YrnY pert.J , set F rth herein for fflu ti fiimil y Y b + en;,,e«t:nl land . 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 C E, 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. D. 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. E.E. 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 re- start the 72 hour period. D.F. 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. E.G. 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 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. C:Trojects\zoning amendments\Residential Parking\res parking 3rd version.rtf F.H. 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. 1. 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. J. Any vehicle or trailer owner may apply for a variance to the restrictions contained in paragraphs B, C, and D in accordance with the procedures for requesting a minor variance as provided in Section 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 Section 26-109 B, C and D. 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. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 6. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of - to - on C Trojects\zoning amendments\Residential Parking\res parking 3rd version.rtf this _ day of 2004, ordered published in fall in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 2004, 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 2004. SIGNED by the Mayor on this day of 2004. GRETCHEN CERVENY, MAYOR ATTEST: Pamela Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: CAProjects\zoning amendments\Residential Parking\res parking 3rd version.rtf 7500 West 29th Avenue The City of Ridge FAX 303/235-2857 February 27, 2004 Dear RV Owner: The Wheat Ridge City Council has directed staff to bring forward revisions to the regulations governing recreational vehicles. We promised after our workshop meetings this past summer to inform you of any hearings on proposed changes. A hearing will be held by the Wheat Ridge City Council in the Council Chambers of the Municipal Building at 7500 West 29th Avenue. The public meeting will be held on March 22, 2004 at 7:00 p.m. with first reading on March 8, 2004. The March 8`h first reading is for the sole purpose of introducing the ordinance and no public testimony is taken. The hearing on March 22' will include public testimony. The ordinance being considered is the ordinance presented to Planning Commission in December 2003. The Commission recommended adoption with changes. If you have any questions or would like a copy of the ordinance or recommended changes, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. C:I mments and Settin sUathyP yDoc menu\Cathy\CC"TSTMNOTICUO00 aO319,"d : MetroScan / Jefferson (CO) : Owner :Peterson Donald R Parcel :021017 Site :9945 W 34th Dr Wheat Ridge 80033 - Xfered :05/18/1982 Mail :9945 W 34th Dr Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm: 2 Bath:1.75 TotRm: YB:1961 Pool: B1dgSF :1,311 Ac: • MetroScan / Jefferson (CO) : Owner :Simons James R Parcel :021686 Site :2850 Teller St ( No Mail-) Wheat Ridge 80033 Xfered :06/10/1987 Mail :2850 Teller St ( No Mail ) Wheat Ridge Co 8003 3 Price Use :1112 Res,Improved Land Phone Bedrm: 4 Bath:1.75 TotRm: YB:1951 Pool: B1dgSF :2,113 Ac: : MetroScan / Jefferson (CO) : Owner :Baker Roger Lee Parcel :021895 Site :7313 W 26th Ave Wheat Ridge 80033 Xfered :02/03/1987 Mail :7313 W 26th Ave Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm: 5 Bath:1.50 TotRm: YB:1919 Pool: B1dgSF :2,769 Ac: • MetroScan / Jefferson (CO) • Owner :Olson Victor A Parcel :022100 Site :2620 Upham St Wheat Ridge 80033 Xfered :06/03/1991 Mail :2620 Upham St Wheat Ridge Co 80033 Price :$86,000 Use :1112 Res,Improved Land Phone Bedrm: Bath:1.75 TotRm: YB:1964 Pool: B1dgSF :1,660 Ac: * MetroScan / Jefferson (CO) • Owner :Moreno Richard Louis Parcel :022485 Site :6671 W 26th Ave Wheat Ridge 80214 Xfered :04/16/2001 Mail :6671 W 26th Ave Wheat Ridge Co 80214 Price :$306,500 Full Use :1112 Res,Improved Land Phone Bedrm: 4 Bath:3.50 TotRm: YB:1938 Pool: B1dgSF :1,960 Ac: * • MetroScan / Jefferson (CO) • Owner :Green David G Parcel :022665 Site :7325 W 26th Ave Wheat Ridge 80033 Xfered :05/06/1997 Mail :7325 W 26th Ave Wheat Ridge Co 80033 Price :$65,950 Full Use :1112 Res,Improved Land Phone Bedrm: 2 Bath:1.00 TotRm: YB:1924 Pool: B1dgSF :872 Ac:.34 MetroScan / Jefferson (CO) • Owner :Bassett Richard E Parcel :023707 Site :4125 Marshall St Wheat Ridge 80033 Xfered Mail :4125 Marshall St Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land - Phone Bedrm: Bath:1.00 TotRm: YB:1954 Pool: B1dgSF :1,225 Ac: • MetroScan / Jefferson (CO) • Owner :Jaidinger Howard W Parcel :023902 Site :6845 W 36th P1 ( No Mail ) Wheat Ridge 80033 Xfered :10/21/1980 Mail :6845 W 36th P1 ( No Mail ) Wheat Ridge Co 8003 3 Price Use :1112 Res,Improved Land Phone Bedrm: Bath:1.00 TotRm: YB:1955 Pool: B1dgSF :910 Ac:.13 MetroScan / Jefferson (CO) • Owner :Templeton James R Parcel :025121 Site :4551 Vance St Wheat Ridge 80033 Xfered :08/08/2000 Mail :4551 Vance St Wheat Ridge Co 80033 Price :$194,000 Full Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:2.25 TotRm: YB:1954 Pool: B1dgSF :1,552 Ac: MetroScan / Jefferson (CO) : Owner :Stephenson Marjorie M Parcel :025241 Site :3255 Newland St Wheat Ridge 80033 Xfered :11/29/1988 Mail :3255 Newland St Wheat Ridge Co 80033 Price :$63,900 Use :1112 Res,Improved Land Phone Bedrm: 2 Bath:1.00 TotRm: YB:1953 Pool: B1dgSF :1,249 Ac: * • MetroScan / Jefferson (CO) • Owner :Taylor Charlotte M Parcel :025630 Site :3700 Estes St Wheat Ridge 80033 Xfered :03/29/2001 Mail :3700 Estes St Wheat Ridge Cc 80033 Price Use :1112 Res,Improved Land Phone Bedrm: 5 Bath:2.50 TotRm: YB:1952 Pool: B1dgSF :2,921 Ac: Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. : MetroScan / Jefferson (CO) • Owner :Davidson Roger L Parcel : 026251 Site :4590 Vance St Wheat Ridge 80033 Xfered : 08/29/1975 Mail :4590 Vance St Wheat Ridge Co 80033 Price : $35,500 Use :1112 Res,Improved Land Phone Bedrm: Bath:1.00 TotRm: YB:1953 Pool: Yes B1dgSF: 1,266 Ac: . MetroScan / Jefferson (CO) : Owner :Wade Clarence R Parcel : 026707 Site :4710 Otis St Wheat Ridge 80033 Xfered : 08/10/1984 Mail :4710 Otis St Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm: Bath:1.75 TotRm: YB:1950 Pool: B1dgSF:1,053 Ac: * • MetroScan / Jefferson (CO) • Owner :Willis Elizabeth Ann Parcel :026841 Site :7890 W 38th Ave Wheat Ridge 80033 Xfered :10/13/2000 Mail :7890 W 38th Ave Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm: Bath:1.75 TotRm: YB:1957 Pool: B1dgSF :1,810 Ac:. 42 * • MetroScan / Jefferson (CO) • Owner :Opp James H Parcel :032176 Site :3232 Vivian Dr Wheat Ridge 80033 Xfered :09/26/1992 Mail :3232 Vivian Dr Wheat Ridge Co 80033 Price OF Phone BE :1962 Pool: B1dgSF :1,804 Ac: .27 * Ge e Schreiber Jefferson or (CO) : O` g Parcel :032485 S: 3375 Wright St. Xfered :04/07/1992 Mz Wheat Ridge, CO 80033 Price : $155, coo U; Phone BE 1964 Pool: B1dgSF :1,289 Ac: / Jefferson (CO) : Owner :Craig Kevin M Parcel :042766 Site :10615 W 46th Ave Wheat Ridge 80033 Xfered :04/01/1997 Mail :10615 W 46th Ave Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm: 4 Bath:1.75 TotRm: YB:1932 Pool: B1dgSF :1,655 Ac: MetroScan / Jefferson (CO) • owner :Pinkston Wilma J Parcel :042781 Site :10630 W 46th Ave Wheat Ridge 80033 Xfered :01/10/2002 Mail :10630 W 46th Ave Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm: 2 Bath:1.00 TotRm: YB:1935 Pool: B1dgSF :972 Ac: .33 • MetroScan / Jefferson (CO) • Owner :Bradford Janet Leigh - Parcel :043331 Site :4274 Garland St Wheat Ridge 80033 Xfered :01/04/2002 Mail :4274 Garland St Wheat Ridge Cc 80033 Price Use :1112 Res,Improved Land Phone Bedrm: Bath:1.00 TotRm: YB:1944 Pool: B1dgSF :664 Ac: : MetroScan / Jefferson (CO) • Owner :Stoos Laura Parcel :043454 Site :4357 Garrison St Wheat Ridge 80033 Xfered :09/02/1998 Mail :4357 Garrison St Wheat Ridge Co 80033 Price :$62,000 Full Use :1112 Res,Improved Land Phone Bedrm: 2 Bath:1.00 TotRm: YB:1941 Pool: B1dgSF :1,020 Ac: • MetroScan / Jefferson (CO) • Owner :Bright Lyal G Parcel :043594 Site :4325 Wright St Wheat Ridge 80033 Xfered Mail :4325 Wright St Wheat Ridge Co 80033 Price - Use :1112 Res,Improved Land Phone Bedrm: Bath:1.00 TotRm: YB:1942 Pool: B1dgSF :1,282 Ac: .25 MetroScan / Jefferson (CO) Owner :Heine Karin Parcel :043884 Site :4600 Miller St Wheat Ridge 80033 Xfered :01/15/1982 Mail :4600 Miller St Wheat Ridge Co 80033 Price :$89,900 Use :1112 Res,Improved Land Phone Bedrm: 4 Bath:1.50 TotRm: YB:1964 Pool: B1dgSF :1,960 Ac: Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. : MetroScan / Jefferson (CO) : Owner :Nielsen Thomas H Parcel :048573 Site :10901 W 32nd Ave Wheat Ridge 80033 Xfered :06/16/1975 Mail :10901 W 32nd Ave Wheat Ridge Cc 80033 Price :$52,500 Use :1112 Res,Improved Land Phone :303-237-5050 Bedrm: Bath:1.00 TotRm: YB:1947 Pool: B1dgSF :933 -Ac:3.55 * : MetroScan / Jefferson (CO) • Owner :Gauper Richard Parcel :048771 Site :10840 W 41st PI Wheat Ridge 80033 Xfered :06/20/2002 Mail :10840 W 41st P1 Wheat Ridge Co 80033 Price :$260,000 Use :1112 Res,Improved Land Phone :303-431-3751 Bedrm: 3 Bath:1.50 TotRm: YB:1909 Pool: B1dgSF :2,058 Ac:.47 . MetroScan / Jefferson (CO) • Owner :Evans Thomas S Parcel :048807 Site :3232 Nelson St Wheat Ridge 80033 Xfered :08/17/1984 Mail :3232 Nelson St Wheat Ridge Cc 80033 Price :$15,750 Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:2.50 TotRm: YB:1957 Pool: B1dgSF :2,053 Ac: * MetroScan / Jefferson (CO) • Owner :Boone Jeanne Parcel :048884 Site :10350 W 35th Ave Wheat Ridge 80033 Xfered :04/20/1999 Mail :10350 W 35th Ave Wheat Ridge Cc 80033 Price Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:1.75 TotRm: YB:1962 Pool: B1dgSF :2,559 Ac: • MetroScan / Jefferson (CO) • Owner :Gillen Thomas E Parcel :048958 Site :3250 Nelson St Wheat Ridge 80033 Xfered :06/29/2001 Mail :3250 Nelson St Wheat Ridge Cc 80033 Price :$259,900 Full Use :1112 Res,Improved Land Phone :303-922-3840 Bedrm: 3 Bath:2.25 TotRm: YB:1958 Pool: B1dgSF :1,315 Ac: • MetroScan / Jefferson (CO) • Owner :Kammerzell Revocable Trust Parcel :049173 Site :10370 W 35th Ave Wheat Ridge 80033 Xfered :02/25/2002 Mail :10370 W 35th Ave Wheat Ridge Cc 80033 Price Use :1112 Res,Improved Land Phone Bedrm: Bath:1.75 TotRm: YB:1960 Pool: B1dgSF :1,264 Ac: • MetroScan / Jefferson (CO) • Owner :England James P Parcel :049212 Site :10455 W 33rd P1 Wheat Ridge 80033 Xfered :08/24/1976 Mail :10455 W 33rd P1 Wheat Ridge Cc 80033 Price :$65,000 Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:1.75 TotRm: YB:1961 Pool: B1dgSF :1,368 Ac: MetroScan / Jefferson (CO) • Owner :Mac Dougall Donald P Parcel :049699 Site :9815 W 37th Ave Wheat Ridge 80033 Xfered :12/10/1975 Mail :9815 W 37th Ave Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm: 4 Bath:1.50 TotRm: YB:1956 Pool: B1dgSF :1,380 Ac:.83 * • MetroScan / Jefferson (CO) • Owner :Linder Douglas A Parcel :049700 Site :3610 Johnson St ( No Mail ) Wheat Ridge 80033 Xfered :10/15/2002 Mail :3610 Johnson St ( No Mail ) Wheat Ridge Co 800 33 Price :$228,900 Use :1112 Res,Improved Land Phone Bedrm: 4 Bath:1.50 TotRm: YB:1954 Pool: B1dgSF :1,690 Ac:.45 * • MetroScan / Jefferson (CO) : Owner :Wells Kathleen J/Steven A Parcel :065321 Site :12104 W 37th 21 Wheat Ridge 80033 Xfered :11/26/2003 Mail :12104 W 37th P1 Wheat Ridge Cc 80033 Price :$275,000 Use :1112 Res,Improved Land Phone Bedrm: 4 Bath:2.50 TotRm: YB:1966 Pool: B1dgSF :1,969 Ac: • MetroScan / Jefferson (CO) • Owner :King Kenneth W Parcel :086855 Site :2949 Vivian St Wheat Ridge 80215 Xfered :06/29/1979 Mail :2949 Vivian St Wheat Ridge Cc 80215 Price :$93,000 Use :1112 Res,Improved Land - Phone Bedrm: 5 Bath:2.25 TotRm: YB:1970 Pool: B1dgSF :2,092 Ac: Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. : MetroScan / Jefferson (CO) 80215 Co 80215 Owner :Johnson Denver W Site :2948 Vivian St Wheat Ridge Mail :2948 Vivian St Wheat Ridge Use :1112 Res,Improved Land Bedrm:4 Bath:1.75 TotRm: YB:1970 Pool: Parcel :086869 Xfered :04/16/1974 Price :$45,000 Phone B1dgS F:2,748 Ac: Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting December 18, 2003 2. 3. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Planning Commission was called to order by Chair McNAMEE at 7:02 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. ROLL CALL Commission Members Present: Staff Members Present: PLEDGE OF ALLEGIANCE John McMillin Marian McNamee Phil Plummer (arrived at 7:04 p.m.) Paula Weisz Scott Wesley Kevin Witt Alan White, Community Development Director Kathy Field, Administrative Assistant Following is the official set of Planning Commission minutes for the public hearing of December 18, 2003. A set of these minutes is retained both in the office of the City Clerk and in the Community Development Department of the City of Wheat Ridge. 4. APPROVE ORDER OF AGENDA It was moved by Commissioner WEISZ and seconded by Commissioner WITT to approve the agenda as presented. The motion passed unanimously. 5. APPROVE MINUTES - December 4, 2003 It was moved by Commissioner McMILLIN and seconded by Commissioner WESLEY to approve the minutes of December 4, 2003 as presented. The motion passed with Commissioners WEISZ and WITT abstaining. 6. PUBLIC FORUM There were none present to address the Commission. 7. PUBLIC HEARINGS r A. Case No. ZOA-03-19: An ordinance amending Section 26-621 of the Wheat Ridge I / Code of Laws pertaining to parking in residential areas. ~~~fff The case was presented by Alan White. He advised the Commission there was jurisdiction to hear the case and reviewed the staff report. Planning Commission Page 1 December 18, 2003 Commissioner McMILLIN suggested that language be added to clarify that if an RV is parked on the side, but a portion of it extends into the front yard, it would be counted as an RV parked in the front yard. Commissioner McMILLIN referred to the 6-foot height limitation, and suggested that specific language be added regarding boat trailers because, while a boat trailer would not exceed the 6- foot limitation, adding a boat would most likely exceed that 6-foot limit. Alan White commented that this would come under the exempt status. In response to a question from Commissioner MCMILLIN, Alan White estimated that variance fees would fall between $200 and $500. Commissioner McMILLIN then suggested that variance fees be forgiven for a certain period of time to allow citizens to apply for a variance without charge. Commissioner WESLEY asked if there are height limitations for boats. Alan White explained that height limitations presently apply only to structures. Chair McNAMEE invited public comment at this time. Don MacDougall 9815 W. 37`n Ave. Mr. MacDougall was sworn in by Chair McNAMEE. He did not feel lot sizes had been adequately taken into consideration in this ordinance. He has lived in his present location for 35 years and has never received a complaint about his horse trailers and stated he was in favor of a grandfather clause. Victor Olson 2620 Upham St. Mr. Olson was sworn in by Chair McNAMEE. He questioned the objective behind the regulations. Alan White responded that it was developed to help clean up the appearance of the City. Mr. Olson questioned where such regulations had been effective and what ordinance the regulations were modeled after. He objected to the whole concept of regulating RV's. Tom Gillen 3250 Nelson St. Mr. Gillen was sworn in by Chair McNAMEE. He thought the ordinance was a good compromise. He thanked Alan White and staff for their work on the issue. Roger Davidson 4590 Vance St. Mr. Davidson was sworn in by Chair McNAMEE. He stated he thought the City was shooting itself in the foot by making these rules. He asked about non-operative vehicles and was told they are handled under the nuisance code. He asked about vehicles parked partially in the front yard. Planning Commission Page 2 December 18, 2003 Denver Johnson 2948 Vivian St. Mr. Johnson was sworn in by Chair McNAMEE. He commented that the rules were being established for aesthetic reasons. He has a utility trailer and an RV. He explained that his house sits on an angle on a corner lot and asked how the rules of front yard and side yard would apply in his situation. Jim Opp 3232 Vivian Dr. Mr. Opp was sworn in by Chair McNAMEE. He explained his situation. His lot backs up to Lena Gulch and he can't access his back yard from the rear. He can't access his back yard from the side and he can't park on the side because the houses are too close together, so he must park his RV and trailer in the front yard. He suggested a holiday period for enforcing the regulations so that residents could apply for variances. Polly Pinkston 10630 W. 46`h Ave. Ms. Pinkston was sworn in by Chair McNAMEE. She asked if the regulations applied to her property zoned A-2. Alan White replied that the regulations only apply to residentially zoned property and that they would not apply to her. She thanked staff for their work. Kevin Craig 10615 W. 46`h Ave. Mr. Craig was sworn in by Chair McNAMEE. He questioned if there would be a height problem with trailers and whether the 6-foot exemption applied with or without contents loaded on it. Alan White responded that it would depend - empty and less than 6 feet it would be exempt; loaded and over 6 feet it would not be exempt; loaded and under 6 feet it would be exempt. Mr. Craig supported the holiday period to apply for variances. Vanessa Moreno 6671 W. 26th Ave. Ms. Moreno was sworn in by Chair McNAMEE. She commented about the proposed setbacks. In her case, the increased setback would actually make her trailer more visible. Commissioner WESLEY commented that the sign of a good government is one that changes laws according to times. Because there seems to be a lot of confusion about this ordinance and because there seems to be no precipitating action to warrant the ordinance, he believed there should be more information in order to make a fully informed decision. Commissioner McNAMEE stated she was strongly opposed to having horse trailers included in this ordinance. One of the nice things about the city is the number of large lots and horse properties. She also commented that she had never seen a problem with RV's in the city. She believed that setback issues need to be examined more closely. Commissioner WEISZ commented that she believed the ordinance presented a good compromise from the more restrictive ordinance. She agreed that a further compromise would be a holiday of nine months from fees for variance applications. 18,2003 rage j Commissioner PLUMMER agreed that horse trailers should be eliminated from the ordinance and suggested that a waiver of variance fees be allowed for a period of up to two years. He further commented that the Commission should act upon the ordinance at this time. Commissioner MCMILLIN disagreed that the Commission should act upon the ordinance at this time because there is not a full Commission and he didn't believe there was any pressure from City Council to take immediate action on this matter. He suggested continuing discussion of the ordinance until January. He also believed that it will take a complicated ordinance to address everyone's issues. He further agreed with a fee holiday. He suggested that the Commission meet with the Board of Adjustment to discuss variances for RV's. He commented that he felt a grandfather clause would be feasible and disagreed with the 15-foot rear yard setback requirement. It was moved by Commissioner PLUMMER and seconded by Commissioner WEISZ to recommend approval of an ordinance amending Section 26-621 of the Wheat Ridge Code of Laws pertaining to parking in residential areas with an amendment to allow a waiver of variance fees for a period of two years after the ordinance is adopted and that horse trailers be eliminated. Commissioner McMILLIN offered the following friendly amendments: Reduce the rear yard setback from fifteen feet to five feet. If the RV or loaded vehicle is less than six feet in height, it can be parked next to the rear property line. If any portion of an RV extends beyond the front structure of the house, it would be counted as a "front-yard" RV. To determine whether a trailer is exempt or non-exempt, it must be loaded with its intended cargo of boats, snowmobiles or motorcycles. / The amendments were accepted by Commissioners PLUMMER and WEISZ. The motion L passed 5-1 with Commissioner WESLEY voting no. 8. OLD BUSINESS • Commissioner McMILLIN asked about the status of an earlier request for staff to investigate a lighting code based on objective measurements. Alan replied that this request was taken to Council and they also requested staff to pursue the matter. Commissioners PLUMMER and McMILLIN volunteered to prepare a report based on their research resources. 9. NEW BUSINESS Alan White advised the Commission that the next Planning Commission meeting falls on January 1, 2004 (New Year's Day). It was moved by Commissioner PLUMMER and seconded by Commissioner WEISZ that the January 1, 2004 Planning Commission meeting be canceled. The motion passed unanimously. 10. COMMISSION REPORTS There were no commission reports. Planning Commission Page 4 December 18, 2003 PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE PLANNING COMMISSION December 18, 2003 Case No. ZOA-03-19: An ordinance amending Section 26-621 of the Wheat Ridge Code of Laws pertaining to parking in residential areas. (Please Print) . i vim.. L14 (QM GIL[efv 32,~o /VCL50- v s~. ~3o3J 5y2-3kY6) ulvt{~(~5~~r fC~~10C W ~2 JZ wC)3-237.SoSb U~r~pt/ nso zj ~ 3 3-72 Z 'n A 7`0 IZ2,1,1s- Z,/ y~ ~e y~2 e:/planning/forms/ph roster. frm City of Wheat Ridge Planning and Development Department Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director Mo SUBJECT: Case No. ZOA 03-19, Parking in Residential Areas DATE: December 11, 2003 This Case is: Quasi-judicial X Legislative Proper notice was given for this public hearing. Background Attached is a revised ordinance addressing RV parking in residential areas. The changes are based upon staff recommendations made to the Council at their study session on November 17`n. Those recommendations were based upon a series of meetings held this past summer with RV owners and non-owners. Attached to this memo is the memo prepared for the Council's study session containing a summary of the history of this legislation and staff recommendations. Council's direction was to forward to Planning Commission a new ordinance containing staff recommendations and a way to address the visual impacts of large recreational vehicles stored in the front yard. Attached are the minutes from the study session. Changes proposed for the Commission's consideration are shown in bold. Deletions are shown in stt}kethrengh. Summary of Ordinance Changes The current regulations have been changed as follows: 1. Recreational vehicles and trailers less than 6 feet in height are exempt from the limitation of two recreational vehicles, provided they are located in a side or rear yard and are screened by a 6-foot high solid fence, vegetation, or structure and are not visible from the public right-of-way. 2. Recreational vehicles parked in the front and side yards need not meet any setback requirements other than the existing requirement for a 6-foot setback from the front property line. Recreational vehicles parked in a back yard must meet the side and rear setback requirements for an accessory structure. 3. Any vehicle or trailer owner may request a variance to the two recreational vehicle/trailer limitation, the limitation of one vehicle being parked in the front yard, and required setbacks in the rear yard only. The process referred to used is the minor variance process, whether or not the request exceeds the 10% limitation or not. 4. The regulations apply to renters so long as the vehicle stored on the property is owned by the renter. 5. There are no provisions to grandfather any existing situations. Staff Comments Grandfathering existing situations in the community would be a time-consuming and labor- intensive endeavor. This would entail inventorying every residential parcel in the City for recreational vehicles and trailers. Probably several situations would change during the course of conducting the inventory, rendering the inventory inaccurate. There simply isn't the time or personnel to commit to this task. The process for requesting more than two vehicles, or more than one in the front yard, or lesser setbacks in the rear yard is the minor variance process. This starts as an administrative process where adjacent property owners are notified. If there are no objections, the request(s) can be approved administratively. If there are objections, the request goes before the Board of Adjustment for a hearing. In addressing the visual impact issue, there are several options to consider: Do not allow parking of recreational vehicles beyond the front wall of the structure. This would require the parking of all recreational vehicles in side or rear yards. This may not be possible on smaller lots in the City. Numerous permits have been issued for the purpose of constructing parking pads for vehicle storage in front yards. 2. Require any recreational vehicles parked in the front yard to be screened. Maximum height for fences in the front yard is four feet. This makes fencing minimally effective in screening. Vegetation must be fairly dense and compact to provide effective screening, and this may occur only after many growing seasons. Deciduous vegetation does not provide effective screening in the winter. Is it really possible to hide a motor home parked in a front yard? 3. Restrict the number of vehicles allowed to be parked in the front yard. Since two non- exempt vehicles are allowed to be stored outside, the only restriction available is to allowed one vehicle to be parked in the front yard. This appears to be the only realistic option to deal with the impact. This restriction would apply to all recreational vehicles. 4. Create classifications of vehicles and prohibit the parking of "oversize" vehicles in the front yard. The difficulty with this option is defining "oversize." How big is too big? Should the measure of "oversize" be height, length, or weight? Such provisions might tend to complicate the regulations for enforcement officers and citizens and could slow down enforcement by requiring time to measure a vehicle or to research its weight. Increase the required setback from the front property line. The current requirement is six feet. An increased setback would push vehicles farther back into the lot. Although the front setback in each residential zone district is 30 feet, many homes have been built with a lesser setback. The thirty-foot setback allows for the parking of a 24-foot motor home on a driveway while meeting the six-foot setback. These two factors combine to make it difficult to park a vehicle over 24 feet long entirely in the front yard anyway. An increased setback might be difficult to implement in areas of the City with narrow side yards and where permits have been previously issued for parking pads accommodating the six-foot setback. The draft ordinance contains a provision implementing option #3, allowing only one recreational vehicle or trailer to be stored in the front yard. Short of banning all recreational vehicles in the front yard, this limitation is the easiest to interpret and enforce. It would reduce the potential number of vehicles parked in front yards, thereby potentially reducing the visual impact. Exhibits: 1. Memo to City Manager dated 11/07/03. 2. Minutes of Council study session of 11/17/03. 3. Proposed Ordinance 4. Figures showing allowed parking areas City of Wheat Ridge of WHEgT p Community Development Department Memorandum c~~ORA~~ TO: Randy Young, City Manager FROM: Alan White, Community Development Director SUBJECT: Recreational Vehicle Parking DATE: November 7, 2003 This memorandum presents a brief history of the changes made to RV parking regulations, a summary of recommendations from public meeting held this past summer, and staff recommendations for changes to the existing regulations. The current regulations are found in Section 26-621, Residential Parking, of the Code of Laws. History • Revised Chapter 26 was adopted by Council in February 2001. Amendments did not include any changes to residential parking dealing with recreational vehicles. Previously, and with the new Chapter 26, there was no limit on the number of recreational vehicles allowed on a residential lot. • Ordinance No. 1265 was adopted by Council on September 23, 2002. This ordinance defined recreational vehicles and limited the number allowed to be parked outside on residential property to one. Ordinance 1265 is attached. • Ordinance No. 1265 was vetoed by the Mayor. Council overrode the veto. • Council held a study session on October 21, 2002 and reached consensus on several changes to the ordinance. • Ordinance No. 1271 was adopted by Council on December 9, 2002. This ordinance made the following changes to the provisions adopted in September: o A definition of personal recreational vehicle was added. Horse trailers were added to the definition of trailers. o A maximum number of two of the following can be stored outside on residential property: recreational vehicle; trailer upon which is stored any number of personal recreational vehicles. o Clarified language relating to parking vehicles in excess of the two permitted vehicles in carports or temporary structures. o Allowed parking or storage areas to be surfaced with gravel. o Moved the non-operative vehicle provision to Chapter 15 (Nuisances) of the Code of Laws. o Empowered the Board of Adjustment to hear requests for variances to the number of non-operative vehicles allowed on a residential property. These are the regulations currently in effect. Ordinance 1271 is attached. On January 13, 2003, Council directed staff to conduct a series of public meetings to solicit comments and ideas about changes to the ordinance. Meetings were held at the Recreation Center on May 21s`, June 18`h, and July 16`h. The group recommended the following changes: o Modify the current ordinance to exempt recreational vehicles and trailers under six feet in height. o Grandfather existing vehicles over six feet in height. The grandfather status should take into account all heirs to the property (i.e. family members who purchase the property) and would need to consider when a landowner trades one RV in for a newer model. The ordinance should address people that own RV's but rent the property. o Create a variance process that would provide relief and allow property owners to have more than two recreational vehicles or trailers. o Some restriction on the amount of lot that could be used for RV or trailer parking should be included, along the line of the 40% rear coverage recommended by Planning Commission in 2002. No specific percentage was recommended. Staff Recommendations Staff recommends the following changes to the ordinance: 1. Allow recreational vehicles less than 6 feet in height which are stored outside to be exempt from the two recreational vehicle limitation, provided they are screened by a 6-foot high solid fence and not visible from the public right-of-way. 2. Recreational vehicles parked in the front and side yards need not meet any setback requirements other than the existing requirement for a 6-foot setback from the front property line. Recreational vehicles parked in a back yard must meet the side and rear setback requirements for an accessory structure. 3. Create a process (similar to the non-operative exception process) whereby an owner may apply for additional vehicles above the two recreational vehicles limitation. 4. Amend the regulations so that what is allowed applies to renters. 5. Do not create any provisions grandfathering any existing situations. CITY COUNCIL STUDY SESSION MINUTES CITY OF WHEAT RIDGE, COLORADO November 17, 2003 7:30 p.m. The Study Session was called to order by Mayor Cerveny at 7:30 p.m. Councilmembers present: Jerry DiTullio, Karen Berry, Dean Gokey, Wanda Sang, Karen Adams, Lena Rotola, and Larry Schulz. Also present: City Clerk, Pam Anderson; City Manager, Randy Young; Director of Community Development, Alan White; and interested citizens. APPROVAL OF MINUTES OF APRIL 21, 2003 Motion by Mr. DiTullio to approve the Minutes of April 21, 2003; seconded by Mrs. Rotola; carried 3-0 with Councilmembers DiTullio, Rotola and Gokey voting yes. Councilmembers Berry, Sang, Adams, and Schulz were not on Council during that meeting. APPROVAL OF AGENDA Motion by Mrs. Sang to approve the Agenda as printed; seconded by Mr. Gokey; carried 7-0. Item 1. Ordinance 1271 - Parking and Storage of Vehicles in Residential Areas. Mr. White reported on the history and intent of the ordinance. He also gave his recommendation on not including a grandfather clause. His department has heard a lot of concerns regarding storage of large recreational vehicles. Mr. DiTullio asked Mr. White if Council had the option to send these recommendations to Planning Commission. Mrs. Adams said she felt that this should go back to Planning Commission, and felt it would be important to have a notification process to concerned citizens. Mr. Young explained that the study session process is to establish whether Council wished to go forward with staff recommendations, and get feedback. Mr. DiTullio asked for consensus that the staff recommendations be drafted in ordinance form and sent to Planning Commission for consideration. STUDY SESSION MINUTES: November 17, 2003 Page -2- Mr. Gokey asked to amend the consensus to include more detailed criteria and instructions that recreational vehicles must meet setbacks for accessory structures, and present zoning codes; Consensus was 7 to 0. Mr. Gokey asked to amend instructions to create size criteria or classification for recreational vehicles. Mr. White suggests a consensus to give general direction to staff and Planning Commission to come up with a way to deal with the visual impacts of large recreational vehicles stored in the front yard; Consensus was 7 to 0. Main consensus by Mr. DiTullio to send staff recommendations with two amendments to Planning Commission and come back with a recommendation or not; Consensus was 7 to 0. Item 2. Review of Section 26-613: Home Occupation (Commercial Vehicles). Mr. White reviewed the code section regarding home occupation of commercial vehicles. The code restricts home occupation to one commercial vehicle per home occupation. He explained the history, details, and intent of the code and explained that the ordinance does not refer to limousines in particular. Mr. Young wanted to establish the context of the ordinance. He stated that selecting one exemption for residential zones makes it difficult, because you are selecting one above others. Mrs. Sang asked for consensus to hear a representative from the audience; Consensus was 7 to 0. Peter Perrone spoke on behalf of audience members. The PUC considers sedans limousines. The limousines have no more traffic impact than other people coming and going from work. The business goes to great lengths to not impact the community. The industry has a desire to preserve residential neighborhoods. What is the distinction between allowing two RVs, but only one limousine? Mr. DiTullio reemphasized that this is not about limousines, but that they have to consider all commercial vehicles. Mr. Perrone felt that there should be a process for exception. Sedans should be exempt. Mr. Schulz stated that it is important that the rules make sense and that Wheat Ridge is friendly to businesses, and we are fair. He would like to know how we compare to other communities. Mr. White said that there would have to be some research about some of the neighboring communities. INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2004 TITLE: AN ORDINANCE AMENDING SECTION 26-621 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PARKING IN RESIDENTIAL AREAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-621 of the Wheat Ridge Code of Laws is hereby amended as follows: Sec. 26-621 Residential parking. A. 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. B. 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: Recreational Vehicle Trailer upon which are stored personal recreational vehicles 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: • The vehicles or trailers are less than six (6) feet in height, and • 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. C. 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 CAProjectAzoning amendmentAResidential ParkingVes parking 3rd version.rd 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 both areas between the street and the walls of the structure facing the street. Such vehicles will fesides upon the pfemises, and in the ease of fflultifamily residential pfepefties, where r r a r~ ees --et the miniffitiffi si eA•'e' l°fia uses. 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 C E, 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. D. 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. G.E. 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 re- start the 72 hour period. D.F. 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. E.G. 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 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. CAProjectsVoning amendments\Residential Parkingres parking 3rd version.rtf E.H. 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. 1. 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. J. Any vehicle or trailer owner may apply for a variance to the restrictions contained in paragraphs B, C, and D in accordance with the procedures for requesting a minor variance as provided in Section 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 Section 26-109 B, C and D. 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. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 6. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of - to - on C:Trojects\zoning amendmentstResidential ParkingVes parking 3rd version.rtf this _ day of 2004, 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 , 2004, 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 2004. SIGNED by the Mayor on this day of 2004. GRETCHEN CERVENY, MAYOR ATTEST: Pamela Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: CAProjects\zoning amendments\Residential Parking\l'es parking 3rd version.rd RV Parking in Residential Areas Interior Lot Area of exempt RV's if screened; non- exempt must meet setbacks Area of 1 RV; 6' setback from the property line Areas of non-exempt RV's; and exempt RV's if screened in Corner Lot Area of exempt RV's if screened; non- exempt must meet setbacks , Area of non-exempt RV's; and exempt RV's if screened Area of 1 RV; 6' setback from the property line f#Ei~ ~j3S~f vFvtt ~~.ywelli ~ntt, ts'~s` R € i Street in 7500 West 29th Avenue The City of Ridge FAX 303/235-2857 December 11, 2003 Dear RV Enthusiast: The Wheat Ridge City Council has directed staff to bring forward revisions to the regulations governing recreational vehicles. We promised after our workshop meetings this past summer to inform you of any hearings on proposed changes. A hearing will be held by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Building at 7500 West 29th Avenue. The meeting will be held on December 18, 2003 at 7:00 p.m. You are invited to attend this hearing. A copy of the Planning Commission packet, including the proposed ordinance is enclosed. If you have any questions, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. CMacumenta and Se¢iapWathyfl yI cumens\KalhyTC"TSPLANGCOWcnolice2003~ a03l9.wpd • MetroScan / Jefferson (CO) • Owner :Peterson Donald R - Parcel :021017 Site :9945 W 34th Dr Wheat Ridge 80033 Xfered :05/18/1982 Mail :9945 W 34th Dr Wheat Ridge Cc 80033 Price Use :1112 Res,Improved Land Phone Bedrm: 2 Bath:1.75 TotRm: YB:1961 Pool: B1dgSF :1,311 Ac: MetroScan / Jefferson (CO) : Owner :Simons James R Parcel :021686 Site :2850 Teller St Wheat Ridge 80033 Xfered :06/10/1987 Mail :2850 Teller St Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm: 4 Bath:1.75 TotRm: YB:1951 Pool: - B1dgSF :2,113 Ac: • MetroScan / Jefferson (CO) • Owner :Baker Roger Lee Parcel :021895 Site :7313 W 26th Ave Wheat Ridge 80033 Xfered :02/03/1987 Mail :7313 W 26th Ave Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm: 5 Bath:1.50 TotRm: YB:1919 Pool: B1dgSF :2,769 Ac: • MetroScan / Jefferson (CO) • Owner :Olson Victor A Parcel :022100 Site :2620 Upham St Wheat Ridge 80033 Xfered :06/03/1991 Mail :2620 Upham St Wheat Ridge Co 80033 Price :$86,000 Use :1112 Res,Improved Land Phone Bedrm: Bath:1.75 TotRm: YB:1964 Pool: BldgSF :1,680 Ac: • MetroScan / Jefferson (CO) • Owner :Moreno Richard Louis Parcel :022485 Site :6671 W 26th Ave Wheat Ridge 80214 Xfered :04/16/2001 Mail :6671 W 26th Ave Wheat Ridge Co 80214 Price :$306,500 Full Use :1112 Res,Improved Land Phone :303-237-3388 Bedrm: 4 Bath:3.50 TotRm: YB:1938 Pool: B1dgSF :1,960 Ac: * • MetroScan / Jefferson (CO) • Owner :Green David G Parcel :022665 Site :7325 W 26th Ave Wheat Ridge 80033 Xfered :05/06/1997 Mail :7325 W 26th Ave Wheat Ridge Co 80033 Price :$65,950 Full Use :1112 Res,Improved Land Phone Bedrm: 2 Bath:1.00 TotRm: YB:1924 Pool: B1dgSF :872 Ac:.34 • MetroScan / Jefferson (CO) • Owner :Bassett Richard E Parcel :023707 Site :4125 Marshall St Wheat Ridge 80033 Xfered Mail :4125 Marshall St Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone :303-421-8364 Bedrm: Bath:1.00 TotRm: YB:1954 Pool: B1dgSF :1,225 Ac: * • MetroScan / Jefferson (CO) • Owner :Jaidinger Howard W Parcel :023902 Site :6845 W 36th P1 ( No Mail ) Wheat Ridge 80033 Xfered :10/21/1980 Mail :6845 W 36th P1 ( No Mail ) Wheat Ridge Co 8003 3 . Price Use :1112 Res,Improved Land Phone Bedrm: Bath:1.00 TotRm: YB:1955 Pool: B1dgSF :910 Ac:.13 * • MetroScan / Jefferson (CO) • Owner :Templeton James R Parcel :025121 Site :4551 Vance St Wheat Ridge 80033 Xfered :08/08/2000 Mail :4551 Vance St Wheat Ridge Cc 80033 Price :$194,000 Full Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:2.25 TotRm: YB:1954 Pool: B1dgSF :1,552 Ac: • MetroScan / Jefferson (CO) • Owner :Stephenson Marjorie M Parcel :025241 Site :3255 Newland St Wheat Ridge 80033 Xfered :11/29/1988 Mail :3255 Newland St Wheat Ridge Co 80033 Price :$63,900 Use :1112 Res,Improved Land Phone Bedrm: 2 Bath:1.00 TotRm: YB:1953 Pool: B1dgSF :1,249 Ac: * • MetroScan / Jefferson (CO) • Owner :Taylor Charlotte M Parcel :025630 Site :3700 Estes St Wheat Ridge 80033 Xfered :03/29/2001 Mail :3700 Estes St Wheat Ridge Cc 80033 - Price Use :1112 Res,Improved Land Phone Bedrm: 5 Bath:2.50 TotRm: YB:1952 Pool: BldgSF :2,921 Ac: Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. • MetroScan / Jefferson (CO) • Owner :Davidson Roger L Parcel :026251 Site :4590 Vance St Wheat Ridge 80033 Xfered :08/29/1975 Mail :4590 Vance St, Wheat Ridge Cc 80033 Price :$35,500 Use :1112 Res,Improved Land Phone Bedrm: Bath:1.00 TotRm: YB:1953 Pool: Yes B1dgSF :1,266 Ac: MetroScan / Jefferson (CO) • - Owner :Willis Elizabeth Ann Parcel :026841 Site :7890 W 38th Ave Wheat Ridge 80033 Xfered :10/13/2000 Mail :7890 W 38th Ave Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm: Bath:1.75 TotRm: YB:1957 Pool: B1dgSF :1,810 Ac: .42 * • MetroScan / Jefferson (CO) • Owner :Opp James H Parcel :032176 Site :3232 Vivian Dr Wheat Ridge 80033 Xfered :09/26/1992 Mail :3232 Vivian Dr Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm: Bath:1.75 TotRm: YB:1962 Pool: B1dgSF :1,804 Ac: .27 * • V r,-^C^mn / i=fferson (CO) Owner : George Schreiber Parcel :032485 Site Xfered :04/07/1992 Mail : 3375 Wright St. Price : $155, 000 Use Wheat Ridge, CO 80033 Phone Bedrm: 4 Pool: B1dgSF :1,289 Ac: • MetroScan / Jefferson (CO) • Owner :Craig Kevin M Parcel :042766 Site :10615 W 46th Ave Wheat Ridge 80033 Xfered :04/01/1997 Mail :10615 W 46th Ave Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm: 4 Bath:1.75 TotRm: YB:1932 Pool: B1dgSF :1,655 Ac: * • MetroScan / Jefferson (CO) • Owner :Pinkston Wilma J Parcel :042781 Site :10630 W 46th Ave Wheat Ridge 80033 Xfered :01/10/2002 Mail :10630 W 46th Ave Wheat Ridge Cc 80033 Price Use :1112 Res,Improved Land Phone Bedrm: 2 Bath:1.00 TotRm: YB:1935 Pool: B1dgSF :972 Ac: .33 * • MetroScan / Jefferson (CO) • Owner :Bradford Janet Leigh - Parcel :043331 Site :4274 Garland St Wheat Ridge 80033 Xfered :01/04/2002 Mail :4274 Garland St Wheat Ridge Cc 80033 Price Use :1112 Res,Improved Land Phone Bedrm: Bath:1.00 TotRm: YB:1944 Pool: B1dgSF :664 Ac: * • MetroScan / Jefferson (CO) • Owner :Stoos Laura Parcel :043454 Site :4357 Garrison St Wheat Ridge 80033 Xfered :09/02/1998 Mail :4357 Garrison St Wheat Ridge Co 80033 Price :$62,000 Full Use :1112 Res,Improved Land Phone Bedrm: 2 Bath:1.00 TotRm: YB:1941 Pool: BldgSF :1,020 Ac: MetroScan / Jefferson (CO) • Owner :Bright Lyal G Parcel :043594 Site :4325 Wright St Wheat Ridge 80033 Xfered Mail :4325 Wright St Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm: Bath:1.00 TotRm: YB:1942 Pool: B1dgSF :1,282 Ac: .25 * • MetroScan / Jefferson (CO) • Owner :Heine Karin Parcel :043884 Site :4600 Miller St ( No Mail ) Wheat Ridge 80033 Xfered :01/15/1982 Mail :4600 Miller St ( No Mail ) Wheat Ridge Cc 80033 Price :$89,900 Use :1112 Res,Improved Land Phone Bedrm: 4 Bath:1.50 TotRm: YB:1964 Pool: B1dgSF :1,960 Ac: • MetroScan / Jefferson (CO) • Owner :Nielsen Thomas H Parcel :048573 Site :10901 W 32nd Ave Wheat Ridge 80033 Xfered :06/16/1975 Mail :10901 W 32nd Ave Wheat Ridge Co 80033 Price :$52,500 Use :1112 Res,Improved Land Phone :303-237-5050 Bedrm: Bath:1.00 TotRm: YB:1947 Pool: B1dgSF :933 Ac: 3.55 Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. : MetroScan / Jefferson (CO) ' Owner :Gauper Richard Parcel : 048771 Site :10840 W 41st Pl Wheat Ridge 80033 Xfered : 06/20/2002 Mail :10840 W 41st P1 Wheat Ridge Cc 80033 Price : $260,000 Use :1112 Res,Improved Land Phone : 303-431-3751 Bedrm: 3 Bath:1.50 TotRm: YB:1909 Pool: B1dgSF: 2,058 Ac:.47 • MetroScan / Jefferson (CO) • Owner :Evans Thomas S Parcel : 048807 Site :3232 Nelson St Wheat Ridge 80033 Xfered : 08/17/1984 Mail :3232 Nelson St Wheat Ridge Cc 80033 Price : $15,750 Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:2.50 TotRm: YB:1957 Pool: B1dgSF: 2,053 Ac: • MetroScan / Jefferson (CO) Owner Owner :Boone Jeanne Parcel : 048884 Site :10350 W 35th Ave Wheat Ridge 80033 Xfered : 04/20/1999 Mail :10350 W 35th Ave Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:1.75 TotRm: YB:1962 Pool: B1dgSF :2,559 Ac: • MetroScan / Jefferson (CO) Owner :Gillen Thomas E Parcel :048958 Site :3250 Nelson St Wheat Ridge 80033 Xfered :06/29/2001 Mail :3250 Nelson St Wheat Ridge Co 80033 Price :$259,900 Full Use :1112 Res,Improved Land Phone :303-922-3840 Bedrm: 3 Bath:2.25 TotRm: YB:1958 Pool: B1dgSF :1,315 Ac: * • MetroScan / Jefferson (CO) Owner :Kammerzell Revocable Trust Parcel :049173 Site :10370 W 35th Ave Wheat Ridge 80033 Xfered :02/25/2002 Mail :10370 W 35th Ave Wheat Ridge Cc 80033 Price Use :1112 Res,Improved Land Phone Bedrm: Bath:1.75 TotRm: YB:1960 Pool: B1dgSF :1,264 Ac: • MetroScan / Jefferson (CO) Owner :England James P Parcel :049212 Site :10455 W 33rd P1 Wheat Ridge 80033 Xfered :08/24/1976 Mail :10455 W 33rd 21 Wheat Ridge Co 80033 Price :$65,000 Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:1.75 TotRm: YB:1961 Pool: B1dgSF :1,368 Ac: • MetroScan / Jefferson (CO) Owner :Mac Dougall Donald P Parcel :049699 Site :9815 W 37th Ave Wheat Ridge 80033 Xfered :12/10/1975 Mail :9815 W 37th Ave Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm: 4 Bath:1.50 TotRm: YB:1956 Pool: BldgSF :1,380 Ac:.83 * • MetroScan / Jefferson (CO) • Owner :Linder Douglas A Parcel :049700 Site :3610 Johnson St ( No Mail ) Wheat Ridge 80033 Xfered :10/15/2002 Mail :3610 Johnson St ( No Mail ) Wheat Ridge Co 800 33 Price :$228,900 Use :1112 Res,Improved Land Phone Bedrm: 4 Bath:1.50 TotRm: Y3:1954 Pool: B1dgSF :1,690 Ac:.45 • MetroScan / Jefferson (CO) • Owner :Lofgren Harold D Parcel :065321 Site :12104 W 37th P1 Wheat Ridge 80033 Xfered :06/16/2000 Mail :12104 W 37th P1 Wheat Ridge Co 80033 Price :$255,000 Full Use :1112 Res,Improved Land Phone Bedrm: 4 Bath:2.50 TotRm: YB:1966 Pool: B1dgSF :1,969 Ac: • MetroScan / Jefferson (CO) • Owner :King Kenneth W Parcel :086855 Site :2949 Vivian St Wheat Ridge 80215 Xfered :06/29/1979 Mail :2949 Vivian St Wheat Ridge Co 80215. Price :$93,000 Use :1112 Res,Improved Land Phone Bedrm: 5 Bath:2.25 TotRm: YB:1970 Pool: B1dgSF :2,092 Ac: * : MetroScan / Jefferson (CO) • Owner :Johnson Denver W Parcel :086869 Site :2948 Vivian St Wheat Ridge 80215 Xfered :04/16/1974 Mail :2948 Vivian St Wheat Ridge Co 80215 Price :$45,000 Use :1112 Res,Improved Land Phone Bedrm :4 Bath:1.75 TotRm: YB:1970 Pool: B1dgSF :2,748 Ac: Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. 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 December 18, 2003, 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 petition shall be heard: Case No. ZOA-03-19: An ordinance amending Section 26-621 of the Wheat Ridge Code of Laws pertaining to parking in residential areas. Kathy Field, Administrative Assistant ATTEST: Pamela Anderson, City Clerk To Be Published: Wheat Ridge Transcript Date: December 11, 2003 Case No.: App: Last Name: App: First N ame: Owne r: Last Name: Owner: First Nam e: App Addre as: City, State Z ip: App: Pho ne: Owner Address: City/St ate/Zip: Owner Phone: Project Address: Street Name : City/State, Zip: Case Disposition: Project Planner: File Lo cation: Not es: Follow- Up: OA0319 Quarter Section Map N o.: 1 Citywide.. Related Cases: ZROA0204 Case Histor y: mend code pertaining to parking in residential areas I Review Body: PC -12/18/03 APN: 1 2nd Revie w Body: 2nd Review Date Decision-making Body Appro val/Denial Date: CC CC Reso/Ordinance No.: hite Conditions of Approval: F_. - District: F_ Date Rec eived: 12/1112003 Pre-App Date: F_ City of Wheat Ridge �OF WHrAT p Community Development Department m Memorandum OftA�� TO: Randy Young, City Manager FROM: Alan White, Community Development Director SUBJECT: RV Parking Meetings v DATE: July 21, 2003 On July 16` the third and final public meeting concerning the topic of RV parking was held. About 25 residents were in attendance. A majority of those in attendance owned RV's and/or trailers. This memo is a summary of the group's recommendations for changes to the current ordinance. I was asked what the time frame was for Council to reconsider the ordinance and I responded that no schedule had been set. I told the group I would forward their recommendations to the City Manager. I said the process after that was not determined. I told the group to call the Community Development Department or your City Council representative to keep abreast of any future developments. If City Council decides to amend the current ordinance, a notice will be placed in the Wheat Ridge Transcript, and/or one of the Denver daily newspapers, and information will be provided on Channel 8 and the city website. Recommendations made by the ¢roue: • Modify the current ordinance to exempt recreational vehicles and trailers under six feet in height. • Grandfather existing vehicles over six feet in height. The grandfather status should take into account all heirs to the property (i.e. family members who purchase the property) and would need to consider when a landowner trades one RV in for a newer model. The ordinance should address people that own RV's but rent the property. • Create a variance process that would provide relief and allow property owners to have more than two recreational vehicles or trailers. • Some restriction on the amount of lot that could be used for RV or trailer parking should be included, along the line of the 40% rear coverage recommended by Planning Commission last year. No specific percentage was recommended. Please let me know when and how Council wishes to proceed with any changes to the ordinance. • Grandfather existing number of RV's — the owners must then prove the date of sale to retain grandfather status. Would the grandfather status run with the land or with the property owner? • Like the idea of a variance process — notify only adjacent neighbors, i.e. those that are directly impacted by the storage area. • RV's should meet the setbacks of the zone district in which they are stored. The required setbacks should be the same as the primary structure (when the structure was built). • An RV may be located within a side or rear yard setback, but it must be screened by a fence. • Define "large" or "major" RV's — allow 2 "large" RV's • If the grandfather process is used, the process should consider location and number of the RV's. • Should the City examine setbacks for parking pads? 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303/ 235 -2846 Fax: 303/235 -2857 The City of Wheat Ridge 18 July 2003 Dear RV Enthusiast: This letter is to serve as a follow up to the series of three public input meetings concerning the current recreational vehicle ordinance. I have listed your recommendations below. These recommendations will be forwarded to City Council for their consideration in any amendment to the current ordinance. I would also like to reiterate I have not been assigned a time frame by City Council for any reconsideration of the current ordinance. I would encourage you to call the Community Development Department or your City Council representative to keep abreast of any future developments. If City Council decides to revise the current ordinance, a notice will be placed in the Wheat Ridge Transcript, and/or one of the Denver daily newspapers, and information will be provided on Channel 8 and the city website (www.ci.wheatridge.co.us) I appreciate you taking time out of your busy schedule to attend these meetings. Your comments and suggestions provided valuable insight into the issue of RV parking. Suggestions made by the group: • Modify the current ordinance to exempt recreational vehicles and trailers under six feet in height. • Grandfather existing vehicles over six feet in height. The grandfather status should take into account all heirs to the property (i.e. family members who purchase the property) and would need to consider when a landowner trades one RV in for a newer model. The ordinance should address people that own RVs but rent the property. • Create a variance process that would provide relief and allow property owners to have more than two recreational vehicles or trailers. • Some restriction on the amount of lot that could be used for RV or trailer parking should be included, along the line of the 40% rear coverage recommended by Planning Commission last year. No specific percentage was recommended. Thank you for all of your hard work. Sincerely, C-� Alan C. White Community Development Director 1 (o 00 v m Cn � W N X1� L I l� 0 _0 N R IlL' a U G y , e T 0 W y 00 x Lc r 7 W -o r � v' � N D v a 4z� CD CD 7 m 0 I 1� G C cn 6) j Z Z P N C Z CA) Z m m Z N -o r m D cn a 4z� CD CD Z lV Q a `) z j ? Z m 0 I 1� G C cn 6) j Z Z P N C Z CA) Z m m Z N N N N N N N N 'c:N —� s 00 -I m U7 ? co N 1 O (O OD v m (Ji P W N . . . . . . . 1 S " � 1 n 0 �J I I (p I 1 1 N 00 0 LV W W 10 w v I N V a r w v v C) N f 0 W 0 W G" I N w � w ( w Alan C. White `z(l Community Development Director N111 X I will not be able to make the July 16 meeting but I have a few c ents about the RV parking. I think the current ordinance is good with just a adjustment to add an allowance for the owner that has an over sized yard and can store vehicles in the back yard. The current ordinance is understandable and enforceable. The suggestion to enforce the same setbacks on parked RVs as a permanent structure is not good. This requires at least 18 feet between the property line and the house. There may be many homes /lots that do not have that kind of space but due to size . The corner of my house and the corner of my neighbors house are 11 feet apart, the corner to the property line is 5 feet and 6 feet respectively. So our homes do not meet the 10 foot side setback. My RV is parked about 2 feet from the side property line but it is 28 feet from my neighbors house, so forcing me to park 10 feet from the side property line doesn't make much sense nor will it change the neighbor view. My situation is due to a irregular lot shape so the side set back is not workable. I do not have access to my back yard because of the lot shape, position of the houses and Lena Gulch. If the side set back is recommended it must include a waver for irregular shaped lots or a grandfather clause to allow me to continue parking my RV like I have been for the past 26 years. Would you please mail me and the other attendees your recommendations, when you send them, to City Council. Also would you send us a note or call w# the City Council will have the RV parking on their agenda. hank You Jim Opp 7500 West 29th Avenue Wheat Ridge, Colorado 80033 3031235-2846 Fax: 303/235 -2857 The City of Wheat Ridge 11 July 2003 Dear RV Enthusiast: I would like to formally invite you to the final public input meeting to be held Wednesday, July 16, 2003 at the Wheat Ridge Recreation Center. The meeting will be held in an as -yet undetermined meeting room at 7:00 p.m. The specific room will be detailed on the directory board located at the entrance of the Recreation Center. This will be the third and final public input meeting to discuss the current recreational vehicle parking ordinance. We will summarize all of your ideas and recommendations to City Council that have been shared in the previous meetings. I would encourage you to inform anyone who may be interested in discussing this topic about the input meeting on July 16, 2003. I look forward to seeing you at the meeting. Sincerely, a, Alan C. White, AICP Community Development Director Items Discussed During Public Input Meetings May 21, 2003 The following items were discussed during the input meeting on May 21, 2003: • The City should consider a process (like a variance) to allow more than two recreational vehicles. • Different size lots should be treated differently, i.e. larger lots should be allowed to have more recreational vehicles. • Some properties may have difficulties storing a recreational vehicle in the back yard, due to a smaller lot size. • The six -foot setback for recreational vehicles should be revised. The City should amend this setback rule to take into account the location of the recreational vehicle and the speed limit of the street. • The City should create a better noticing system. Some people don't get the Wheat Ridge Transcript, and heard about the meeting at the last minute. The City should use Department of Motor Vehicle records to notify all recreational vehicle owners in the City. • People that currently have more than two recreational vehicles should be "grandfathered ", that is, they should be allowed to keep all existing recreational vehicles, even if they have more than two. The recreational vehicle owners can prove their "grandfather" status with registration issued by the Department of Motor Vehicles. • The height of the recreational vehicle should not exceed the height of a fence. If the vehicle does exceed this height limitation, the vehicle should meet setbacks. • Larger recreational vehicles should be treated differently. The City should consider a "major vehicle ordinance" that would include sport utility vehicles as well. • The condition of the vehicle should be considered. Many felt that a newer recreational vehicle is not an eyesore — only the dilapidated recreational vehicles pose aesthetic problems. June 18, 2003 The following items were discussed during the input meeting on June 18, 2003: • The Model Traffic Code and current Ordinance are in direct conflict. • Why are horse trailers excluded from the definition of "recreational vehicle ?" • Include "any vehicle converted to a recreational vehicle..." in the definition of recreational vehicle. • The limitation on length (22') could be problematic — many RV's are much longer than 22'. • CDOT defines a "major vehicle" as being over 13'6 ". Maybe Wheat Ridge should adopt this definition in respect to height, width and length. Recommendations /Suggestions from the RV Public Forum The public made the following recommendations over the course of the last two months during the recreational vehicle public input meetings: 1. Create a process to allow property owners to have more than two recreational vehicles. This process should closely resemble the variance process, and only adjacent landowners who are affected by the additional recreational vehicles should be notified. 2. Apply side and rear yard setback requirements for permanent structures if RVs are over six feet in height, and stored in the back yard. Allow recreational vehicles to be stored in the rear and side yard setback areas, if the RVs are less than six feet in height, and if they are screened by a solid fence. 3. Keep the provision that RVs must be stored at least six feet from the property line in the front yard. 4. All existing RVs (by number and location) should be grandfathered. The property owners can prove their grandfather status by providing the City with copies of the vehicle registration. 5. The City should create a definition for "large" or "major" recreational vehicle. This definition should resemble the definition provided by CDOT. 6. The City should use the recommendation made by the Planning Commission and allow a maximum of 40% of the rear yard to be occupied by recreational vehicles. This 40% in the rear yard would be in addition to the two allowed in the front yard. d M _ O N Z C Z V c N r,' W Q Z Z R w co w J a d c 0 s a N i El N N E \� � Z �1 N m N M V> S' 4 IN I N 4 M o N M h 06 r �v V ry �ti � M � M � m � T � M �1 V c, �v V � o N m N :n Z Q � V e 4 a- %J YI o 0 'p C �w Y ) Y� M N M v N M 4 6 6 ti W 67 O N M 4 6 6 r r �- N N N N N N N N ry �ti M M m T � M 3 � o N m N :n Z Q � V e 4 a- %J YI o 0 'p C �w Y ) Y� M N M v N M 4 6 6 ti W 67 O N M 4 6 6 r r �- N N N N N N N N 7500 West 29th Avenue Wheat Ridge, Colorado 80033 3031235-2846 Fax: 303/235-2857 WHEAT p The City of 'm Wheat Ridge ~otoRpoo 11 June 2003 Dear RV Enthusiast: This letter and associated material is to serve as a follow up to the meeting held Wednesday, May 21, 2003. As requested, I have included several items for your review. The first item, labeled as "Attachment 1", on yellow paper, is the current ordinance pertaining to parking of recreational vehicles. This ordinance became effective on December 27, 2002. The second item, labeled "Attachment 2", on blue paper, is a summary of the recommendations made by Planning Commission during the public hearing conducted on November 26, 2002. The final item, labeled "Attachment 3", on pink paper, is a summary of the discussion points for the May 21, 2003 meeting held at the Wheat Ridge Recreation Center. I would like to formally invite you to the next public input meeting to be held Wednesday, June 18, 2003 at the Wheat Ridge Recreation Center. The meeting will be held in an as-yet undetermined meeting room at 7:00 p.m. The specific room will be detailed on the directory board located at the entrance of the Recreation Center. This will be the second of three public input meetings to discuss the current recreational vehicle parking ordinance. I would encourage you to inform anyone who may be interested in discussing this topic about the input meeting on June 18, 2003. I look forward to seeing you at the next meeting input meeting. Sincerely, Alan C. White, AICP Community Development Director ATTACHMENT 1 INTRODUCED BY COUNCIL MEMBER FiGia.; Council Bill No. 36-2002 Ordinance No. 1271 Series of 2002 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PARKING AND STORAGE OF VEHICLES IN RESIDENTIAL AREAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-123 of the Wheat Ridge Code of Laws is hereby amended as follows: Recreational vehicle. A vehicle, such as a recreational trailer, tent camper trailer, pickup truck shell, truck camper, travel trailer, motor home or other vehicle with or without motive power, designed and/or constructed to travel or to attach to a motorized vehicle for the purpose of travel on the public thoroughfare and originally intended and designed for human habitation. The teffn shall also inelude veer'°°' used na Recreational vehicle, personal. A vehicle, with or without motive power, used in recreational pursuits designed for use by one or two persons, including such vehicles as snowmobiles, all-terrain vehicles, personal water craft, boats, off-road motorcycles, and other similar motorized or non-motorized devices. Trailer. Any wheeled vehicle, without motive power, which is designed to be used in conjunction with a motor veWcle other than a truck-tractor so that some part of its own weight and that of its cargo load rests upon or is carried by the motor vehicle. The term includes but is not limited to cargo trailers, flatbed trailers, utility trailers, and horse trailers. Section 2. Section 26-621 of the Wheat Ridge Code of Laws is hereby repealed and reenacted to read in its entirety as follows: Sec. 26-621 Residential parking. A. 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, GED15302T425590.01 _l_ 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. B. In residential zone districts, a maximum of two (2) of any the following vehicles may be parked outside only upon property owned or occupied by the vehicle owner: : Recreational Vehicle * Trailer, with or without storage thereon of any number of personal recreational vehicles In the case of multifamily residential properties, no such vehicle may occupy any parking space required to meet the minimum vehicular parking standard of this Code for multifamily residential land uses. Such vehicles or trailers must be parked six (6) feet or more inside tile front property line. 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, permanent or temporary carports, frame covered structures, tents, cloth, plastic or fabric covers, or other temporary structures shall not be used to store or conceal recreational vehicles or trailers in addition to or in excess of the maximum number permitted hereby. C. In residential zone districts, parking of detached trailers and recreation vehicles is prohibited in public rights-of-way; provided, however, one (1) recreational vehicle or one (1) trailer may be parked within public rights-of-way for a period up to seventy-two (72) hours, provided it is 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 re-start the 72 hour period. D. 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. E. Pickup truck-mounted campers and pickup truck shells, 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 of any vehicle so described upon private GED15302W25590.01 _2_ 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. F. 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 with the use of concrete curbs, railroad ties, landscape timbers, or similar materials such that the material used for surfacing stays contained within the storage or parking area. Section 3. Section 15- 25 of the Wheat Ridge Code of Laws is amended by the addition of a new subsection (k) to read: (k) In residential zone districts, one vehicle in non-operative condition as defined in Section 15-4 may be stored outside upon property owned by the vehicle owner, provided such vehicles are parked six (6) feet or more inside the front property line under the same conditions as set forth in Section 26-621.B. Such vehicle shall be completely covered with a standard vehicle cover designed and manufactured for the purpose of covering a vehicle. Such cover shall be of a single earth tone or neutral color and shall be maintained in good condition free from holes, rips, tears, or other damage. Tarps, plastic sheets, or any other type of material not specifically designed and manufactured to cover a vehicle shall not be used to cover a non-operative vehicle. For the purposes of this subsection, permanent or temporary carports, frame covered structures, tents, or other temporary structures shall not be used to store or conceal non-operative vehicles in addition to or in excess of the maximum number permitted hereby. Any property owner may apply to the Board of Adjustment for a variance from the limitation of one (1) non-operative vehicle imposed by this subsection, for the purpose of outside storage of additional non-operative vehicles which are undergoing active restoration. Such application shall be made in the manner required by Section 2-61 and 26-115 and shall be evaluated and decided upon by the Board of Adjustment in the manner required by Section 2-53(d) and 26-115. Additional vehicles permitted by action of the Board shall be located, screened or covered as directed by the Board by conditions of approval of any such variance. Section 4. Ordinance No. 1265, Series 2002, is hereby repealed. Section 5. 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 5. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a GEM53027T425590.01 _3- court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 6. This ordinance shall take effect 15 days after final publication, as provided by the Charter. Section 7. Suppression Clause. If any provision, requirement, or standard established by this Ordinance is found to be in conflict with similar provisions, requirements, or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, including without limitation, Sec. 1203 (3)(d) of the Model Traffic Code, 1995 edition, as amended by Code of Laws Sec. 13- 2(b)(6), which are in existence as of the date of adoption of this Ordinance, the provisions, requirements, and standards herein shall supersede and prevail. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 2 on this 18th day of November, 2002, 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 December 9, 2002, 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 6 to 1 this 9th day of December 2002 SIGNED by the Mayor on this 10th day of December 1 2002 ATTEST: Wanda Sang, City C PPY A AS TO FORM BY Y ATTORJ~ EY GERALD DAHL, CITY ATTORNEY IstPublication: November 28, 2002 2nd Publication: December 12, 2002 Wheat Ridge Transcript Effective Date: December 27, 2002 GED153027A25590.01 4_ Attachment 2 - Planning Commission Recommendations In November 2002, Planning Commission recommended adoption of the ordinance with the following amendments: Section 1, third paragraph under definition of trailer: eliminate the words "and horse trailers" and add the words "but does not include horse trailers." 2. Section 2, paragraph B, second line, after the words "may be stored outside" add the following words: "in the front yard setback or any unfenced side yard adjacent to a public street. Parking is allowed only upon property occupied by the vehicle owner. Additional recreational vehicles or trailers may be parked elsewhere on the property provided that the maximum area used for parking or storage of recreational vehicles, trailers or non-operative vehicles does not exceed 40% of the remainder of the lot." 3. Section 2, paragraph B, add the following words to the end of paragraph B: "Any property owner may apply to the BOA for a variance from the location and number of recreational vehicles and trailers imposed by this subsection. Such application shall be made in the manner required by Section 2-61 and 26-115 and shall be evaluated and decided upon by the Board of Adjustment in the manner required by Section 2-53(d) and 26-115. Additional vehicles permitted by action of the Board shall be located, screened or covered as directed by the Board by conditions of approval of any such variance." 4. Section 2, paragraph E, change the first sentence to read: "Horse trailers, pickup truck-mounted campers........." 5. Section 2, paragraph F, add the following words to the end of this paragraph: "Any owner of property attempting to improve the required parking surface to comply with this ordinance shall be given until September 30, 2003 to comply." 6. Section 3, paragraph (k) second line, after the words "may be stored outside" add the following words: "in the front setback or unfenced side yard adjacent to a public street. Parking is allowed only upon property occupied by the vehicle owner..." 7. Section 3, paragraph (k) line 12, change wording as follows: "Any property owner may apply to the Board of Adjustment for a variance from the location and number of non-operative vehicles imposed by this subsection..." 8. Section 3, paragraph (k) line 12, insert the following language prior to the Board of Adjustment provision: "Additional recreational vehicles or trailers may be parked elsewhere on the property provided that the maximum area used for parking or storage of recreational vehicles, trailers or non-operative vehicles does not exceed 40% of the remainder of the lot. 9. Section 5 - Safety Clause should be renumbered to Section 6. 10. Section 6 should be renumbered to Section 7 and add the following words: "Warning tickets will be the only type of enforcement for six months after the effective date of this ordinance. No fines will be assessed for six months after the effective date of this ordinance." 11. Section 7, Suppression Clause should be renumbered to Section 8. Each portion of the above motion was discussed and approved by consensus earlier in the meeting prior to making the formal motion. . Because no consensus was reached on the issue of parking or storing oversize recreational vehicles, the Commission voted to study this issue further at a later date. The motion failed 3-3. Attachment 3 - Summary of Public Input Meeting on May 21, 2003 The following items were discussed during the input meeting on May 21, 2003: • The City should consider a process (like a variance) to allow more than two Recreational vehicles. • Different size lots should be treated differently, i.e. larger lots should be allowed to have more recreational vehicles. • Some properties may have difficulties storing a recreational vehicle in the back yard, due to a smaller lot size. • The six-foot setback for recreational vehicles should be revised. The City should amend this setback rule to take into account the location of the recreational vehicle and the speed limit of the street. • The City should create a better noticing system. Some people don't get the Wheat Ridge Transcript, and heard about the meeting at the last minute. The City should use Department of Motor Vehicle records to notify all recreational vehicle owners in the City. • People that currently have more than two recreational vehicles should be "grandfathered", that is, they should be allowed to keep all existing recreational vehicles, even if they have more than two. The recreational vehicle owners can prove their "grandfather" status with registration issued by the Department of Motor Vehicles. • The height of the recreational vehicle should not exceed the height of a fence. If the vehicle does exceed this height limitation, the vehicle should meet setbacks. • Larger recreational vehicles should be treated differently. The City should considera "major vehicle ordinance" that would include sport utility vehicles as well. • The condition of the vehicle should be considered. Many felt that a newer recreational vehicle is not an eyesore - only the dilapidated recreational vehicles pose aesthetic problems. rol d 0 a W I tva o IQ 0 C1 Q Z C 1— Z «z r ' 3 L a y L � N Q � � O N ; CLN O �N � L � Y � � L O L rol d 0 a W I tva o IQ 0 C1 Q Z 1— Z v r ' 3 a y Q N Q W J IL (1)I m Z N M V� � N a 1 (n M m rk N c� M n � 11 M rV M O �n rn E J 6n (7' N M _ Q U O Ln CO ti 00 0') 1 � w t� v v 1-- a 7_ U Z 9 . . . . . . . . r N M 4 In 6 ti OD 6 O r N M d' Lf) CO I� 06 r r r r r r r r r N N N N N N N N N Recreational/Major Vehicle Parking Under Review Concerns have been brought to the city's attention about the storage and parking of recreational and major vehicles in residential zone districts. Concerns have been, to name a few; how many can you park on residential property, size of vehicles allowed, can they be screened from view, where can they be parked, and impacts they have on neighboring properties. The goal is to allow all residents a reasonable use and enjoyment of their property, to preserve neighborhood character, public health, safety and property values. From various meetings, study sessions and regular council meetings, comments have been made about the use and possession of recreational and major vehicles being an important factor in the lives of a number of residents of the City of Wheat Ridge. Comments have also been made about certain types and sizes of recreational and major vehicles, the improper storage of recreational and major vehicles, and the parking of and storage of excessive numbers of vehicles can affect the neighborhood character as well as public health and safety, property values, and the reasonable use and enjoyment of neighboring properties. The intent and purpose of the zoning code of the City of Wheat Ridge, among other things is to; to provide adequate light and air to the residents, structures and properties within the city; to improve housing standards; to conserve property values and in general to promote the health, safety and welfare of the citizens and residents of the City of Wheat Ridge While the ability of recreational vehicle owners to provide for the security of and access to their vehicles is a reasonable expectation, they have a responsibility to respect the rights of residents, owners, and users of neighboring properties and to avoid interference with the purposes of the zoning district in which they are located. Attempting to establish regulations furthers the overall community goals in the city's comprehensive plan to preserve, enhance and maintain Wheat Ridge's neighborhoods. The intent is to establish regulations as a means to balance the interests of the owners of recreational and major vehicles, adjacent residents and the public. What is a major vehicle in the city of Wheat Ridge? A major vehicles as defined by Section 13-2 of City of Wheat Ridge model traffic code is any vehicle eight (8) feet or more in width, and/or twenty-five (25) feet or more in length. Overall Community Goals Commit to quality development and redevelopment of land within the City of Wheat Ridge. PrA&erve and:enhance Wheat Ridge's.neighborhonrts Ar Recognize that parks and open space in the City of Wheat Ridge are valuable, limited resources that should 'be preserved for the enjoyment of alt citizens: " N Encourage intergovernmental cooperation on issues with, impacts anc nurture interaction between all members of the community. N Continue to provide quality community services, facilities, and amenities in A Encourage alternative transportation opportunities. a ' Make every effort to make pedestrians and bicyclists feel safe and comfortable throughout the City of Wheat Ridge. s Continue to provide opportunities for meaningful public involvement in decisions that affect the quality of life in Wheat Ridge and encourage involvement. r Limit industry to the development of light industry that will add to the tax base and, provide jobs for local residents. Improve and upgrade. the quality of infrastructure in the City. Promote andfoster quabtysmall businesses in Wheat Ridge. Key Components of the Wheat Ridge Comprehensive Plan During the first six months of this Plan's development, the Comprehensive Plan Review Committee (CPRC) held neighborhood district meetings as well as district meetings to: 1. Determine what elements should be included in this plan. 2. Develop goals and policies for each plan component. 3. Establish key community values. As a result of these community meetings, the CPRC developed the following six plan components. Future Land Use ■ Land Use Plan (required by statute) ■ Commercial how it "fits" with the rest of the community ■ Environmental Quality ■ Aesthetics-physical, design elements, landscaping, housing-density, balance ■ Managing Change-type of growth 1-3 Wheat Ridge Comprehensive Plan - A Guide to Development Community Character ■ Enhancing Wheat Ridge's Distinctive Identity ■ Preserving Wheat Ridge's Cultural Legacy and Small Town Spirit ■ Maintaining Quality of Neighborhoods ■ Height Limit/Preserving Mountain Views ■ Natural Habitats and Trees ■ Community Involvement (strong, caring, compassionate) ■ Diverse Physical Character Community Amenities and Services ■ Parks, Recreation, and Open Space ■ Historic Resources (including historic ditches) ■ Arts and Culture ■ Safety of our Citizens-police, fire, etc. ■ Welfare of our Citizens-health care, medical, etc. ■ Life-Long Learning-education, library, etc. ■ Utilities-waste disposal Transportation Multiple modes of transportation for people of all ages. ■ Traffic Calming ■ Street Plan (classification/designation to be referenced by CDOT, RTD, DRCOG, and JeffCo). Sustainable Economic Development Environs and Regional Cooperation 1-4 Wheat Ridge Comprehensive Plan - A Guide to Development Issues Raised by Citizens of Wheat Ridge and Addressed by the Comprehensive Plan The Comprehensive Plan was developed under the guidance of a dedicated group of eleven citizens - the Comprehensive Plan Review Committee (CPRC) - selected and appointed by the City Council. The committee contained two representatives from each of Wheat Ridge's four districts, as well as representatives from Planning Commission, City Council, and the Parks and Recreation Commission. They served as conduits of information to and from the neighbors residing in their respective districts and to and from the community at-large. They met twice a month over a course of nearly two years. On October 1, 1996, the CPRC, with assistance from Community Matters, Inc. and City staff, held a "town meeting" in order to give citizens an opportunity early on to express what they wanted the future Wheat Ridge to be like. At this meeting, a few of the more salient themes were: ■ People of Wheat Ridge truly value their parks and open space system and would like even more. ■ Children's safety and overall quality of Iffe is a primary concern. ■ Citizens strongly favor the single-family housing developments in Wheat Ridge over the mufti-family developments. ■ Citizens want to maintain Wheat Ridge's identity and cultural legacy - agricultural heritage and semi-rural feel. ■ Overwhelmingly, citizens agreed that they would like to instill a renewed sense of pride in Wheat Ridge through improved maintenance of propertied and by encouraging quality development. (See the results of the exercises administered at the town meeting in Appendix A). I-5 Wheat Ridge Comprehensive Plan - A Guide to Development CITY COUNCIL MINUTES: January 13, 2003 Page -7- Motion by Mr. Edwards to override the Rules and finish the rest of the Agenda; seconded by Mr. Schneider; carried 6-2 with Mr. DiTullio and Mr. Gokey voting no. Item 9. Resolution 01-2003 - amending the fiscal year 2002 Open Space Budget to reflect the approval of a supplemental budget appropriation. (Phase II and III of the Creekside Park Project). Resolution 01-2003 was introduced by Mr. Mancinelli, who also read the summary. Motion by Mr. Mancinelli to approve a supplemental budget appropriation from Fund 32 Open Space unallocated reserve in the amount of $180,500 to be transferred to Acct. No. 32-601-800-862; seconded by Mr. Schneider; carried 8-0. CITY MANAGER'S MATTERS Consensus was 6 in favor to follow the City Manager's recommendation to hold a series of public workshops regarding Ordinance 1271, Recreational Vehicle Parking; that this be addressed on our website, as well as Channel 8, and to start the workshops when the Snowbirds return to Wheat Ridge. He also encouraged people to call the City and get on a mailing list to be informed of the workshops. CITY ATTORNEY'S MATTERS Mr. Dahl updated Council on the outcome of the Northglenn Sex Offender Ordinance; i has been overturned by the Colorado Supreme Court. He will submit details in writing. ELECTED OFFICIALS' MATTERS Mayor Cerveny reported that she received a phone call from Congressman Bob Beauprez; he has been appointed to the Transportation Committee and the Small Business and Veterans Affairs Committee; he has an office in Wheat Ridge at 4251 Kipling Street, Suite 370, Telephone 303-940-5821. She encouraged citizens to apply for Board and Commission openings. Motion by Mr. DiTullio that a discussion be added to the February 19 Study Session, which will examine room rental, park shelter, and park pavilion tax, that fiscal analysis of the tax and options for Council to consider regarding the tax; seconded by Mr. Hanley; carried 8-0. Motion by Mr. DiTullio that the City Affairs Committee would meet on the February Study Session at 6:00 p.m. to get organized; seconded by Ms. Figlus; carried 5-3 with Councilmembers Schneider, Gokey, and Mancinelli voting no.