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HomeMy WebLinkAboutZOA-02-04INTRODUCED BY COUNCIL MEMBER g Gi us 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. T" °-M shall also eltide vehicles used in _eefe Anal et,,.:.,,,a deviees. 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 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, 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 Section 26-621 of the Wheat Ridge Code of Laws is hereby repealed and reenacted to read in its entirety as follows Sec 26-621 Residential parking.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, GeD•i:U2Ta25s% 0 1 -1- 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 the 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 GFMi3027\42ii90 (11 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 (1) 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 ii 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 ULW30271125WO 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 - 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 votc of 6 to 1 , this 9th day of December 2002 SIGNED by the Mayor on this 10th day of December 2002 kV -IEN CER NY, MAYOR ATTEST Wanda Sang, City Clerk' APPIO%,ED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication November 28, 2002 2nd Publication December 12, 2002 Wheat Ridge Transcript Effective Date December 27, 2002 <a:u ;i(Rrg25s90.0i -4- CITY COUNCIL MINUTES 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 Lazzari, 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 LLL~~~ 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 O O�ORA� OF WHEAT V REQUEST FOR CITY COUNCIL ACTION 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. COMMISSIONBOARD 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...." 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. CAProjectsVoning amendments\Residential Parking\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 CAProjectsVoning amendments\Residential Parking\RV parking cc action update.doc OF WHEAJ P~ REQUEST FOR CITY COUNCIL ACTION ~O~ORA00 COUNCIL MEETING DATE: December 9, 2002 TITLE: CASE NO. ZOA 02-04, RESIDENTIAL PARKING ® PUBLIC HEARINGS ❑ 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: I move to approve Council Bill No. 36-2002, Case No. ZOA 02-04 on second reading. (There may be additional changes based upon recommendations of Planning Commission. Planning Commission is hearing this case again on December 5ch ) EXECUTIVE SUMMARY: This amendment to the Zoning and Development Code modifes and clarifies the recent changes made to the provision of the code dealing with the parking of recreational vehicles on residential property. FINANCIAL IMPACT: The financial impact to the City as a result of action on the ordinance is negligible. COMMISSION/BOARD RECOMMENDATION: Planning Commission heard this case on November 7, 2002 and continued the hearing. Several changes were suggested for the ordinance. Planning Commission will be hearing the case again on December 5, 2002 and there may be additional recommendations to report. PROJECT HISTORY: Council Bill No. 29-2002 (Ordinance No. 1265) was adopted by Council on September 23, 2002 which restricted the number of recreational vehicles allowed to be parked on a residential property to one. The ordinance was vetoed by the Mayor, but Council voted to override the veto. Council then conducted a study session and reached consensus on several aspects of this issue. The attached chart summarizes the results of the study session. First reading of the revised ordinance was approved on November 181h, with the following changes from the ordinance adopted in September: 1. A definition of personal recreational vehicle was added. Horse trailers were added to the definition of trailers. 2. 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. 3. Clarified language relating to parking vehicles in excess of the two permitted vehicles in carports or temporary structures. 4. Allowed parking or storage areas to be surfaced with gravel. 5. Moved the non-operative vehicle provision to Chapter 15 (Nuisances) of the Code of Laws. 6. Empowered the Board of Adjustment to hear requests for variances to the number of non-operative vehicles allowed on a residential property. STATEMENT OF THE ISSUES: Public comment has included those in favor and those opposed to the ordinance. Disagreement revolves around the following items: 1. The number of recreational vehicles or trailers allowed is either reasonable or too restrictive, depending upon the individual circumstance. Two seems to be a number most can agree on, but that number is too limiting to those who have larger lots and may have horse trailers in addition to recreational vehicles. There are others who have a motor home, boat, and trailer with a personal water craft. 2. The inclusion of horse trailers in the limitation on trailers is viewed by some as contrary to fostering a "rural atmosphere." 3. Recreational vehicles vary in size from small 10-12 foot long camper trailers to 35 foot long motor homes. The impacts to neighbors can vary greatly. There may be more issues that are identified during the Planning Commission hearing on December 5`n ALTERNATIVES CONSIDERED: Planning Commission was presented with several suggestions to deal with large motor homes. These were: 1. Include a definition of "major recreational vehicle" to include any vehicle over 8 feet wide and/or 25 feet in length. 2. Limit the number of major recreational vehicles to one, permit only on lots 9,000 square feet (or 7,500 square feet) or larger, and have the major recreational vehicle count as two recreational vehicles. 3. Where allowed, major recreational vehicles would be permitted to be stored in only the backyard, with requirements for fencing and screening. These suggestions are based on regulations of Denver and St. Louis Park, Minnesota. These examples are attached. Report Prepared by: Alan White (303-235-2846) Attachments: 1. Council consensus chart 2. Denver regulations 3. St. Louis Park, MN regulations 4. Council Bill No. 36-2002 C XDOCUMENTS AND SETTINGSWANWY DOCUfvIENMWPFILESTROIECTWONING AMENDMENTSV V PARKING ORD -CC ACTION FORM 2ND READING DOC ATTACHMENT 1 Provision Current Ordinance Council Consensus 1. Number of Vehicles Currently limited to one (1) Increase number of Recreational vehicles vs. recreational vehicle OR one (1) recreational vehicles or personal craft trailer. trailers allowed to be stored or parked to two (2). Trailer must be designed for intended purpose. 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 Allow a trailer with personal Horse trailers are not trailer constitutes one recreational rec. vehicles (no limit) as an mentioned vehicle plus one trailer - a equivalent to a recreational violation. Needs clarification. vehicle. Horse trailers are treated as any other trailer. 4. Setbacks Current requirement is 6 feet in Only requirement is to meet Front front only. the current front setback Side requirement of 6 feet. Rear 5. Parking/Storage Surface Not addressed in Section 26-621. Gravel is allowed as a Section 26-501 (D) requires parking/storage surface. "areas subject to wheeled traffic Standards for depth & for access, parking, sales, or containment. 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 Current requirement applies to Only 6-foot setback from Triangles/Obstructions driveways only: 15 from the edge front applies. of driveway and 15 feet from the right-of-way line. 8. Non-operative Vehicles This provisions should be moved Delete from this 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. C Tocuments and Settings\alan\My Documents\W PFiles\Projects\zoning amenaments\mv ora chart rev.wpa ATTACHMENT 1 ATTACHMENT 2 City of Denver Sec. 59-585. Use and maintenance of off-street parking space. Off-street parking space shall be maintained in accordance with the following specifications: (1) Except as allowed by other provisions of this chapter including subsection (1)a below, no truck exceeding six thousand (6,000) pounds empty weight, no automobile trailer, bus or motorized recreation vehicle exceeding wenty-two (22) feet in length, and no truck-tractor or semi-trailer shall be stored on any zone lot in a residential district. a. The owner of a school, church or pre-school may apply for a temporary permit to park one (1) or more buses or vans on the property containing the subject use. Such vehicle must be used primarily to transport church members and/or school and pre-school children or students. The zoning administrator shall approve or deny applications for such permits on the basis of the following criteria: 1. The number of buses or vans involved is justified by the method of operation and the size of the church, school or preschool. 2. The proposed parking area is located away from abutting residential structures and will have a minimal impact on the character of surrounding residential properties. 3. If the parking area is located adjacent to residential structures, adequate screening and landscaping will be installed to reduce or eliminate the visual impact of the bus on adjoining residents. At least fifteen (15) days prior to the consideration of such permit application, the administrator shall cause the installation of a notification poster on each front line of the zone lot notifying adjoining residents of the application, and soliciting comments in regard to their concerns. In approving a permit the administrator may attach conditions for the protection of adjoining owners and residents. Approved permits shall expire after a two-year period and may be renewed upon a determination by the administrator that the parking of the bus or van has had no detrimental effect on adjoining residential properties. (Ord. No. 306-89, eff. 6-19-89) ATTACHMENT 2 ATTACHMENT 3 City of St. Louis Park, Minn. Sec. 36-162. Restrictions and performance standards (a) Purpose. The city council finds that in areas set aside by this chapter for residential development certain performance standards are desirable in order to preserve neighborhood character, public health and safety, property values, and allow all residents a reasonable use and enjoyment of property. To this purpose, the city council finds that the use and possession of commercial and recreational vehicles are an important factor in the lives of a substantial number of residents of the city. The council finds that certain types and sizes of commercial and recreational vehicles, the improper storage of commercial and recreational 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. 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. The city council further finds that the establishment of these regulations furthers the goals in the city's comprehensive plan relative to enhancement of residential neighborhoods and similar goals expressed in Vision St. Louis Park. The city council establishes these regulations as a means to balance the interests of the owners of commercial and recreational vehicles, adjacent residents and the public. (b) Definitions. For the purpose of subsections (c)(8), (c)(9) and (c)(10) of this section, the listed terms are defined as follows: Back yard means the area between a line created by extending the rear face of the principal building and the rear lot line. Front yard means the area between a line created by extending the front face of the principal building and the street in front of the house. Side yard means area between the front and back building walls and the side lot line (c) General provisions. No structure or premises within any R district shall be used for one or more of the following uses unless its use complies with the following regulations: (1) All trash, garbage, waste materials, trash containers, and recycling containers shall be stored in a manner provided in this chapter. (2) The stopping, standing or parking of any motor vehicle, recreation vehicle, or commercial vehicle is subject to all restrictions in this subsection and under section 36-361. (3) All utility lines including electric, gas, water, sanitary sewer, telephone, and television cable shall be placed underground when used with all new structures or additions which expand the gross square footage of a structure by more than 50 percent unless used for service to single-family or two-family houses. In addition, any new service to an existing building other than a single-family or two-family dwelling shall be placed underground. . ATTACHMENT 3 (4) All access roads shall have a poured-in-place concrete curb measuring at least six inches above and below the grade in all developments except developments of single-family or two-family dwellings. (5) Interior pedestrian circulation and pedestrian linkage to any existing public trails or sidewalks shall be provided where practically possible for all developments except developments of single-family or two-family dwellings. (6) All single-family and two-family homes shall: a. Be built on a permanent foundation; b. Be connected to the city sanitary sewer and water; and c. If the home is a manufactured home, it shall: 1. Have a permanent, completely enclosed foundation which complies with the state manufactured home building code and which is constructed around the entire circumference of the structure. 2. Meet the standards and be certified by the U.S. Department of Housing and Urban Development. (7) Accessory structures shall comply with all of the following regulations: a. No accessory building shall be erected or located within a yard other than the rear yard, except that a detached accessory building, designed and used as a garage, may be located within a side yard unless it abuts a street. No accessory building shall be located between the front building wall and the front lot line. b. No accessory building erected in the rear yard of a corner lot shall be located within 15 feet of any property line abutting a street except that in an R-2 or R-3 district an accessory building may be located within nine feet of a property line abutting a street on a lot of record which is at least 40 feet wide but less than 60 feet wide. c. All detached garages and other accessory structures shall be compatible in design and materials to the principal structure on the parcel. d. A detached garage located 60 feet or more from the front lot line shall meet the following locational provisions: 1. Garages where the building dimensions do not exceed 12 feet in height and/or 26 feet in width shall be located a minimum of two feet from any lot lines. 2. Garages where the building dimensions exceed 12 feet in height and/or 26 feet in width shall be located a minimum of two feet from a lot line abutting an alley and five feet from any other lot lines. e. The total ground floor area of all accessory buildings shall not exceed 25 percent of the area between the principal structure and rear lot line and in the R-1, R-2 or R-3 districts and it shall not exceed 800 square feet. Except in the R-3 district, the total ground floor area of all accessory buildings shall not exceed either 1,200 2 square feet or 25 percent of the area between the principal structure and rear lot line for a two-family dwelling unit. No single accessory building may exceed 800 square feet. f. The height of an accessory building measured from the lowest level on the ground within five feet of the foundation, in accordance with section 36-4, shall not exceed 15 feet, except parking ramps whose height is regulated by sections 36-166 and 36-167. g. No accessory building other than a garage shall be located within three feet of any lot line abutting lots in an R district. h. Accessory buildings located less than six feet from a principal building on the same lot shall be considered part of the principal building for the purpose of applying provisions of this chapter. i. Where the natural grade of a lot at the building line of a house is eight feet or more above the established curb level, a private garage may be erected within any yard provided one-half or more of its height is below grade level and it is located a minimum of ten feet from any street line and five feet from any side lot line. j. An accessory structure 120 square feet or less in area shall obtain a zoning permit prior to its installation and must be anchored in a manner approved by the city. (8) Except as provided in subsections (c)(9) and (c)(15) of this section, no motor vehicle, recreational vehicle, commercial vehicle, or trailer shall be permitted to stand or park in any R district which exceeds any of the following: a. Eight feet in height, measured from the ground to the highest point on the vehicle at recommended tire pressure. For the purpose of measuring height, all accessories, attachments, and materials carried upon a vehicle shall be considered part of the vehicle; b. Twenty-two feet in length, measured at the longest point of the vehicle or, if a trailer, the horizontal distance between the front and rear edges of the trailer bed. For the purpose of measuring length, all accessories, attachments, and materials carried upon a vehicle shall be considered part of the vehicle or trailer bed; or c. Six thousand five hundred pounds, empty weight including the box. (9) One recreational vehicle which exceeds any of the limits set forth in subsection (c)(8) of this section and is owned by the occupant of the premises can be parked in the back yard area if: a. The vehicle is parked no closer than five feet from any property line. b. If the property is a multifamily property, the vehicle must be stored on a concrete or bituminous surface and the parking space must be in excess of the minimum number of parking spaces required by this chapter. c. The vehicle shall be screened using a 90 percent opaque fence which is six feet high and plant materials which at maturity have the ability to screen 100 percent of the height and 100 percent of the length of the vehicle with a minimum of 50 percent opacity from view from: 3 1. Any park. 2. Any abutting residentially developed property. 3. Any street which abuts the back yard. The fence and plant materials shall be located in such a manner that visibility is maintained as required in section 36-76. A six-foot-high gate may be placed in the fence to allow for ingress and egress. Plant materials may be omitted at points of ingress and egress but the gap. in landscaping may not exceed the width of the vehicle plus two feet. (1010)) The following provisions shall apply to the parking and storage of vehicles on residential parcels in the R-1, R-2 and R-3 districts: a. No more than three vehicles can be parked or stored outside an enclosed building at a single-family residence. For a duplex, six vehicles can be parked or stored outside. If there are more than three persons residing at a single-family dwelling who have valid state driver's licenses showing the residence address, then the total number of vehicles allowed to be parked outside is increased to a number equal to the number of licensed drivers residing at the property not to exceed five vehicles. The provisions of this subsection shall not apply during snow emergencies. b. No more than two nonpassenger vehicles can be parked on a residential lot outside of an enclosed building. Except as permitted in subsection (c)(9) of this section, vehicles shall be stored on a designated parking space. Nonpassenger vehicles cannot be parked or stored in a front yard or a side yard abutting a street except as allowed under subsection (c)(10)g. of this section. c. Only commercial vehicles which do not exceed any of the size requirements under subsection (c)(8) of this section and are designed exclusively for on-street use can be parked on residential lots outside an enclosed building. Commercial vehicles shall be parked only within a garage or on a designated parking space and cannot be parked or stored in a front yard or a side yard abutting a street except as permitted under subsection (c)(10)g. of this section. d. Except as permitted in subsection (c)(9) of this section, all vehicles must be stored on a surface improved for driveway purposes with an approved paving surface, e. No more than one recreational vehicle which exceeds the size requirements in subsection (c)(8) of this section can be parked on a residential lot outside an enclosed building. f. No nonpassenger vehicle can be parked within five feet of an interior side lot line or rear lot line. g. No nonpassenger vehicle can be parked within the front yard or within a side yard abutting a street except where designated parking space is permitted under subsection 36-361(b)(3)1. Under no circumstances can a nonpassenger vehicle which exceeds the size limitations in subsection (c)(8) of this section be parked in a front yard. h. No nonpassenger vehicle can be parked on a residential lot if the vehicle is not owned or leased by the occupant of the premises where it is parked or is a commercial vehicle owned by the employer of an occupant who is using the vehicle for business purposes. i. Only one tow truck can be parked on a residential property. j. Parking is not permitted within a driveway in the R-1, R-2 or R-3 district within five feet of the curb of a public street. In the absence of a curb, parking shall not be permitted within five feet of the traveled public roadway, In no event can a vehicle be parked in such a manner as to block a public sidewalk. k. The total area in the front yard of a single-family lot improved for parking and driveway purposes shall not exceed 30 percent of a front yard area. Additionally, the average width of a driveway shall not be more than 22 feet. This provision will not prohibit an average driveway width of up to 22 feet for all single-family lots. 1. Recreational vehicles six feet in height or less at their highest points may be parked in one nondriveway side yard on a residentially zoned lot provided that they are ten feet or more from the adjacent residence, do not extend beyond the front building wall of the house, and are screened from the street and from the adjacent neighbor with a 90 percent opaque fence with a height at least equal to the height of the highest point of the vehicle to be screened. A fence-height gate may be placed in the fence to allow for ingress and egress. (11) One vehicle with an attached snowplow can be parked outside of an enclosed building between November 1 or the first two-inch snowfall, whichever occurs first, and April 30. This vehicle will be considered to be a commercial vehicle when applying this chapter. (12) Snowplows and other commercial equipment must be stored within an enclosed structure when not attached to a vehicle. (13) Outdoor storage of fish houses is not permitted on a residential lot. (14) On-street parking of nonpassenger vehicles is not permitted within any R district. (15) The following are exempt from the provisions in this subsection: a. Any vehicle being used in conjunction with a temporary service benefiting the property. b. Vehicles used in conjunction with authorized construction sites between 7:00 a.m. and 10:00 p.m. Monday through Friday and between 9:00 a.m. and 10:00 p.m. on weekends and holidays. c. Vehicles used in conjunction with authorized public works construction. d. Recreational vehicles can be parked temporarily while being loaded or unloaded or during routine maintenance and servicing not exceeding 48 consecutive hours. (Code 1976, 14:5-4, 14:5-4.1; Ord. No. 2202-01, § 2, 8-20-2001) S INTRODUCED BY COUNCIL MEMBER Council Bill No. 36-2002 Ordinance No. 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 term shall ' a al 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 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, 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, ATTACHMENT 4 GED\53027\425590.01 -I- 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 the 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 GED\53027\425590.01 -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 (1) 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 2753(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 GED\53027425590.01 -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 _ to - 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 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: 2nd Publication: Wheat Ridge Transcript Effective Date: GED\53027\425590.01 -4- 7: PUBLIC HEARING A. Case No. ZOA-02-04 (continued from November 7, 2002) An ordinance amending Section 26-261 of the Wheat Ridge Code of Laws pertaining to parking in residential areas. This case was presented by Alan White. He reviewed the staff report which set forth two modifications made by Council on November 21, 2002: (1) clarifying that non-operative vehicles above the maximum number allowed (one) to be stored outside could not be stored in a carport or tent to be considered stored indoors, and (2) empowering the Board of Adjustment to hear requests for variances to the limitation of one non-operative vehicle allowed to be stored outside. This is the last opportunity for Planning Commission to make recommendations to City Council under the 60-day limit. Mr. White also suggested that the ordinance not contain a grandfather clause because of enforcement difficulty. Commissioner MCMILLIN commented that staffs survey revealed that the proposed ordinance is much more strict than the surrounding communities in Jefferson County. The only exception would be Westminster which has more stringent regulations than the proposed ordinance. Chair WEISZ asked to hear from members of the public. Don MacDougall 9815 West 37t Avenue Mr. MacDougall spoke in opposition to the ordinance. He stated that he felt a little resentful that a small number of people could change the way of life he has enjoyed in his present home since the 1960's. He owns several recreational vehicles which are stored out of sight on his property. He has never received any complaints from his neighbors. In response to questions from Commissioner MCMILLIN, he stated it would work well for him if setbacks, rather than the number of RV's, were regulated. However, it might not work for everyone. He also stated he would go through a special use process, if absolutely necessary, to allow storage of additional RV's on his property, however, he has had RV's on his property since before the City was incorporated. He also pointed out that many motor home owners are out of the city for the winter. Since Mr. MacDougall is president of the Jefferson County Horse Council, Commissioner McMILLIN asked if he had any idea how many horse owners are in Wheat Ridge. Mr. MacDougall replied that he didn't have a definite number, but he did point out that there is a trend for more horse owners to board their horses. This still necessitates having horse trailers. Kevin Craig 10615 West 46`h Avenue Mr. Craig spoke in opposition to the ordinance and in favor of a grandfather clause. He suggested that the number of RV's not be limited as long as they are stored behind a six-foot fence. He expressed concern that passage of this ordinance would hurt a lot of urban people. Planning Commission Page 2 December 5, 2002 In response to a question from Commissioner McMILLIN, Mr. Craig stated that all of his vehicles are registered. Commissioner McMILLIN suggested that checking registrations may be a solution for the enforcement of a grandfather clause. Alan White agreed. Tom Prose 7295 West 28th Avenue Mr. Prose spoke in opposition to the ordinance. He stated that he and his son have been restoring automobiles as a hobby at the above residence for the past thirty-five years and he was in favor of a grandfather clause. He also stated that he took offense to collector cars being referred to as junk cars. He believed there should be no problem if cars are stored behind a privacy fence. He stated that adoption of this ordinance will hurt many residents of Wheat Ridge. He asked how a grandfather clause would work. Alan White explained that a grandfather clause could be written to cover the specific vehicles owned at the time or the number of vehicles owned at the time of the effective date of the ordinance. In response to questions from Commissioner McMILLIN, Alan White explained that the cost of a variance would be about three hundred dollars and special use permit would be approximately five hundred dollars. Denver Johnson 2948 Vivian Street Mr. Johnson spoke in opposition to the ordinance. He stated that, prior to his purchase of a motor home, he researched the city's ordinances and the model traffic code as they related to motor homes. He found that the model traffic code allows two RV's. He purchased his motor home based upon that research. Beverly Agy 4625 Garland Ms. Agy stated she owns a small motor home which is parked on the side of her home. The configuration of her property would not allow her to park the motor home behind her home with a privacy fence. She stated they rarely park any vehicle on the street. She expressed frustration with laws governing motor homes when there are no regulations about the number of cars that can be parked on the street. Commissioner McNAMEE asked if Ms. Agy would be opposed to restricting the number of RV's that are in plain view with additional vehicles being stored behind privacy fences. Ms. Agy commented that there are many properties in Wheat Ridge that would not allow access to the back yard for RV storage. Tom Nielsen 10901 West 32"d Avenue Mr. Nielsen spoke in opposition to the ordinance. He stated he has lived on his four-acre lot for the past twenty-seven years. He collects cars which are stored in a six-vehicle garage. Those in running order are licensed and those in process of restoration are not licensed. These vehicles are not visible from the street. He also took exception to the definition of a non-operable vehicle including an inoperable headlight. Planning Commission Page 3 December 5, 2002 Jim Opp 3232 Vivian Drive Mr. Opp stated that he owns two recreational vehicles. He parks his 36' motor home on the side of his home and has received no complaints from his neighbor. He didn't want to see regulations about size and weight of vehicles. He stated that he could not erect a privacy fence on his property because he lives in a 100-year flood plain. However, he agreed with the compromise of allowing two RV's per property with any additional vehicles being stored behind a privacy fence. Jim Simons 2850 Teller Mr. Simons expressed opposition to the ordinance. He believed the only situation the ordinance should address is the number of vehicles visible from the street. He also asked that horse trailers not be included as recreational vehicles. He thanked the Planning Commission for taking the time to listen to citizens. Paul Dierschow 10510 West 47`h Avenue He stated that he paid a premium to buy property in Wheat Ridge where he could pursue his hobby of restoring sports cars. He stated he owns approximately forty small cars over half of which are stored in a large garage on his half-acre lot. They are not visible from the street. He stated that he takes great pride in keeping his property presentable. He doesn't think automobile hobbyists should be criminalized. There was no one else present to address the ordinance. (Chair WEISZ declared a brief recess at 8:25 p.m. The meeting was resumed at 8:30 p.m.) Commissioner COOPER suggested that this ordinance be tabled until further discussions could be held at First Monday meetings in an attempt to find viable solutions. She did not feel comfortable with making a decision on the ordinance at this time. Commissioner McMILLIN expressed his opinion that the Commission had a duty to act upon the matter and give a recommendation to City Council. The Commission agreed to discuss possible amendments to the ordinance and reach a consensus on each point before making a formal motion. It was moved by Commissioner SNOW and seconded by Commissioner McNAMEE that Council Bill 36-2002 be approved 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." Section 2, paragraph E: change the first sentence to read: "Horse trailers, pickup truck- mounted campers........." Planning Commission Page 4 December 5, 2002 Section 2, paragraph B: They may be parked outside 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 inoperable vehicles does not exceed 40% of the remainder of the lot. 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." Section 2, paragraph B: Add the following words to the end of paragraph B: "Any property owner may apply to the Board of Adjustment for a variance from the location and number of recreational vehicles and trailers. Such application shall be made in the manner required by Sections 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 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............" Section 3, paragraph K: Add the following words to the section: Additional non- operative vehicles may be parked elsewhere on the property provided that the maximum area used for parking or storage of non-operative vehicles does not exceed 40% of the remainder of the lot. 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." Section 5 - Safety Clause should be renumbered to Section 6. Section 6 should be renumbered to Section 7: 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." Section 7, Suppression Clause should be renumbered to Section 8. The motion passed 6-0. IL. Each portion of the above motion was discussed and approved by consensus earlier in the meeting prior to making the formal motion. Planning Commission Page 5 December 5, 2002 4i _t. 4 tik -Ql V v v PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE PLANNING COMMISSION December 5, 2002 Case No. ZOA-02-04 (continued from November 7,2002): An ordinance amending Section 26-621 of the Wheat Ridge Code of Laws pertaining to parking in residential areas. (Please print) Name Address In avor/Opposed / ~ f ~ ~ vE Se zl ut/ W C& ,n s ipy z ~ q S/ Vt ~C ~T e a (o i0l ty7/tcJ-7- fi l Z ae&) City of Wheat Ridge Planning and Development Department Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director Ow SUBJECT: Case NO. ZOA 02-04, Residential Parking DATE: November 26. 2002 At the public hearing on November 7, 2002 the Planning Commission voted to continue this case, but suggested several changes. First reading of the ordinance occurred on November 21, 2002 with Council making two modifications: 1) clarifying that non-operative vehicles above the maximum number allowed (one) to be stored outside could not be stored in a carport or tent to be considered stored indoors; and 2) empowering the Board of Adjustment to hear requests for variances to the limitation of one non-operative vehicle allowed to be stored outside. The attached ordinance incorporates the changes made at first reading. The changes suggested by the Commission at the November 7th hearing were: 1. Exempt horse trailers from all provisions of the ordinance. 2. Allow for the storage of antique automobiles. 3. Permit three (3) recreational vehicles to be stored outside. 4. Include provisions to address high and long motor homes and parking in the front setback area. 5. Empower BOA to hear variances to the residential parking regulations. Council has addressed #2 and #5 with the first reading changes. Items #1 and #3 are recommendations that appear not to need further discussion. This leaves the issue of the large motor homes. Questions to consider are: 1. Should there be a limitation on the size of motor home allowed to be stored on a residential property? Should there be a minimum size lot for parking such a vehicle? 2. Should the parking of a large motor home be the equivalent of, for example, a small RV and trailer with a boat, so that a residential property is restricted to one motor home? 3. If allowed to be parked on residential property, where should parking be allowed: front yard, side yard, rear yard? 4. Should there be any special requirements for parking large motor homes, such as setbacks, fencing, screening, etc.? C:\Documents and Settings\alan\My Documents\WPFiles\Projects\zoning amendments\rv parking pc dec memo.doc Some help in dealing with this issue may be found in Section 13-2 of the Code of Laws which contains provisions regarding the parking of "major vehicles." The provisions do not deal with RV parking, but the definition of major vehicle may be useful. A major vehicle is defined as any vehicle: 1. Eight (8) feet or more in width, and/or 2. Twenty-five (25) feet or more in length, or 3. Regardless of size, a truck tractor or semi-trailer. Attached are two examples of regulations that restrict the parking of large motor homes in residential areas; one from Denver and one from St. Louis Park, Minnesota. The vehicle sizes used to set limitations are fairly consistent with our definition of major vehicle. The following suggestions are offered to frame the Commission's discussion: Incorporate a definition of "major recreational vehicle" into the ordinance: "An RV over eight (8) feet wide or twenty-five (25) feet long." Don't use weight, it will be too difficult to enforce. Modify paragraph B to limit the number of major vehicles allowed on a residential property to one and that this would be equivalent to the two recreational vehicles allowed. A property must be a minimum of 9,000 (or 7,500) square feet in area in order to store a major vehicle. This would allow storage in R-1 and R-lA zone districts (and R-113 if set at 7,500 square feet). (What about duplexes on 9,000 square foot lots?) Permit storage in back yards only with the requirements of fencing and screening a la the St. Louis Park example. I strongly encourage you not to entertain a grandfather clause. In order for grandfathering to be effective, we need to know what exists at the time the ordinance is passed. It would take a tremendous amount of time to inventory all existing recreational vehicles and trailers in the City. All recommendations concerning this ordinance are requested to be made at this hearing. This is the last opportunity to make recommendations under the 60-day limit for Council to refer matters to the Commission. CdDocuments and Settings\alan\My Documents\wPFiles\Projects\zoning amendments\rv parking pc dec memo.doc 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 5, 2002, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29th 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-02-04 (continued from November 7,2002): An ordinance amending Section 26-621 of the Wheat Ridge Code of Laws pertaining to parking in residential areas. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To Be Published: Wheat Ridge Transcript Date: November 21, 2002 WhiEA T O ,P ° AGENDA ITEM J m REQUEST FOR COUNCIL ACTION November 18, 2002 got oR Poo PUBLIC HEARINGS X ORDINANCES FOR 1ST READING _ BIDSIMOTIONS _ ORDINANCES FOR 2ND READING -RESOLUTIONS Quasi-Judicial: X Yes No SUBJECT: Case No. ZOA 02-04, An ordinance amending the Wheat Ridge Code of Laws pertaining to parking and storage of vehicles in residential areas. SUMMARY AND BACKGROUND: Planning Commission heard this case at a public hearing on November 7, 2002 and approved a motion to continue the hearing, unless Council wanted to proceed with the ordinance then the Commission suggested several changes as outlined in the attached memorandum. ATTACHMENTS: BUDGET IMPACT: 1. Planning Director Memorandum (Original budgeted amount: $0 2. Chart Summarizing Council Stud y Session I iActual contracted amount: $0 'Consensus Impact of expenditure on line item: $0 3. Council Bill No. Budget Account No.: N/A STAFF RECOMMENDATION: Approval ORIGINATED BY: City Council STAFF RESPONS1B1.E: Jerry Dahl, City Attorney Alan White, Planning and Development Director SUGGESTED MOTION: "I move to adopt Council Bill No. Case No. ZOA 02-04 on first reading, ordered published, public hearing set for December 9, 2002 at 7:00 p.m. in the Council Chambers, and if approved on second reading take effect 15 days after final publication." CAI)ocuccws and Setdngs\kadryflLocal Settings\Temporary Lrtemet Files\OLK54\res parking cc Ist.wpd 4\NH City of Wheat Ridge Planning and Development Department Memorandum TO: City Council FROM: Alan White, Planning and Development Director ,~~~,1, ) SUBJECT: Residential Parking, Case No. ZOA 02-04 ~7v DATE: November 11, 2002 Planning Commission continued their hearing on this case, but suggested several changes if Council proceeded with the ordinance. These changes were: Horse trailers should be totally exempt from all provisions of the ordinance. 2. There should be a separate ordinance allowing for the storage of antique automobiles with suitable screening. 3. The ordinance should allow a total of three (3) recreational vehicles. 4. There should be provisions in the ordinance that address high and long motor homes and parking within the front setback area. 5_ The Rna st oul a t P Pmpowered-t hea varianee- tat - ordinance. Second reading in front of Council is scheduled for December 9`s. Planning Commission will have one more opportunity to hear this case on December 5' and formulate a recomendation. CADoeumems and Sc=gsW=Wy Documents\WPFiles\Prcjec[ Vonmg mnendmenuVes parking Isr cc memo.wpd Provision Current Ordinance Council Consensus 1. Number of Vehicles Currently limited to one (1) Increase number of Recreational vehicles vs. recreational vehicle OR one (1) recreational vehicles or personal craft trailer. trailers allowed to be stored or parked to two (2). Trailer must be designed for intended purpose. 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 a trailer with personal Horse trailers are not constitutes one recreational rec. vehicles (no limit) as an mentioned vehicle plus one trailer - a equivalent to a recreational violation. Needs clarification. vehicle. Horse trailers are treated as any other trailer. 4. Setbacks Current requirement is 6 feet in Only requirement is to meet Front front only. the current front setback Side requirement of 6 feet. Rear 5. Parking/Storage Surface Not addressed in Section 26-621. Gravel is allowed as a Section 26-501 (D) requires "areas parking/storage surface. subject to wheeled traffic for Standards for depth & access, parking, sales, or containment. 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 Only 6-foot setback from front driveways only: 15 from the edge applies. of driveway and 15 feet from the right-of-way line. 8. Non-operative Vehicles This provisions should be moved Delete from this 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. and 5ettmgs\a1an\My Documents\WPFiles\Projects\zoning amendmentsM ord chart rev.wpd INTRODUCEDBY COUNCIL MEMBER Council Bill No. _ Ordinance No. _ 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 also ____'__a_ " ' used in 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 vehicle other than a truck-tractor so that some part of its own wP.iaht nnri that of its cargo load rests upon or is carded b17 the mntnr veh,;iele. The term _'a_._ trailers, a ted-UraYers uutiliCy-trailers 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, GED\53027\425590.01 _ 1 _ 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 the 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. In residential zone districts, where i 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 GED\53027\425590.01 _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 (1) 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 such non-operative vehicles. 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 P- romullgated under the general police power of the City of Wheat Ridge that it ___I d fordre-health-,7afety arrd - - - 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 6. 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 7. Supersession 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- GED\53027\425590.01 _3_ 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. Section S. This ordinance shall take effect 15 days after final publication, as provided by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of - to on this day of 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 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 12002 GRETCHEN CERVENY. MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: GED\53027\425590.01 _4_ Randy & Belinda Murray 4000 Eaton Street Wheat Ridge, Co 80212 (303) 425-1954 November 11, 2002 Mayor Gretchen Cerveny City of Wheat Ridge 7500 West 29 h Avenue Wheat Ridge, Co 80215 Re: Ordinance Regarding the Parking of Vehicles Dear Mayor Cerveny, My husband and I have lived in Wheat Ridge and owned our home since 1982. We chose Wheat Ridge specifically because of the non-conformity, rural setting, older homes and larger lot sizes. Our neighborhood is unique, we have homes built in the 1930's and 40's, homes built just last year, homes that are recognized for their beautiful gardens by local TV stations and all of this where we don't even have sidewalks and some still have gravel driveways. The reason I am writing is to let you know that my husband and I vehemently oppose the proposed ordinance to limit the number of recreational vehicles that can be parked on our own property. There are many on our street that have a number of recreational vehicles. These are not junk, all run and are being used. We have young children and are trying to offer them some things in life that revolve around family activities and the outdoors, as opposed to the other options. If this ordinance is supported we might be forced to spend money to build a permanent structure on our property to enclose our vehicles; (we already have a 2 112-car garage). If I am not mistaken, we and numerous other's who live in this city are still zoned for horses etc. and don't even have sidewalks. This is the way we like it! If we wanted covenants, we wouldn't be living here. Our children play on our street and we can't even get speed bumps or dips but the City wants to spend many dollars to pay code enforcement for many hours ticketing people because the have recreational vehicles. This is ludicrous! If this ordinance was originally intended to prevent junk piling and storage of auto parts or cars and equipment that don't run, then that is how is should read and be enforced. We also agree, these could be a danger to our children and pets. RECEIVED By. NOV 13 2002 rXstrfWW by C1WMsnager To: DM Mayor coma aty Cleaft"±ltty. . dw. cher. O We love our home and our neighborhood and we want it to stay the way it is. This Ordinance does nothing but impose more political guidelines for people to follow. Let's spend OUR money more wisely. PLEASE DO NOT SUPPORT THIS ON OUR BEHALF. Is the beautification of 38h Street and Harlan Street more important than FAMILY? Sincerely. & Belinda Murray A vote was taken on Commissioner SNOW's motion. It passed 6-1 with Commissioner MCMILLIN voting no. B. Case No. ZOA-02-04: An ordinance amending Section 26-621 of the Wheat Ridge Code of Laws pertaining to parking in residential areas. This case was presented by Alan White. He reviewed the staff report and the ordinance which contained suggestions submitted by the Planning Commission at the previous hearing on this matter. He submitted photographs taken by staff around the city showing examples of various combinations of recreational vehicles. He also submitted information regarding surrounding communities' regulations concerning recreational vehicles. Commissioner McMILLIN asked which problems are most pressing with citizens of Wheat Ridge: general appearance, neighborhood impacts, lot overcrowding, or relative visual scale. Alan White replied that he wasn't sure that one problem was more pressing than another but that it depends on the circumstance. Commissioner McMILLIN asked how many complaints regarding RV parking have been received by the Planning Department. Alan explained that these complaints go to code enforcement division of the police department, but his office received three calls within the last week in favor of regulating RV parking. No calls were received in opposition to the regulations. Commissioner SNOW questioned the reason for the inclusion of unattached pick-up campers in the ordinance. Alan White replied that it was due to concern that several campers might be stored on the property. In response to a question from Commissioner McMILLIN, Mr. White explained that the Board of Adjustment cannot allow variances in relation to storage of RV's. Commissioner SNOW stated her concern about relating the number of RV's to the size of the lot. Commissioner COOPER asked if this would present an enforcement nightmare. Alan White replied that it would be easier to enforce a certain number of RV's rather than percentage of lot coverage. Chair WEISZ asked to hear from members of the public. Don MacDougall 9815 West 37` Avenue Mr. MacDougall expressed his opposition to limiting the number of RV's in all situations. He has an acre lot which has several vehicles which are out of sight on his property. He has lived there for thirty years and never received a complaint from neighbors about his trailers or his horses. It is also important to him to keep his property looking nice. Planning Commission Page 4 November 7, 2002 Paul Dierschow 10520 West 47th Avenue Mr. Dierschow stated he has owned a home in Wheat Ridge for twenty-three years. He chose Wheat Ridge for its sense of community and heritage and believed that heritage should continue. He would like to hear definite reasons as to why this ordinance was drafted. His hobby is working on cars which should not make him an undesirable citizen. His vehicles are at least a hundred feet from the front property line and are screened from the neighbors' views. He originally bought this larger lot to provide room for his vehicles. Jim Simons 2850 Teller Street Mr. Simons owns a lot just under an acre in size. He stated his opinion that lot size should be considered in the proposed ordinance. He has horse trailers stored in back of his property which are 200 feet from his neighbor. He felt the ordinance should address parking problems that are offensive to neighbors. He also stated that if he is found to be out of compliance, he should have opportunity to obtain a variance. He also felt horse trailers should be excluded from the ordinance. Nancy Ward 10540 West 47th Avenue Ms. Ward appeared on behalf of her stepfather, Glen Shannon who has owned his property in Wheat Ridge for many years before the city was incorporated. Mr. Shannon's hobby is working on antique cars. She asked that several vehicles be allowed as long as they are screened from view and urged the Commission to consider grandfathering existing vehicles. In response to a question from Commissioner SNOW, Alan White stated there is presently no allowance in the code for the collection of antique vehicles. James Homberger 5509 West 26th Avenue Mr. Homberger owns five lots and collects older cars all of which are licensed and insured. None of his neighbors have ever complained. He suggested that these issues be addressed on a case by case basis and neighborhood complaints taken into account. Commissioner SNOW advised Mr. Homberger that the proposed ordinance would not affect him since his cars are operable. Janice Thompson 12290 West 42"d Avenue Mrs. Thompson expressed opposition to the ordinance and wanted to know the real reasons that led to drafting this ordinance. She owns several recreational vehicles. She suggested limiting the length of motor homes and allowing fences to screen vehicles. She also expressed concern that ordinances are becoming so restrictive that people can't enjoy their own homes. Mr. Homberger returned to the stand to express concern that many people cannot afford to pay storage for their recreational units. Planning Commission Page 5 November 7, 2002 (Chair WEISZ declared a brief recess at 9:45 p.m. The meeting was reconvened at 9:55 p.m.) Commissioner PLUMMER stated his opinion that as long as vehicles are not kept in the front yard, and they are screened, the number of vehicles shouldn't matter. Commissioner McMILLIN stated that there seems to be a front yard problem, maybe a side yard problem, but not a back yard problem. He would like to see a 30-foot setback all over Wheat Ridge, but that would cause a hardship for RV owners whose property is only 30 or 40 feet deep. If a 30-foot setback is established, there should be an amortization or grandfather clause because there is no provision for variances in these matters. Commissioner SNOW expressed concern that there are many properties in the city that are not configured to allow someone to park an RV in the back of the property. Commissioner McNAMEE commented that there are many homes in her neighborhood with extremely small back yards. It was moved by Commissioner McNAMEE and seconded by Commissioner COOPER that the Planning Commission forward the ordinance to City Council with no recommendation. Commissioner McNAMEE explained that there is too much involved and too little time to consider all the issues and, further, the City Council did not like the first recommendations sent by the Planning Commission. Commissioner MCMILLIN stated that he would vote against the motion because Planning Commission would be neglecting its responsibility by forwarding the ordinance to City Council with no recommendations. Commissioner McNAMEE withdrew her motion. It was moved by Commissioner SNOW and seconded by Commissioner McMILLIN that the hearing on this ordinance be continued with the following recommendations to staff to rewrite the ordinance to include the following: (1) horse trailers are totally exempt from the ordinance; (2) that, if at some future time, preferably under a separate ordinance, that some allowance be made for antique vehicles provided they are properly screened from neighbors; (3) that three recreational vehicles, rather than two, be allowed; (4) that another paragraph be added to address the problem of parking very high and very long recreational vehicles in the front setback area. Commissioner McMILLIN expressed concern that storing vehicles cannot be addressed through the variance procedures. Alan White explained that the Planning Commission could make a provision for the Board of Adjustment to hear cases concerning the parking of recreational vehicles. Planning Commission Page November 7, 2002 It was moved by Commissioner McMILLIN and seconded by Commissioner MCNAMEE to amend the motion to add a provision to the ordinance that the Board of Adjustment be empowered to grant variances to the parking regulations that are more lenient than the regulations contained in the ordinance. The motion passed 7-0. A vote was taken on the original motion as amended. The motion passed 7-0. 8. OLD BUSINESS Commissioner McMILLIN reported that he was unable to attend the Lakewood Planning Commission open house. However, he did learn that Lakewood's new COMPLAN has no land use changes planned on the northern border that would affect Wheat Ridge, but rather addresses procedural changes for their development review process. Commissioner SNOW asked if anything had been done concerning the removal of trees at 38`[' and Kipling. Commissioner PLUMMER asked why they were allowed to cut the trees down. Alan White stated that they were not allowed to cut the trees down and he has not had time to look into the situation any further. 9. NEW BUSINESS Commissioner McNAMEE stated she would like to amend the bylaws, under rule no. 6, as to when the Planning Commission chair and vice chair are to be elected and recommended that it be moved from November to March to coincide with appointments to the Commission. It was moved by Commissioner SNOW and seconded by Commissioner PLUMMER that we waive the rules regarding having a written rule change at the meeting at which we vote and, at the next meeting, we have in our packet a written rule change changing the time to elect a Planning Commission chairman to no later than the end of March. The motion carried. 10. COMMISSION REPORTS There were no Commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 12. ADJOURNMENT It was moved by Commissioner McNAMEE and seconded by Commissioner PLUMMER to adjourn the meeting at 10:45 p.m. The motion passed unanimously. T r Ann Lazzeri, Recordi ' S& cretary Planning Commission Page 7 November 7. 2002 Mike & Brenda Tjarks 5686 West 41' Avenue Wheat Ridge, Colorado 80212 (303) 431-8458 November 7, 2002 WA At ff _ City of Wheat Ridge 7500 West 29P Avenue Wheat Ridge, Colorado 80215 7"bu1edbYCkY aesger We- > '`y Other Re: Parking Vehicle Ordinance Dear Mayor Cerveny, My husband and I have lived in Wheat Ridge since 1989. We specifically chose Wheat Ridge because of its rural feeling, older homes, larger lot sizes and diversity. Our neighborhood consists of homes like ours (built in the 1930's), all the way to homes built just last year. We don't have sidewalks and some properties still have gravel driveways. All this, right in the heart of Wheat Ridge. The reason I am writing is to express our extreme opposition to the proposed ordinance to limit the number of recreational vehicles that one can park on our own property. I spoke with just four of my neighbors, whom new nothing about this ordinance and were shocked to find out that this was even being proposed. You see, we all have either a camper and a boat, an RV and horse trailer, etc., and we all park on our own properties. Our neighborhood still looks very nice. Nobody has junk and everything is well cared for.' If we had wanted to live in an area where all the houses are the same and there are strict covenants, we all would have moved to lEghlands Ranch. But we didn't. We chose Wheat Ridge because of the hometown feeling and the fact that we could live peacefully on our own properties. If there are concerns about recreational vehicles and trailers in newer developments in Wheat Ridge, those neighborhoods should police themselves with covenants. A Citywide ordinance is not the answer. We are also concerned that Code Enforcement Officers will be spending many hours enforcing this ordinance since Wheat Ridge does in fact consist of a lot of horse property and larger lots that can accommodate recreational vehicles. If this ordinance was originally drafted to help prevent people from stockpiling auto parts and junker cars, then that is how it should read. Mayor Cerveny City of Wheat Ridge Page 2 We agree that Wheat Ridge is a nice place to live and we definitely want it to stay that way, but this ordinance does nothing but create more political guidelines for people to follow. Please do not support this ordinance on our behalf. Sincerely, Mike & Brenda Tjarks ` V PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE PLANNING COMMISSION November 7, 2002 Case No. ZOA-02-04: An ordinance amending Section 26-621 of the Wheat Ridge Code of Laws pertaining to parking in residential areas. (Please print) Name Address In Favor/Opposed ~ c, ~ 7I to s AU C. DIQ- S6IfdLJ j~52d CJ ~lM t}V~~✓fs ~J^C~ T4P / er SI ~/tN p B L`4-12 fly S ~ ~CJ . ~ 2 -~--~--9- / UJ Os o tj~ q7 )o /n/ I /`~~P/2 it ~ ~ ~-~bod (~~~a5e l~ J ~Prvo SeC~/~ /,X-1 OF WHEAT City of Wheat Ridge F P~ Planning and Development Department Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director SUBJECT: Case No. ZOA 02-04, Parking in Residential Areas (Revisited) DATE: October 30, 2002 Council passed the ordinance concerning parking recreational vehicles with the limitation of one RV or one trailer allowed outside on a property. This ordinance was vetoed by the Mayor, but the veto was overridden by Council. Subsequent to the override, the matter was discussed during a study session on October 21". The following chart indicates the provisions of the ordinance Council decided to change. These changes have been incorporated into the attached ordinance. The ordinance remains unchanged except that either two Rv's or two trailers (or one RV and one trailer) may be stored on the property and clarifications have been made to the carport issue. A second definition of personal recreational vehicle is also added. The non-operative vehicle provision will be moved to Chapter 15 - Nuisances where other provisions of non-operative vehicles are located. The revised ordinance also clarifies that a parking/storage pad may consist of gravel. Please review subsection D. It is not clear if a landowner or visitor may request a permit to park on the street for up to 14 days. What if a landowner with an RV and a trailer had a visitor who wanted to park an RV on the driveway while visiting? Should the subsection be modified to allow this? This case has been advertised as a public hearing. A motion for a recommendation to Council is requested. C:\DOCu unu avd S.tdngs\alan\My Documents\WPFiles\ProjecMVoning amendmentstres parking rev pc memo.wpd 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 November 7, 2002, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 291h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: Case No. ZOA-02-06 (continued from October 3, 2002): Ordinances amending Section 26-204 of the Wheat Ridge Code of Laws pertaining to changes to the Table of Uses for the Commercial & Industrial Districts regarding tattoo parlors. Case No. ZOA-02-04: An ordinance amending Section 26-621 of the Wheat Ridge Code of Laws pertaining to parking in residential areas. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To Be Published: Wheat Ridge Transcript Date: October 31, 2002 j L-6 L) I S P A IZ IZ- I M I rJ a\J E S c A Page I of 5 SuGJ/s c>C-7 vv\(NtJi=i4PD CIS See. 36-162. Restrictions and performance standards. (a) Purpose. The city council finds that in areas set aside by this chapter for residential development certain performance standards are desirable in order to preserve neighborhood character, public health and safety, property values, and allow all residents a reasonable use and enjoyment of property. To this purpose, the city council finds that the use and possession of commercial and recreational vehicles are an important factor in the lives of a substantial number of residents of the city. The council finds that certain types and sizes of commercial and recreational vehicles, the improper storage of commercial and recreational vehicles, and the parking of and storage of excessive numbers of vehicles ran affect the neiahhorhnnd chnroctor --if . . . owners u-mut in wnicn me are located, The city council further finds that the establishment of these re9uraihons furthers the goals in the city's comprehensive plan relative to enhancement of residential neighborhoods and similar goals expressed in Vision St. Louis Park. The c' council establishes these regulations as a means to balance the interacts nf the ors .,f .(b) Definitions. For the purpose of subsections (c)(8), (c)(9) and (c)(10) of this section, the listed terms are defined as follows: Back yard means the area between a line created by extending the rear face of the principal building and the rear lot line. Front yard means the area between a line created by extending the front face of the principal building and the street in front of the house. Side yard means area between the front and back building walls and the side lot line (c) General Provisions, No structure or premises within any R district shall be used for one or more of the following uses unless its use complies with the following regulations: (1) All trash, garbage, waste materials, trash containers, and recycling containers shall be stored in a manner provided in this chapter. (2) The stopping, standing or parking of any motor vehicle, recreation vehicle, or commercial vehicle is subject to all restrictions in this subsection and under section 36-361 _ (3) All utility lines including electric, gas, water, sanitary sewer, telephone, and television cable shall be placed underground when used with all new structures or additions which expand the gross square footage of a structure by more than 50 percent unless used for service to single- family or two-family houses. In addition, any new service to an existing building other than a single- family or two-family dwelling shall be placed underground. (4) All access roads shall have a poured-in-place concrete curb measuring at least six inches above and below the grade in all developments except developments of single-family or two-family dwellings. (5) Interior pedestrian circulation and pedestrian linkage to any existing public trails or sidewalks shall be provided where practically possible for all developments except developments of single- family or two-family dwellings. (6) All single-family and two-family homes shall: a. Be built on a permanent foundation; Be connected to the city sanitary sewer and water; and If the home is a manufactured home, it shall 1. Have a permanent, completely enclosed foundation which complies with the http://fws. municode.corn/CGI-BIN/om_isapi.dll?advquery=parking&aquery=parking&hea... 11/2/2002 Page 2 of state manufactured home building code and which is constructed around the entire circumference of the structure. 2. Meet the standards and be certified by the U.S. Department of Housing and Urban Development. __'_(7) Accessory structures shall comply with all of the following regulations: a. No accessory building shall be erected or located within a yard other than the rear yard, except that a detached accessory building, designed and used as a garage, may be located within a side yard unless it abuts a street. No accessory building shall be located between the front building wall and the front lot line. b. No accessory building erected in the rear yard of a corner lot shall be located within 15 feet of any property line abutting a street except that in an R-2 or R-3 district an accessory building may be located within nine feet of a property line abutting a street on a lot of record which is at least 40 feet wide but less than 60 feet wide. c. All detached garages and other accessory structures shall be compatible in design and materials to the principal structure on the parcel. d. A detached garage located 60 feet or more from the front lot line shall meet the following locational provisions: -1. Garages where the building dimensions do not exceed 12 feet in height and/or 26 feet in width shall be located a minimum of two feet from any lot lines. 2. Garages where the building dimensions exceed 12 feet in height and/or 26 feet in width shall be located a minimum of two feet from a lot line abutting an alley and five feet from any other lot lines. e. The total ground floor area of all accessory buildings shall not exceed 25 percent of the area between the principal structure and rear lot line and in the R-1, R-2 or R-3 districts -------and it shall not exceed 800 square feet. Except in the R-3 district, the total ground floor area of all accessory buildings shall not exceed either 1,200 square feet or 25 percent of the area between the principal structure and rear lot line for a two-family dwelling unit. No single accessory building may exceed 800 square feet. f. The height of an accessory building measured from the lowest level on the ground within five feet of the foundation, in accordance with section 36-4, shall not exceed 15 feet, except parking ramps whose height is regulated by sections 36-166 and 36-167. g. No accessory building other than a garage shall be located within three feet of any lot line abutting lots in an R district, h. Accessory buildings located less than six fleet from a principal building on the same lot shall be considered part of the principal building for the purpose of applying provisions of this chapter- i. Where the natural grade of a lot at the building line of a house is eight feet or more -----above the established curb level, a private garage may be erected within any yard provided one-half or more of its height is below grade level and it is located a minimum of ten feet from any street line and five feet from any side lot line. --j. An accessory structure 120 square feet or less in area shall obtain a zoning permit prior to its installation and must be anchored in a manner approved by the city. (8) Except as provided in subsections (c)(9) and (c)(15) of this section, no motor vehicle, recreational vehicle, commercial vehicle, or trailer shall be permitted to stand or park in any R district which exceeds any of the following: a. Eight feet in height measured from the ground to the highest point on the vehicle at http://fws-municode-comfCGI-BIN/om isapi.dll?advquery=parking&aquety=parking&hea--- 11/2/2002 Page 3 of 5 recommended fire pressure. For the purpose of measuring height, all accessories, attachments, and materials carried upon a vehicle shall be considered part of the vehicle: b. Twenty-two feet in length, measured at the longest point of the vehicle or, if a trailer, the horizontal distance between the front and rear edges of the trailer bed. For the purpose of measuring length, all accessories, attachments, and materials carried upon a vehicle shall be considered part of the vehicle or trailer bed; or c. Six thousand five hundred pounds, empty weight including the box. __(9) One recreational vehicle which exceeds any of the limits set forth in subsection (c)(8) of this section and is owned by the occupant of the premises can be parked in the back yard area if: -a. The vehicle is parked no closer than five feet from any property line. b. If the property is a multifamily property , the vehicle must be stored on a concrete or bituminous surface and the parking space must be in excess of the minimum number of parking spaces required by this chapter. c. The vehicle shall be screened using a 90 percent opaque fence which is six feet high and plant materials which at maturity have the ability to screen 100 percent of the height and 100 percent of the length of the vehicle with a minimum of 50 percent opacity from view from: Any park. Any abutting residentially developed property. Any street which abuts the back yard. The fence and plant materials shall be located in such a manner that visibility is maintained as required in section 36-76. A six-foot-high gate may be placed in the -fence to allow for ingress and egress. Plant materials may be omitted at points of ingress and egress but the gap in landscaping may not exceed the width of the vehicle plus two feet. (10) The following provisions shall apply to the parking and storage of vehicles on residential parcels in the R-1, R-2 and R-3 districts: a. No more than three vehicles can be parked or stored outside an enclosed building at a single-family residence. For a duplex, six vehicles can be parked or stored outside. If there are more than three persons residing at a single-family dwelling who have valid state driver's licenses showing the residence address, then the total number of vehicles allowed to be parked outside is increased to a number equal to the number of licensed drivers residing at the property not to exceed five vehicles. The provisions of this subsection shall not apply during snow emergencies. b. No more than two nonpassenger vehicles can be parked on a residential lot outside of an enclosed building. Except as permitted in subsection (c)(9) of this section, vehicles shall be stored on a designated parking space- Nonpassenger vehicles cannot be parked or stored in a front yard or a side yard abutting a street except as allowed under subsection (c)(10)9. of this section. C. Only commercial vehicles which do not exceed any of the size requirements under subsection (c)(8) of this section and are designed exclusively for on-street use can be --parked on residential lots outside an enclosed building. Commercial vehicles shall be parked only within a garage or on a designated parking space and cannot be parked or stored in a front yard or a side yard abutting a street except as permitted under subsection (c)(1 0)g. of this section. d. Except as permitted in subsection (c)(9) of this section, all vehicles must be stored on a surface improved for driveway purposes with an approved paving surface. http://fws.municode.com/CGI-BIN/0m_isapi.dll?advquery=parkiniz&aaueiv=narkinLy&heaa 1?/?t2nm Page 4 of 5 e. No more than one recreational vehicle which exceeds the size requirements in subsection (c)(8) of this section can be parked on a residential lot outside an enclosed building, f No nonpassenger vehicle can be parked within five feet of an interior side lot line or rear lot line. g. No nonpassenger vehicle can be parked within the front yard or within a side yard abutting a street except where designated parking space is permitted under subsection 36-361(b)(3)1. Under no circumstances can a nonpassenger vehicle which exceeds the size limitations in subsection (c)(8) of this section be parked in a front yard. h. No nonpassenger vehicle can be parked on a residential lot if the vehicle is not owned or leased by the occupant of the premises where it is parked or is a commercial vehicle owned by the employer of an occupant who is using the vehicle for business purposes. Only one tow truck can be parked on a residential property. j. Parking is not permitted within a driveway in the R-1, R-2 or R-3 district within five feet of the curb of a public street. In the absence of a curb, parking shall not be permitted within five feet of the traveled public roadway, In no event can a vehicle be parked in such a manner as to block a public sidewalk. k. The total area in the front yard of a single-family lot improved for parking and ---------driveway purposes shall not exceed 30 percent of a front yard area. Additionally, the average width of a driveway shall not be more than 22 feet. This provision will not prohibit an average driveway width of up to 22 feet for all single-family lots. 1. Recreational vehicles six feet in height or less at their highest points may be parked in one nondriveway side yard on a residentially zoned lot provided that they are ten feet or more from the adjacent residence, do not extend beyond the front building wall of the house, and are screened from the street and from the adjacent neighbor with a 90 percent opaque fence with a height at least equal to the height of the highest point of the vehicle to be screened. A fence-height gate may be placed in the fence to allow for ingress and egress. (11) One vehicle with an attached snowplow can be parked outside of an enclosed building between November 1 or the first two-inch snowfall, whichever occurs first, and April 30. This vehicle will be considered to be a commercial vehicle when applying this chapter. (12) Snowplows and other commercial equipment must be stored within an enclosed structure when not attached to a vehicle. (13) Outdoor storage of fish houses is not permitted on a residential lot. (14) On-street parking of nonpassenger vehicles is not permitted within any R district. (15) The following are exempt from the provisions in this subsection: a. Any vehicle being used in conjunction with a temporary service benefiting the property- b. Vehicles used in conjunction with authorized construction sites between 7:00 a_m. and 10:00 p.m. Monday through Friday and between 9:00 a.m. and 10:00 p.m. on weekends and holidays. Vehicles used in conjunction with authorized public works construction. n. Recreational vehicles can be parked temporarily while being loaded or unloaded or during routine maintenance and servicing not exceeding 48 consecutive hours. http://fws. municode.com/CGI-BIN/om_isapi.dll?advquery=parking&aquery=parking&hea... 11/2/2002 fit. Louts Yark, Minnesota Page 1 of 1 ST. LOUIS PARK Official City Web Site Last updated Friday, November 01, 2002 This Week Recreation Resident Guide Our Town Government Business Guide Overv Histor Futurr Visior Land Clime Demc Schoc Neigh Parks Worst Local Resoi Home OUR TQt1( Reports & Forms Visuals Contact Us Jobs & Volunteering If You're Moving Our Web Site An Overview St. Louis Park is an established community of 10.8 square miles. In a little more than 115 years, its grown from a village of 45 families to a community of 44,126 residents. Residential areas comprise the largest portion of the community. St. Louis Park offers a full range of housing- starter homes valued at $120,000 to executive homes selling for more than $600,000. The average value of a home in St. Louis Park is $166,300. St. Louis Park's apartment buildings offer a range of rental options" affordable to upscale. Smaller buildings with three to 15 units comprise about half of the community's apartment buildings. Larger buildings with 16 to 100 or more units comprise the remainder of St. Louis Parks multi-family housing stock. Our community is home to retail stores, restaurants, medical facilities, family-owned businesses, corporations, and churches and synagogues. St. Louis Park has a sound economic base with commercial, industrial and apartment development comprising more than 60 percent of the tax base. Commercial uses comprise 13.8 percent of the community's land area. St. Louis Park has 51 parks to enjoy (11.5 percent of St Louis Park's land is set aside for parks). Bike tra0s link St. Louis Park to downtown Minneapolis, the Uptown area, Hopkins and Chaska. Residents of all ages can participate in year-round recreational and educational activities offered by the city and school district. One of St. Louis Park's strengths is our nationally recognized school system. Unlike many other suburbs, our children can attend school within our community from preschool through high school. St. Louis Park also has nine private schools serving a variety of interests. Our residents speak highly of the community. In a random opinion survey conducted in 2000, 95 percent reported that they would recommend St. Louis Park to other people, and 95 percent said they feel welcomed in the community. To learn more, click on Reports&Forms. hq://www.ci.saint-louis-park.rnn.us/Town/OurTown.html 11/2/2002 ChapterllocumentFrame Page I of 1 Sec. 55-585. Use and maintenance of off-street parking space. Off-street parking space shall be maintained in accordance with the following specifications: (1) Except as allowed by other provisions of this chapter including subsection (1)a., below, no ------truck exceeding six thousand 6,0( 00) Pounds empty weight no automobile trailer, bus or motorized recreation vehicle exceeding twenty-iw-~~fee mT~ngth, and no truck-tractor or semi-trailer shall be stored on any zone of in a residential istrict. a. The owner of a school, church or pre-school may apply for a temporary permit to park one (1) or more buses or vans on the property containing the subject use. Such vehicle must be used primarily to transport church members and/or school and pre-school children or students. The zoning administrator shall approve or deny applications for such permits on the basis of the following criteria: 1. The number of buses or vans involved is justified by the method of operation and the size of the church, school or preschool. 2. The proposed parking area is located away from abutting residential structures and will have a minimal impact on the character of surrounding residential properties. f T 3. If the parking area is located adjacent to residential structures, adequate =screening and landscaping will be installed to reduce or eliminate the visual impact of the bus on adjoining residents. At least fifteen (15) days prior to the consideration of such permit application, the dministrator shall cause the installation of a notification poster on each front line of the zone lot notifying adjoining residents of the application, and soliciting comments in regard to their concerns. In approving a permit the administrator may attach conditions for the protection of adjoining owners and residents. Approved permits shall expire after a two-year period and may be renewed upon a determination by the administrator that the parking of the bus or van has had no detrimental effect on adjoining residential properties. (Ord. No. 306-89, eff. 6-19-89) http://fws.municode.com/CGI-BIN/om isapi_dll?SEARCHOPTIONS=on&advauerv=recre 11/4/900? Chapterpocumentl7rame Page I of 1 e vj11-6-2: Parking/Storage Regulations for Residential Districts. A. It shall be unlawful for any person to store a vehicle designed and used for recreation purposes, including, but not limited to, one or more motor homes, boats, campers, trailers used for carrying boats, hobby or derelict vehicles or racing cars, motorcycles and other equipment or motor vehicles upon the public right-of-way. The vehicle may be parked in the right-of-way for no more than seventy-two (72) hours within any one week while being expeditiously loaded or unloaded. B. No person shall park the following described vehicles on public or private property in residential areas except while making normal deliveries or being used to perform the special operations for which it is designed: Any vehicle with an empty weight in excess of seven thousand (7,000) pounds (70 CWT.). 2. A road tractor, truck tractor or semi-trailer. ---3. A truck constructed or adapted for the purpose of transporting or delivery of bulk gasoline, petroleum products, or hazardous substances or materials. -4. A tow truck or automobile wrecker. °5_ A church bus or school bus not used for school or church purposes. C. No person shall park or store any vehicle on private property in violation of the following restrictions: ---I . No vehicle shall be parked in such a way as to block the sidewalk or any portion of the public sidewalk. 2. No vehicle shall be parked in front of the front setback of the principal structure unless located on a concrete, brick paver, asphalt surface, gravel or other similarly finished hardened or dust free surface. 3. In no case shall more than one commercial vehicle be parked or stored on property in any -residential zone district, whether in a private garage or carport, in an off-street parking space or in an open-space area, and the size of said commercial vehicle shall not exceed empty vehicle weight of seven thousand (7,000) pounds (70 CWT.). 4. Detached campers shall be stored in the area identified as the rear or side yard and shall be """stored on blocks or supports not more than six inches (6") in height, or on its loading jacks or apparatus at their lowest limits. All loading equipment shall be in good repair. -_5. No person shall occupy any vehicle in violation of the following: a. No motor vehicle or vehicles shall be occupied or used for living or housekeeping or sleeping purposes or for the housing and keeping of animals, except as provided in subsection b below; b. Upon the application of a resident of the City, a special permit may be issued by the City for a nonresident journeying in a recreational vehicle used for housekeeping ---.purposes and who is visiting at the residence of the applicant, to occupy the recreational vehicle at the applicant's residence for not more than seven (7) days. The special permit shall specify the location of the applicant's property or adjacent right-of-way in which the recreational vehicle will be parked while occupied. This shall not be deemed to permit the parking or storage of a detached camper, trailer or small trailer in any public street or right-of-way of any street designated as an arterial or collector street (Ord. 98-39; Ord. 00-7) http://fws.municode.com/CGI-BIN/om isani.dll?advauerv=recreational&aauerv=recreatio.." 11/4/2002 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 17-4-7. (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 9-4, 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. L 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 thdinance 9-1 August 13, toot t i 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. f) 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. 1. 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 trait 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: All parking 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. Parking 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. (1 I) 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 August 13, 2001 9-3 performed. In no event shall any vehicles, materials, tools or equipment be stored inside a garage or under a carport until the required driveway is completed. [Source: Ord. 1247, 20001 Section 11-7-3. Restrictions - Vehicles. The following restrictions shall apply in all residential zones of the City: (a) No vehicle with a manufacturers stated capacity of more than one (1) ton shall be stored or parked except while making normal deliveries. (b) No truck tractor or semi-trailer shall be stored or parked except while making normal deliveries. (c) No vehicle, motor vehicle, recreation vehicle, boat, or detached camper shall be parked or stored on the premises: (1) Within five (5) feet of the curb line of the street; (2) Obstructing the sidewalk or public right-of-way; or (3) In front of the front setback of the principal structure unless located on a hard surface as defined in Section 11-5-2(b)(67); excepting for occasional parking such as while washing vehicles, loading or unloading from parked vehicles, or performing home maintenance or improvements such as landscaping, painting, cleaning or construction. [Source: Ord. No. 908 1988 , (4) In such Winer as to create a fire or safety hazard. (A) The parking or storage of a detached camper without lowering the same to the lowest limit of its lacks or loading apparatus shall be deemed a safety hazard, provided also that any detached camper not equipped with jacks or loading apparatus shall be parked or stored on blocks or supports n more than six (6) inches in height. _ (B) Every oa , camper and vehicle except motor vehicle so stored or parked shall, except when securely attached to a motor vehicle, be securely blocked or restrained from moving, toppling, or falling. (5) In the rear or side yards unless access from the adjacent public street is by way of a hard-surface driveway, as defined in Section 11- 5-2(b)(67); excepting for vehicles moved only occasionally whose movement from the adjacent public street does not cause visible rutting of or damage to the yard area. [Source: Ord. No. 908, 19881 (d) No boat without trailer, detached camper, snowmobile, unlicensed motorcycle, motor car, all-terrain vehicle or other vehicle not licensed by the 0 7-2 REV: 09102 ChapterllocumentFrame Sec. 13-2. Model Traffic Code. Page 1 of 2 (a) Adopted. Pursuant to Title 31, Article 16, Parts 1 and 2, C.R.S., there is hereby adopted by reference Articles I and 11, inclusive, of the 1995 edition of the Model Traffic Code for Colorado Municipalities, promulgated and published as such by the Colorado Department of Transportation, Staff Traffic and Safety, Projects Branch. 4201 East Arkansas Avenue, Denver, Colorado 80222. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the city. The purpose of this article and the code adopted herein is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the state and the nation. Three (3) copies of the Model Traffic Code adopted herein are filed in the office of the city clerk and may be inspected during regular business hours. The 1995 edition of the Model Traffic Code is adopted as if set out at length, with amendments as set forth herein. (b) Amendments. The 1995 Model Traffic Code is subject to the following additions or modifications: __(1) Section 501, concerning the penalty for size and weight violations, is hereby amended to read as follows: --"501. Size and weight violations. "(1) Except as provided in this Part 5, it is a traffic infraction for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any street or highway within the city any vehicle or vehicles of a size or weight exceeding the limitations set forth in this Part 5. "(2) The provisions of subsection (1) of this section 501 shall not apply to fire apparatus, mobile machinery, self-propelled construction equipment, or to implements of husbandry temporarily moved upon a city-maintained street or to a vehicle operated under the terms of a special permit issued pursuant to section 510 of the Model Traffic Code." --.(2) Subsection 507(3), concerning wheel and axle loads of self-compactor vehicles, is hereby amended to read as follows: "(3) Vehicles equipped with a self-compactor and used solely for the transportation of trash are exempted from the provisions of paragraph (b) of subsection (2) of this section only when such vehicles are travelling on a state-maintained secondary state highway within city limits." -(3) Section 509, entitled "Vehicles weighed-Excess removed," is hereby amended by the addition of a new subsection (4), which subsection shall read as follows: "(4) In the event that a police officer or other city employee must take any action in shifting or removing any portion of an excess load, the driver and/or owner of such vehicle shall reimburse the city for the officer's or employee's efforts in removing or shifting such load at the rate of one hundred dollars ($100.00) per hour or a minimum of one hundred dollars ($100.00) for any efforts lasting less than one (1) hour." (4) Subsections (a) through (f) of Section 1101(2) of the Model Traffic Code, concerning speed limits, are hereby repealed and a new Subsection (a) is added to read as follows: "(a) Twenty-five (25) miles per hour on all streets within the City of Wheat Ridge boundaries unless otherwise posted." (5) Subsection (4) of Section 1101 of the Model Traffic Code, concerning speed limits, is hereby repealed and a new subsection (4) is added to read as follows: "(4) The speed limits specified in subsection (2) hereof shall be considered maximum lawful speed limits and not prima facie speed limits." _(6) Section 1203, concerning parking, is hereby amended by the addition of the following language: -"1203. Parking of major vehicles. http://f`ws.municode.comlCGI-BINIom isapi.dll?SEARCHOPTIONS=on&advquery=%22... 11/4/2002 ChapterpocumentFrame Page 2 of 2 "(1) It shall be unlawful for any person to park or store, or allow the parking or storing of, a major vehicle upon any dedicated public street or road, or private drive, street or road, or public right-of- way or easement or park within the City of Wheat Ridge, except as hereinafter specified. "(2) For the purposes of this section 1203, 'major vehicle' is defined as any vehicle: '(a) Eight (8) feet or more in width, and/or Twenty-five (25) feet or more in length, or ~ '(c) Regardless of size, a truck tractor or semi-frailer, or "(d) Any vehicle licensed in the State of Colorado, or required to be licensed by the Colorado Department of Motor Vehicles in Colorado, or, if not a Colorado vehicle, which would otherwise be required to be licensed by the Department of Motor Vehicles in Colorado under any of the categories COMM, GTM, Metro, apportioned, or farm. 2(3) Notwithstanding the foregoing provisions, the following exceptions apply to the provisions of this section 1203: "(a) Any major vehicle in immediate and active use, or in the process of actively being loaded or unloaded; "(b) Fire trucks, ambulances, emergency rescue vehicles, tow trucks, and other emergency vehicles in use; "(c) Passenger buses or vehicles owned or operated by regulated or governmental or quasi-governmental corporations or entities or agencies or public or private schools and/or churches; provided, that said buses or vehicles are parked on the property owned by the governmental or quasi-governmental corporation or entity or agency, or church or school; "(d) Motor homes or recreational vehicles if parked or stored upon the property of the owner, or if said vehicles are owned by one other than the property owner where parked, if said motor vehicles or recreational vehicles are stored or parked on said private property with the knowledge and consent of the property owner; provided that no more than two (2) such vehicles are stored on any such lot or parcel at any one (1) time, and said vehicle is parked six (6) feet or more inside the front property line; except that, for the purpose of allowing the loading or unloading of any motor home or recreational vehicle, such motor home or recreational vehicle may be lawfully parked on a public street directly in front of the property of the owner of the vehicle, or directly in front of the property of the person or persons being visited by the owner or operator of the vehicle, for a maximum period of seventy-two (72) hours, no more frequently than once in each two-week period; "(e) Passenger or other vans or pickup trucks bearing COMM, Metro, or farm license plates if the vehicle in question is used by the owner as a personal transportation vehicle when the same is not being utilized for business or commercial purposes; "(f) Any major vehicle parked in or upon property upon which a special use permit is granted authorizing the parking of commercial semitrailers and trailers pursuant to the zoning ordinance; "(g) Any equipment, implements, machinery, and/or large trucks, trailers and/or semi- tractor trailers authorized pursuant to the zoning ordinance; "(h) Any major vehicle parked or stored upon property wherein the use or storage of said major vehicle is related to the transportation needs of the business conducted on such property, No provision of section 1203 of this code shall apply upon state highways within this municipality. http://fws.municode.com/CCYI-BIN/om isapi.dll?SEARCHOPTIONS=on&advauerv=0/%22.. 11/4/2002 City of Denver Sec. 59-585. Use and maintenance of off-street parking space. Off-street parking space shall be maintained in accordance with the following specifications: (1) Except as allowed by other provisions of this chapter including subsection (lla. below no truck exceeding six thousand (6,000) pounds empty weight no automobile trailer. bus or motorized recreation vehicle exceeding twenty-two (22) feet in length, and no truck-tractor or semi-trailer shall be stored on any zone lot in a residential district. a. The owner of a school, church or pre-school may apply for a temporary permit to park one (1) or more buses or vans on the property containing the subject use. Such vehicle must be used primarily to transport church members and/or school and pre-school children or students. The zoning administrator shall approve or deny applications for such permits on the basis of the following criteria: 1. The number of buses or vans involved is justified by the method of operation and the size of the church, school or preschool. 2. The proposed parking area is located away from abutting residential structures and will have a minimal impact on the character of surrounding residential properties. 3. If the parking area is located adjacent to residential structures, adequate screening and landscaping will be installed to reduce or eliminate the visual impact of the bus on adjoining residents. At least fifteen (15) days prior to the consideration of such permit application, the administrator shall cause the installation of a notification poster on each front line of the zone lot notifying adjoining residents of the application, and soliciting comments in regard to their concerns. In approving a permit the administrator may attach conditions for the protection of adjoining owners and residents. Approved permits shall expire after a two-year period and may be renewed upon a determination by the administrator that the parking of the bus or van has had no detrimental effect on adjoining residential properties. (Ord_ No. 306-89, eff. 6-19-89) Sec. 36-162. Restrictions and performance standards. (a) Purpose. The city council finds that in areas set aside by this chapter for residential development certain performance standards are desirable in order to preserve neighborhood character, public health and safety, property values, and allow all residents a reasonable use and enjoyment of property. To this purpose, the city council finds that the use and possession of commercial and recreational vehicles are an important factor in the lives of a substantial number of residents of the city. The council finds that certain types and sizes of commercial and recreational vehicles, the improper storage of commercial and recreational 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. 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. The city council further finds that the establishment of these regulations furthers the goals in the city's comprehensive plan relative to enhancement of residential neighborhoods and similar goals expressed in Vision St. Louis Park. The city council establishes these regulations as a means to balance the interests of the owners of commercial and recreational vehicles, adjacent residents and the public. (b) Definitions. For the purpose of subsections (c)(8), (c)(9) and (c)(10) of this section, the listed terms are defined as follows: Back yard means the area between a line created by extending the rear face of the principal building and the rear lot line. Front yard means the area between a line created by extending the front face of the principal building and the street in front of the house. Side yard means area between the front and back building walls and the side lot line. -(c) General provisions. No structure or premises within any R district shall be used for one or more of the following uses unless its use complies with the following regulations: -(1) All trash, garbage, waste materials, trash containers, and recycling containers shall be stored in a manner provided in this chapter. -_..--(2) The stopping, standing or parking of any motor vehicle, recreation vehicle, or commercial vehicle is subject to all restrictions in this subsection and under section 36-361. (3) All utility lines including electric, gas, water, sanitary sewer, telephone, and television cable shall be placed underground when used with all new structures or additions which expand the gross square footage of a structure by more than 50 percent unless used for service to single-family or two-family houses. In addition, any new service to an existing building other than a single-family or two-family dwelling shall be placed underground. --(4) All access roads shall have a poured-in-place concrete curb measuring at least six inches above and below the grade in all developments except developments of single-family or two-family dwellings. (5) Interior pedestrian circulation and pedestrian linkage to any existing public trails or sidewalks shall -----be provided where practically possible for all developments except developments of single-family or two- family dwellings. `---(6) All single-family and two-family homes shall: Be built on a permanent foundation; Be connected to the city sanitary sewer and water; and If the home is a manufactured home, it shall: 1. Have a permanent, completely enclosed foundation which complies with the state manufactured home building code and which is constructed around the entire circumference of the structure. 2. Meet the standards and be certified by the U.S. Department of Housing and Urban Development -`-(7) Accessory structures shall comply with all of the following regulations: a. No accessory building shall be erected or located within a yard other than the rear yard, except that a detached accessory building, designed and used as a garage, may be located within a side yard unless it abuts a street. No accessory building shall be located between the front building wall and the front lot line. b. No accessory building erected in the rear yard of a corner lot shall be located within 15 feet of any property line abutting a street except that in an R-2 or R-3 district an accessory building may be located within nine feet of a property line abutting a street on a lot of record which is at least 40 feet wide but less than 60 feet wide. c. All detached garages and other accessory structures shall be compatible in design and materials to the principal structure on the parcel. __d. A detached garage located 60 feet or more from the front lot line shall meet the following locational provisions: .1. Garages where the building dimensions do not exceed 12 feet in height and/or 26 feet in width shall be located a minimum of two feet from any lot lines. 2. Garages where the building dimensions exceed 12 feet in height and/or 26 feet in width shall be located a minimum of two feet from a lot line abutting an alley and five feet from any other lot lines. e. The total ground floor area of all accessory buildings shall not exceed 25 percent of the area between the principal structure and rear lot line and in the R-1, R-2 or R-3 districts and it shall not exceed 800 square feet. Except in the R-3 district, the total ground floor area of all accessory buildings shall not exceed either 1,200 square feet or 25 percent of the area between the principal structure and rear lot line for a two-family dwelling unit. No single accessory building may exceed 800 square feet. f. The height of an accessory building measured from the lowest level on the ground within five feet of the foundation, in accordance with section 36-4, shall not exceed 15 feet, except parking ramps whose height is regulated by sections 36-166 and 36-167. - -g. No accessory building other than a garage shall be located within three feet of any lot line abutting lots in an R district. .-h. Accessory buildings located less than six feet from a principal building on the same lot shall be considered part of the principal building for the purpose of applying provisions of this chapter. i. Where the natural grade of a lot at the building line of a house is eight feet or more above the established curb level, a private garage may be erected within any yard provided one-half or more of its height is below grade level and it is located a minimum of ten feet from any street line and five feet from any side lot line. ---I- An accessory structure 120 square feet or less in area shall obtain a zoning permit prior to its installation and must be anchored in a manner approved by the city. (8) Except as provided in subsections (c)(9) and (c)(15) of this section, no motor vehicle, recreational "vehicle, commercial vehicle, or trailer shall be permitted to stand or park in any R district which exceeds any of the following: a. Eight feet in height, measured from the ground to the highest point on the vehicle at ` - recommended tire pressure. For the purpose of measuring height, all accessories, attachments, and materials carried upon a vehicle shall be considered part of the vehicle.- b. Twenty-two feet in length, measured at the longest point of the vehicle or, if a trailer, the horizontal distance between the front and rear edges of the trailer bed. For the purpose of measuring length, all accessories, attachments, and materials carried upon a vehicle shall be considered part of the vehicle or trailer bed; or '--c. Six thousand five hundred pounds, empty weight including the box. (9) One recreational vehicle which exceeds any of the limits set forth in subsection (c)(8) of this section and is owned by the occupant of the premises can be parked in the back yard area if., ` °a. The vehicle is parked no closer than five feet from any property line. b. If the property is a multifamily property, the vehicle must be stored on a concrete or bituminous surface and the parking space must be in excess of the minimum number of parking spaces required by this chapter. c. The vehicle shall be screened using a 90 percent opaque fence which is six feet high and plant materials which at maturity have the ability to screen 100 percent of the height and 100 percent of the length of the vehicle with a minimum of 50 percent opacity from view from: Any park. 2. Any abutting residentially developed property. - 3. Any street which abuts the back yard. The fence and plant materials shall be located in such a manner that visibility is _--maintained as required in section 36-76. A six-foot-high gate may be placed in the fence to allow for ingress and egress. Plant materials may be omitted at points of ingress and egress but the gap in landscaping may not exceed the width of the vehicle plus two feet. (10) The following provisions shall apply to the parking and storage of vehicles on residential parcels in the R-1, R-2 and R-3 districts: a. No more than three vehicles can be parked or stored outside an enclosed building at a single- family residence. For a duplex, six vehicles can be parked or stored outside. If there are more than three persons residing at a single-family dwelling who have valid state driver's licenses showing the residence address, then the total number of vehicles allowed to be parked outside is increased to a number equal to the number of licensed drivers residing at the property not to exceed five vehicles. The provisions of this subsection shall not apply during snow emergencies. b. No more than two nonpassenger vehicles can be parked on a residential lot outside of an _--enclosed -enclosed building. Except as permitted in subsection (c)(9) of this section, vehicles shall be stored on a designated parking space. Nonpassenger vehicles cannot be parked or stored in a front yard or a side yard abutting a street except as allowed under subsection (c)(1 0)g_ of this section. c. Only commercial vehicles which do not exceed any of the size requirements under subsection (c)(8) of this section and are designed exclusively for on-street use can be parked on residential dots outside an enclosed building. Commercial vehicles shall be parked only within a garage or on a designated parking space and cannot be parked or stored in a front yard or a side yard abutting a street except as permitted under subsection (c)(1 0)g_ of this section. d. Except as permitted in subsection (c)(9) of this section, all vehicles must be stored on a surface improved for driveway purposes with an approved paving surface. e. No more than one recreational vehicle which exceeds the size requirements in subsection (c) (8) of this section can be parked on a residential lot outside an enclosed building. f. No nonpassenger vehicle can be parked within five feet of an interior side lot line or rear lot line. g. No nonpassenger vehicle can be parked within the front yard or within a side yard abutting a street except where designated parking space is permitted under subsection 36-361 (b)(3)1. Under no circumstances can a nonpassenger vehicle which exceeds the size limitations in subsection (c) (8) of this section be parked in a front yard. h. No nonpassenger vehicle can be parked on a residential lot if the vehicle is not owned or leased by the occupant of the premises where it is parked or is a commercial vehicle owned by the employer of an occupant who is using the vehicle for business purposes. Only one tow truck can be parked on a residential property. j. Parking is not permitted within a driveway in the R-1, R-2 or R-3 district within five feet of the ----.curb of a public street. In the absence of a curb, parking shall not be permitted within five feet of the traveled public roadway, in no event can a vehicle be parked in such a manner as to block a public sidewalk. k. The total area in the front yard of a single-family lot improved for parking and driveway z~ -.-purposes shall not exceed 30 percent of a front yard area. Additionally, the average width of a driveway shall not be more than 22 feet. This provision will not prohibit an average driveway width of up to 22 feet for all single-family lots. 1. Recreational vehicles six feet in height or less at their highest points may be parked in one nondriveway side yard on a residentially zoned lot provided that they are ten feet or more from the -adjacent residence, do not extend beyond the front building wall of the house, and are screened from the street and from the adjacent neighbor with a 90 percent opaque fence with a height at least equal to the height of the highest point of the vehicle to be screened. A fence-height gate may be placed in the fence to allow for ingress and egress. (11) One vehicle with an attached snowplow can be parked outside of an enclosed building between November 1 or the first two-inch snowfall, whichever occurs first, and April 30. This vehicle will be considered to be a commercial vehicle when applying this chapter- --(12) Snowplows and other commercial equipment must be stored within an enclosed structure when not attached to a vehicle. (13) Outdoor storage of fish houses is not permitted on a residential lot. (14) On-street parking of nonpassenger vehicles is not permitted within any R district. (15) The following are exempt from the provisions in this subsection: -"--"-a. Any vehicle being used in conjunction with a temporary service benefiting the property, ab. Vehicles used in conjunction with authorized construction sites between 7:00 a.m. and 10:00 p_m. Monday through Friday and between 9:00 a.m. and 10:00 p.m. on weekends and holidays. "-c. Vehicles used in conjunction with authorized public works construction. ._-d. Recreational vehicles can be parked temporarily while being loaded or unloaded or during routine maintenance and servicing not exceeding 48 consecutive hours. (Code 1976, 14:5-4,14:5-4.1; Ord. No. 2202-01, § 2, 8-20-2001) 10/21/2002 11:29 6172701123 ALEERTSONS G PAGE 02 October 19, 2002 Wheatridge City Council Re: Proposed RV parking legislation To whom it may eonoen, My wife, Geri Vandaveer, and 1 have lived at 2979 Vivian Shear in wheatridge since 1991. In that time, we have only had two immediate neighbors that have either moved or passed away, On Vivian Street, and throughout Whestridge, long time residents have raised families, enjoyed careers, and now wish to travel, enjoy themselves, or as in my case, travel in an RV for business purposes. I currently park my 31 foot class A motor home at my neighbor's house. They also have a beautiful 31 fad class A motor home. If this law were to be upheld it would no longer be possible to do this. Although my neighbor has spent thousands of dollars in improvements in order to accommodate his and an additional motor home. Which was approved by the build lag department and was issued a permit, Homeowners and taxpayers own Motor Homes, Fifth wheels, Travel Trailers, Boats, Trailers, Antique cars, and many other forms of vehicles. Some are used for recreation, some for business, and for many other valid uses. If you were to drive around our city you would see thousands of these vehicles. Has anyone from the City Council bothered to check how many Recreational Vehicles are registered in Wbeatridge7 Has anyone from the City Council considered the inconvenience and expense it would be for the many owners of these legally parked vehicles to have to park them elsewhere? Not to mention the fact that the incidence of theft and vandalism would raise insurance rates. There are RV Manufacturets, A number of RV Dealers, and it Camping World located inside the city limits where hundreds of Recreational vehicles are parked. Will those remain legal while the residents who actually live here be penalized for their residency? What I find absolutely astounding is that out City council is either incognizant or flagrantly disregarding existing laws. Section 13.2 of the Model Traffic Code addresses this issue, and has for several years. It should be of grave concern to the voters when their elaoted officials are not familiar with the existing laws, and yet we are entrusting them to create new laws. There Is existing legislation addressing this issue which has served the citizens of Wheatridge for many years. It seems to me that the City Council should be spending more time doing their homework, and less time creating ways to inconvenience and annoy their constituents. Respectful ~ Fred L. Winsett ITEM 5. October 21, 2002 INTRODUCED BY COUNCIL MEMBER Council Bill No. 29-2002 Ordinance No. 176 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, hL . 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. Mhic}cr. 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 campitrg vc1rh (except campers mounted upon pickup trucks), boats, trzrifer-inatnited 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, f , mses 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 19' 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 7_ to i this gira day of September 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 GERALD DAHL, CITY ATTORNEY 1st Publication: August 29, 2002 2nd Publication: October. 17., 2002 Wheat Ridge Transcript Effective Date: October 14, 2002 C:\Docu nts and Setdngstaian\My Docmnents\WPFdes\Projects\wning amendtnentstres parking ord.wpd MAYOR GRETCHEN CERVENY 3425 Moore St. Wheat Ridge, Colorado voice: 303.233.1506 faa TO:. Wheat Ridge City Council FROM Mayor Gretchen DATE September 26, 03 378.8887 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 riehts. 80033-5533 0-" - F-11 To the city council subcommittee and mayor of Wheat Ridge As per the 14"' Oct meeting-iter.. 8 and 1 ov 21, item 5 of the study session, 0 a-H b e, On the 10, I presented a short general discussion on reasons why the mayor's veto should have been upheld. I will now present my personal objections as succinctly as possible with hopes of some modifications. A few of you know the history of our property. After a devastating flood, urban Drainage, Wheat Ridge, and Consolidated Water etc made repairs. Our property was; put simply, a pile of large rocks laid on a mound of mud. Several cottonwoods, pine trees, and some wild roses were planted with our approved but, it was a very long way from complete or livable, My wife and I have spent thousands of hours and dollars to return the area to the park-like landscaping that now exists. During that time and with full knowledge of Wheat Ridge, I had two RV's (licensed and approved). At the beginning of the "renewed" landscaping, we had two RV pads built to make the area better organized and compatible to the "park-like" landscaping; all with full knowledge of Wheat Ridge officials. (Actually one corner of one of the pads and a small part of the property are in Lakewood). It was with the advice of wheat Ridge officials that we made sure the RV's would be over 10 feet from the street, no visual hazards, no street reflections, no intrusive visual problems for the neighbors. Note that we could have legally and less costly parked them side-by-side but did not to avoid the "car-lot" appearance. In other words, we did not have the attitude of "the heck with the neighbors or Wheat Ridge"; we followed the rules and suggestions and, if you may note, much more to keep the area compatible to the neighborhood. Our life style may not match that of the "gated communities" but that is why we and many others choose to live in Wheat Ridge and "buy the property we did-even though it required a considerable investment in time and money and continue risks from floods. We did not choose to live with home-home-home-type covenants. We chose our area and worked to improve it. We made sure we were not intrusive to our neighbors and induced no hazards. We now have a sorry choice; I. Store our RV's, which are a essential part of our life, and in no way would we trust a "storage" area. (these are not "day campers"). The RV is part of our home. 2.Change our life style after working for 45 years to achieve it 3. Move. Since number I is not an option and number 2 is really a penalty imposed on us "After-the-fact" arbitrally by the council. I do not want to be forced into number 3 after raising 2 children and living in this home for the last quarter century. I am also disturbed that elected officials are dictating beyond health and hazard reasons. What will be the next ruling?? No trees over 30 feet?? No rocks over 2 tons?? (These are covenants in some gated communities). Wheat Ridge is a very pleasant town of which we were proud to be part of and contributor to; but, are we throwing out the baby with the bath water in trying to "clean up" the city to some arbitrary level ? Business requires that we will be absent from the area for the next four or five months but 1 urge you to modify the ordinance to grandfather the folks and us, who have not made the area either hazardous or unsightly.. Please consider us and modify the present ordinance to allow a minimum two licensed, operating, none-storage. living capacity RVs that are located on organized sites. Kenneth and Elaine king 2949 Vivian t. w a note: a large number of folks who have RVs are now out of town-gone south for the winter. It would be a prudent matter to be sure they have a method of information next spring. The ordinance will need distribution and explanation at that time. 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 38`h & 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 OF vVHEgT ti Po AGENDA ITEM REQUEST FOR COUNCIL ACTION September 23 , 2002 X PUBLIC HEARINGS _ ORDINANCES FOR 1ST READING _ BIDS/MOTIONS X ORDINANCES FOR 2ND READING -RESOLUTIONS Quasi-Judicial: X Yes No t1 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 15` 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. 1. Council Bill No. 29-2002 Planning and Development Department Memo Draft Planning Commission Minutes of 9/5/02 STAFF RECOMMENDATION: ORIGINATED BY: STAFF RESPONSIBLE: SUGGESTED MOTION: City Council BUDGET IMPACT: Original budgeted amount: $0 Actual contracted amount: $0 Impact of expenditure on line item: $0 Alan White, Planning and Development Director " 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, iicensable. 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 terix, shall also include vehicles used in tecteationaf puaauaw oua.aa an auvnaaavoaac~, .a..-w.. w............,.., Recreational vehicle, personal. Vehicles used in recreational pursuits designed for use by one or two persons, including such vehicles as snowmobiles, all-terrain vehicles, jet skis personal water craft, boats, and other similar motorized or non- motorized devices. vehicim. 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, detached trailers and recreational vehicles are prohibited from parking in public rights-of-way except that one utility trailer or one (1) recreational vehicle with or without an attached towed vehicle IIIOIQIILDLL l:GllltJllls vclul.iw ~~+A~lik1L i.cuurn.iJ auvuuwu ui..... 1.....x..1......-...,~, 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. This section does not apply to campers mounted upon pickup trucks. C. above, Except as noted In residential zone districts, detached traifers and recteatiot ,one{}}detached trailer, or one (1) recreational vehicle, or and one other trailer upon which may be mounted personal recreational vehicles 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, Iii roses 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 as long as it is within six (6) feet of a public street on private property 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 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 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 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 , 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 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: C.Oocmnents and Settings\a(an\My Documents\WPHIl \Projects\zoning amendmentsVes 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. Northglenn 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 17-4-7. (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 9-4, 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 00~X,tvy.property zoned (residential) R1A, RR and 1-R shall be prohibited from having more than ten - (14) vebizles parked outside on the property. a eryproperty 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: W__111 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. 0- 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. tlptanding 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. 40 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. 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. 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. "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: g<:apeas, dri veways, 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: Flot tnix asphalt paving; or rock. One recommended material is th'tee-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. 'iii4faot`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 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. VF 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 McNAMEE 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 frailer or one recreational vehicle wi4h 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 first 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 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. A vote was taken on the original motion which passed by a vote of 7-0 with Commissioner PLUMMER absent. 8. OLD BUSINESS Subdivision on north side of 32"d Avenue east of Kipline - 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. 9. NEW BUSINESS 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. 10. COMMISSION REPORTS There were no commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 12. 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. Ann Lazzeri, Recordin S retary Planning Commission Page 3 September 5, 2002 PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE PLANNING COMMISSION SEPTMBER 5, 2002 Case No. ZOA-02-04: An ordinance amending Section 26-621 of the Wheat Ridge Code of Laws pertaining to parking in residential areas. (Please print) Name Address In Favor/Opposed OF WHEAT City of Wheat Ridge P~\ Planning and Development Department U m Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director SUBJECT: Case No. ZOA 02-04, Parking in Residential Areas DATE: August 28, 2002 Attached is a revised ordinance addressing RV's and inoperable vehicle parking in residential areas. Changes have been made to address the Commission's concerns from the last hearing. Changes made by City Council at first reading are shown in bold. Changes proposed for the Commission's consideration are shown in bold italic. Attached is a memo summarizing the research of other jurisdiction regulations requested by the Commission. Since this ordinance change was referred to Planning Commission by City Council, under Section 26- 122 of the Zoning and Development Code, Planning Commission has 60 days from the date it was first referred (July 26 to provide a recommendation. Proper public notice was given for this public hearing. 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,-Fut 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. i R2 bwt 10 uv, $ Z Trw~\er5 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. Northglena► No regulation on the number of RV's or automobiles. Alloperable 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 17-4-7. (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 9-4, 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 _ W,iry;property zoned (residential) R1A, RR and 1-R shall be prohibited from having more than ten - (i ff)'uehicles parked outside on the property. r %ty,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: '4For 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. ;j = x 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. JOW,ili4stauding 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. Track 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. 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. '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. 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) haproved Surface Required: 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: :fig, Hot mix asphalt paving; or rock. One recommended material is t e 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.. - 09-ff hot 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 exemptionshall 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, torn, 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 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, f rensuble. 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 tCL In shall also include v ehicies used in r eci cath Y..........., J- o...o, ......w, ................a......... matotized or non-motoxized devices. Recreational vehicle, personal. Vehicles used in recreational pursuits designed for use by one or two persons, including such vehicles as snowmobiles, all-terrain vehicles, jet skis, boats, and other similar motorized or non-motorized devices. mflicles.. 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. J - B. In residential zone districts,/one (1) recreational vehicle motorized and - camping v ehief es (e- - up=-r- mounted t2lion pirkap , traflet--mounted , wrdw w (1) ad= towed vehicles such as, but not limited to, a utility trailers may be 6''r- twee. ~atiQ~.a..bL,l 01 b Ir IN) CL_ +VW A4- D. 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. This section does not apply to campers mounted upon pickup trucks. in residential zone district`s, 6etached trailers and recreation vehicles are prohibited from parking in ublic rights-of-way IvaWr, or one ) recrea ona vehicle$raa Baer upon whichuntedxeet personal recreational vehicles theq 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.// In residential zone districts, in eases 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 tonne or neutral color and shall be maintained U.0 [M 11-P C a-bNe,► 6- V GI 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 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 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 , 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 SIGNED by the Mayor on this 2002 day of 2002 GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: APPROVED AS TO FORM BY CITY ATTORNEY CADocuments and SettingsWan\My Documents\WPFile \Projects\wmng amendments\res parking ord.wpd 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 September 5, 2002, 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-02-04: An ordinance amending Section 26-621 of the Wheat Ridge Code of Laws pertaining to parking in residential areas. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To Be Published: Wheat Ridge Transcript Date: August 28, 2002 C. Case No. ZOA-02-05: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws to implement the Wadsworth Boulevard Corridor Plan. Alan White presented a condensed overview of the Wadsworth Boulevard Corridor Plan. He explained that adoption of the Plan as legislation would mean that any development along Wadsworth would be subject to the requirements of the Plan for public improvements or right- of-way dedication regardless of impacts associated with the development. The requirements can be imposed at zoning, subdivision, or building permit stages of development. Commissioner McMILLIN asked if the TCBY property is included in this plan. Alan White replied that relocation of the traffic signal to 415` Avenue would require acquisition of a portion of the TCBY property. The remainder of the TCBY property would then be utilized as an expansion of the Town Center Park. In response to a question from Chair WEISZ, Alan White stated that CDOT has approved the plan. However, there has been a change in personnel at CDOT and staff is working to reaffirm this approval. It was moved by Commissioner McNAMEE and seconded by Commissioner SNOW to recommend approval of Case No. ZOA-02-05, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws to implement the Wadsworth Boulevard Corridor Plan. The motion passed 8-0. 8. OLD BUSINESS PRAFT A. Case ZOA 02-04 - Commissioner SNOW asked if the ordinance regarding parking in 9. NEW BUSINESS There was no new business to come before the Commission. residential areas had indeed gone to City Council on first reading. Alan White stated that first reading had taken place on August 12 and that Planning Commission would see the ordinance again on September 5. L B. Applewood Shopping Center -Commissioner SNOW asked if city staff has contacted the owner of the Applewood Shopping center regarding signage and other matters discussed during the August 1 hearing. Alan White stated that Meredith Reckert met with Old Chicago representatives after the hearing to discuss noise, lights, and excess signage. Old Chicago may modify their request before the city council hearing. Alan White and Marilynn Force (City's Economic Development Director) will also arrange a meeting with owners of the center. 10. COMMISSION REPORTS There were no commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. Planning Commission Page 9 August 15, 2002 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 which it is being stored on. All vehicles whether junk, recreational or personal must be licensed and operable. Problems have arose for code enforcement from ODPs that regulate the storage of recreational vehicles. Code enforcement is called out to investigate and the RV is either at the location or gone. It has created considerable problems for code enforcement in terms of manpower and enforcing the regulation. 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. Page 1 of 2 Alan White From: Alan White [alanw@ci.wheatridge.co.us] Sent: Monday, August 12, 2002 3:29 PM To: David Schneider Subject: RE: ammendment David, After writing the change for non-operative vehicles, I thought that if we're going to limit the use of carports, etc. for non-operative vehicles, this should be a restriction for RV's also. I have suggested this change to subsection C. I also reworded F so it follows the same thought pattern as C. I would suggest that your motion to adopt the ordinance on first reading be made as follows: "I move to adopt Council Bill No. 29-2002 on first reading, ordered published, public hearing set for September 23, 2002 at 7:00 in the City Council Chambers, and if approved on second reading, take effect (you have a choice of 15 days after final publication OR immediately upon adoption), with the following amendments: 1. Add the following sentence to the end of Subsection C: 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. 2. Replace Subsection F in its entirety with the following new subsection: 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 non-operative vehicles." -----Original Message----- From: David Schneider [mailto:city-council@attbi.com] Sent: Friday, August 09, 2002 4:22 PM To: Alan White Cc: Randy Young; Dean Gokey; Jerry DTullio; Lena Rotola; Ralph Mancinelli; Vance Edwards Subject: ammendment Alan, Below is what we discussed earlier today at lunch. I thought our lunch was very productive and wanted to thank both you and Randy again for taking the time to have this meeting with Jerry and I. David Schneider 8/12/2002 Page 1 of 1 Alan White From: David Schneider [city-council@attbi.com] Sent: Friday, August 09, 2002 4:22 PM To: Alan White Cc: Randy Young; Dean Gokey; Jerry DiTullio; Lena Rotola; Ralph Mancinelli; Vance Edwards Subject: ammendment Alan, Below is what we discussed earlier today at lunch. I thought our lunch was very productive and wanted to thank both you and Randy again for taking the time to have this meeting with Jerry and I. David Schneider City Councilman, District III This is the amendment that at I sent to Jerry earlier today.Amendment to Sec. 26-621 Residential Parking - Subsection F In residential zone districts, the storage of vehicles in non-operative condition as defined in Section 15-4 of the Code of Laws is limited to one. Such vehicle shall be completely covered with standard car cover of a quality fabric, and not a tarp, piece of plastic, cloth or other material. The car cover shall be of a single earth tone or neutral color and be free of holes, rips, tears, etc. Tc 1n p 4mc 4 jT,S t azz>?O rtt _ 8/9/2002 OF WHEgl City of Wheat Ridge Pc Planning and Development Department Memorandum TO: Mayor and City Council Members FROM: Alan White, Planning and Development Director a w SUBJECT: Case No. ZOA 02-04, Parking in Residential Areas DATE: August 7, 2002 This proposed amendment to Chapter 26 of the Code of Laws requires Planning Commission review at a public hearing, with a recommendation forwarded to City Council. Planning Commission heard this item at a public hearing on August 1, 2002 and continued the hearing to an unspecified future date in order for staff to: 1. Rewrite portions of the ordinance (suggestions included defining two classes of RV's to distinguish between snowmobiles and motor homes, or some other measure of the amount of space RV's could occupy; defining what the front yard is; and clarify the language dealing with truck-mounted campers.) 2. Research how other cities deal with recreational vehicles and junk cars. Because the Commission continued the hearing to an unspecified date, public notice will need to be published again. The requirement is 7 days for a zoning code amendment, but the notice has to be to the newspaper the Monday prior to the Thursday that is 7 days before the hearing. It is too late to publish for August 15' and that agenda is full anyway. The next available Planning Commission hearing date is September 5`s. This will give staff sufficient time to research other cities' regulations and suggest changes to the proposed ordinance per the direction of Planning Commission. QU)ocnments and $etdngs%aIMXMy Documents\WPFdes\Prokcte\zoning a dment ves parking cc memo Istwpd Roberta Ribera 11250 West 32"d Avenue Ms. Ribera was sworn in by Chair WEISZ. She spoke in opposition to the application. She believed the large bright light on the south of Old Chicago was adequate advertising. She further stated that employees of Old Chicago empty bottles and other trash at closing time which is very disruptive to the neighborhood in early morning hours. She also mentioned the lack of trust caused by Walgreen's not living up to its promises. Commissioner COOPER asked for elaboration on the city's discussion with the shopping center regarding circulation and signage improvements. Mr. White stated that he has had no response from the owners for over a year. He stated that staff would contact the owners of the center to discuss concerns expressed this evening. He stated staff's concern about the impact of Old Chicago on the adjacent neighborhoods. He also shared the neighbor's concern about Walgreen's and stated that if the lighting is not changed, the city will not allow them to open. Chair WEISZ asked if there were others who wished to address this matter. Hearing no response, Chair WEISZ closed the public bearing. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS to deny Case No. WZ-02-10, a request for approval of an amendment to the Applewood Village Shopping Center PCD final development plan to allow erection of a fifty foot high freestanding sign south of the structure at 3250 Youngfield Street for the following reasons: 1. The proposed sign will be intrusive to the low density s i borhood to the northeast, to the south and to the west. 2. The proposed sign is inconsistent with the intent of the sign code. 3. Signage for individual businesses within the shopping center is better addressed with a comprehensive program rather than individual requests. 4. If approved, it would establish a precedent for other businesses to request fifty- foot signs. 5. There are several alternatives to this sign which would direct potential customers to the restaurant but which would be less intrusive to the neighborhood. Chair WEISZ stated she would vote to deny the application because she didn't believe the city was not prepared to begin approving a forest full of tall signs. The motion passed 6-0 with Commissioners McNAMEE and WITT absent. B. Case No. ZOA-02-04: An ordinance amending Section 26-621 of the Wheat Ridge Code of Laws pertaining to parking in residential areas. Before presentation of this case, Commissioner McMILLIN declared that he has written several freelance articles in recreational vehicle magazines over the past ten years and asked the Commission if this would be considered a conflict of interest since this case involves recreational vehicles. Chair WEISZ asked if this would affect Commissioner McMILLIN's August 1, 2002 vote. He replied it would not. Alan White also commented that this case concerns legislation and is not dealing with a specific piece of land. The case was presented by Alan White. He stated the proposed ordinance resulted from direction given to staff by City Council to address the parking of RV's in residential areas. Commissioner SNOW asked that the language concerning campers mounted on a truck be clarified to make it easier to understand. Commissioner PLUMMER suggested changing the requirement for RV's parked in a driveway from six feet to thirty feet back from the property line. Commissioner McMILLIN expressed concern about portions of the ordinance and pointed out that some properties don't have back yards, but only side yards. It also treats all mobile homes the same regardless of size. He said he would like to know what regulations have been instituted by other cities. He did not think it was reasonable to allow one trailer or one boat, or one jet ski, etc. Commissioners COLLINS and PLUMMER expressed concern about the abundance of junk cars parked on property in Wheat Ridge. Commissioner McMILLIN suggested that the language defining front yard should be clarified to make it easier to understand. Commissioner COOPER discussed the possibility of allowance for le restoring cars. There was discussion about establishing a ratio between size of lot and number of vehicles allowed. It was suggested to look at portable building regulations and if a certain size building would be allowed, a comparable recreational vehicle could be allowed. It was moved by Commissioner PLUMMER and seconded by Commissioner COLLINS to accept Section 1 of the ordinance as proposed; accept Section 26.621, paragraph B; accept Section C with a change from six feet to ten feet, and a change from ten feet to fourteen feet from the edge of the pavement; accept Section F. Commissioner McMILLIN stated that he had too many questions to vote for the motion. He preferred to have staff survey other cities to see what regulations they have in place. Commissioner.SNOW stated that she would not vote for the motion because she believed there would be tremendous opposition to a requirement to park RV's so far back from the front property line. Further, Section B needs grammatical correction and Section F goes too far. The motion failed by a vote of 2 to 4 with Commissioners SNOW, COOPER, McMILLIN and WEISZ voting no. August 1, 2002 rage It was moved by Commissioner SNOW and seconded by Commissioner McMILLIN to continue the hearing and request staff to rewrite portions of the ordinance and bring back information about how neighboring cities regulate recreational vehicles and junk cars. Commissioner COLLINS stated that he felt that Section F of the ordinance is very important relating to junk cars and should be left as proposed. He had no objection to continuing discussion of regulation of recreational vehicles. The motion passed 6-1 with Commissioner COLLINS voting no. 8. OLD BUSINESS Commissioner PLUMMER expressed his disappointment that the Commission missed an opportunity to improve the Ford dealership facility with nearly four acres of green area. It would have also opened up 38 h and Wadsworth for tax-generating commercial development 9. NEW BUSINESS Alan White announced that the American Planning Association conference is to be held in September. Commissioners interested in attending should notify Alan White. 10. COMMISSION REPORTS There were no commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS ' t There were no committee or department reports. 12. ADJOURNMENT It was moved by Commissioner PLUMMER and seconded by Commissioner COLLINS to adjourn the meeting at 9:30 p.m. The motion passed unanimously. Paula Weisz, Chair August 1, 2002 Ann Lazzeri, Recording Secretary Page 6 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 August 1, 2002, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29th 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-02-04: An ordinance amending Section 26-621 of the Wheat Ridge Code of Laws pertaining to parking in residential areas. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To Be Published: Wheat Ridge Transcript Date: July 25, 2002 OF WHEAT City of Wheat Ridge P~ Planning and Development Department U Memorandum TO: City Council FROM: Alan White, Planning and Development Director 9N L SUBJECT: RV Parking and Inoperative Vehicle Parking in Residential Areas DATE: July 26, 2002 Attached is a draft of the ordinance addressing recreational vehicle parking and inoperative vehicle parking in residential areas as requested by Council. The ordinance was drafted by Jerry Dahl and me. It is scheduled for review by Planning Commission on August I" INTRODUCED BY COUNCIL MEMBER Council Bill No. _ 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, licensable. 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. Rrnruftunuf Vehicle; noidirensuble. 'Veffiefe s Mrich are not required to be licensed by th e0torado motor vehicle E)i vision, stich as sn mil s. o mimbiles, af !-terrain v efficles and other similar 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 motorized and non-inotorize (except campers mounted upon pickup trucks), trailer-mounted bo , 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. 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, the storage of vehicles in non-operative condition as defined in Section 15-4 of the Code of Laws is prohibited in any front yard or side yard, whether or not such vehicle is covered by a tarp, car cover, cloth or other material. 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 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 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 , 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 SIGNED by the Mayor on this ATTEST: Wanda Sang, City Clerk 1st Publication: 2nd Publication: 2002 day of 2002 GRETCHEN CERVENY, MAYOR APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY Wheat Ridge Transcript Effective Date: OF WHEAT City of Wheat Ridge - - Planning and Development Department - Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director SUBJECT: Case No. ZOA 02-04, Recreational Vehicle Parking in Residential Areas DATE: July 25, 2002 Council directed staff to prepare an ordinance restricting the parking of recreational vehicles and inoperative vehicles in residential areas. No further direction was given as to the restrictions. There are three sections of the Code that address the issue: 1) Definitions, page 43;2) Section 26-621, Residential Parking, pages 187-188; and Section 15-4, Definitions in the Nuisances chapter. The applicable section of 15-4 is attached to this memo for reference. The proposed changes eliminate the definition of nonlicensable vehicle and restrict the number of recreational vehicles or detached trailers allowed to be parked outside on a residential lot to one. There is no limitation on the number allowed to be parked inside a garage. All other provisions relating to parking recreation vehicles or trailers remain the same. The 72-hour exception has been clarified so that a trailer or recreational vehicle cannot simply be moved 10 feet to continue parking it on the street. The storage of non-operative vehicles is currently not addressed in Chapter 26. In the proposed ordinance, storage has been limited to back yards, whether such vehicles are covered or not. No restriction is proposed for the number of such vehicles allowed. There are a few issues that arise with this ordinance. The ordinance treats a snowmobile the same as a motor home; a canoe the same as a power boat. From observations around the City, many residents have provided parking pads for an RV and a boat. With this ordinance, only one of these vehicles may be stored outside. This restriction may create an increase in building permit applications for garages, many of which might need variances for size, lot coverage and setbacks. This case has been advertised as a public hearing. NUISANCES ARTICLE I. GENERAL PROVISIONS Sec. 15.1. Purpose, scope and authority. It shall be the policy of the city to promote the health, safety, morals, convenience, order, pros- perity and welfare of the present and future inhabitants of the city and, therefore, the city council declares that every nuisance shall be unlawful, and shall be restrained, prevented, abated and enjoined. This chapter governs the prohibition and control of nuisances throughout the city. Authority to enforce the provisions of this chapter is vested in the city animal-park-code enforcement officers ("APCO officers"). Such offic- ers shall have the authority as peace officers set forth in section 2-33 of this Code. (Ord. No. 2001-1219, § 1, 5-21-01) Sec. 15-2. Voluntary compliance; discretion- ary authority of APCO officers. In furtherance of the city's policy of encourag- ing voluntary compliance, any person deemed or alleged to be in violation of or not in compliance with any of the provisions of this chapter shall, to the extent possible or practical, in the sole discre- tion of the APCO officer, be notified of such alleged violation or lack of compliance prior to the initiation either of abatement or enforcement proceedings, and shall be offered an opportunity to bring the property or use of the property into compliance. APCO officers are authorized to exer- cise discretion in investigation and enforcement of violations of this chapter in furtherance of this policy. (Ord. No. 2001-1219, § 1, 5-21-01) Sec. 15-3. Right of entry. (a) Right of entry generally. Whenever neces- sary to make an inspection to enforce this chapter, or whenever an APCO officer has reasonable cause to believe there exists in any building or upon any premises any condition which consti- tutes a nuisance, the APCO officer shall first present proper credentials and request entry. If entry is refused, the officer shall give the respon- sible party, or if the responsible party cannot be located after a reasonable effort, he shall leave at the building or premises, a written notice of § 15-4 intent to inspect not sooner than twenty-four (24) hours after the time specified in the notice. The notice shall state that the responsible party has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a municipal judgeof the city, or by a judge of any other court having jurisdiction. (b) Search warrants. The APCO officer may appear before the municipal judge and upon a showing of probable cause shall obtain a search warrant entitling him to enter-the building or upon the premises, using such reasonable force as may be necessary to gain entry The person ap- plying for such warrant shall not be required to demonstrate specific knowledge of the condition of the particular structure or premises at issue in order to obtain a search warrant, but must show some factual or practical circumstances that would cause an ordinary prudent person to act. Any municipal judge of the municipal court of the city shall have power to issue search warrants upon a showing of probable cause as provided in subsec- tions (b) and (c) of this section. (c) Emergencies. Whenever an emergency sit- uation exists in relation to the enforcement of any of the provisions of this chapter, anAPCO officer may enter into any building or upon any premises within the city, using such reasonable force as may be necessary. An emergency situation in- cludes any situation of imminent danger of loss of, or injury or damage to, life, limb, property or threat to public safety. It is unlawful for any owner or occupant of the building or premises to deny entry to any APCO officer or to resist rea- sonable force used by the officer acting pursuant to this subsection. (Ord. No. 2001-1219, § 1, 5-21-01) Sec. 15-4. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. The terms defined below shall be broadly interpreted to achieve the purposes intended. In the interpre- tation of the definitions of garbage, trash and junk set forth herein, it is the intent that these Supp. No. 27 965 § 15-4 WHEAT RIDGE CITY CODE definitions be liberally construed to include like matters, materials; objects or substances, whether or not the same be specifically identified. It is further the intent that the definitions not be considered mutually exclusive; and that in the interpretation, it be recognized that any sub- stance or material or object may constitute trash, garbage and junk at the same time. Liberal con- struction is deemed necessary by the city council in order to fulfill the public purpose of this chap- ter, which is to ensure that the city is maintained in a clean, healthy and attractive condition by eliminating all 'outside storage of garbage, trash and junk, and related matters, objects or materi- als as set forth herein. Abate shall mean to bring into compliance, halt, eliminate or remedy. Agent means and includes any person acting on behalf of or in place of a responsible party, includ- ing tenant, manager or lessee. Embankments of lakes, reservoirs and ponds means all land fifty (50) feet from the base of the bank, dam, dike, fill or natural barriers as defined in the official maps and plats maintained by the city engineer. Garbage means waste resulting from the han- dling, preparation, cooking and consumption of food or wild animal carcasses, and wastes from handling, storage and sale of produce. Junk means scrap brass, scrap copper, scrap iron, scrap lead, scrap tin, scrap zinc and all other scrap metals and alloys, bones, rags, used cloth, used rope, used rubber, used tinfoil, used bottles, old or used machinery of any type, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates (fabricated of any material), used pipe or pipe fittings, used conduit or conduit fittings, automobiles in nonoperative condition, used tires and. other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condi- tion. Lakes, reservoirs and ponds means places where water is collected and/or stored regardless of whether water is currently being collected and/or stored there or not. Litter means and includes any and every rub- bish, waste material; refuse, garbage, trash, de- bris, excrement, urine, offal composed of animal matter or vegetable matter or both, or any nox- ious or offensive matter whatever, including but not limited to, any discarded dead animal; fishing line, bait, chemical, chemical compound, petro- leum product or compound, automobile part or accessory, tire, wheel, junk, paper, cardboard, can, lid, bottle, cap, carton; wrapper, box, wooden object, plastic object, clothing, cloth, metal object, rubber object, leather object, hide, feathers, grass clippings, leaves, cut weeds, branches cut from trees or bushes, brick, cinderblock, building ma- terial, paint, concrete, soil, sand, gravel, stone, glass, asphalt, ashes, cigarette, cigar, food or food product, solvent, dye, beverage, and liquid except water. Nonoperative condition, when applied to a mo for vehicle, means that, in the reasonable opinion 1 of an APCO officer, the motor vehicle is either legally or mechanically incapable of operating. Indicia of such conditions include any one or more of, but are not restricted to: (1) No current license plates; (2) No current motor vehicle registration; (3) Flat tire or tires; (4) Missing body parts; (5) Missing engine, transmission, running gear or wheels; (6) Missing windows; (7) Missing or inoperable lights; (8) Engine will not start or run; (9) Transmission will not engage; (10) Otherwise not legally or mechanically ca- pable of running. Occupant means and includes any person who occupies the whole or a part of a building, pre- mises, or land, whether alone or with others, whether for residential or commercial purposes. "Occupant" means and includes the terms "tenant and 'lessee." Supp. No. 27 966 - INTRODUCED BY COUNCIL MEMBER Council Bill No. 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, lirensubte. 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. l ; v efricle s which ate not required to be ficensedby the 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 motorized mid rroir=otwize tamping vehicles (except campers mounted upon pickup trucks), boats, traffer-momited 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 the right-of-wavy does yn/P✓ not extend or re-start the 72 hour period. 'Als, AS~V'ICIIO 4~0~ X101 /0 0&Vft#"5 movk10 yoh pfck Mf bdD~' . 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 O(eet on to property owned by the vehicle owner, provided such vehicles are parked six or more inside the front property line. Such vehicles will be similarly permitte on 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 cur tter and/or sidewalk, or survey markers, such boundaries shall be presumed to be to (10 feet from the edge of pavement or back of curb. Where a sidewalk exists, such bou daries shall be presumed to be two (2) feet from the outside edge of sidewalk. \ ) D. In residential zone districts, Incases 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. 4ilcww) F. In residential zone districts, the storage of vehicles in non-operative conditio/f as defined in Section 15-4 of the Code of Laws is prohibited in any front yard or side yard, whether or not such vehicle is covered by a tarp, car cover, cloth or other material. 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 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of - to on this day of 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 , 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 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: Page 1 of 2 Alan White From: Gerald DiTullio Jerry _ditullio@msn.com] Sent: Sunday, July 07, 2002 7:06 PM To: alanw@ci.wheatridge.co.us; jhurst@ci.wheatridge.co.us Subject: Re: parking/storage in residentiallly zoned areas Jack and Alan Another FYI below... Thanks! David, Ralph and I worked on parking restricitons last term. Alan White and Jerry Dahl worked on the draft ordinance with us, but our lady friends started having a fit so everything came to a halt. I would make sure Dahl and White know what you are trying to accomplish since they will be writng the changes. Please call them tomorrow... Thanks! Jerry DiTullio JerryDiTullio@nun.eom 303-237-4806 >From: "David Schneider" >To: "Ralph Mancinelli" , "Jerry DiTullio" >Subject: parking/storage in residentiallly zoned areas >Date: Sun, 7 Jul 2002 11:49:31 -0600 >From what I understand, staff had previously looked at parking and/or storage issues on residentially zoned property. I would like to have a consensus for staff and the city attorney to bring back any previous recommendations and to further clarify and limit parking and/or storage for all vehicles in a nonoperative condition as described in section 15-4. I would further ask to clarify and limit parking and/or storage on all types of trailers on residentially zoned property. >This should also clarify the total number vehicles, trailers, etc., in general that should be allowed on a residentially zoned piece of property. >Sec. 15-4. Definitions >Nonoperative condition, when applied to a motor vehicle, means that, in the reasonable opinion of an 7/8/2002 Page 2 of 2 APCO officer, the motor vehicle is either legally or mechanically incapable of operating. Indicia of such conditions include any one or more of, but are not restricted to > (1) No current license plates; > (2) No current motor vehicle registration; > (3) Flat tire or tires; > (4) Missing body parts; > (5) Missing engine, transmission, running gear or wheels; > (6) Missing windows; > (7) Missing or inoperable lights; > (8) Engine will not start or run; > (9) Transmission will not engage; > (10) Otherwise not legally or mechanically capable of running. Send and receive Hotmail on your mobile device: Click Here 7/8/2002 Case No.: FOA0204_ Quarter Section Map N o.: App: Last Name: itywide Related Cases: r App: First N ame:~ Case Histor y: end code limiting the # Recreational Vehicles Owns r: Last Name: owed on r Owner: First Nam e: Rsi dent ially-zoned App Addre as: Review Body: PC - 8/1102 (cont.) City, State Z ip: App: Pho ne: APN: Owner Address: r 2nd Revie wBody: ]cc ?77 City/St ate/Zip: 2nd Review Date I Owner Phone: r - Decision-making Body i CC Project Address: ~ - Appro val/Denial Date: Street Name : ~ City/State, Zip: Reso/Ordinance No.: Case Disposition: Conditions of Approval: F Project Planner: hite File Lo cation: ctive Notes: Follow- Up: District: Date Rec eived: /1/2002... Pre-App Date: I