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HomeMy WebLinkAboutZOA-07-027. PUBLIC HEARING A. Case No. WPA-07-01: A resolution adopting an amendment to the City of Wheat Ridge Comprehensive Plan to include areas outside the current city limits. The case was presented by Alan White. He entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. State statute requires municipalities to have a plan in place for areas under contemplation for annexation to be reviewed on an annual basis. The city is presently working with Coors for an annexation in the vicinity of the new interchange on Highway 58. In response to a question from Commissioner BRINKMAN, Mr. White explained that an amendment can be done at any time during the year if it becomes necessary. Mr. White stated that the City is presently working with the City of Golden to develop a land use intergovernmental agreement where both cities would recognize each other's growth areas. Commissioner McMILLIN pointed out several corrections that should be made to bring the document up to date. It was moved by Commissioner MATTHEWS and seconded by Commissioner STEWART to approve Resolution No. 02, Series of 2007, concerning adoption of an amendment to the Wheat Ridge Comprehensive Plan and forwarding said recommendation to the Wheat Ridge City Council. Commissioner McMILLIN offered a friendly amendment that the document be edited to include an update of the transportation chapter to reflect recent developments in the Cabela's package. This amendment was accepted by Commissioners by MATTHEWS and STEWART. The amended motion passed 8-0. 8. STUDY SESSION A. Residential Parking This study session item was presented by Alan White. Parking vehicles in the front yard on dead grass is one of the most common code complaints the city receives. The Planning and Development Code contains conflicting regulations concerning surfacing requirements for parking vehicles in residential zone districts. Although the regulations seem straightforward, they are difficult to implement. Planning Commission Minutes -2- Jane 7, 2007 Possible solutions to this problem were discussed by the Planning Commission. Discussion items included: • Requirements to over-improve parking surfaces with either gravel or concrete in the front yard would institutionalize front yard parking. Expense of such improvements could discourage homeowners from ever removing these surfaces. • Impervious surfaces such as asphalt or concrete would be preferable to gravel. Well compacted gravel sheds almost as much water as hard surfaces. • Allow nothing to be parked in the front of a house unless it is parked on a driveway. Extra vehicles can be parked in side or back yards. • There should be an intent to limit paved areas in front yards. • Existing situations would need to be grandfathered. • One size won't fit all. Should look at zoning and the percentage of front yard that can be paved and the percentage that should be landscaped. • Front yard parking of RV's should be discouraged by restricting areas that can be paved or graveled. • Environmental issues need to be considered in any solution. L- • Before making final decisions, existing conditions should be researched. 9. OTHER It was moved by Commissioner McMILLIN and seconded by Commissioner STEWART to cancel the July 5, 2007 Planning Commission meeting. The motion passed 8-0. • Commissioner STEWART advised that she would not be present at the June 21, 2007 Planning Commission meeting. • Alan White reminded Commissioners to attend the June 18`h study session with City Council. Planning Commission Minutes -3 - June 7, 2007 U o PLANNING COMMISSION LEGISLATIVE ITEM STAFF REPORT MEETING DATE: June 7, 2007 TITLE: CASE NO. RESIDENTIAL PARKING ❑ PUBLIC HEARING ❑ RESOLUTION Case Manager: Alan White Date of Preparation: May 30, 2007 ❑ CODE CHANGE ORDINANCE ® STUDY SESSION ITEM SUMMARY: Parking vehicles in the front yard on dead grass is one of the most common code complaints the city receives. The Planning and Development Code contains conflicting regulations concerning surfacing requirements for parking vehicles in residential zone districts. These conflicting regulations need to be rectified. BACKGROUND: Section 26-501 D states that for all uses other than single-family dwellings in agricultural zone districts, areas subject to wheeled traffic for access, parking, sales, or storage shall be properly graded for drainage and on-site detention of storm runoff. These areas shall be surfaced with concrete, asphalt, or brick pavers. For one- and two-family dwellings, the first 25 feet of driveway area from the existing edge of pavement into the site shall be surfaced with concrete, asphalt, brick pavers or similar materials. The auxiliary storage of motorized or non-motorized vehicles cannot occur within 6 feet of the front property line. The storage area must be hard surfaced and must be built so that the material used as to the parking surface stays contained within the parking pad (with the use of concrete curbs, railroad ties, etc.) Section 26-621 H states that 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 6 inches in depth, or similar materials. If gravel is used, the parking or storage area must be built so that the material used for surfacing stays contained within the storage or parking area with the use of concrete curbs, railroad ties, landscape timbers, or similar materials. There has been some difficulty with different departments interpreting the requirements in various ways. This stems from some vagueness in the Code, or simply from inadequacies in the Code. One section which is the subject of debate is Section 26-621 H: specifically the allowance of gravel in RV parking areas. This has been applied to all parking areas, even though Section 26-501 D does not list gravel as an allowed surfacing material. There have been instances when an interpretation was made which allowed someone to place one small concrete block or brick under each tire, thereby technically meeting the `parking on a hard surface' requirement. Related to parking are the landscape requirements. Section 26-502 D 1 b states that no less than 25% percent of the gross lot area and no less than 100% of the front yard (exclusive of driveway and sidewalk access to the home) shall be landscaped. STATEMENT OF THE ISSUES: Although the regulations seem straight forward, they are difficult to implement. Consider the following situations: 1. A person wants to install a parking pad for his RV. It is located next to his paved driveway and extends 30 feet back from the street. Can it be gravel or does it need to be asphalt, concrete, or brick pavers? 2. A person builds a garage to replace his carport. The driveway to the carport was gravel since 1952. Should he be required to pave the first 25 feet? What if all the other driveways on the block are gravel? 3. Impervious surfaces such as concrete add to stormwater runoff which is a major challenge for the City. Should alternative materials such as porous pavement, gravel, recycled concrete, or recycled asphalt be allowed? When is it appropriate to use pervious materials? In the past, the City was concerned with the use of pervious materials and the potential seepage of contaminants such as automobile oil into the groundwater. With porous pavement design, the potential contamination is addressed through subsurface design and construction. With the use of gravel or recycled asphalt, this contaminant seepage is usually not addressed. 4. A person has been issued a summons for parking his car in the front yard on the lawn. To come into compliance, he decides his entire front yard is a driveway and decides to pave it with asphalt. The landscaping requirement excludes driveways. Other than required street trees, there is not a minimum percentage of landscaping required for a front yard or a maximum percentage driveways and sidewalks can occupy. Should this be changed to limit the amount of paved area within the front yard? Should parking pads in the front yard be required to comply with a setback? ZONING AND DEVELOPMENT § 26-501 space is provided through other means as approved by the director of community develop- ment. The agreement shall be recorded with the Jefferson County Clerk and Recorder's Office and shall be enforced until all three (3) parties sign a release. 5. Parking of recreational vehicles, travel trailers and pickup-mounted campers. a. In all zone districts, the use of recreational vehicles; travel trailers and pickup-mounted campers for living quarters is prohibited except in approved RV parks. b. Parking of such vehicles in an approved RV park shall be limited to a maximum of thirty (30) days within the same RV park. D. Design standards. 1. Surfacing. For all uses other than single-family dwellings in agricultural zone districts, areas ~S subject to wheeled traffic for access, parking, sales or storage, shall be properly graded for drainage and on-site detention of storm runoff. These areas shall be surfaced with concrete, phalt or brick pavers. F(or one- or two-family dwellings, the first twenty-five (25) feet of driveway area from the existing edge of pavement into the site shall be surfaced with concrete, phalt, brick pavers or similar materials. The auxiliary storage of motorized or non-motorized vehicles cannot occur within six (6) feet of the front property line.The storage area must be hard surfaced and must be built so that the material used as to the parking s ace stays contained within the parking pad (with the use of concrete curbs, railroad ties, etc). For all uses, driveway connections with the public street must be paved between the property line and the existing edge of asphalt of the street. 2. Islands. All parking areas in excess of thirty (30) spaces shall have at least one (1) interior landscaped island per thirty (30) spaces. Each such landscaped island shall occupy the equivalent of one (1) parking space (minimum) and each such required island shall be landscaped with a minimum of one (1) two-inch caliper tree or larger and four (4) shrubs or accepted groundcover. At the discretion of the owner, and with approval of the director of community development, based upon the intent and purpose of this section, an acceptable alternative to individual islands would be the equivalent aggregate landscaped area developed in larger islands or as interior divider strips. Parking lot islands shall be irrigated with an automated sprinkler and have raised concrete curbs. No landscaping within landscaped islands may obstruct visibility for vehicles entering, maneuvering in, or exiting the parking lot. 3. Lighting. Any lighting used to illuminate any off-street parking area shall not have a negative impact on the surrounding area. The light source shall be indirect, diffused or shielded type fixtures, installed to reduce glare and the consequent interference with adjacent streets and adjoining residential properties. Fixtures shall be attached to a building or mounted on poles and shall be in accordance with the requirements of section 26-503. 4. Vehicular access. Vehicular access to any property shall be controlled in such a manner as to protect the traffic-carrying capacity of the street upon which the property abuts, as well as to protect the value of the adjacent property, a. For all uses other than one- and two-family dwellings, no vehicle entrances or exits may be closer than twenty-five (25) feet to any property line except when used for joint access for two (2) or more lots. Supp. No. 31 1799 ZONING AND DEVELOPMENT § 26-621 Sec. 26-621. Residential parking. A. In residential zone districts, the parking of trucks, vans, buses or licensed trailers which are used for commercial purposes, whether the commercial enterprise is conducted from the home or conducted elsewhere, is prohibited except as permitted by this section. An occupant of a dwelling may park, or allow the parking of, no more than one (1) truck or van which is used for commercial purposes upon the premises or confined to the street frontage of the lot in question; provided, however, that such vehicle does not exceed a one-ton chassis. Parking of trailers which are used for commercial purposes is prohibited on any public right-of-way. B. In residential zone districts, a maximum of two (2) of any the following vehicles may be parked outside upon property owned or rented by the vehicle owner, provided the vehicle owner resides on the property: Recreational vehicle • Trailer upon which are stored personal recreational vehicles Recreational vehicles or trailers are exempt from this two-vehicle limitation provided the vehicles or trailers are stored in the area between the side property line and the side wall of the structure and the back property line and the back wall of the structure, provided both of the following are met: • The vehicles or trailers are less than six (6) feet in height, and • The vehicles or trailers are not visible from the public right-of-way as a result of being stored behind a solid fence six (6) feet in height, a structure, or vegetation which completely screens the vehicle from view from the public right-of-way. In determining if a trailer is exempt or not exempt from the provisions of this subsection B, the height of the trailer will depend upon whether the trailer is loaded or not. A trailer that is exempt in an unloaded condition shall not be considered exempt in a loaded condition if the trailer plus load exceeds six (6) feet in height. C. Only one (1) such recreational vehicle or trailer may be stored in the area between the street and all walls of the structure facing the street. Such vehicles or trailers must be parked six (6) feet or more inside the front property line. For corner lots, the one (1) vehicle restriction shall apply to both areas between the street and the walls of the structure facing the street. Any vehicle or trailer lying partially between the street and the front walls of the structure shall be considered to be parked or stored in the front yard. 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 he 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 or trailers in excess of the maximum number permitted. D. Recreational vehicles or trailers stored in a side yard need not meet any setback requirements. Recreational vehicles or trailers exceeding six (6) feet in height stored in a back yard must meet the side and rear yard setback requirements for accessory structures for the zone district in which the recreational vehicle or trailer is stored. Recreational vehicles and trailers less than six (6) feet in height stored in a back yard do not need to meet rear and side yard setbacks. E. In residential zone districts, detached trailers and recreational vehicles are prohibited from parking in public rights-of-way; however one (1) recreational vehicle or one (1) trailer may be parked within public street rights-of-way for a period up to seventy-two (72) hours, provided they are attached to the towing vehicle. Moving the towing vehicle and/or the trailer to another location in the right-of-way does not extend or restart the seventy-two-hour period. Supp. No. 33 1835 § 26-621 WHEAT RIDGE CITY CODE F. In residential zone districts, where it is desired to maintain such a restricted vehicle either within six (6) feet of a public street on private property or within a lawful parking area on a public street abutting the front of the property in excess of seventy-two (72) hours, the property owner may obtain a temporary parking permit from the planning and development department. Such temporary parking permit shall be for a time period not to exceed fourteen (14) days and no more than one (1) such permit shall be issued each six (6) months for the same vehicle. The issuance of a temporary permit is for the purpose of parking only and not for any other activity. The permit must be placed upon the inside windshield or side window on the driver's side so as to be visible for inspection. G. Pickup truck-mounted campers, when mounted upon pickup trucks, are not subject to these parking restrictions except that such camper shall not be used for permanent or temporary living quarters. Nothing in this section will be construed to restrict or limit parking of any vehicle so described upon private property so long as said vehicle is parked in accordance with the limitations of this section and provided that sight distance triangle requirements of section 26-603 are met. H. Areas which are used to store or park allowed recreational vehicles or trailers shall be of an improved surface consisting of concrete, asphalt, brick pavers, gravel at least six (6) inches in depth, or similar materials. If gravel is used, the parking or storage area must be built to that the material used for surfacing stays contained with the storage or parking area with the use of concrete curbs, railroad ties, landscape timbers, or similar materials. I. The storage of recreational vehicles or trailers is permitted upon multi-family residential properties where the owner of the vehicle resides upon the premises, and where such vehicle or vehicles do not displace parking spaces required to meet the minimum vehicular parking requirement for the property as set forth herein for multifamily residential land uses. J. Any vehicle or trailer owner may apply for a variance to the restrictions contained in subsections B, C, and D in accordance with the procedures for requesting a minor variance as provided in subsection 26-115 C 1 of this Code, whether or not the requested variance is within the ten (10) percent limitation. Should objections be received from the adjacent property owners, the community development director shall schedule the request for a public hearing before the board of adjustment according to the noticing procedures contained in subsections 26-109 B, C and D. Requests for variances under this subsection J shall not be charged a fee if the request is filed by December 31, 2004. Any variance granted by either the community development. director or the board of adjustment shall be a grant of the variance to the property owner only. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1265, § 2,9-23-02; Ord. No. 1271, § 2, 12-10-02; Ord. No. 1288, 1, 2, 5-12-03; Ord. No. 1318, § 1, 3-22-04) Sec. 26-622. Parking for the principal purpose of sale. A. For purposes of this section, "vehicle" shall include motor vehicles, motor homes, travel trailers and mobile homes. B. No person shall park any vehicle for the principal purpose of selling such vehicle on a public roadway, on public property or any other property not zoned residential. C. Vehicles considered to be parked for the principal purpose of sale on any private driveway or private property may be reported by the owner or manager of such property to the community development department for issuance of an appropriate citation. Supp. No. 33 1836 Case No.: App: Last Name: App: First Name: Owner: Last Name: Owner: First Name: App Address: City, State Zip: App: Phone: Owner Address: City/State/Zip: Owner Phone: Project Address: Street Name: City/State, Zip: Case Disposition: OA0702 Quarter Section Map No.: Related Cases: zQF}-03-07. Citywide Case History: mend code regarding off-street parking requirements Review Body: PC APN: 2nd Review Body: 2nd Review Date: Decision-making Body: Approval/Denial Date: CC CC Reso/Ordinance No Conditions of Approval: Project Planner: hite District: I File Location: ctive Date Received: 16/112007 Notes: Pre-App Dater Follow-Up: GPkorP~agR I: