To: Board of County Commissioners
Through: Bryan Weimer, Director, Public Works & Development
Prepared By:
prepared
Jason Reynolds, Planning Division Manager, PWD
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presenter
Presenter: Jason Reynolds, Planning Division Manager, PWD
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Subject:
title
LDC24-008 Commercial Use of Public Ways Land Development Code Amendment
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Purpose and Request:
recommended action
This county-initiated project proposes amending the Land Development Code (LDC) to prohibit commercial uses in public ways. The proposed changes provide an enforcement mechanism to address on-street parking issues and commercial use of the right of way in Arapahoe County. Planning Commission voted 4-1 to recommend approval of the change on November 19, 2024.
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Background and Discussion: Several areas of Arapahoe County are experiencing problems related to the commercial use of public right of way: car repair activities, storage of unregistered vehicles, storage of oversized commercial vehicles and trailers, storage of materials related to commercial activities, and auto sales.
On October 22, 2024, the Board of County Commissioners approved Ordinance 2024-02, which addresses many of the parking issues. The adopted ordinance prohibits auto repair in the right of way, prohibits oversized commercial vehicles from residential areas, allows additional staff to issue parking citations, prohibits parking in bicycle lanes, provides rules for towing vehicles, and increases parking fines from $22 to $150. The parking ordinance becomes effective on January 1, 2025.
The ordinance allows issuing citations to vehicle owners but in some cases that may not be a deterrent. In some industrial areas, particularly on S Valentia Street north of E Iliff Ave, auto repair and sales businesses appear to be unloading, storing, and repairing inventory, including wrecked vehicles, on the public streets. While the individual vehicles can be ticketed and/or towed, the ordinance does not address the business itself. The proposed Land Development Code change supplements the parking ordinance by prohibiting the commercial use of right of way. The proposed amendment would:
• Prohibit businesses from storing equipment, commercial vehicles, and materials in the public right of way
• Prohibit off-loading of materials and vehicles in the public right of way unless authorized in advance by the county or by signage (loading zones)
• Allow businesses to use public right of way while rendering services or making deliveries
• Allow residents to park work trucks/commercial vehicles on public right of way, provided that the vehicle is not oversized
• Allow agricultural use of public ways
If a business is using the right of way for commercial purposes, such as storage of their wrecked vehicles, the proposed change would allow the county to prosecute the matter as a zoning violation in addition to any parking citations or removal of individual vehicles. Overall, the goal is to keep the public right of way available for residents, customers, and visitors rather than allowing it to serve as overflow materials/auto sales/repair storage.
Fiscal Impact: No direct fiscal impact.
Alternatives: The Board has the following alternatives:
1. Approve the amendment, with or without additional stipulations;
2. Deny the amendment; or
3. Continue the amendment for additional information.
Alignment with Strategic Plan:
☐Be fiscally sustainable
☐Provide essential and mandated service
☒Be community focused
Staff Recommendation: The proposed changes would allow an additional enforcement mechanism to address parking challenges in Arapahoe County. Staff recommends approval of the proposed changes.
Concurrence: These regulations were reviewed by the County Attorney’s office and Public Works and Development. They supplement an already-adopted parking ordinance, which becomes effective on January 1, 2025. Planning Commission held a public hearing regarding this proposal on November 19, 2024, and voted 4-1 to recommend approval, with Miller opposed. Miller had concerns about small businesses or contractors in rural areas being unable to park box trucks or tractor trailers in front of their homes. No members of the public commented on the proposed regulations.
Suggestion Motion(s): Attached.
Resolution: Attached.