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HomeMy WebLinkAbout01/17/2008~~4I CI{Y Of Wheat~idge PLANNING COMMISSION AGENDA January 17, 2008 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on January 17, 2008, at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. Individuals with disabilities are encouraged toparticipate in allpublic meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at Zeast one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 5. APPROVAL OF MINUTES - December 6, 2007 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) PUBLIC HEARING A. Case No. ZOA-07-01: An ordinance amending Article VII of Chapter 26 concerning the regulation of billboards. 8. OTHER ITEMS 9. ADJOURNMENT i CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting December 6, 2007 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair SCEZNEY at 7:00 pm. in the City Council Chambers of the Municipal Building, 7500 West 29"' Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Jim Commission Members Absent: ' Cassie Spaniel Staff Members Present Travis Crane, Planner II Ann Lazzeri, Secretary 3. PLEDGE OFALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA It was moved by Commissioner MATTHEWS and seconded by Commissioner CHILVERS to approve the order of the agenda. The motion carried 7-0. 5. APPROVAL OF MINUTES - November 1, 2007 It was moved by-Commissioner MATTHEWS and seconded by Commissioner STEWART to approve the minutes of November 1, 2007. The motion carried 7-0 with Commissioner SPANIEL absent. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) There was no one to appear before the Cominission at this time. Planning Commission Minutes 1 December 6, 2007 PUBLIC HEARING A. Case No. MS-07-04: An application filed by Brian Johnson for approval of a two-lot minor subdivision plat with a lot width variance for property zoned Residential-Two and located at 3516 Jay Street. At staffls recommendation, it was moved by Commissioner BRINKIVIAN and seconded by Commissioner STEWART to continue Case No. MS-07-04 to January 17, 2008. The motion carried 7-0 with Commissioner SPANIEL absent. B. Case No. MS-07-05: An application filed by Patrick Hyland for approval of a three-lot minor subdivision plat for prqperty zoned Residential-Two and located at approximately 6330 West 30a' Avenue.: The case was presented by Travis Crane. He entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. He reviewed the staff report and digital presentation: Staff recommended approval for reasons outlined in the staff report. In response to a question from Commissioner REINHART, Mr. Crane stated that there are no driveway spacing requirements for this type of development. Commissioner BRINKMAN askedif any neighbot-hood meetings were held. Mr. Crane replied that there were no meetings. However, neighborhood meetings are not required in these types of cases. In response to a question from Commissioner STEWART, Mr. Crane stated that the ditch location should not affect aceess between lots 2 and 3. Commissioner BRINKMAN asked if Public Warks was concerned about the amount of hard surface going downhill with no curb and gutter and the possible effect on the neighbor across the street: Mr. Crane replied that Public Works did not pravide a comment on that matter. Patrick Hyland 2903 Reed Street Mr. Hyland, the applicant, addressed questions presented by the Commission. He stated that the two back lots would be serviced by new water and sewer lines which will be established within the private drive. He stated that the units will be marketed around $350,000 which will probably attract primary homeowners rather than rentals. In response to a question from Commissioner McMILLIN, Mr. Hyland stated that the third duplex could be built without affecting the ditch. His intention is to leave the ditch open. He would like to have a turn-around at the end of the street Planning Commission Minutes 2 December 6, 2007 which might require a solution such as a concrete boundary with a removable steel surface. He is still working with the ditch company. Rolf Dahl 2845 Newland Street Mr. Dahl spoke in opposition to construction of mare duplexes in the neighborhood. This part of town is saturated with duplexes and cutting lot sizes has the potential to deteriorate the style of life in the neighborhood. He stated that his quality of life has increased in the ten years he has lived on Newland Street. Linda Ingalls 6415 W. 29th Ms. Ingalls spoke in opposition to the construction of duplexes which would affect the charm and character of the neighborhood. She expressed concern about removal of mature trees noting that one hundred year old tree has already been removed. Estelle Kiefel 2935 Kendall Street Mrs. Kiefel appeared on behalf of her husband, Eugene Kiefel, to express opposition to the application. Slie submitted and read into the record a letter written by her husband. The letter expressed concern that the duplexes would increase the density of the property and substantially increase traffic in the neighborhood. The letter also stated that the ditch has to be located so water flows unobstructed to the northwest corner of the lot at 2935 Kendall to prevent flooding property at 6330 W. 30°i Avenue when the ditch water is turned on in the spring. She also expressed concern about the removal of mature trees. They irrigate their property with the ditch water and did not want to see anything happen that would affect tl Dan Rathe 6411 W. 29n' Avenue Mr. Rathe spoke in opposition to the application and expressed concern about traffic: The advertising brochure states that the duplex properties will have easy access from:29`h or 30th Avenues off a private drive which is across Mr. Rathe's property. He.also stated that the ditch got clogged up this summer and flooded his garage. Coinmissioner McMILLIN asked if there was any documentation showing an access drive to 29th Avenue. Mr. Crane explained that there is a private drive from 29"' Avenue that accesses four single family properties. There is another property directly north of those properties and west of the subj ect property that is also for sale and there is a marketing brochwe that says that property can be accessed from 29th or 30t". That cannot happen because it would exceed the maximum number of dwelling units accessed by a private drive and, further, they would be utilizing someone's private drive. Planning Commission Minutes 3 December 6, 2007 Patrick Hyland returned to podium. He stated that he also owns a portion of the water in the ditch and he will make sure the ditch isn't clogged or harassed. He did not know about the flooding that Mr. Rathe referred to. He stated that everything will be cleaned up well before the ditch is opened in the spring. He also plans to take precautions so that his properties will not sustain any flooding 8. from ditch water. Commissioner REINHART asked if there was a documented easement with a legal description far the ditch. Mr. Crane explained that there is not and that is the reason an easement is required on the plat. Commissioner McMILLIN stated that he did not easement compromises the legal right of the ditc There was no one else to address the public hearing. Commissioner McMILLIN stated that while lieve the lack of a recorded > be there::. Mr. Crane agreed. Chair SCEZNEY closed the ld sympathize with the neighbors who don't want to see the property developed, the property has been zoned R-2 for many years and the owner is well within his rights to develop it as such. He was not concerned about the ditch issue because ditches have some of the oldest property rights in Jefferson County. It was moved by Commissioner BRINKMAN and seconded by Commissioner REINHART to approve Case No. MS-07-05, a request for approval of a three-lot subdivision plat for property located at approximately 6330 West 30t" Avenue, for the following reasons: 1. All requirements of the Subdivision Regulations have been met. 2. All required utility easements are being provided. 3. Adequate infrastructure will be constructed with the development to serve the proposed use. With the following condition: 1. The lateral easement shown on Lot 3 shall be moved to encompass the actual location of the lateral. The motion carried 7-0 with Commissioner SPANIEL absent. OTHERITEMS Travis Crane informed the Commissioners that there are no agenda items for the December 201h meeting. It was moved by Commissioner Planning Commission Minutes 4 December 6, 2007 REINHART and seconded by Commissioner STEWART to cancel the December 20, 2007 meeting. The motion carried 7-0. Staff will be planning training during January and February. Training will include web conferences from the American Planning Association as well as a training session with the city attorney. Travis Crane presented copies of the Fruitdale Subarea plan to members of the Commission. Commissioner BRINKMAN asked if the city was offering information on "green construction" to developers. Mr. Crana stated that there is no printed information but different aspects of this type of construction are discussed with developers. This usually occurs with commercial construction. He agreed that this is something to pursue in the future and perhaps could be discussed during,the training sessions. • Commissioner McMILLIN stated that the coniractor who is placing solar panels on his house told him that he experienced difficulty with the city's permit process. He had to hire an eugineer to read the diagam showing how the panels would be situated and wired'into the house. He also said the city's fees are higherthan other jurisdictions. NIr. Crane stated that a survey revealed that the city's fees fall about in`the middle of those charged by surrounding municipalities. He stated he was unaware of the other situation but will look into it. Commissioner McMILLIN stated that he would provide documentation to Mr. Crane. 9. ADJOURNMENT It was moved by Commissioner REINHARTand seconded by Commissioner STEWART to adjourn the meeting at 7:55 p.m. Jerry Scezney, Chair Ann Lazzeri, Secretary Planning Commission Minutes 5 December 6, 2007 pF WHEAJ ~ PLANNING COMMISSION V m LEGISLATIVE ITEM STAFF REPORT ~OCORA~O MEETING DATE: January 17, 2008 TTTLE: AN ORDINANCE AMENDING ARTICLE VII OF CHAPTER 26 CONCERNING THE REGULATION OF BILLBOARDS CASE NO. ZoA-07-01 ~ PUBLIC HEARING ❑ RESOLUTION M CODE CHANGE ORDINANCE ❑ STUDY SESSION ITEM Case Manager: Travis Crane Date of Preparation: January 8, 2008 SUMMARY: The attached ordinance amends the billboard regulations of the City. The current regulations do not contain provisions which provide any guidance for the permitting of billboards. The proposed ordinance memorializes the lottery system that was utilized in December 2005 to award a billboard permit for a properry in the B-2 district. The ordinance also repeals the B-1 District since it is no longer needed. Notice for this public hearing was provided as required by the Code of Laws. BACKGROUND: The current billboazd regulations were adopted in 1991 and were not revised when Chapter 26 was updated in 2001. The regulafions establish two billboard districts -1) essen6ally adjacent to I-70 (called B-2) and 2) the remainder of the City (called B-1). The regulations required all billboards in the B-1 District to be removed by 1996. These have all been removed and this district is no longer needed. A revised billboard district map has been attached as Exhibit 1. The regulations of the B-2 District set the maacimum number of billboards in the district at 16. Height, setback, spacing, and maximum size standards are a(so established. Other than setting the ma.xiinum number of 16 for the number of billboards, there is no guidance in the Code as to who "owns" the right to the billboard, when that right expires, who can apply for a billboard permit, and how pernuts are to be issued if there are competing interests for one billboard. A proposed ordinance change regarding billboazds was presented to Planning Commission and City Council in mid-2007. The proposed ordinance essentially tied all existing billboazds to their current loca6ons. If a billboard were ever removed, it could not be reconstructed. This ordinance ZOA-07-O1Billboards was not approved by City Council. Rather, Council directed staff to conduct a public stakeholders meeting to discuss alternatives to the billboard ordinance. This meeting was held on October 29, 2007. A synopsis of this meeting has been attached as Eachibit 2. The attached ordinance has integrated many of the comments generated at the public stakeholders meeting. A City Council study session was held in December 2007 to discuss the outcome of the stakeholders meeting, and to ask for direction regazding the proposed ordinance. The City Council study session produced several points of direction for staff. First, staff was directed to create an ordinance which would a11ow all properry owners in the B-2 district an even chance of erecting a billboard if a vacancy arose. Second, creatti•a definition of and prohibition for_ animated billboards. Third, create definitions for abandoned billkioards. Lastly, create a fee structure for billboazd permits, inspections and annual renewals. STATEMENT OF THE ISSUES: Billboard companies typically enter into ground leases with a property owner and pay the owner rent for the right to have their billboazd on that property. Leases aze typically for 10 years. The billboard locations have remained relatively static over the years. In December 2005, a billboazd vacancy was created. Staff examined the Code, and discovered that the guiding regulations were silent for instances when a billboard was removed. Specifically, who was entitled to erect the 16`h billboard to fill the vacancy? The properry owner? The structure owner? Each interested party had a different opinion. The billboazd company claimed they owned the permit for the billboard and could move it anywhere in the B-2 District. Another billboard company said the right to the billboard expired with the lease, and thus the permit was available to any company. The landowner claimed the billboard location should be vested with the properry. With the assistance of the City Attomey, staff created a process and policies for dealing with this situation. The process which was created was a lottery system where an applicant may submit all required documentation for a permit to fill the billboard vacancy. Guidelines for submittal were established, and the policy was communicated to interested parties. The December 2005 process essentially tied the right to the billboazd to the ground lease. When the lease expired, so did the right to the billboard. That 16th billboazd then became available for any company or land owner to pursue on a first come, first served basis. In cases where permit applications are filed at the same time for that 16fll billboard, a lottery is held to determine who receives the right to the billboard. The process is a bit cumbersome and time consuming. Multiple applications were submitted for inclusion in the lottery. This experience with this process resulted in a lawsuit by a billboazd company in December 2005. The Court of Appeals has ruled that the lottery process was acceptable; however, the lottery should only contain one application per property. The City is awaiting direction from the Courts regazding a solution, which may entail another lottery. The attached ordinance implements City Council's recommended approach, the codification of the lottery system (Exhibit 3, Proposed Ordinance). This alternative keeps the number of billboazds in ZOA-07-O1Billboards i the B-2 district at 16, and allows fair competition for installation of a billboard in the event of a ~ vacancy. The proposed ordinance specifies when a billboard vacancy has been established, and provides an application window for anyone in the B-2 district to apply for the right to install a billboard. A lottery system occurs if multiple applications aze submitted for the billboard vacancy. UNANSWERED QUESTIONS The proposed ordinance proposes a new annual renewal fee which must be paid at the first of the year. Staff does not have a recommendation of the amount of this renewal fee. In our research, only one city responded that an annual inspection fee is charged for billboards. The City of Denver does charge a fee of up to $100 for a billboard permit, depending on the size of the advertising copy. In addition, Staff feels that language should be added to the ordinance which discusses the fee or reimbursement for the notification. Typically, certified notices are sent for all public hearing items by city Staff. The fee schedule for land use cases contains a line item for publication fees. Staff feels that the notification of all B-2 property owners in preparation of the lottery should also be paid by the applicant. It would make sense to have the winner of the lottery reimburse the City for all mailing costs associated with the notification. RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance amending Article VII of Chapter 26 concerning the regulation of billboazds." Exhibits: 1. Billboard District map 2. Public Meeting Synopsis 3. Proposed Ordinance ZOA-07-O l /B illboards Billboard Work Session - 29 October 2007 This meeting was held to gain input from all stakeholders and start a discussion relating to proposed changes to Section 26-71 l, the section of the zoning code which regulates billboards. Approximately 350 invitations were sent out to notify the stakeholders of the work session. All property owners in the B-2 district were invited, as well as interested advertising company representatives. Approximately 25 people attended the work session. The meeting was held in the City Council chambers at City Hall. The following is a list of questions and comments as recorded the night of the work session. • The property owner should `own' the permit. • Would be in favor of the proposed legislation, with a few changes. Once a billboard has been removed, the Department should accept applications. The new ordinance should memorialize the lottery process. • Research with other jurisdictions - who `owns' the permit? • Question - Does proposed ordinance only allow one billboard per property? • Would be in favor of keeping the proposed legislation. If a billboard is removed, accept permit after a`waiting period' (90 days?). Give public notice of the available permit via posting signs, ad in paper. Review the permits in order of acceptance - if a permit does not meet Code or contain all submittal requirements, review the next permit. • Question - Do all current billboazds meet the CDOT and City of Wheat Ridge standards under which they were approved? • Should increase the maximum number of billboards allowed to the maximum number that was allowed prior to 1996. • A percentage of the permit fee should go into a public art fund to help offset the visual impact of the billboard. • Increase the timeframe for demolition/reconstruction of a billboard for site improvement purposes. EXHIBIT 2 • Question - Can a property owner construct a structure and advertise independent of an advertising company? • Would be in favor of keeping the existing 16 locations. • Staff question to audience - at what point is a billboard removed? • The City should notify all property owners in the B-2 district when a billboard permit becomes available. EXHIBIT 2 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2008 TITLE: AN ORDINANCE AMENDING CODE OF LAWS SECTION 26-711, CONCERNiNG BILLBOARDS IN THE B-2 BILLBOARD DISTRICT AND REPEALING SECTION 26- 711.13 WHEREAS, the City of Wheat Ridge, acting through its City Council, has authority pursuant to Article XX, Section 6 of the Colorado Constitution and, inter alia, C.R.S. 31-23-101 et M. and 29-20-101 et M. to regulate the use of land and sriuctures thereon; and WHEREAS, pursuant to this authority, the City Council has previously enacted Section 26-711 of the Code of Laws, concerning billboard signs in the B-2 District; and WHEREAS, said Section 26-71 .C currently permits a maximum of sixteen (16) billboards in the B-2 District; and WHEREAS, at the tiine of adoption of this Ordinance, the maximum sixteen billboards are in place in the B-2 District; and WHEREAS, the sixteen-billboard limitation has been difficult to administer in practice, owiug to the difficulty in determining wheu individual billboard leases cease or are terminated; and WHEREAS, the City Council has determined that in order to eliminate these administrative difficulties, Section 26-711 should be amended to provide regulations which clarify when a new billboard is permitted in the B-2 District; and WHEREAS, the City Council has determined that animated billboards distract motorists and can cause a significant traffic hazard; and WHEREAS, the City Council has determined that an amended fee schedule is necessary to offset City Staff review and preparatory time in processing applications for billboard permits , and that the collected fees could be used to combat the blight created by large advertising structures; and WHEREAS the City Council finds that Code Section 26-711.13, concerning billboards in the B-1 District is no longer necessary as all billboards in the B-1 District were removed prior to January 1, 1996. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: EXHIBIT 3 Section 1. Section 26-702 of the Wheat Ridge Code of Laws is amended to include the following definitions: Billboard removal. When a billboard is not capable of displaying advertising. A billboard is considered removed when the supporting pole or structure is not present. Commercial electronic variable message signs (CEVMS). An advertising device which changes its advertising message by electronic or digital process or by remote control, or which uses rotating slats, moving or reflective disks, light emitting diodes (LEDS), glow cubes, or other means of changeable illumination. A sign which utilizes a message which must be incrementally updated to reflect a change in status, such as an updating monetary total on a lottery billboard, shall not be considered a commercial electronic variable message sign. Changeable copy messages which update the entire message on a pre- determined tiineframe shall constitute a CEVMS. Temporary billboard removal. When either the advertising copy area or support pole or structure of a billboard, or both, are removed from a property for a period not to exceed 180 calendar days. If the temporary removal is for a period which exceeds 180 calendar days, the billboard structure shall be deemed abandoned, as described in subsection B. Temporary removal shall not apply to routine maintenance such as painting or message replacement. These activities may occur without notification or need to secure a building permit. Section 2. Code of Laws Section 711 is amended to read: A. General provisions. 1. For the purpose of this subsection A, a portion of the city is designated as the B-2 billboard district, a'''a°a '^t^ t'°^ (`b'~lb^^'a a'°'^^'° R' and B-~ as shown on the official billboard zoning map of the city and incorporated herein as seen below. Billboards are only allowed within the B-2 billboard district. Properties within the B-2 district must be zoned NC, R-C, C-1, C-2, I, PCD or PID and must comply with the applicable city, state and federal restrictions to be eligible as a site upon which a billboard may be permitted. 2. zzinh 4-RIPAIVOS _ _ n .,,a ,ho ,;ava w., th:s se66E)fi. provided, aAny application far a billboard proposed to be located, relocated or rebuilt within six hundred sixty (660) feet of the right-of-way line of any state or federal highway shall be accompanied by written approval by the state or federal agency of jurisdiction. 3. a,..w..,.,.,. ..w.., a~xcrri wov .-o,.,,:_„a c"- ~n---.,,.:...,i ~.n.-,.+,., e +t,o -,,,.,:.,,._a:r~ w~'o¢~c~-ro •`.y_--"' ° r°'r--'"------- -:-<.,,a _.-_fiet wheFe Maximum number allowed is sixteen (16). 4. Roof billboards are not allowed. 5. All new billboards shall be of the monopole type, unless prohibited by soil conditions as certified by a professional engineer. Billboards may be ( either a`v-style' orientarion which contains advertising on each visible face or a single advertising copy structure with back-to-back advertising copy areas. 6. Existing billboards are to be maintained in a neat and safe condition. The property located within a 50 foot radius of the support structure of any billboard shall be well maintained and kept free of weeds, trash and debris. The maintenance area shall only extend to the property on which the billboard is located. prai,ided, aNo existing billboard may be rebuilt or replaced except in conformance with these regulations; and provided, that when, in the opinion of the building inspector, the safety of an existing billboard is questionable, the billboard owner shall either remove the billboard within thirty (30) days of notification or shall fixrnish a certificate from a Colorado-registered professional engineer with a specialization in civil, structural or mechanical engineering to its safety. 7. Maximum size of the advertising copy area shall not exceed seven hundred fifty (750) square feet per side. 8. Setbacks shall be as required as follows: a billboard must be located at least fifty (50) feet from any right-of-way; the setback from all other property lines shall be equal to the overall structure height. Setbacks shall be measured from the closest point of the billboard structure perpendicular to the nearest property line. 9. Maximum height of the billboard structure shall be thirty (32) feet. 10. No new billboard may be located closer than six hundred (600) feet (measured from the closest point to each structure) to any other billboard facing in the same direction on the same roadway as defined by roadway name or number. 11. Non-conforming billboards are subject to the provisions of section 26- 707. 12. Any lighting which illuminates a billboard shall be fully shielded, downcast, and shall not interfere with any driver's vision on adjacent roadways. 13. Commercial electronic variable message signs (CEVMS) or any other type of animated billboard signs which use either actual or implied motion, are prohibited. B. n t n:..«..:..+ n., ,..,a ..r+o.- T.,.,.,,.r. i 1996, w;ttb,..,,-a.. „ o ,-,.t,;x.;.oa .t,o 44 1 4444o# Abandoned billboards. 1. A billboard shall be deemed abandoned if: a. a billboard structure is removed without first securing the proper permits, b. temporary removal exceeds the 180-day period as described in subsection C, c. failure to pay the annual renewal fee as described in subsection I, or d. the property owner notifies the Community Development Department of its intent to abandon the billboard structure and relinquish any right to maintain such structure. 2. If the owner of the property upon which a billboard structure is located notifies the Community Development Department by notarized letter that he or she relinquishes the right to a billboard on the property described, the billboard is deemed abandoned. For the purpose of the structure, the term `property owner' does not include the owner of the billboard structure, unless the owner of the billboard structure also owns the underlying real property. 3. Once a billboard is abandoned, the owner of the billboard structure shall have 30 days to remove the structure. If an abandoned billboard is not removed within 30 days of notification, the City shall cause the structure to be removed consistent with section 15, article II of this Code. Once an abandoned billboard has been removed, a vacancy is established for purposes of Sections 711.A.3 and M.D. C. Temporary bil[board removaL The property owner upon which the billboard structure is located shall notify the Community Development Department in writing prior to any temporary removal. A building permit must be applied for and obtained for the temporary removal. Failure to obtain a building permit for the temporary removal of a billboard structure, or failure to notify the Department of any temporary removal shall constitute billUoard abandonment, as deCmed herein. If a billboard is removed on a temporary basis, any non-conforming structure must be reconstructed in conformance with these regulations. D. Billboard vacancy. Following billboard abandonment, the Community Development Department shall notify every property owner in the B-2 district by certified mail announcing the billboard vacancy. An advertisement shall also be placed in the local newspaper notifying of the same. The notification will specify a 10-day application period during which applications may be submitted to the Department for a billboard permit. The ten-day application period shall occur no sooner than thirty (30) days and not later than one hundred twenty (120) days after publication of the notification of vacancy. The ten-day period shall commence on 8 a.m. of the first stated day and conclude at 5 p.m. on the tenth stated day. If the tenth day falls on a Saturday, Sunday or observed City holiday, the application period shall be extended to 5 p.m. on the next regular working day. E. Perniit subnzittal requirements. The application for a billboard permit shall include the following: 1. a completed building permit application form signed by both the ~ proposed billboard structure owner and the property owner, 2. a letter from the applicants acknowledging that the applicants believe that the proposed billboard structure complies with C.R.S. 43-1-401 et seq•; and the rules and regulations of the City of Wheat Ridge, 3. the appropriate fees, as required by subsection I, 4. copy of the property deed where the billboard structure will be placed, 5. a site plan which details the location of the proposed billboard structure in relation to property lines and all existing structures, 6. a certified survey of the property, 7. a photographic simulation of the proposed billboard structure, 8. a detailed elevation sheet of the proposed billboard structure, and 9. certified engineering details of the proposed billboard structure, including foundation details and proof that the underlying soil is adequate to support said structure. F. Multiple applications. If more than one application for a billboard permit has been submitted during this 10-day application period, all applications which include all the required submittal items shall be entered into a drawing by lot. The drawing shall occur within seven calendar days of the completion of the 10-day application period. All parties who have submitted valid applications as described above shall be invited to witness the drawing. G. Comp[etehess review. The permit applications shall undergo a cursory review for completeness of the permit submittal requirements prior to the drawing; if an application does not contain one or more of the submittal items listed in subsection E, the application shall be returned with an explanation of deficiency. Any permit application which is found to be incomplete during this completeness review may not be corrected and resubmitted for inclusion in the drawing. Only one application per property may be submitted for inclusion in the drawing. H. Detailed review. At the conclusion of the drawing, the Community Development Department shall perform a detailed review of the chosen application. If any technical corrections are needed, the chosen applicant may correct said deficiencies. L Fees. A plan review fee shall be required at time of submittal of each application for a billboard structure prior to the drawing. A billboard inspection fee and standard building permit fee as set by the Building Division shall be required for any issued building permit for a new or relocated billboard structure. An annual renewal fee for each permitted billboard structure shall also be submitted to the Community Development Department each year on January 2"d. If the annual renewal fee is not received by January 31st, the billboard shall be considered abandoned. If the billboard is considered abandoned as a result of non- i' payment of the annuai renewal fee, the Community Development Department shall notify the property owner by certified mail, and the procedures outlined in subsection (D) shall be followed for a billboard vacancy. The fees required by this section shall be established by the Community Development Director and are detailed on the fee schedule kept in the Community Development Department for public inspection. J. Expiration. A permitted billboard must be erected within one hundred eighty (180) days of issuance of the building permit. If the structure is not erected within this 180 day period, the ability to erect a billboard shall be deemed forfeited. The Community Development Department will then follow the procedures listed in subsection (D) shall be followed for a billboard vacancy. Section 3.Figure 26-711.1 is hereby amended to delete the reference to the B-1 District. <insert amended fig. 26-711.1> Section 4. Section 711.C is hereby repealed. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2008, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideraYion on final passage set for , 2008, 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 12008. SIGNED by the Mayor on this day of , 2008. 7erry Di'lullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: - City of "Wheatlidge COMMUNIIY DEVELOPMENT Memorandum TO: Planning Commission FROM: Meredith Reckert DATE: January 11, 2008 SUBJECT: Case No. MS-07-04/Johnson Please be advised that Case No. MS-07-04/Johnson, a request for a two-lot minor subdivision plat with a lot width variance for property located at 3516 Jay Street, has been continued until a date uncertain. When a new public hearing date has been established, publishing, posting and notification will occur. ♦~4 I I Clty Of W heat -idge - COMMUNITYDEVELOPMENT Memorandum TO: PLANNING COMMISSION FROM: Kathy Field, Administrative Assistant DATE: January 10, 2008 SUBJECT: Audio/Web Conference Training Schedule As a reminder, you are invited to attend any or all of the following audio/web conferences with staff. • Introduction to the Planning Commission: Part Two - January 16, 2008. 2"a floor conference room from 1 to 3 p.m. • Mastering Density: APA audio/web conference - February 13, 2008. 2"a floor conference room from 2 to 3:30 p.m. Confronting NIMBY's: APA audio/web conference - March 19, 2008. 2"d floor conference room from 2 to 330 p.m. For those not able to attend, we will make available the handouts as well as provide the link to related training materials on the APA web site. Also, a CD-ROM will be available six to eight weeks after each wnference for you to check out from our Library. Attached is a cunent list of items (books, APA reports, videos, etc.) contained in our Library. Please contact me (303-235-2846 ar kfieldgci.wheatridge.co.us) if you would like to check out any item from our Library. COMMUNITY DEVELOPMENT LIBRARY Citv Documents • Architectural & Site Design Manual (2007) • Repositioning Wheat Ridge (NRS) (2005) • Streetscape and Architectural Design Manual (2001) • Wadsworth Study (1999) • Wildfire Management Plan FEMA • Above the Flood: Elevating Your Floodprone House • Answers to Questions About Substantially Damaged Buildings • Answers to Questions About the National Flood Insurance Program • Design Guidelines for Flood Damage Reduction • Elevated Residential Structures • Engineering Principles and Principles and Practices for Retrofitting Flood Prone Residential Buildings • Floodproofing Non-Residential Structures (2) • Homeowner's Guide to Retrofitting (2) • How to use a Flood Map to Determine Flood Risk For a Property • Mandatory Purchase of Flood Insurance Guidelines • Manufactured Home Installation In Flood Hazard Areas . Planning for Post-Disaster Recovery and Reconstruction (PAS Report) • Protecting Floodplain Resources • Reducing Losses in High Risk Flood Hazard Areas (2) Repairing Your Flooded Homes Outside A eg ncies • Denver Regional Natural Hazard Mitigation Plan (DRCOG) • Final Environmental Impact Statement (US Dept. of Energy) • Guidebook to Researching Colorado's Historic Highways (CDOT) • Highways to the Sky: A Context and History of Colorado's Highway System (CDOT) • Jefferson County Zoning Resolution • Jefferson County Land Development Regulation • Spanning Generations: The Historic Bridges of Colorado (CDOT) • Urban Renewal in Colorado (CML) Videos • Community Decision Making in Urban Design • Ethical Dilemmas in Planning • Meeting Management • Primer on Constitutional Issues • Understanding Design Context CDs • Context-Sensitive Signage Design (2001, APA) • Form Based Zoning Rev. 12/28/07 • Introduction to the Planning Commission: Part One • Planning Ethics for Planning Commissioners • Zoning for Transit-Oriented Development Binders • BOA Workshop: Understanding Your Role (DRCOG) • Economic Development Training Symposium (HUD) • Planning Made Easy (APA) (2) Books • 1996 Zoning and Planning Law Handbook • Affordable Housing Proactive & Reactive... • Architecture, A Visual Dictionary of • Cases and Materials on Land Use • Charrette Book, The • Citizen's Guide to Planning, The • Colorado Land Planning and Development Law (6th Edition) • Community Development Resource Guide • Conducting Successful Focus Groups • Cost Effective Site Planning/Single Family Development • Developing Around Transit • Development Exactions • Effective Strategies for Community Development Finance • Family Daycare Zoning • Flexible Transit-Supportive Land U.. • Good City Form • Good for Business - A Guide to Rehabilitating the Exteriors of Older Commercial Buildings Infill/Development Strategies Rev. 12/28/07 • Job of the Planning Commissioner, The (2) • Land Use and Society • Landscape Planning - Environmental Applications • Livable Cities Observed • Measuring Progress • New Approaches to State Land Use Policies • New IIlustrated Book/llevel Definit . New Transit Town, The • Niche Strategies for powntown Revi... • Places - A Quarterly Journal of Environmental Design . Plan Talk and Plain Talk . Planner's Use of Information, The • Planning Commissioners Guide, The (3) . Planning in Plain English • Planning The Post-Industrial City . Practice of Local Government Planning, The • Preparing a Landscaping Ordinance • Principles and Practice of Urban Planning • Residential Street Design and Traffic Control • Site Planning & Community Design • Site Planning - Third Edition • Siting Cellular Towers • Small Town Planning Handbook, The + Smart Growth Zoning Codes: A Resource Guide • Structure of Urban Zoning, The • Ten Principles for Successful Development Around Transit (10) • Unmasking the Myths about Signs • Urban Planning and Design Criteria • Value of Signs, The • Visual Simulation - A User's Guide for Architects, Engineers, and Planners • What Your Planning Professors Didn't Teach You... • Zoning Board Manual, The (4) 2 I APA Reports • Administration of Flexible Zoning Techniques, The • Aesthetics ofParking • Appearance Codes for Small Communities • Codifying New Urbanism • Community Indicators • Converting Storefronts to Housing • Crossroads, Hamlet, Village, Town Design CharacYeristics of Traditional Neighborhoods, Old and New • Design Review (2) • Designing Urban Corridors (2) . Ecological Riverfront Design... • Economic Development Toolbox, An . E-Government • Everything you always wanted to kuow about regulating sex businesses XXX • Fair and Healthy Land Use . Four Supreme Court Land-Use Decisions of 2005, The • GIS: Assessing Your Needs & Choosing a System . Incentive Zoning • Integrating Planning and Public Health... • Jobs-Housing Balance • Landslide Hazards and Planning • Lights, Camera, Community Video • Meeting the Big Box Challenge • New Standards for Nonresidential Uses • Old Cities/Green Cities • Parking Cash Out . Parking Standards . Parks, Recreation, and Open Space • Perfonnance Guarantees • Placemaking on a Budget... . Planned Unit Developments • Planners Dictionary, A • Planning Active Communities . Planning Issues for On-site & Decentralized Wastewater Treatment Rev. 12/28/07 . Planning for Street Connectivity • Planning for the Unexpected: Land-Use Development and Risk . Planning for Wildfires • Preserving Rural Character • Principles of Smart Development Zoning Bonuses in Central Cities, The . Project Rating/Recognition Programs • Regulating Home-Based Businesses • Regulating Radio and TV Towers • Sign Regulation for Small and Mid-size Communities • Smart Growth Audits • Standards for Self-Service Storage Facilities • Street Graphics and the Law • Street Vending . Telecom Hotels • Too Big, Boring or Ugly . Transportation/Land Use Connection, The • Tree Conservation Ordinances • Urban Containment in the US . Zoning as a Barrier to Multifamily Housing Development • Zoning for Child Care ULI Info Packets • Transit Oriented Development Bulletins • Shopping Center Zoning • How Zoning Officials Win in Court Other • Better Models for Commercial Development • National Multifamily Research Forecast 2005 (Hendricks & Partners) 3 • 2007 Sweets Catalog File & Directory (McGraw-Hill Construction) Rev. 12/28/07 4