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HomeMy WebLinkAbout05/03/2007AGENDA CITY OF WHEAT RIDGE PLANNING COMMISSION May 3, 2007 Notice is hereby given of a Public Meeting to be held before the Gity of Wheat Ridge Planning Commission on May 3, 2007, at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 1. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) - 4. APPROVAL OF MINUTES - Apri119, 2007 5. 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.) 6. PUBLIC HEARING A. Case No. ZOA-06-05: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws to provide for the zoning of social clubs. B. Case No. ZOA-07-01: An ordinance amending Article VII of Chapter 26 concerning the regulation of billboards. 7. OTHER ITEMS 8. ADJOURNMENT CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting Apri119, 2007 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Planning Commission was called to order by Chair SCEZNEY at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29fl' Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Commission Members Present: Anne Brinkman Jim.Chilvers Dick Matthews 7ohn McMillin : Davis Reinhart (amved at 7:06 pm) Jerry Scezney Cassie Spaniel Kim Stewart Staff Members Present: Alan White, Coinmunity Development ` Director Travis Crane, Planner II Ann Lazzeri, Recarding Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE THErORDER OF THE AGENDA It was moved by Commissioner STEWART and seconded by Commissioner BRINKMAN to approve the order of the agenda as presented. The motion passed 7-0 with Commissioner REINHART absent. 5. APPROVAL'OF MINUTES - Apri15, 2007 It was moved by Commissioner BRINKMAN and seconded by Commissioner SPANIEL to approve the minutes of Apri15, 2007 as presented. The motion passed 7-0 with Commissioner REINHART 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 present to address the Commission at this time. Planning Commission April 19, 2007 7. PUBLIC HEARING A. Case No. WZ-06-11: An application filed by Gregory Ham for approval of a zone change from Commercial-One (G1) to Planned Residential Development (PRD) and approval of an outline and final development plan for property located directly south of 5400 West 381h Avenue. This matter was presented by Travis Crane. He entered all pertinent documents into the record and advised the Coinmission there was jurisdiction to hear the case. He reviewed the staff report and digital presentation. He entered a letter into the record from Lee Fisher at 11301 West 40"' Avenue. Mr. Fisher indicated he was in favor of the rezone but asked that approual include a provision that only a single family home could be built on the lot. Lucy Dinneen 4491 Marigold Lane, Littleton 80123 ` Ms. Dinneen is the applicant in this case. Inresponse to a concern expressed by Commissioner McMILLIN, she stated that she would change the fence height from five to six feet on the north. However, she stated a need for the three foot setback to prevent having a product so small that it would only be suitable for rental. Travis Crane noted that the portion of the building that is three feet from the property line on the adjacent property is utilized as a garage. Commissioner STEWART asked what kind of families the applicant hoped to attract. Mr. Dinneen replied that a specific type of family had not been identified but"Yhat the units would have individual owners. Commissioner STEWART expressed concern about the lack of yard space for children. In response to a question from Commissioner BRINKMAN, Ms. Dinneen stated that each unit is 1900square feet with a two-car garage. The landscaping would be irrigated and there are no plans far basements. Commissioner CHILVERS inquired about the type of landscaping that would be used. Mr. Crane stated that homeowners can install the type of landscaping they desire as long as it meets code. At the request of Commissioner BRINKMAN, Mr. Crane read a list of names and addresses of those individuals who atlencied the neighborhoud meeting on this case. Planning Commission -2- April 19, 2007 John Montoya 3755 Benton St. Mr. Montoya stated that he is the property owner just to the south of the subject property. Mr. Montoya objected to the setback which would be different from his house and would have a detrimental visual effect on Benton. Mr. Montoya also objected to a two-story structure that would look down into his house. Charles Durbin 3703 Ames Mr. Durbin was sworn by Chair SCEZNEY. He spoke in submitted a photo of a sign on the property that states a di this location. He expressed concern that this sign was po: when it has not yet been rezoned. He asked the Commiss on the neighborhood if this development is allowed to occ encourage future pop-ups and the character o£the neighb( )osition and x lot is for sale at on the property to consider the effect He noted that the houses directly across from this property are dwellings it will be affected. -family Lucy Dinneen returned to the podium. She stated that there are duplexes south of this property and that a single,family home built on the lot could also be a two- story structure. She noted that the present commercial zoning would allow greater structure height than would a resi5iential zoning. She stated that she is attempting to provide a high quality development to match the surrounding area. Commissioner McMILLIN commented that he is in favor of downzoning from commercial to residenYial and there are other duplexes in the area. He expressed concern about the large variance and that in an effort to build garages, 40% of the lot would be given to concrete and rooftop. Commissioner REINHART expressed concern about changing setbacks so inuch from surrounding properties.. Further, the lot does not provide enough space for a duplex. Commissioner CHILVERS expressed concern that the landscape would wark and be sustainable. Commissioner=BRINKMAN stated that the lot would best be utilized as residential rather than commercial and favored downzoning. She expressed some concern about the landscaping but didn't have a problem with the driveway. While the building could be downsized and have more landscaping, it is a difficult piece of property to deal with. She also commented that a two-story building should act as u buffer for properties behind it. Commissioner SPANIEL stated she was in favor of the downzoning, but believed the proposed building is too large for the small lot. ~ Planning Commission April 19, 2007 -3- Commissioner STEWART was in favar of downzoning but was concerned that it was too much building for the property. She also expressed concern about the lack of grass and so much concrete. Commissioner SCEZNEY stated that he believed it to be a good plan for this site. It was moved by Commissioner BRINKMAN and seconded by Commissioner McMILLIN to recommend approval of Case No. WZ-06-11, a request for approval of a rezoning from Commercial-One to Planned Residential Development and an Outline Development Plan for property located at Lot 2, Cadence Subdivision, for the following reasons: 1. The proposed zone change will be consis surrounding land use. A residential stru from the existing commercial developmc Avenue. 2. The change in zone will not adversely af or welfare, nor will it create an isolated i 3. The change in zone will be in conforman Comprehensive Plan,, specifically provid pleasing housing, providing a variety of' is a contribution to and`compatible with neighborhood. t with the existing ire will,provide a buffer adjacent to West 38rh t the public health, safety got zone district. with several goals of the ; quality, aesthetically xsing and development that The motion passed 5 3 with Commlissioners SPANIEL, CHILVERS and REINHART voting no. y It was moved by Commissioner BRINKMAN and seconded by Commissioner McMILLIN to recommend approval of Case No. WZ-06-11, a request for approval of a Final Development Plan for property located at Lot 2, Cadence Subdivision, for the following reasons: 1. The Final Development Plan is consistent with the Outline 2. The:Final Development Plan meets the standards established in Article III of the Wheat Ridge Code of Laws. With the following condition: 1. The height of the fence on the north shall be changed from five feet to six feet. The motion passed 5-3 with Commissioners SPANIEL, CffiLVERS and REINHART voting no. Planning Commission -4- April 19, 2007 B. Case No. ZOA-06-07: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding development review processes. This matter was presented by Alan White. He reviewed the staff report and digital presentation. Commissioner BRINKMAN expressed concern about Section 1, A, on page one of the ordinance that could allow the developer to go in and grub the site before approvals are obtained and could give the appearance to the public that approvals were already given. Allowing the developer to do this before approvals could result in damage to the property such as removal of trees orflling in wetland areas. Alan White explained that this was suggested in an effort to be "developer- friendly." While the developer could grub the site, ihey wauld have explicit understanding that they may do the wark but still not get necessary approvals to go ahead with the project. Commissioner REINHART asked what proYecti types of situations. Mr. White explained that th bond, install erosion control and would be infon a future land use approval would be granted. If removed, revegetation would have to take place Commissioner STEWART and the development not approved; developer to takp, correPtive action. city would haue in these lgper would have to post that the work would not mean ipproved and vegetation was art , of the bonding process. ce`clearing had taken place reluctant to press the Commissioner McMILLIN commented thaT most of the ordinance changes made good common sense and were based on professional experience. He did have a concem on,page 3 where four out of five criteria inust be found in relation to change in character of an area. He believed all five zoning criteria are essential. Commissioner REINHART commented that he believed the suggested criteria are linked enough to make a decision. Alan white noted an error on the bottom of page 3. The paragraph marked No. 3 stating "The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. " should actually be item "f' under No. 2. There was discussion about changing administrative variances from 10% to 50%. Alan White commented that changing from 10% would give the staff a little more flexibility in dealing with some sites, especially in commercial areas. In regard to the Architectural Manual, Alan White stated that the Community Development Director and Public Works Director can make changes. Planning Planning Commission -5- Apri119,2007 Commission and City Council approval are not necessary for such changes He asked Commissioners if they would like to review it at this time. Chair SCEZNEY asked if there were members of public who wished to address this matter. Hearing no response, he closed the public hearing. Commissioner McMILLIN suggested continuing review of the architectural manual. He did not feel the ordinance could be approved if the Commission was not comfortable with the architectural manual. Commissioner REINHART agreed that the architectural manual needs more study. It was moved by Commissioner McMILLIN and seconded by Commissioner STEWART to continue this case for one month. 'The'motion failed 2 to 6 with Commissioners BRINKMAN, CHILVERS, MATTHEWS, REINHART, SCEZNEY and SPANIEL voting no. It was moved by Commissioner REINHART and seconded by Commissioner McMILLIN to recommend approval of the ordinance amending chapter 26 of the Wheat Ridge Code of Laws concerning the development review process. It was moved by Commissioner McMILLIN and seconded by Commissioner STEWART to amend the ordinance ta change the percentage required to grant an administrative variance from 50% to 25%. The motion passed 6-2 with Commissioners'$i2INKMAN and REINHART voting no. It was moved by Commissioner BRINKMAN and seconded by Commissioner McMILLIN to amend the ordinance to leave in the words "No site development of property may be initiated" and "substantial clearing, grading,,filling or excavation may izot be commenced" in Section 1-A on page one of the ordinance; and remove the sentence stating, "Clearing, grading fidding or excavatiorz may be-commenced subject to the approvals required in this ehapter and pursuant to section 26-621 " in the same section. The motion passed 5-3 with Commissioners CHILVERS, REINHART and MATTHEWS voting no. - The motion to'approve the ordinance with the above amendments passed unanimously. There was a consensus to review the architectural manual at the meeting of May 17,2007. 8. OTHER ITEMS Alan White asked if Commissioners would like to hold brief ineetings prior to regular Planning Commission meetings in order to review certain items on the ~ Planning Commission -6- April 19, 2007 agenda. The City Council does this on occasion. Staff would advise the Commission ahead of time when it is deemed desirable to have such a pre- meeting. These meetings would convene at 6:45 and the public would be welcome to attend. These meetings would not be held on quasi judicial matters. There was a consensus to conduct these briefing sessions when staff believes it is advisable. 9. ADJOURNMENT It was moved by Commissioner STEWART and seconded by Commissioner CHILVERS to adjourn the meeting at 9:20 p.m. The motion passed 8-0. Jerry Scezney, Chair Planning Commission April 19, 2007 Ann Lazzeri, Recording,Secretary -7- oF WHEAT ; g PLANNING COMMISSION LEGISLATIVE ITEM STAFF REPORT OLORA~O MEETING DATE: May 3, 2007 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE FOR THE ZONING OF SOCIAL CLUBS CASE NO. zOA-06-05 M PUBLIC HEARING ❑ RESOLUTION Case Manager: Alan White Date of Preparation: April 26, 2007 Z CODE CHANGE ORDINANCE ❑ STUDY SESSION ITEM SUMMARY: The proposed atnendments to Chapter 26 define social clubs, list social clubs separately in the use chart for commercial and industrial uses, and allow social clubs as permitted uses in the C-1, G2, and I zone districts. They would also be allowed in PCDs and PIDs unless specifically prohibited or not listed. (Many older PCDs and PIDs simply reference the C1, C-2 and I zone districts.) A companion ordinance amends Chapter 11 and requires the owners of such establishments to obtain a social club license. Chapter 11 requirements are refereuced in the use chart. BACKGROUND: Currently social clubs are permitted uses in the C-1, G2 and I zone districts. They are luinped together with "private clubs, bingo parlors, and similar uses." There are no other zoning requirements, except parking. If the structure is new, then all standards would apply for landscaping, lighting, and setbacks. Our experience with these has been that they have located in existing structures. Parking and building code standards have been applied in these instances. The amendments Chapter 26 to list and define these uses separately, and listing them as permitted uses in the Gl, C-2 and I zone districts only. The Chapter 26 amendments include the addition of the following definition for social clubs: "A business whose sole, exclusive, or principle service provided is the leasing of space to persons or groups for private events such as parties or fundraisers. Social clubs do not include liquor licensed establishments, private clubs or lodges, hotels, public and private schools, colleges or universities, or churches." The definition has been modified based on Plamiing Commission's cominents at the study session for this topic. The definition does not include bars and similar establishments that are required to obtain a liquor license because the liquor licensing process and revocation procedures provide a level of control of the conduct at the establishment which is sought to be controlled by the social club license. STATEMENT OF THE ISSUES: The Police Department, Community Development Department, and the City Attorney's office have been warking on proposed regulations for social clubs. This is in response to the very real impacts these types of establishments having on adjacent residential neighborhoods. The amendments to Chapter 11 do not require Planning Commission's review and recommendation, but are provided so that members can understand the entire package of regulations for these uses. The ordinance requires the owners of such establishments to obtain a license from the City to operate a social club. The license requirements are modeled after the adult business license requirements, and there is the additional requirement that such uses must be located 100 feet from residentially zoned properties. (Three options were presented to Council and Council selected 100 feet. See Exhibit 1 for a map of areas that would be available for these establishments.) Unlike adult businesses, there is no distance requirement proposed from schools, day care facilities, churches, parks, recreation centers, or community centers. The license requires a background check of owners and managers and, if issued, must be renewed annually. Prior to issuing licenses or renewals, inspections of the premises are conducted by the building official and fire marshal. Site plans are also required to be submitted in order to assess the adequacy of parking and impacts of lighting, trash storage, etc. on adjacent residential uses. The licensing ordinance requires the owner or a manager to be present during events. A social club cannot operate during the hours of 2:00 a.m. and 7:00 am. A license may be denied or, if issued, may be suspended or revoked for a number of reasons, including incidents of disorderly conduct, consuming or possessing narcotics or dangerous drugs by persons on the premises, the manager is not present on the premises during an event, being open beyond the allowable hours of operation specified in the ordinance, public displays of indecency on the premises ar immediately adjacent thereto, acts of prostitution, consumption of alcoholic beverages by persons under 21 or visibly intoxicated persons, and making false statements on the application. Denial, suspension or revocation of a license may be appealed to the City Manager. Two of the existing social clubs (there are three in the City) are recognized as legal nonconforming uses in the ordinance and are allowed to remain at their current locations, even if the distance requirements are not met. However, the existing establishments would be required to obtain a license and be subject to all of the other conduct requirements of the licensing ordinance and all of I:\Comdev\ZOA\Social Clubs\PC hearing staff Report.doc the provisions of the nonconforming section of Chapter 26. RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance amending Chapter 26 to provide for the zoning of social clubs." Exhibits: 1. Ordinance Amending Chapter 26 2. Ordinance amending Chapter 11 I:\Cumdev\ZOA\Social Clubs\PC hearuig s[aPP Report.doc CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2007 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE FOR THE ZONING OF SOCIAL CLUBS WHEREAS, the City Council finds that there has been an increase in complaints regarding the operation of social clubs in the City, specifically with respect to crime, disorderly conduct, litter, noise, traffic and parking; and WHEREAS, such operation of social clubs affects the livability of the adjacent neighborhoods, especially residential neighborhoods; and WHEREAS, the City Council desires to minimize and control the adverse effects that social clubs may have withirrthe City and thereby protect the health, safety, and welfare of citizens; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; deter the spread of urban blight and protect citizens from increased crime; and WHEREAS, separating social clubs from residential neighborhoods would serve to protect the health, safety and welfare, improve the quality of life, and protect property values of the citizenry; and WHEREAS, locational requirements alone do not adequately protect the health, safety, and general welfare of citizens and thus, certain requirements with respect to the licensing and operation of social clubs are in the public interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-123 of the City's Code of Laws is hereby amended by the addition of the following definition to be added alphabetically: Social Club. A business whose sole, exclusive, or principal service provided is ~ the leasing of space to persons or groups for private events such as parties or EXHIBIT 1 fundraisers. Sociai clubs do not include liquor licensed establishments, private clubs or lodges, hotels, public and private schools, colleges or universities, or churches. Section 2. Section 26-204 of the City's Code of Laws is hereby amended by adding to the Table of Uses - Commercial and Industrial Districts, the following: Uses Notes NC RC C-1 C-2 I Social club In accordance with P P P Wheat Ridge Code of Laws, Chapter 11, article XI [NOTE: I didn't see anything more that we obviously needed to amend in the zoning section. Most of the regs are covered in the article on social clubs.] Section 2. Safeiy Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2007, 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 , 2007, 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 , 2007. 2 SIGNED by the Mayor on this day of 2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: 3 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bili No. Ordinance No. Series of 2007 TITLE: AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS TO INCLUDE A NEW ARTICLE XI CONCERNING THE LICENSING OF SOCIAL CLUBS WHEREAS, the City Council finds that there has been an increase in complaints regarding the operation of sociai clubs in the City, specifically with respect to crime, disorderly conduct, litter, noise, traffic and parking; and WHEREAS, such operation of social clubs affects the livability of the adjacent neighborhoods, especially residential neighborhoods; and WHEREAS, the City Council desires to minimize and control the adverse effects that social clubs may have within the City and thereby protect the health, safety, and welfare of citizens; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; deter the spread of urban blight and protect citizens from increased crime; and WHEREAS, Colorado courts have determined that social clubs are not subject to the state's beer and liquor license codes; and WHEREAS, separating social clubs from residential neighborhoods would serve to protect the health, safety and welfare, improve the quality of life, and protect property values of the citizenry; and WHEREAS, the regulation of social clubs within the City through licensing would protect and preserve the health, safety and welfare of the patrons of such clubs as well as the citizens of the City; and WHEREAS, nominal license fees are directly related to the cost of regulating social clubs and are necessary to help defray the expense incurred by the City of such regulation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: ~ V4020907 EXHIBIT 2 Section 1. Chapter 11 of the City's Code of Laws, entitled "Licenses, Permits and Miscellaneous Business Regulations," is hereby amended by adding a new Article XI, Social Clubs, as follows: ARTICLE XI. SOCIAL CLUBS Sec.11-250. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means and includes: (1) If an individual, that person making an application for a license under this article; (2) If a partnership, the partners owning ten (10) percent or more of the partnership which is making application for a license under this article; (3) If a corporation, the president, vice-president, secretary, treasurer, the directors, manager and each stockholder owning ten (10) percent or more of the stock of the corporation. Alcohol beverage means fermented malt beverage or malt, vinous, or spirituous liquors as those terms are defined in the Colorado Beer Code and the Colorado Liquor Code at C.R.S. 12-46-103 and 12-47-103, respectively; except that "alcohol beverage" shall not include confectionery containing alcohol within the limits prescribed by section 25-5-410(1)(i)(II), C.R.S. Assault means a knowing or reckless or criminally negligent causing of bodily injury of a person by another. City manager means the city manager for the City of Wheat Ridge, Colorado, or the city manager's designee. Club or lodge, private means an association of persons for the promotion of some nonprofit common object, such as literature, science, politics or good fellowship, meeting periodically, limited to members, within a building, not more than one-third (1/3) of the gross floor area of which is used for residential occupancy. Examples: Elks, Masons, Kiwanis, etc. Disorderly conduct means the intentional, knowing, or reckless ~ V4020907 2 (1) Making of a coarse and obviously offensive utterance, gesture or display when such utterance, gesture or display causes injury or tends to invite an immediate breach of the peace; (2) Abusing or threatening a person in an obviously offensive manner; or (3) Fighting with another in a public place, except as a participant in a sporting event. Finance division means the finance division for the City of Wheat Ridge, Colorado. Investigator means a member of the Wheat Ridge Police Department. Manager includes the person or those persons who manage, direct, supervise, oversee and administer the acts, transactions and acts of servants of the estabiishments governed by this article. Patron means a person present during the time the social club is open and operating who is not the licensee or its manager, employee, or agent. Premises means that area as defined in the social club license. Social club means a private business that leases space to persons for private events, such as parties or fundraisers. Social clubs do not include liquor licensed establishments, private clubs or lodges, hotels, public and private schools, colleges or universities, or churches. All other words and phrases used in this article shall have the meanings attached by this Code or by the Colorado Statutes regulating the sale of liquor, or if not otherwise defined by law, as used in their common, ordinary and accepted sense and meaning. Sec. 11-251. Location of social clubs. (a) It is unlawful to operate or cause to be operated a social club in any location except as provided in this Code. (b) It is unlawful to operate or cause to be operated a social club within ( ) feet of the property line of any lot, tract or parcel of land within the City which is zoned for residential use, or zoned A-1 or A-2 and used for residential purposes. vaozo9o7 3 (c) For the purpose of subsection (b) of this section, the distance between a social club and a residential district or a residential lot shall be measured in a straight line, without regard to intervening structures, objects or city limits, from the closest exterior wall of the structure in which the social club is located to the property line of such use. (d) A social club lawfully operating on the effective date of this article, , 2007, is not rendered a nonconforming use by the present or subsequent location of a residential district or a residential lot within ( ) feet of the social club; however, if a social club becomes a legal, nonconforming use as a result of the passage of this ordinance and it ceases operation for a period of sixty (60) days or more regardless of any intent to resume operation, it may not recommence operation in that location. (e) A social club lawfully operating within the city as of the effective date of this article that does not conform with the zoning requirement of Chapter 26 of this Code may continue to exist as a legal nonconforming use after the effective date of this article only if it otherwise complies with the provisions of this article within ninety (90) days of the effective date of this article. The city's regulations concerning nonconforming uses, found at Section 26-120 of this Code, shall apply to such nonconforming uses. Sec. 11-252. License required; original license fee; application fees; license renewaL (a) No person shall conduct or operate a social club without first having obtained a social club license issued by the city as required by this article. This requirement to obtain a social club license is in addition to the requirement to obtain a business license pursuant to Article II of this Chapter. Each applicant shall pay an initial social club license fee of five hundred dollars ($500.00). (b) Each applicant, whether an individual, partnership, limited liability company, or corporation, shall pay the following application fees at the time of submitting any application to the finance division: (1) An application processing fee of one hundred fifty dollars ($150.00). Such application fee shall be nonrefundable. (2) An application investigation fee in the amount then charged by the Wheat Ridge police department for each person who will be investigated as required by this article, plus those costs incurred by the City for outside agency review pursuant to section 11-255(b). Such application investigation fee shall be nonrefundable following a determination by the vaozo9o7 4 finance division that the application is complete in accordance with section 11-254. The application investigation fee shall be refunded upon written request by the applicant in the event that the applicant withdraws its application prior to the finance division's determination that the application is complete. (c) In the event an application for a social club license is withdrawn prior to issuance or to being denied, the original license fee, but not the application processing fee or the application investigation fee, shall be refunded in full to the applicant. (d) Renewal of an existing license issued pursuant to this article shall be granted upon the payment of the annual licensing fee of two hundred fifty dollars ($250.00) and the filing of a completed renewal application with the finance division not less than forty-five (45) days prior to the date of license expiration. The finance division may waive the timely filing requirement where the licensee demonstrates in writing that the failure to timely file is not solely the result of the appiicanYs neglect; provided that no renewal application shall be accepted by the finance division from any licensee after the license expires. (e) A license that is under suspension may be renewed in accordance with this section provided that such renewal shall not modify, alter, terminate, or shorten the period or term of the suspension. The suspension of a license shall not extend the term of the license or otherwise relieve the licensee from timely seeking renewal of the license in accordance with this section. Sec. 11-253. License application. (a) All applicants for a social club license shall file a completed application for such license with the finance division on forms to be provided by the finance division. (b) The completed application shall contain the following information and shall be accompanied by the following documents: (1) Each individual applicant, partner of a partnership, managing officer or managing director of a corporation, the manager of a limited liability company and all business managers shall be named in each application form, and each of them shall be photographed and fingerprinted by the Wheat Ridge police department. The Wheat Ridge police department shall thereafter forward such photographs and fingerprints to all appropriate referral agencies, including the finance ' division who shall include them in the application. vaozo9o7 5 (2) Ifthe applicant is: a. An individual, the individual shall state such person's legal name and any aliases and submit satisfactory proof that the individual is eighteen (18) years of age or older; b. A partnership, the partnership shall state its complete name and the names of all partners, whether the partnership is general or limited, and provide a copy of the partnership agreement, if any; c. A corporation, the corporation shail state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the statutes of the State of Colorado, or in the case of a foreign corporation, evidence that it is currently authorized to do business in the State of Colorado, the names and capacity of all officers, directors, and the name of the registered corporate agent and the address of the registered office for service of process; d. A limited liability company, the company shall state its complete name, the date of its formation, evidence that the company is in good standing under the statutes of the State of Colorado, or in the case of a foreign company, evidence that it is currently authorized to do business in the State of Colorado and the name of its members, the manager, and registered agent and the address of the registered office for service of process. (3) The applicant shall state whether the applicant or any other individual listed pursuant to subsection (b)(1) of this section has previously operated or is currently operating or has been employed at an unlicensed social club as defined in this article or has had a previous social club license under this article or other social club ordinances, resolutions or regulations from another municipality or county denied, suspended or revoked, or declared a public nuisance, including the name and location of the social club for which the permit was denied, suspended or revoked, or been declared a public nuisance, as well as the date of the denial, suspension or revocation. Additionally, the applicant shall state whether the applicant or any other individuals listed pursuant to subsection (a) of this section has been a partner in a partnership or an officer or director of a corporation or manager of a limited liability company of a social club whose license has previously been denied, suspended or revoked, including the name and location of the social club for which the license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation. The applicant shall state whether the applicant or any other individual listed pursuant to subsection (b)(1) of this section holds any other licenses under vaozo9o7 6 this article or other similar social club ordinance or regulation from another municipality or county and, if so, the names and locations of such other permitted businesses; (4) The location of the proposed social club, including a legal description of the property, street address, and telephone number(s), if any; (5) Proof of the applicant's right to possession of the premises wherein the social club will be conducted; (6) The applicanYs mailing address and residential address; (7) The applicant's social security number, driver's license number and/or federally issued tax identification number or, if the applicant is not a natural person, such information for the individuals listed in subsection (b)(2)b., c. and d (8) A current improvement location certificate depicting parking areas, location and type of exterior lighting, trash storage areas, loading areas, entrances to the structure and existing setbacks of all structures and a straight-line drawing prepared by a land surveyor, prepared within thirty (30) days prior to the application, and depicting the property lines and the structures containing any social club within ( ) feet of the closest exterior wall of the structure in which the social club will be located and the property line of any church, school, child care facility, public park, recreational center, community center, residential zone district, or a residential lot within ( ) feet from the closest exterior wall of the structure in which the social club will be located; [NOTE: Inciude only if locational requirements are included above.] (9) If the applicant intends to operate the social club under a name other than that of the applicant, the applicant shall state the business name to be used and submit copies of documentation evidencing the registration of the business name under applicable laws. Sec. 17-254. Determination of completed application. (a) Not more than ten (10) days following submission of an application, the finance division shall review the application for completeness and conformance with the application requirements of section 11-253. The finance division shall not accept for filing any application that is not complete in every detail. (b) All applicants shall promptly notify the finance division in writing in the event that any information contained in an application has changed or vaozo9o7 7 any information is discovered by the applicant to be incorrect in any way from what is stated on the application, and every applicant shall have the continuing duty to promptly update and supplement such information during the term of any social club license issued to the applicant. Sec. 11-255. Investigation. (a) Upon receipt of a complete application, the finance division shali transmit the application to the Wheat Ridge police department, which shall cause the investigation of the applicant and the manager of the sociai club and the accuracy of the information provided in the application. The police department shall submit a written report of the investigation to the finance division within thirty (30) days after receiving the application from the finance division. (b) Within five (5) days of receipt of an application for a social club license, the finance division shall notify the local fire marshal and the community development department of such application. Review costs incurred by the City for outside referral agency review shall be paid by the applicant as part of the application investigation fee imposed pursuant to section 11-252(b)(2). (c) The local fire marshal and the community development department shall commence the inspection of the premises for which a social club license is sought promptly upon receipt of notice of the application, and shall complete a written certification of whether the premises are in compliance with the building code and the zoning code within fifteen (15) days after receipt of the application. (d) The finance division may cause to be conducted any other investigation deemed necessary to determine the application's conformance with any requirement of this article. Sec. 11-256. Approval or denial of application. (a) A completed license application shall be administratively approved or denied by the finance division within sixty (60) days of the date of the filing of a complete application. The finance division shall deny a license application if: (1) The applicant is under the age of eighteen (18) years; (2) The application or any investigation performed or ordered by the city demonstrates or establishes that the proposed social club fails to vaozo9o7 8 conform to any requirement of this article, the Wheat Ridge Code of Laws, or other applicable law; (3) The applicant knowingly made a false statement or knowingly gave false information in connection with the application; (4) The individual applicant or a director or officer of a corporation, partner of a partnership, or manager of a limited liability company or manager of the social club has had a social club license revoked or suspended within five (5) years prior to the application; (5) The individual applicant or a director or officer of a corporation, or partner of a partnership or manager of a limited liability company or manager of the social club has operated a social club as defined in this article which was determined to be a public nuisance under state, federal or local law within five (5) years prior to the application; (6) A partnership, corporate or limited liability company applicant is not in good standing or authorized to do business in the State of Colorado; or (7) The applicant is overdue in payment to the city of taxes, fees, fines, or penalties assessed against the applicant or imposed against the applicant in relation to any business in which the applicant is the owner of at least a ten percent (10%) interest. (b) In the event that the finance division approves a license application, the finance division shall notify the applicant of such approval in writing, sent by certified mail to the address of the applicant as shown in the application. Nothing in this article shall prevent or preclude the finance division from revoking such approval where it is discovered that the application contained or included a false or incorrect statement or false or incorrect information which would otherwise constitute sufficient grounds or basis for the denial of the application. Approval of a license application shall not constitute issuance of a social club license. Issuance of a license shall be made only in accordance with section 11-257. The decision of the finance division to approve a license application shall not be construed as a quasi-judicial act but shall be a final administrative decision of the city. (c) The finance division's approval of a license application shall be valid for one year following the date of approval. Failure to obtain the issuance of the license pursuant to section 11-257 within such one-year period shall require the submission of a new application. (d) In the event that the finance division denies a license application, the finance division shall prepare written findings of fact and a decision stating vaozo9o7 9 the reasons or basis for the denial. A copy of the finance division's findings and decision shall be sent by certified mail, return receipt requested, to the address of the applicant as shown in the application within ten (10) days after the date of the finance division's denial. The finance division's decision to deny a license application shall become a final administrative decision of the city on the fourteenth day following the date of the decision unless the applicant files a timely request for appeal to the city manager as provided by section 11-260. Sec. 11-257. Issuance of license. (a) No license shall be issued by the finance division after approval of an application until such time as the building in which the business is to be conducted is ready for occupancy with such furniture, fixtures, and equipment in place as are necessary to comply with the provisions of this article and other applicable codes of the city or state, and then only after inspection of the premises and certification that the applicant has complied with the plans and specifications approved by the city with the application. (b) If the licensed premises has been closed or inactive for at least sixty (60) days, the finance division may revoke or elect not to renew the license. Sec. 11-258. Term of the license. All licenses issued pursuant to this article shall be valid for twelve (12) months from the date of issuance, unless sooner revoked. Sec. 11-259. Suspension; revocation of license. (a) The finance division may suspend or revoke a license upon a finding of any of the following factors: (1) Any incident of disorderly conduct, a violation of Chapter 16 of this Code, or any violation of Sections 11-263 through 11-268 of this Article have occurred upon the licensed premises or upon any parking areas, sidewalks, access ways or grounds within the immediate neighborhood of the licensed premises involving a patron or customer, manager, employee, or the licensee; (2) The licensee, manager, or any employees thereof illegally offered for sale or illegally allowed to be consumed or possessed upon the licensed premises, or upon any parking areas, sidewalks, walkways, access ways or grounds immediately adjacent to the licensed premises, narcotics or dangerous drugs; vaozo9o7 10 (3) The licensee or manager is not upon the licensed premises at all ' times that the licensed premises is open for business or at all times when the licensed premises is occupied by any employee, agent, patron, invitee, or other person; (4) The licensed premises was open for business during hours prohibited by this article; (5) The licensee, manager, or employee has allowed or permitted patrons or employees to engage in acts of prostitution or negotiations for acts of prostitution within the licensed establishment or upon any parking areas, sidewalks, access ways, or grounds immediately adjacent to the licensed establishment; (6) The licensee, manager, or employee has allowed or permitted patrons to engage in public displays of indecency or has allowed or permitted patrons or employees to engage in acts of public urination or defecation within the licensed establishment or upon any parking areas, sidewalks, access ways, or grounds immediately adjacent to the licensed establishment; (7) The licensee, manager, or employee has allowed the consumption of an alcohol beverage within the licensed premises, or upon any parking areas, sidewalks, walkways, access ways or grounds immediately adjacent to the licensed premises, by (1) any person under the age of twenty-one (21) years; (2) a habitual drunkard; or (3) a visibly intoxicated person; or has permitted any person under the age of eighteen (18) years to participate in the serving of an alcohol beverage within the licensed premises. (8) The licensee or manager knowingly made a false statement or knowingly gave false information in connection with an application for a license or a renewal of a license; (9) The licensee, manager, or employee knowingly violated or knowingly allowed or permitted a violation of any provision of this article; (10) A manager of the licensed establishment is under the age of eighteen (18) years; (11) The licensee, in the case of a corporation or limited liability company, is not in good standing or authorized to do business in the State of Colorado; (12) The licensee is delinquent in payment to the city or state for any taxes or fees past due; or. vaozo9o7 11 (13) Any other violation of this Article. (b) No such suspension shail be for a longer period than six (6) months. (c) In the event ot suspension or cessation of business, no portion of the license fee shall be refunded. (d) In addition to the factors listed in subsection (a), the finance division may revoke any license granted pursuant to this article upon a finding that either: (1) The social club was operated and open during a period of time when the social club license was suspended; or (2) The license application should have been denied under the criteria set forth in section 11-256(a). Sec. 11-260. Appeals. (a) Application denial. In the event that the finance division denies a license application, an applicant shall have the right to a quasi-judicial hearing before the city manager for the purpose of appealing the finance division's administrative decision. A written request for a hearing shall be made to the city manager within ten (10) days of the date of the mailing of the finance division's written findings and decision denying the license application. The hearing shall be conducted within ten (10) days of the city manager's receipt of the written request for a hearing unless a later date is requested by the applicant. Upon receipt of a timely request for a hearing, the city manager shall schedule a hearing and notify the applicant of the date, time, and place of the hearing. Such notification may be made by the city by telephone provided that a written notice shall also be mailed or delivered to the applicant at the applicant's address shown in the application. An applicant may be represented at the hearing by an attorney or other representative. An applicant or the city may request a continuance or postponement of the hearing date. In no event shall the city be entitled to more than one (1) continuance unless agreed to by the applicant. (b) Suspension; revocation. If the city seeks to suspend or revoke a license, the licensee shall be entitled to a quasi-judicial hearing before the city manager. When there is probable cause to believe that a licensee has violated or permitted a violation of this article to occur in or near the licensed establishment, the city attorney may file a written complaint with the city manager setting forth the circumstances of the violation. The city manager shall send a copy of the complaint by certified mail, return receipt ~ vaozo9o7 12 requested, to the licensee at the address as shown on the license application, together with a notice to appear before the city manager for the purpose of a hearing to be conducted at a specified date and time and at a place designated in the notice to show cause why the licensee's license should not be suspended. Such hearing shall be held on a date not less than fourteen (14) days following the date of mailing of the compiaint and notice to the licensee. (c) The city manager shall have the power to issue subpoenas granted to municipal courts pursuant to the Colorado municipal court rules of procedure, Rule 217; the power to administer oaths; and, when necessary, the power to grant continuances. (d) At the hearing, the city manager shall hear and consider such evidence and testimony presented by the city, the applicant, and any other witnesses presented by the city or the applicant which are relevant to (i) the stated reason and basis for the finance division's denial of the license application or (ii) whether the violations that are the basis for the suspension or revocation occurred. The city manager shall conduct the hearing in conformity with quasi-judicial proceedings and shall permit the relevant testimony of witnesses, cross-examination, and presentation of relevant documents and other evidence. The hearing shall be recorded by electronic recording device. Any person requesting a transcript of such record shall pay the reasonable cost of preparing the record. (e) Not less than ten (10) days following the conclusion of the hearing, the city manager shall send a written order by certified mail, return receipt requested, to the applicant or licensee at the address as shown on the application or license, as applicable. (1) In the case of an application denied by the finance division, the order shall include findings of fact and a final decision concerning the approval or denial of the application. If the city manager approves the application, such approval shall constitute approval by the finance division, and the applicant may seek issuance of a license in accordance with Section 11-257. (2) In the case of a suspension or revocation, the city manager shall make written findings of fact from the statements and evidence offered and shall reach a conclusion as to whether the alleged violations occurred. If the city manager determines that a violation did occur that warrants suspension or revocation of the license pursuant to Section 11-259, the city manager shall aiso issue an order suspending or revoking the license. A copy of the findings, conclusion, and order shall be hand-delivered or I vaozo9o7 13 mailed to the licensee by certified mail, return receipt requested, at the address as shown on the license application. (f) The order of the city manager made pursuant to this section shall be a final decision and may be appealed to the district court pursuant to Colorado Rules of Civil Procedure 106(a)(4) or to the Wheat Ridge Municipal Court pursuant to this subsection (f). For purposes of any appeai, the city manager's decision shall be final upon the earlier of the date of the applicanYs receipt of the order or four (4) days following the date of mailing. Sec. 11-261. Display of license; transferability; change of ownership; change of corporate structure. (a) Any social club license issued pursuant to the terms of this article shall be prominently displayed at all times upon the premises for which the license was issued. (b) Licenses issued under this article shall not be transferable, sold, or leased except as provided herein. Any change in the partners of a partnership or in officers or directors of a corporate licensee or manager of a limited liability company holding a social club license may result in termination of the license of the partnership or corporation, unless such licensee, within thirty (30) days of any such change, files a written notice of such change accompanied by the application processing fee and the application investigation fee as required by subsection (b) of Section 11- 252. Any such change shall be reported on forms provided by the finance division and shall require the names of all new partners of a partnership, officers, and directors of a corporation, and the manager of a limited liability company and any information as required by section 11-253. Approval or denial by the finance division of such transfer shall be upon the same terms as provided for in this article for the approval or denial of a social club license. (c) When a license has been issued to a husband and wife or to general or limited partners, the death of a spouse or partner shall not require the surviving spouse or partner to obtain a new license. All rights and privileges granted under the original license shall continue in full force and effect as to such survivors for the balance of the license. (d) Each license issued under this article is separate and distinct, and no person shall exercise any of the privileges granted under any license other than that which he holds. A separate license shall be issued for each specific business or business entity and each geographical location. vaozo9o7 14 Sec. 11-262. Manager; change of manager. (a) A registered manager shall be on the premises of a social club at all times that the social club is open and operating. A social club may have more than one (1) registered manager. it shall be unlawful for any person to work as a manager of a social ciub without first registering with the finance division. (b) In the event a licensee changes the manager of a social club, the licensee shall immediately report such change and register the new manager on forms provided by the finance division within ten (10) days of such change. The new manager shall be photographed and fingerprinted by the Wheat Ridge police department and shall be investigated pursuant to Section 11-255, above. The fee for investigation of a new manager shall be one hundred dollars ($100.00). The finance division shall cause the application to be investigated and shall approve or disapprove the change of manager, based on the applicable standards of denial in subsection (a) of Section 11-256 within ten (10) days of receipt of a complete application and fee. Sec. 11-263. Hours of operation. It shall be unlawful for a social club to be open for business or for the licensee or any employee ot a licensee to allow patrons upon the licensed premises on any day from 2:00 a.m. until 7:00 a.m. Sec. 11-264 Security requirements. In addition to a registered manager, security guards shall be present at all times the social club is open and operating. Security guards shall be charged with observing the behavior of patrons to ensure that no violations of this article take place. There shall be one security guard present for every one hundred patrons. Sec. 11-265. Indoor activities. All activities at the social club shall be conducted indoors and no patrons shall be allowed to linger outside the social club unobserved or for longer than 15 minutes. Sec. 17-266. Lighting requirements. (a) All off-street parking areas and premise entries of social clubs shall be illuminated from dusk to closing hours of operation with a lighting ~ system which provides an average maintained horizontal illumination of vaozo9o7 15 one (1) foot-candle of light on the parking surface and/or walkways consistent with the requirements of chapter 26 of this Code. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways to help ensure the personal safety of patrons and employees and to reduce the incidence of vandalism and other criminal conduct. (b) All social clubs shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access to provide an illumination of not less than two (2) foot-candles of light as measured at the floor level. Sec. 11-267. Noise; vibration. The licensee shall insure that noise or sound and vibration do not disturb the peace of the neighborhood in which it is located. It shall be unlawful for noise or sound to emanate from any social club if such noise or sound is louder than a normal conversation when heard at or inside the property line of property other than that of the social club itself. It shall be unlawful for a social club to emit vibration through the air or the ground if such vibrations are perceivable beyond the property line of the social club. Sec. 17-268. Notification of certain conduct in licensed premises. (a) Any licensee and its employees shall immediately report to the Wheat Ridge police department any unlawful act, disorderly conduct or assault committed on the premises. (b) Each licensee shall post and keep at all times visible to the public in a conspicuous place on the premises a sign to be provided by the city clerk's office which shall be in the following form: WARNING: The City of Wheat Ridge Police must be notified of all disturbances including disorderly conduct and assault which occur in this licensed establishment. (c) It shall not be a defense to a prosecution of a licensee under this section that the licensee was not personally present on the premises at the time such unlawful or disorderly act, conduct or disturbance was committed; provided, however, that an agent, servant or employee of the licensee shall not be responsible hereunder when such agent, servant or employee is absent from the premises. (d) Failure to comply with the requirements of this section may be considered by the finance division in any action relating to revocation, vaozo9o7 16 suspension or non-renewal of a license. A violation of this section is also a criminal offense, punishable by a fine or imprisonment, or both, as provided in section 1-5 of this Code. Sec. 11-269. Right of entry; inspection. (a) The application for a social club license shall constitute consent of the licensee and his agents or employees to permit the Wheat Ridge Police Department, the city building inspector, the health commissioner, any representatives of the fire department or any other agent of the city to conduct routine inspections of the social club during the hours the establishment is conducting business to insure compliance with the law. (b) A person who operates a social club or his agent or empioyee commits a misdemeanor of the first degree if he refuses to permit such lawful inspection of the premises. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2007, 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 , 2007, 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 . 2007. vaozo9o7 17 SIGNED by the Mayor on this day of 2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: vaozoso7 18 pF WHEq1 ~ P PLANNING COMMISSION V m LEGISLATIVE ITEM STAFF REPORT lORA00 MEETING DATE: May 3, 2007 TITLE: AN ORDINANCE AMENDING ARTICLE VII OF CHAPTER 26 CONCERNING THE REGULATION OF BILLBOARDS CASE NO. zOA-07-01 M PUBLIC HEARING ❑ RESOLUTION M CODE CHANGE ORDINANCE ❑ STUDY SESSION ITEM Case Manager: Alan White Date of Preparation: Apri126, 2007 SUMMARY: The attached ardinance 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 vests the current 16 billboard locations with the underlying property. 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 billboard regulations were adopted in 1991 and were not revised when Chapter 26 was updated in 2001. The regulations establish two billboard districts - 1) essentially adjacent to I-70 (called B-2) and 2) the remainder of the City (called B-1). (See Exhibit 1.) The regulations required all billboards in the 13-1 District to be removed by 1996. These have all been removed and this district is no longer needed. The regulations of the B-2 District set the maximum number of billboards in the district at 16. Height, setback, spacing, and maximum size standards are also established. Other than setting the maximum 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 permits are to be issued if there are competing interests for one billboard. 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 billboard on that property. Leases are typically for 10 years. We I:\Comdev\ZOA\BiIlboards\PC hearing Staff Report.doc have had two instances in the past three years where ground leases expired. The billboard coinpany claimed they owned the permit for the billboard and could move it anywhere in the B-2 District. The other billboard company said the right to the billboard expired with the lease, and thus the pennit was available to any coinpany. The landowner claimed the billboard location should be vested with the property. Absent guidance in the Code, and with the assistance of the City Attorney, we have had to create a process and policies for dealing with this situation. Our latest experience with this process resulted in a lawsuit by a billboard company. The "temporar}" process essentially ties the right to the billboard to the ground lease. When the lease expires, so does the right to the billboard. That 16th billboard then becomes 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 far that 16`" billboard, a lottery is held to determine who receives the right to the billboard. The process is a bit cumbersome and time consuming. We have examined several alternatives to deal with the lack of specifics in the Code: 1. Codify the procedures and policies used in the past two instances. 2. Vest the right to a billboard with the current permit holder (billboard company). 3. Vest the right to a billboard with the landowner where billboards are currently located. The attached ardinance implements staff's recommended approach, Alternative #3. Vesting with the underlying property defines the 16 locations, allows the billboard companies to compete for the sites when leases expire, and adds value to the underlying property. It has the added advantages of taking staff out of the business of monitoring lease expirations and conducting lotteries to determine who is awarded the available billboard. The billboard companies have provided a letter of opposition to the proposed amendinent. (See Exhibit 2.) Essentially their recomuiended approach is Alternative #2 and would vest the right to a billboard with the permit holder (the billboard company), not the underlying property owner. A billboard location would become available when one company removed one of the 16 billboards. Staff does not see this alternative solving any of the problems with the existing "temporary" process. What constitutes removal - when everything is removed, even the caisson? When the sign face is removed? When the pole structure is removed? At what point during removal can another company submit a permit for the "available billboard location?" A month in advance because they know the lease is expiring and the billboard will have to be removed? The company removing the billboard will argue one thing, the competing company will argue another and City staff will be in the middle - probably conducting another lottery. The City Attorney has provided an opinion of the proposed ordinance and the billboard companies' assertions. (See Exhibit 3.) At the study session on this topic Planning Commission asked what other communities do and questioned how to regulate mobile billboards. Below is a summary of a few other jurisdictions' regulations: Arvada - Allowed only in B-4 zone district; not limit on number; considered principal use on lot. Lakewood - Not mentioned in sign code. Golden - Not mentioned in sign code. Aurora - Allowed in certain commercial and industrial zone districts; no limit on number; cannot be I:\Comdev\ZOA\Billboards\PC heming StaHRepoit.doc visible from freeways or interstate highways. Denver - Allowed, but under several spacing and visibility restrictions. The CiYy Attorney is researching the mobile billboard issue. RECOMMENDED MOTION: "I move to recommeud approval of the proposed ordinance amending Article VII of Chapter 26 concerning the regulation of billboards." Exhibits• 1. Billboard District map 2. Map of current billboard locations 3. Letter from billboard companies 4. Response inemo from City Attorney 5. Proposed Ordinance 1:\Comdev\ZOA\I3iIlboardsNC hearing Staff Report.doc ~ ~ ~ ~ J{ W ~ ~ ry~~ GC S] C4 ~ r-1 W~ H ~ .~-1 .i•t W 'd 4j 9 N R v U ~ ~ b ~ G O ^i) El ~ ~ ci ~pT} ~ C~. i7. EXHIBIT 1 N W~E S Billboard Locations Exhibit 2 1000 0 1000 2000 Feet ~ = ocBs OUTDOOR MrLEHrGH OuyLpao ooa anverrrrsiNc MEIVIORANDUM 0 TO: City of VJheat Ridge Mayor and City Council FROM: CBS Outdoor, Inc., L,amar Advertising Co., MIle High Outdoor, In DATE: Februazy 21, 2007 RE: Proposed Revision to VJheat Ridge B111boazd Ordinance The Director of Community Development has proposed an amendment to a portion of the Wheat Ridge Sign Code relating to billboards. The covering Memorandum states essentially that the existing ordinance should be changed to make the land upon which existing billboards currently exist the only permissible locations for hillboards, now and in the future. The sole justification is to relieve clauned administrative burdens on the Community Development Aepartment. This proposal is unnecessary, and may well be unconstitutional. The change is unnecessary since the "problem" the aznendment is designed to correct has only occurred once in the 16 yeazs since the billboazd regulations were passed in 1991. This "problem" is that two billboard companies applied for a new permit when one of the existing 16 billboazds was removed. This "problem," however, was only created by the Director when, after discussions with only one billboard company (United Outdoor), he utilized new "draft policies," wliich "policies" ignored a much more obvious approach to resolving the issue. Unfortunately and also derived without discussion with or the benefit of the analysis by any company in the industry other than United, the Director's proposed solution,: . (1) provides a total and undeserved windfall to those property owners lucky enough to have existing billbouds on their proper[y; (2) blocks all other properry owners in Wheat Ridge's B-2 zone from having an equal opportunity to receive the incorne from billboard rentals; and (3) takes property without compensation fiom the existing billboazd companies which are, as admitted by the Director in his Memo, "the cmrent pemut holders" and whose permit rights will be stripped and effecrively given to the property owners. A much simpler solueion is to provide that no new billboard permit be issued until one of the existing billboards has been physically removed or destroyed. Background: Most, if not all, of the axisting 16 billboards in Wheat Ridge were erected pmsuant to sign permits granted to CBS Outdoor, L,amar Advertising and 766292 EXHIBIT 3 Mile High Outdoor (and two granted to United Outdoor, which is believed to be the major proponent of the proposed amendment). The billboards were exected on propeities on which the billboard companies obtained land leases with property owners. In all cases, the billboards were erected, paid for and maintained by the billboard company. The billbouds aze the property of and owned by the billboard company, not by the landowner. Since most of these leases u'e for 10 years or more, they expire and billboards are removed very infrequently. (We do not believe the Deparlment has issued more than two or three new permits in the last 10 years.) CBS, Lamar and MiZe Hrgh Outdoor have received tzo new permits ira the past tett years. Since the Wheat Ridge billboard code requires that a new sign permit be obtained before erecdng or remodeling any billboard, and states that only 16 may exist at one time, one would have thought that a new permit could be issued only when the number of billboards drops to 15 - i.e., when an existing bilLboard has been physically removed. This is easy to determine administratively since the applicant would need to advise the Department which sign had been reinoved - a fact the Department can visually verify in minutes, if not by merely looking at before and after photogaphs. Nonetheless, when discussing only with United when a new permit could be issued, the Director.told it that the new permit could be issued only when the underlying lease espired. Not on(y is there no reference in the billboard code to leases (much less the permissible number of them), but this is a more difficuk rnattez to deteimine administratively, because the Department has not required that leases on file with them reflect the expiration date. Thus, in one case in the last 16 years, the Department held a lottery, which it would not have done if it had used the removal of a billboard as the key factor. The Director's Pro osed Solution. First, the present proposed ordinance would allow the property owners who fortuitously have billboards on their property at this time the perpetual and exclusive right to maintain a billboard on their property. This iight is not one they have ever had before or one they ever sougHt or paid for. Nonetheless; as noted in the Director's Memorandum, fhis gift will "add value to the underlying property." Yet this is value that they will gain solaiy because a billboard company previously paid for erecting and maintaining the billboard on their property.l Indeed, the windfall rnay be much larger and with less potential benefit to the City than even the Director imagines. Under the Director's proposal, the existing landowner has the the right to maintain the billboard on his property. The billboard can be moved to another location on that property. Furthermore, if the property is divided the. I It is unclear why the proposed ordinance limits the number of billboards to one per assessor's paxcel number. At least one landowner already has two bilIboards in existence on one piece of property. Indeed, because of its location on the intexstate highway, it could not be removed withouf payment of full just compeasation. -2- right remains with the portion of the propeity containing the billboazd. (These additional provisions appear central to allowing the proposal to work.) Thus, one can fully expect that if fhis ordinance were adopted billboard companies will approach each present landowner and (a) ask them to allow the company tq move the billboard to a corner or side of the property, and (b) pay the landowner a substantial sum to sell that sliver to the billboard company, which will then possess the right to owu that billboard in that location forever without having to pay any fiu-ther rent. Thus, it is likely that the oiily beneficiaries of the new ordinance will be the handful of existing landowners and the purchasing billboard companies. Second, not all billboards in Wheat Ridge have remained in the same location. This proposed ordinance will not oiily provide a windfall to the owners of existing billboard locations, it will obviously preclude all other property owners whose land is presently zoned for billboards (the only function of the 13-2 zone), from ever having flie opportunity to have a billboard buiit on the'u property and from receiving the significant lease revenues the billboard companies pay. Just as the existing landowners , are fortuitous financial beneficiaries of the new proposal, all other landowners in the B-2 zone will be gratuitous]y deprived of an equivalent opportunity to obtain any financial benefit. As noted above, even any new owners of the existing billboard locations are also likely to be foreclosed from any future benefit of the proposal. Finally, "current permit holders (billboard company)" will be stripped of their permits and their position without compensation. Their rights aze being handed over to khe landowners, whose onlq financial participation has to be receive revenues from the billboazd companies derived from property paid for, erected and maintained by the billboard company itself. The altemative proposal suggested above, has none of the foregoing problems, is administratively easy to administer (on the extremely rare occasions when the istue may azise), and is comgletely consistent with the existing ordinance (which, incidentally, established the 16 billboard limit as a quid pro quo for the billboard companies to rernove their billboazds from throughout the remainder of Wheat Ridge withouY payment of compensation). When a billboard is removed or desfroyed; the present code requires that a new permit be obtained to rebuild or replace it. It is highly unlikely that a billboard will be removed unless the company's lease is being terminated. If the code provided (as has always previousIy been assumed to be the case) that anyone could seek a new permit when one of the existing billboards is removed or destroyed; then the only thing the Department would have to do is check to see that a previously existing billboard is gone, before issuing a new permit. If multiple applications aze filed on the same day, there is no problem with the holding of a lottery to deteimine which billboard applicant should get one (although it would help if only one application per location were included rather than allowing the billboard companies and the landowners to file separate applications for the same bIllboud): It is noteworthy tkiat the existing lawsuit does not challenge the procedures of the lottery that was held. Rather it asserts that no lottery was needed because the first permit application was submitted the day the lease was terminated and the billboard was iemoved, which was the day before any other applications were submitted. -3- Our representatives would be happy to expand on the foregoing points and to answer any questions you might have. They are: Mr. Dau Scherer General Manager CBS Outdoor 4647 Leyden St. Denver, Colorado 80216 303-333-5400 Mr. Alan Weiss General Manager Mile High Outdoor Advertising 300 B. Hampden #324 Englewood, CO 80113 303.783.4800 Mr. Frank Bullock General Manager 12301 N Grant St Suite 240 Thomton, CO 80241 303-280-7000 -4- I+:~ u FZFe:1V F~ Ss L !:`li"IFaLJQ LL~ MEMORANDUM TO: Mayor and City Council CC: Randy Young; Alan White FROM: Gerald E. Dahl, City Attorney DATE: March 12, 2007 RE: Correspondence from CBS Outdoor, et al. regarding Proposed Revision to Billboard Ordinance Cauncil will have received a copy of a February 21, 2007 memorandum from CBS Outdoor, Inc., Lamar Advertising Company, and Mile Hi Outdoor, Inc., concerning the proposed revisions to the City's billboard ordinance. The billboard companies have raised a number of concerns they have with this ordinance. The purpose of this memorandum is to advise what steps, if any, the Council should take in response to that memorandum. My review of the memorandum leads me to conclude that there are no legal deficiencies in the proposed billbaard ordinance, and that the reason it was suggested to the Council initiafly remains unchanged. The staff continues to recommend that it be approved. The billboard companies make the statement that they believe the ordinance is somehow unconstitutional, but do not realiy demonsfrate why. Of course, any land use resulting regulation restricts the use of private property in certain ways, and unless the restriction removes ali economic all use of the property, there is no "taking" in constitutional terms. In the case of the proposed ordinance, ali of the billboards currently in place will remain, so long as the landlords and the billboard companies remain in agreement. No biliboard permits are revoked. Biliboard companies are free to negotiate with landowners for permission to maintain a billboard on those properties. The ordinance leaves the negotiating where it should be - between the landowners and the biilboard companies. The billboard companies also have raised the concern that property owners will be inspired to subdivide off small slivers of their property in order to sell those parcels to EXHIBIT 4 billboard companies. Of course, any such division of property would be a"subdivision" under the City's land use code and would only be approved if it met the requirements of the subdivision regulations. Also, as Council is aware, the present draft ordinance provides that any subdivision of property would not result in entitlement to an additional billboard on that property; fhe billboard entitlement would remain wi#h the portion of the property upon which the billboard was in existence. The proposed ordinance is a legitimate exercise of the City's legislative authority to regulate land use matters. Because it is legislative, it will be subject to a pubiic hearing before the City Council. I understand that a number of you have or will be contacted by the billboard companies for some form of private meeting outside of the legislative hearing process. While this is not prohibited, I see no reason for such meetings in iight of the fact that there will be a public hearing on the ordinance. The three billboard companies who wrote the memorandum, any other billboard companies, and interested landowners and other citizens wiil have the fuli opportunity to express their opinions to the City Council at thaf time. Finalfy, the billboard companies' memorandum makes some allegations about the current lawsuit brought against fhe City by CBS Outdoor. In that case, CBS Outdoor does challenge the City's use of a lottery to process a particular billboard permit application. The status of this case is that the City won in District Court and CBS Outdoor has appealed. I advise you not to engage in a discussion with CBS Outdoor regarding the case while it remains on appeal. Please do not hesitate to contact me if this memorandum raises many questions CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2006 TITLE: AN ORDINANCE AMENDING CODE OF LAWS SECTION 26- 711.C.1, CONCERNING BILLBOARDS IN THE B-2 BILLBOARD DISTRICTAND 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 secl. and 29-20-101 et sec. to regulate the use of land and structures thereon; and WHEREAS, pursuant to this authority, the City Council has previously enacted Section 26-711.C of the Code of Laws, concerning billboard signs in the B- 2 District; and WHEREAS, said Section 26-711.C currently permits a maximum of sixteen (16) biliboards in the B-2 District; and WHEREAS, at the time 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, owing to the difficulty in determining when individuai 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 that the sixteen billboard locations presently in use in the B-2 District shall be designated as the only locations upon which billboards are permitted in the B-2 District; and WHEREAS, the City Council finds that this ordinance will preserve and protect existing property rights by recognizing the right of the property owners of the designated sixteen locations to continue to operate or lease the same for display of billboards; and WHEREAS the City Council finds that Code Section 26-711.13, concerning biliboards in the B-1 District is no longer necessary as all billboards in the B-1 District were removed prior to January 1, 1996. EXHIBIT 5 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-711.C.1 of the Wheat Ridge Code of Laws is amended to read: Maximum number allowed is sixteen (16), UNDER THE FOLLOWING RESTRICTIONS: b-iib d i d - hm +h„ o 1 d:..+..:,.+ Fnay b,, ,.i..,.,.+,..i +h,, o o d-,.+: . ,,.,ai,...,. ,.t +H,. t.,. _ i iii rrrncr. (A) THE PERMITTED LOCATIONS FOR SUCH BILLBOARDS WITHIN THE B-2 DISTRICT SHALL BE AS FOLLOWS: (insert list of locations, by assessor parcel number]. (B) NO MORE THAN ONE (1) BILLBOARD MAY BE MAINTAINED AT EACH PERMITTED LOCATION. (C) IN THE EVENT ANY OF THE ABOVE-LISTED LOCATIONS SHALL CEASE TO BE USED FOR ACTIVE DISPLAY OF A BILLBOARD FOR A PERIOD OF 60 DAYS OR MORE, SAID LOCATION SHALL CEASE TO BE A PERMITTED LOCATION FOR BILLBOARD DISPLAY, AND THE TOTAL NUMBER OF SUCH LOCATIONS DESCRIBED AND PERMITTED HEREIN SHALL BE REDUCED ACCORDINGLY. (D) A BILLBOARD MAY BE MOVED, SO LONG AS IT REMAINS ON THE PERMITTED LOCATION. (E) IN THE EVENT THE PARCEL CONTAINING THE PERMITTED LOCATION IS SUBDIVIDED, THE BILLBOARD AND THE ENTITLEMENT TO CONSTRUCT AND MAINTAIN A BILLBOARD SHALL REMAIN WITH THAT PORTION OF THE SUBDIVIDED PROPERTY ON WHICH THE BILLBOARD WAS SITUATED AT THE TIME OF SUBDIVISION APPROVAL. THE REMAINING PORTION(S) OF THE SUBDIVIDED PROPERTY SHALL HAVE NO RIGHT TO PLACE OR MAINTAIN A BILLBOARD ON SUCH PROPERTY. 2 (F) ALL BILLBOARDS SHALL CONTINUOUSLY BE IN COMPLIANCE WITH ALL OTHER PROVISIONS OF THIS CHAPTER 26. Section 2. Section 26-711.13 of the Code of Laws is repealed. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2006, 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 , 2006, 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 , 2006. SIGNED by the Mayor on this day of , 2006. Jerry DiTullio, Mayor ATTEST: Pam Anderson, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: 3