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HomeMy WebLinkAbout06/03/2010City of l WheatRiglge PLANNING COMMISSION AGENDA June 3, 2010 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on June 3, 2010, 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 to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303 -235 -2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. 1. 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 — May 20, 2010 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.) 7. PUBLIC HEARINGS A. Case No. ZOA- 10 -01 An ordinance amending Article VII of Chapter 26 concerning off - premise identification signs, community event/sponsorship banners, and signs in the public right -of -way. 8. SESSION SESSIONS A. Mixed Use Zoning Update (Continued from May 20 PC meeting) B. Commercial Accessory Structures _1 1TiJ 101-Wa -11 City of " PLANNING COMMISSION Minutes of Meeting May 20, 2010 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair MATTHEWS at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 20 t h Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Anne Brinkman Alarr Bucknam Steve Commission Staff 3. PLEDGE 4. APPROVE THE It was &6-ved by DWYER tounI 5. APPROV Absent: Meredith Reckert, Sr. Planner Sarah Showalter, Planner II Tim Paranto, Public Works Director Ann Lazzeri, Recording Secretary THE AGENDA amissioner GOKEY and seconded by Commissioner the order of the agenda. The motion carried 7 -0. MINUTES — May 6, 2010 Because this meeting was not recorded and a minute taker was not present, Commissioners advised which motions they made and seconded. It was moved by Commissioner BRINKMAN and seconded by Commissioner DWYER to approve the minutes of May 6, 2010 with the following additions: Planning Commission Minutes 1 May 20, 2010 • Commissioner BRINKMAN moved and Commissioner DWYER seconded to approve the order of the agenda. • Commissioner Bucknam moved and Commissioner DWYER seconded to approve the minutes of April 15, 2010 as presented. • Commissioner GOKEY moved and Commissioner DWYER seconded to adjourn the meeting at 9:05 p.m. The motion passed 6 -0 with Commissioner TIMMS abstaining. 6. PUBLIC FORUM (This is the time for any person tb speak on any subject not appearing on the agenda.) There was no one present who wished to address;the C&nmission at this time. 7. PUBLIC HEARING A. Case No. MS- 10 -02: An application filed ley the City of Wheat Ridge Parks & Recreation Department for approval of,a 4 -lot minor subdivisi4 plat for property located at 3790 Kipping Street zoned Commercial One and 3701 Johnson Streetzoned Planned Commercial Development. This case was presented by Met documents into the record and ii hear the case She - eviewed the entered a copy of an -Mail she Avenue._ In response to a 4 *ert. She entered -All pertinent C=ommission =there was jurisdiction to ort an'dgt -1 presentation. She also from Dalton M. Larson, 9940 West 35` finer TIMMS, Ms. Reckert explained r parking, a consolidation plat for Lots 2 uld not be necessary. to a quion froi#�ommissioner DWYER regarding access to Lot 4, D explained that the Kipling access will eventually be closed, however, 8� Avenue will always remain. Joyce Manift' ' _g== Parks and Recreation Director Ms. Manwarii' stated the intent of the subdivision request is to support the small business on the corner that needs the property for parking. In response to a question from Commissioner MATTHEWS regarding parcel 3, Ms. Manwaring explained the intention is to leave it as undeveloped park land and provide future flexibility for lot consolidation with the cafe. Planning Commission Minutes 2 May 20, 2010 Commissioner BRINKMAN asked what happens to land purchased with Open Space funds that is not used for park purposes. Ms. Manwaring explained that the charter requires an 8 -0 vote of City Council to dispose of park land. When the land is purchased with Open Space funds and then sold, those funds go back to the City's share of Open Space funds to be used for development of future parks. Permission was obtained to sell Lot 4 only. Lot 3 will remain undeveloped at this time. Chair MATTHEWS asked citizens who wished to ac stand and be sworn in before testifying. The followi Commission: Suzanna Coates Ms. Coates stated that she was speaking neighborhood. She stated there was o bjl been designated for future park expaid now, there is no need to split it into a set created but left as part of Lot 1. Dalmon Larson (A copy of Mr. Larson's a - mail 1 previously entered into the record win -win situation for, the cafe, the with skepticism. �He xoquested that developmt Qf this lot mould prods: behalf of the sure )n to the creation Since there is no Commission to s addressed the 3 which has L use for it t:ot 3 not be 3ith Reckert And Joyce Manwaring was rented that,'.--, hat should be a win - nd fh�- �i��ghborhood is currently meeting 3 be kept -it is. Commercial domino effect. No Lange - AN IV IYI, Lames ohiectedominecv6pment of Lot 3. He stated that he lives near the st WbAt corn ipwn from a rear of high school property.. Until a gate was constructe"e aredi stained significant litter from the high school stt dents. He wa§ epucerned t - if Lot 3 were to be developed as afast -food use it v0*4 create parking congestion and littering. Ms. Lange d hey major concern is that the land was purchased with Open Space funds antow there is a possibility that Lot 3 could have a commercial use. Leslie Coffman Ms. Coffman stated that she agreed with the Lange's comments and that it is important to save the land for park use. Planning Commission Minutes 3 May 20, 2010 Douglas Linder Mr. Linder stated that he had no objection to Lot 4 being used for cafe parking, however he was puzzled about Lot 3. He asked that Lot 3 be left as part of Lot 1. Perhaps in the future, Lot 3 could be used as parking for users of the park. Dennis Richey Mr. Richey stated that he lives across the street from Lot 3 and experiences accumulation of trash from Corner Store patrons. He expressed concern about the effect on the neighborhood if commercial development takes place on Lot 3. Tanya Saavedra Ms. Saavedra was opposed to commercial developxfnept - hat would increase traffic congestion and littering. It would be preferable for commercial development to take place across Kipling where the thrift store and Starbd *k are located. Commissioner BRINKMAN clarif: Commercial Development and des; Comprehensive Plan. Ms. Reckert allow commercial uses on this lot. In response to a question from that Lots 1, 3 and 4 are all zon list of permitted uses for Lot 3 In response to a questiu from Con drive -throw fast foodsiness in permit. Lot 3 is currently to ICKNAM, Ms. Reckert clarified - rci"evelopment and that the in the RC zone district. DW'YER, Ms. Reckert stated that a in would require a special use who wished to address the closed the public hearing on this case. moved 44f oMmissfotte POND and seconded by Commissioner N to appro�Case 111b. MS- 10 -02, a request for approval of a four -lot subdivision dtproperty zoned C -1 located at 3790 Kipling Street and Ify ned PCl�at 3701 Johnson Street, for the following reasons: 1. All requirements of Article IV of the zoning and development code have been met. 2. It will facilitate the sale of Lot 4 to the owner of Lot 2 for parking lot expansion. With the following conditions: 1. A note be included on page 1 explaining that the function of tracts B and C are for future right -of -way purposes and specifying that they cannot be transferred to a third party for development purposes. Planning Commission Minutes 4 May 20, 2010 2. That the note on page one indicate that Lots 2 and 4 not be sold separately. The motion carried 6 -1 with Commissioner DWYER voting no. Commissioner MATTHEWS commented that the requirement for an 8 -0 vote from City Council required to transfer Lot 3 to anyone other than the City provides a sufficient level of safeguards for the neighborhood. (The meeting was recessed for ten minutes at 8:10 p.rn-)` B. Case No. WZ- 10 -03 An application filed by Aida Fire Protection District for approval of an amended Outline Develi pment Plan (Specific ODP) to allow a fire station on pro 6fty"zoned Planned Industrial Development and located at S ; Oak Street. This case was presented by Meredith Re6 1i'I documents into the record and advised the C hear the case. She reviewed= =estaff report a recommended approval for res, _and with report. In response to a question from that the northern Abbe would helpful as a to a in fall In response Arvada Fire ] development Mitered all pertinent ion 'there was jurisdiction tc tal presentation. Staff ions, as outlined in the staff Reckert stated that asked if th 7 Architectural Design Manual was eckert statedAffiffitt staff is finding there needs to be tparency issues. It also does not apply well fr6bmmissioner TIMMS, Brad Bonnet with Allred the,6ming has not changed. They plan to begin .s year. Pion from Commissioner GOKEY, Chad Hiatt with the stated that the station design will easily accommodate future area. It is a 50 -year facility, at the least. Chair MATTHEWS opened the public hearing. Roy Eshbaugh Mr. Eshbaugh stated that he was appearing on behalf of about twenty neighbors that live in the area. The neighborhood has been assured that noise won't be much of problem and they are looking forward to having the fire station in the neighborhood. Planning Commission Minutes 5 May 20, 2010 Chair MATTHEWS asked if there were others who wished to speak. Hearing no response, he closed the public hearing. It was moved by Commissioner BUCKNAM and seconded by Commissioner GOKEY to recommend approval of Case No. WZ- 10 -03, a request for approval of an amendment to the Outline Development Plan for Lot 1 of Block 4 of Skyline Estates #3 to meet the provisions for a specific ODP for construction of a fire station at 5250 Oak Street for the following reasons: 1. It will allow AFPD to proceed to the building permit. 2. The proposed ODP amendment for the standards established on the un 3. The proposed use will provide a bn the industrial uses on the south side neighborhood to the north. ' 4. The evaluation criteria support app With the following coi 1. The title of the 2. Public Works' added to the pl 3. On the eYeva The motion - ft"' i ed 7 8. 4TIEMS Lt was movedfii Con commissioner Il 8 m. The In Clhlriv C - Mi admig atiVe FDP stage and p a ecific lan is consistent with deryng plan. ffejr - and land use transition from of Ridge Road to the residential roval of the request. �d to be =Amendment No. 2. egarding emergency signal be sheet, the t•ference to 'AS be changed to stucco. fs goner BRINKMAN and seconded by t6ourn the regular meeting to study session at asse 6 -1 with Commissioner GOKEY voting no. Sarah Showalter reviewed Draft 2 of the proposed mixed use zoning code which highlighted revisions that were made since the last study session. Based on feedback from the mixed use zoning task force and open house held on May 12, several key items will be updated in Draft 3 including building heights; auto - oriented uses; mixed use requirements for mixed large sites (over 5 acres); residential transitions; and potentially provisions for nonconforming properties. Due to time restraints, several items including auto - oriented uses, mixed use requirements for large sites, and paving maximums will be discussed at the next study session on June 3. Planning Commission Minutes 6 May 20, 2010 9. ADJOURNMENT The study session adjourned 9:17 p.m. Planning Commission Minutes 7 May 20, 2010 Dick Matthews, Chair Ann Lazzeri, Secretary City of Wheat jge PLANNING COMMISSION COM MUNITY DEWI-OPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: June 3, 2010 TITLE: AN ORDINANCE AMENDING ARTICLE VII OF CHAPTER 26 CONCERNING OFF - PREMISE IDENTIFICATION SIGNS, COMMUNITY EVENT /SPONSORSHIP BANNERS, AND SIGNS IN THE PUBLIC RIGHT -OF -WAY. CASE NO. ZOA -10 -01 M PUBLIC HEARING M CODE CHANGE ORDINANCE Case Manager: Sarah Showalter Date of Preparation: May 26, 2010 SUMMARY: The attached ordinance proposes amendments to the sign code regarding three different topics: (1) the allowance of off - premise identification signs for large, unified developments; (2) the allowance of community /event sponsorship banners on city -owned property and public school property; and (3) the allowance of signs in the adjacent public right -of -way for certain commercially -zoned properties meeting specific criteria. The proposals in the attached ordinance represent input and policy direction from a study session with City Council. Notice for this public hearing was provided as required by the Code of Laws. ZOA- 10 -01/ Sign Code Amendments BACKGROUND There are three separate amendments within the attached ordinance. The background for each amendment will be presented separately. 1. Off-Premise Identification Signs Currently, the sign code greatly restricts the use of off - premise signs, which are defined as signs that advertise or direct attention to a business or service that is not located on the same site as the sign. The code allows for the following types of off - premise signs, which may be located on another private property with approval from Community Development and the property owner, or in the public right -of -way, with approval from Public Works: (1) Public signs and traffic /regulatory signs (2) Semi - public signs, which give information to church location, educational institutions or service club locations and are limited to 6 square feet in area (3) Billboards, which are only allowed in certain portions of the City (identified in a map in the code) near I -70 and are limited to a total of 16 within the City For some large, unified commercial developments, as well as large institutional campuses, off - premise signs can provide important identification needs. A monument sign located near a highway or major arterial, for example, can help draw attention and traffic to the development. There are often instances where a large commercial or mixed use development is paying for infrastructure improvements, such as roadway improvements, beyond the boundaries of the actual development site, typically in a master - planned development. In such instances, it may be appropriate to allow the placement of identification signs on or near the infrastructure improvements to draw attention to the nearby development that paid for those improvements. The current sign code would prohibit such signs since they would advertise and/or direct attention to a business not located on the same piece of property. 2. Community Event /Sponsorship Banners The Parks and Recreation Department would like to display Department- approved banners on City property, including ball fields and tennis courts in City parks. The banners would be used primarily to advertise Parks and Recreation events, but could also help advertise Wheat Ridge Youth Sports group activities. These signs would provide a convenience to the public by informing them of these leagues and activities. The sign code currently allows for temporary banners, but with requirements that essentially prohibit the types of banners that Parks and Recreation would like to hang on parks properties. For example, the code requires that banners are hung on a building — and thus could not be located on a fence — and determines the allowable area of the banner based on the square footage of the main building on -site, a metric that does not work if there is no structure on the property. Based on the current regulations, public schools would also be prohibited from hanging banners on ball fields or tennis courts to advertise sports leagues or school - related events. 3. Signs in the Public Right -of -Way The current sign code does not allow the construction of commercial freestanding signs in the public right - of -way (ROW). In general, this is a regulation that staff very much supports. In some limited areas of the City, where existing ROW boundaries are unusually wide, and may even overlap with existing off - street parking or landscaping, this provision can be difficult as it is nearly impossible to find a location for a sign ZOA- 10 -Ol/ Sign Code Amendments 2 that is near the street and not in the public ROW. For sites that are completely redeveloping, this is not an issue since a complete scrape -off allows the business to find an on -site location for the sign. However, there are instances where a new business proposes to re -use an existing building and site configuration. If the subject site is in an area with unusual ROW widths, it can be difficult to find a viable on -site location for a freestanding sign. This issue is not unique to Wheat Ridge. Several jurisdictions in the metro area, including Arvada, Denver, Englewood, and Golden, provide the opportunity for property owners to apply for a revocable permit, which allows placement of a sign in the ROW with the ability for the City to remove that sign at any time if necessary. Wheat Ridge already offers a similar permit for fences and other objects that a private owner may want to place in the ROW, called a ROW use permit. This permit is authorized through the Public Works Department and is good for a period of 5 years, at which point the applicant must apply to have the permit renewed. RATIONALE FOR AMENDMENT The intent of the attached ordinance is to provide limited and reasonable allowance for three types of signs that currently would not be permitted by the code: (1) off - premise identification signs for major activity centers, urban renewal unified commercial developments, and institutional campuses; (2) community event/sponsorship banners on City -owned and public school properties; and (3) signs in the adjacent public right -of -way for certain commercially -zoned properties meeting specific criteria. The first and third amendments — allowing off - premise identification signs for large unified developments and allowing the placement of some commercial signs in adjacent ROW — align with the strategies recommended in the Neighborhood Revitalization Strategy (NRS) to create a more flexible regulatory environment that encourages quality redevelopment in the City. They also support the goal outlined in the newly- adopted Comprehensive Plan, Envision Wheat Ridge, to revitalize key redevelopment areas in the City, including urban renewal areas (see Chapter 4, Economy and Land Use). The second amendment, to allow for community event/sponsorship banners, meets the goal in Envision Wheat Ridge to provide and maintain quality core community services and facilities (see Chapter 8, Community Services). Additional rationale and proposed regulations for each of the amendments is provided below. 1. Off-Premise Identification Signs The proposed amendment would allow off - premise identification signs for three different categories of development, described below. In all instances, the off - premise identification signs would be (a) part of an approved master sign plan, which is reviewed by Community Development and Public Works staff and approved by Planning Commission; and (b) required to be located on or immediately adjacent to public or private infrastructure approved or required for the operation of the development. These provisions would ensure adequate review of the proposed off - premise sign(s) and ensure that any off - premise sign is tied to infrastructure improvements that are part of the unified development. The three categories of development that the new off - premise identification sign allowance would apply to are: ZOA- 10 -01/ Sign Code Amendments (1) Major Activity Center, defined as a contiguous commercial development that is greater than 150 acres; (2) Urban Renewal Unified Commercial Developments, defined as a contiguous development that is at least 7 acres in size and where at least 50 percent of the total building square footage contains commercial land use; and (3) Institutional Campus, defined as a contiguous development over 75 acres in size that contains institutional land uses, such as medical or educational. In order to regulate the number and visual impact of off - premise signs, the proposed amendment would also include the following regulations: (1) Major Activity Center Identification Signs • Maximum of 2 allowed per activity center • Must be within 1 /4 mile of the activity center • Maximum height of 10 feet, maximum area of 50 square feet • No pole signs allowed • Option for one highway sign: up to 1 sign, only if it is within 300 feet of a state or interstate highway, may be a maximum of 30 feet with a maximum area of 200 square feet (2) Urban Renewal Unified Commercial Development Identifications Signs • Maximum of 2 allowed per commercial development • Must be within 1 /4 mile of the commercial development • Maximum height of 10 feet, maximum area of 50 square feet • No pole signs allowed (3) Institutional Campus Identification Signs • Maximum of 2 allowed per campus • Must be within 1 /4 mile of the campus • Maximum height of 7 feet, maximum area of 32 square feet • No pole signs allowed 2. Community Event /Sponsorship Banners In order to meet the needs of the Parks and Recreation Department, and to provide opportunities for notifying residents of community events, the proposed amendment would create a new type of temporary banner. The new banner category, proposed as a "community event/sponsorship banner," would apply to any City -owned property, and would thus allow other City Departments to take advantage of the opportunity to publicize community events. For those banners located on City -owned property, a permit issued through the Parks Department would be required. There is also the potential to allow sponsors of events or sports leagues to place logos on the banners, which could help generate revenue for the City. Based on direction from City Council, the community event banners are also proposed for public school properties owned by the Jefferson County School District. Such banners would be restricted to advertising school- related events and sports leagues, and would not require a permit, but instead be monitored by individual schools. Allowing community event/sponsorship banners in the sign code will provide a convenience to the public by providing notification of community events and sports leagues. The amendment includes the following regulations to ensure that the banners are temporary and there are not too many on one property: ZOA- 10 -01/ Sign Code Amendments 4 • Must be located on City -owned property or a school property owned by the Jefferson County School District • Maximum size of 50 SF on City property; maximum size of 32 SF on school property • Maximum of 2 on school property; no maximum for City property (total number will be regulated by Parks through the special event permit process) • Must be temporary only, with time restrictions related to the time period of the event, with no banner to be in place for longer than 4 weeks. • Can be located on buildings, fences, and poles. Cannot be attached to landscaping. 3. Signs in the Public Right -of -Way The proposed amendment would maintain the rule that businesses may not place signs in the public right -of- way (ROW). However, it would add an exception to this rule for rare instances in which existing conditions and ROW widths make this provision difficult or impossible to meet. Business owners could apply for a sign in the ROW if the following criteria are met: a. there are no viable alternative locations on the subject property; b. the sign is for a property with commercial or mixed use zoning; c. the sign will be within right -of -way that is immediately adjacent to the subject property; d. the sign is not in the right -of -way of a state highway; e. there are no immediate plans for widening the street as identified in the 5 -year Capital Investment Program (CIP) or planning documents; f. the sign is not for a site being completely redeveloped with new construction, in which case the proposed design should incorporate the sign on site; g. no underground utilities, except for electricity, exist in the proposed location for the sign; h. the sign does not obstruct the sidewalk or vehicular traffic; i. the sign complies with sight distance triangle requirements per section 26- 603.13; j. the sign is not located in the landscape buffer or amenity zone located between the back of curb and the sidewalk; k. the sign is not a pole sign; and 1. the sign must exclusively advertise or identify the business or operation located only on the immediately adjacent property for which sign is permitted. If a property meeting the above criteria wished to place a sign in the ROW, it would be allowed subject to approval by the directors of the Public Works and Community Development departments, as well as approval of a sign permit and ROW use permit. RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance amending Article VII of Chapter 26 concerning off - premise identification signs, community event/sponsorship banners, and signs in the public right -of- way." Exhibits: 1. Proposed Ordinance ZOA- 10 -01/ Sign Code Amendments EXHIBIT 1: PROPOSED ORDINANCE CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. 08 -2010 ORDINANCE NO. Series 2010 TITLE: AN ORDINANCE AMENDING CODE OF LAWS ARTICLE VII OF CHAPTER 26 CONCERNING OFF - PREMISE IDENTIFICATION SIGNS, COMMUNITY EVENT /SPONSORSHIP BANNERS, AND SIGNS IN THE PUBLIC RIGHT -OF -WAY. WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the City Council of the City of Wheat Ridge finds that more flexibility is desired with regards to the placement of off - premise identification signs for major activity centers, urban renewal commercial developments, and institutional campuses; and WHEREAS, the City Council of the City of Wheat Ridge finds that the placement of special event/sponsorship banners on city -owned property and public school properties is desired; and WHEREAS, the City Council of the City of Wheat Ridge finds that the ability to place certain signs in the public right -of -way, subject to specific criteria and a revocable permit, is desired to provide flexibility for businesses investing in the improvement of commercial sites. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26 -702 of the Code is amended to read Sec. 26 -702. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Animated sign. A sign or parts thereof, which revolve, whirl, twirl or utilize motion, implied or actual, in a horizontal or vertical plane or both. The only animated type of signs that are permitted are "barber pole" signs. Arcade sign. Any sign projecting beneath and attached to the underside of any balcony, canopy, awning or other structural overhang or passageway. Artistic mural or sculpture. A freestanding statue or sculpture or a graphic illustration or design, or an architectural design or relief applied directly to or incorporated within a wall of a building, which does not advertise or promote a particular business, service or "branded" product. Awning. A movable shelter supported entirely from the exterior wall of a building and /or a type which can be retracted against the face of the supporting building. Banner. A sign or advertising display constructed of cloth, canvas, fabric or other light material that is mounted with no enclosing framework intended to be displayed for a short period of time. Billboard. Any pole sign in excess of fifty (50) square feet in size oriented to the interstate highway utilized to advertise a product or service that is not produced or conducted on the same property as the sign. ZOA- 10 -01/ Sign Code Amendments Building front. The exterior wall(s) of a building facing a public street or streets or other public right -of -way other than alleys, or one (1) exterior wall containing the primary entrance to the building if not directly facing upon a public street. Canopy. A roof -like structure serving the purpose of protecting vehicles and /or pedestrians and which may be freestanding or attached to a building, is provided with supports, and is open on three (3) sides if attached and on all sides if freestanding. Changeable copy sign. A sign, either illuminated or nonilluminated, which is designed so that the message or any part of the message may be periodically changed, either mechanically or electronically, however, where a change in message occurs no sooner than every fifteen (15) seconds. Community event/sponsorship banner. A banner advertising community events, sports leagues, or related activities and located on property owned by the City of Wheat Ridge; or a banner advertising school - related activities or sports leagues and located on public school properties owned by Jefferson County School District. Development. A single lot, parcel or tract of land or portions or combinations of lots, parcels or tracts of land which are held in single or common ownership and which exist as a distinct functional entity. Multi -use and multi - tenant buildings and multiple building complexes which are held in singular or common ownership, either by individual, corporation, partnership or other legally recognized entity, shall be considered a "development' for the purpose of signage. Erect. To build, construct, attach, hang, place, suspend, affix, relocate or reconstruct any sign or sign- supporting structure. Flashing sign. A sign that is illuminated with intermittent lighting, animated lighting or with varying intensities of light at intervals of fifteen (15) seconds or less, including a moving light or lights. Freestanding sign. A sign that is permanent and self- supporting, being nondependent on support from a building or other structure, including signs placed upon fences or nonsupporting walls. Illuminated sign. A sign that is illuminated with constant intensities of light of a non - varying nature. There are three (3) types of illuminated lights as follows: (a) Direct. Lighting by means of an unshielded light source which is effectively visible as a part of the sign. Neon lighting is considered direct lighting. (b) Indirect. Lighting which illuminates the front of a sign or the entire building facade upon which the sign is displayed, the source of the light being shielded from public view and from surrounding properties. Indirect illumination does not include lighting which is primarily used for purposes other than sign illumination, such as parking lot lighting. (c) Internal. Lighting by means of a light source which is within a sign having a translucent background and which silhouettes opaque letters or designs, or lighting within or behind letters or designs which are themselves made of translucent or opaque material. Informational sign. A freestanding or wall -type sign, not located within public street right -of -way, which gives necessary direction or non - advertising information to motor vehicle operators or pedestrians, such as entrance, exit, parking limitations or location of onsite buildings or facilities. A company logo or name no larger than one (1) square foot may be included on each such permitted sign. Institutional campus identification sign. Any sign which advertises or directs attention to a major institutional campus and is not located on the same property as the institutional campus. An institutional campus is defined as a contiguous development with institutional uses, including medical or educational, that is greater than 75 acres. Such signs shall be allowed in addition to those signs permitted on the property and must be located on or immediately adjacent to public or private infrastructure approved or required for the operation or maintenance of the campus. ZOA -10 -O 1/ Sign Code Amendments 7 Lot. A tract, building site, parcel or portion of land separated from other parcels or portions by description, as on a subdivision plat of record or survey map or by metes and bounds, for the purpose of sale, lease or use. Major activity center identification sign. Any sign which advertises or directs attention to a major activity center and is not located on the same property as the major activity center. A major activity center is defined as a contiguous commercial development, or a mixed use development wherein at least 50 percent of the total building square footage contains commercial land uses, that is greater than 150 acres. Such signs shall be allowed in addition to those signs permitted on the property and must be located on or immediately adjacent to public or private infrastructure approved or required for the operation or maintenance of the center. Major interior drive. A drive aisle located on private property which connects two (2) public streets or provides access to two (2) or more parcels of land or developments. Nonconforming sign. A sign which does not conform with the regulations set forth in this article, but which did meet the requirements of the regulations existing at the date of its erection. Off - premises sign. Any sign , which advertises or directs attention to a business, commodity, service or activity conducted, sold or offered elsewhere other than on the property which the sign is located. . Painted sign. A sign that is painted directly onto the exterior surface of a building, wall or structure. Political sign. A noncommercial sign, which is exempt from permit requirements, erected or placed so as to advertise, announce, declare or state a political message, whether relating to a political campaign or election or any other issue of public concern which is protected by the First Amendment right of free speech. Pole sign. A sign which is aff ixed to, or mounted on a freestanding wood or metal pole, and anchored in the ground. Portable sign. Any sign which is supported by one (1) or more uprights or braces upon the ground and which is of portable design. Projecting sign. A sign which is affixed to any building, wall or structure and which extends beyond the building wall more than fifteen (15) inches. Public sign. A sign that is required by federal, state or local law or ordinance necessary for public information. Revolving sign. A sign utilizing an axis point to pivot the sign surface. Roof sign. A sign erected, constructed and maintained above the eaves and attached to the roof of a building. Semipublic sign. A sign giving information as to church location, educational institutions or service club locations. Sign. Any object or device or part thereof situated outdoors or indoors, viewed from outdoors by the general public, and which object or device or the effect produced thereby is used to advertise, announce, identify, declare, demonstrate, display, instruct, direct or attract attention by means including, but not limited to, words, letters, figures, designs, fixtures, colors, motion, illumination, sound or projecting images. Sign permit. A building permit issued for the erection, construction, enlargement, alteration, repair, relocation, improvement, removal, conversion or demolition of any sign issued pursuant to the building code of the city or this sign code. Sign structure. Any supports, uprights, braces or framework of a sign which does not include any portion of the sign message. ZOA- 10 -01/ Sign Code Amendments 8 Street frontage. For the purpose of signage, frontage upon a street is obtained by ownership, easement or leasehold only if used for vehicular access to the property, or if not used for vehicular access, only if such street frontage is at least fifty (50) feet in width. Where the regulations allow 'one sign per street frontage," the intent is that the sign allowed is placed upon or facing the street, unless specifically otherwise permitted. Surface area of sign. The total area enclosed by the shortest line that can be drawn around the entire sign, including any architectural embellishment or background material or color forming an integral part of the display and used to differentiate the sign from its surroundings. Sign support structures which do not bear advertising material shall be excluded in computation of sign area. Signs without backing (i.e., freestanding, projecting, A- frame or pedestal signs) are allowed the maximum square footage for each side for double -faced signs; however, signs having more than two (2) sides or faces shall not exceed the total face area allowed for a double -faced sign. Temporary sign. Any sign, banner, pennant, valance or other outdoor advertising sign constructed of light fabric, cardboard, wallboard, plywood, sheet metal, paper or other light materials, with or without a frame, intended or designed to be displayed for a limited period of time. Traffic and regulatory signs. Signs, signals or markings placed or erected by federal, state or local authority for the purpose of regulating, warning or guiding traffic. Unlawful sign. Any sign or outdoor advertising device erected in the absence of a permit required by this article, or in violation of any of the limitations, prohibitions or requirements of this article. Unsafe sign. Any sign or advertising structure found unsafe or insecure or creating a hazard or menace to the public safety, health and welfare. Urban renewal unified commercial development identification sign: Any sign which advertises or directs attention to a use or activity within an urban renewal unified commercial development and which is not located on the same parcel as the identified use or activity. An urban renewal unified commercial development is defined as a contiguous development, located in an urban renewal district, wherein at least 50 percent of the total building square footage contains commercial land uses and the development site is at least 7 acres in size. Such signs shall be allowed in addition to those signs permitted on the property and must be located on or immediately adjacent to public or private infrastructure approved or required for the operation or maintenance of the development. Wall sign. A sign constructed of durable materials or painted and which is permanently affixed to an exterior surface of any building, wall or structure and which does not extend more than fifteen (15) inches beyond the building wall, except that signage placed upon marquees, canopies or awnings shall be considered as wall signs. Section 2: Section 26 -707 of the Code is amended to read Sec. 26 -707. General provisions /performance standards. A. Sight distance triangle. 1. No sign is allowed which would violate the sight distance triangle requirements of section 26 -603B. 2. At signalized intersections, where both streets are collectors and /or arterial, the required sight distance shall be governed by the standards set forth in the most current edition of the policy on geometric design of highways and streets, published by the American Association State Highway and Transportation Officials (AASHTO). B. Location of signs. 1. All signs allowed by this article, except billboards, public signs, and semipublic signs, institutional campus identification signs, major activity center identification signs, urban renewal unified commercial development identification signs, and signs permitted under the criteria in section 26 -708.F shall be located on the lot which they advertise. C. Streets and rights -of -way. 1. No sign shall be erected in such a location as to interfere with motor vehicle or pedestrian traffic. 2. No sign is allowed in the public right -of -way, with the exception of: a. signs on bus benches and shelters pursuant to article IV of chapter 21 and ZOA- 10 -01/ Sign Code Amendments 9 b. public, semi - public, traffic, regulatory, and projecting signs, c. institutional campus identification signs, major activity center identification signs, and urban renewal unified commercial development identification signs, as outlined in section 26 -710. d. signs permitted under the criteria in section 26 -708.F 3. No sign is allowed which maybe construed as a traffic signor signal or which maybe confusing to motorists or mistaken as a traffic signal. 4. Where it is difficult to determine the pubic right -of -way boundary due to lack of curb, gutter and /or sidewalk, or survey markers, such boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb. Where a sidewalk exists, such boundaries shall be presumed to be two (2) feet from outside edge of sidewalk. 5. Attachment of any sign to utility poles or other poles or structures within public right -of -way is prohibited, except as approved by city council pursuant to this article. 6. Temporary signs found by an enforcement officer to be located within city right -of -way or in violation of sight triangle requirements shall be removed by such enforcement officer with no requirement of notice. D. Interference. 1. No sign is allowed which employs a lighting or control mechanism which causes radio, radar, cellular telephone or television interference. 2. No sign is allowed which, even though in general conformance with the standards and requirements of this sign code, is judged by the chief of police and public works director as a dangerous sign due to interference with a traffic control device by being in direct line between the control device and oncoming traffic or otherwise in visual competition with a traffic control device. E. Compliance with building codes. 1. No sign shall be erected, constructed or maintained which obstructs or is attached to any fire escape, window, door or opening used as a means of egress or ingress or for firefighting purposes, or is placed which interferes with any opening required for light or ventilation. 2. No sign is permitted which is structurally unsafe as determined by the chief building official, based upon criteria established in the adopted building codes. 3. The design of all sign structure members and foundation shall conform to the requirements of the building code relative to allowable stresses, materials and engineering standards. Loads, both vertical and horizontal, shall not produce stresses exceeding those specified in the building code, and material construction shall be of the quality and grade required by the building code: All signs and structures shall be designed and constructed to meet the adopted building and electrical codes. F. Outside display. 1. Notwithstanding the provisions of section 26 -631, any merchandise displayed outside of a building in such a way as to attract attention when viewed by the general public by placement upon a pole, a fence, a platform, roof or other similar device or structure shall be considered a sign and is prohibited. This shall not, however, be construed to prohibit merchandise customarily stored outside of buildings and placed upon shelves or tables, such as automobiles, campers, boats, plant materials, produce or lumber. G. Illumination. 1. All illuminated signage shall comply with section 26 -503 of the zoning and development code. 2. Signs within one hundred (100) feet of a residential structure, may be lighted indirectly or internally. 3. Signs over one hundred (100) feet from a residential structure, may use any type of lighting source, except search or flashing lights, provided that they are shaded, shielded or directed so that the light shall not adversely affect surrounding premises or interfere with safe vision on public or private roadways, including highways. 4. All direct and indirect lighting sources shall be downcast to reduce glare, sky glow and light pollution. H. Maintenance. 1. Any sign, including temporary signs, that becomes discolored, ragged, shredded, detached, etc., shall be removed or repaired. I. Removal or reconstruction of dangerous signs. 1. All signs which are prohibited shall conform to the provisions of this article either by removal or reconstruction, whichever applies, within sixty (60) days after the owner of such sign is notified of the violation. ZOA- 10 -01/ Sign Code Amendments 10 Section 3: Section 26 -708 of the Code is amended to read: Sec. 26 -708. Miscellaneous provisions. A. Building addresses. 1. House or building address number signs shall be consistent with section 26 -419 C. - -E. of the zoning and development code. B. Signs located on bus benches and bus stop shelters. 1. Signs located on bus benches shall be in conformance with Code of Laws, article IV, section 21 -124. 2. Signs located on a bus stop shelter shall be in conformance with Code of Laws, article IV, section 21 -151. Such signs shall be limited to two (2) faces per shelter for commercial advertising purposes with a maximum of twenty -four (24) square feet per face. C. Freestanding signs -- Commercial, industrial and mixed use zone districts. 1. Where two (2) freestanding signs are permitted by virtue of multiple street frontage, each permitted sign shall be allowed to have the maximum square footage allowed based on the formulas shown in section 26- 708.C.5. In addition, the sign area allowed may be transferred from one (1) sign to another; provided, that no freestanding sign shall exceed four hundred (400) square feet in area. 2. Where multiple signs are permitted because of multiple street frontage, the signs may be erected on the same street frontage. 3. For double -faced signs, each sign face can have the maximum square footage allowed. 4. Landscaping requirement: For new development or total redevelopment, all freestanding signs shall be placed within landscaped areas. 5. Maximum sign area: Based upon the following table: Maximum Sign Area (Square Feet = s.f.)* TABLE INSET: Floor Area of Building Single Use Development Multiple Use Development 0- -1,500 s.f. 35 s.f. 60 s.f. 1,501 - -5,000 35 s.f. plus 1 s.f. per each additional 50 s.f. 60 s.f. plus 1 s.f. per each additional 40 s.f. of floor area over 1,501. s.f. of floor area over 1,501. 5,001 -- 100 s.f. plus 1 s.f. per each additional 500 150 s.f. plus 1 s.f. per each 300 s.f. of floor 50,000 s.f. s.f. of floor area over 5,001. area over 5,001. Over 50,001 190 s.f. plus 1 s.f. per each additional 300 s.f. plus 1 s.f. per each additional s.f. 1,000 s.f. of floor area over 50,001 up to a 1,000 s.f. of floor area over 50,001 up to a maximum size of 300 s.f. maximum size of 400 s.f. *In computing allowable sign see, only the footprint of the structure can be used. The floor area of gas station and drive -thru canopies cannot be applied toward the freestanding sign allowance. D. Freestanding signs -- Residential, agriculture and public facilities zone districts. 1. Where two (2) freestanding signs are permitted by virtue of multiple street frontage, each permitted sign shall be allowed to have the maximum square footage allowed, as defined in section 26- 708.C.5. 2. Where multiple signs are permitted because of multiple street frontage, the signs may be erected on the same street frontage. 3. For double -faced signs, each sign face can have the maximum square footage allowed. 4. Landscaping requirement: For new development or total redevelopment, all freestanding signs shall be placed within landscaped areas. E. Master sign plan. 1. The planning commission may approve a master sign plan for any existing or proposed commercial or industrial development of at least two (2) acres or more in size which is under unified control either by ZOA -10 -01 / Sign Code Amendments l l ownership, legal association or leasehold. 2. The intent and purpose is to encourage well - planned and designed signage within a large multiple building or multiple use complex which expresses unification and integration by elements of architectural style, size, color, placement and lighting while at the same time allowing for reasonable individual business identification. An additional purpose is to encourage the elimination of existing nonconforming signs. The planning commission may grant as a bonus for well- designed plans additional signs and /or up to a fifty (50) percent increase in maximum square footage for each sign, and /or may permit signs in locations other than normally permitted, based upon a finding that the proposed master sign plan substantially meets the intent and purpose of this subsection relating to unification and integration of signage. 3. Once approved at a public hearing by planning commission, all master sign plans shall be recorded with the Jefferson County Recorder's Office and shall constitute a covenant and must be complied with by all owners, proprietors, lessees or assigns, whether current or future. No substantial variation from the plan shall be permitted without planning commission approval. Noticing requirements for a master sign plan process shall follow the procedures outlined in section 26 -109. F. Signs in the right -of -way. 1. The community development director and public works director may jointly approve freestanding signs which are otherwise permitted to advertise a property, to be located in the public right -of- way immediately adjacent to that property, subject to all of the following criteria: in. there are no viable alternative locations on the subject property; n. the sign is for a property with commercial or mixed use zoning; o. the sign will be within right -of -way that is immediately adjacent to the subject property; p. the sign is not in the right -of -way of a state highway; q. there are no immediate plans for widening the street as identified in the 5 -year Capital Investment Program (CIP) or planning documents; r. the sign is not for a site being completely redeveloped with new construction, in which case the proposed design should incorporate the sign on site; s. no underground utilities, except for electricity, exist in the proposed location for the sign; t. the sign does not obstruct the sidewalk or vehicular traffic; u. the sign complies with sight distance triangle requirements per section 26- 603.6; v. the sign is not located in the landscape buffer or amenity zone located between the back of curb and the sidewalk; w. the sign is not a pole sign; and x. the sign must exclusively advertise or identify the business or operation located only on the immediately adjacent property for which sign is permitted. 2. Signs that meet the above criteria shall obtain a sign permit through the community development department and a right -of -way use permit through the department of public works. 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2 > o ± 3: C) m0 :3 _ \f %kjk) \\0- /ED Om �E moo# / ƒ2=%� =a e0 C: m =o@m & 7 \ < w -\ f 0 0 0 2m a2 2 z z z R E o o� m �ƒ _ \ \ \ > < k/ < / \ k �2 0 2 2 Z E 6 C: 0 - � a ±I .N ~ \ \ #6 .gks-- n =o o / \.2 / ® f e C) \ �'\ S \ ± ƒ D 0$ $ « % 2exfc=�om.m\k =x2 2 �o e= = m o =_ o o % \ /E£9® ± m E @ m 2= c: (n _0 - U) = c e o.? = m m = m /2$ 'k] < \a%f /2Ef' ¥2D § - m / \ Z_ <3 e U) 2 (n 2 =e�c.M =0- #n U) 4'�a.gogm U) ( c a 2 L £0� 2i 2 \/ ƒ / k k k E _2 »/ 0 0 m w w m. \ < wS / § / U) U m U) % 0 z \ \ a o / / a 2 _ _C 5 0U) CU % 0 E ± O �% 0 \.7 Ie� [\ƒ \/ E m% �f� /�±e ��� i y 0 I o.7 = =E 5 = c ® c & m.7 \ - G o.( «O$ 6 =c . =65 .=Um .� e, \ \ e 4 \ Q � \ k 0 w \ E \ E 4 \ U 17) \ k 0 & % / 2 0 m c = \ / /mom M U) 'a e %E 0 2 / R Z a (D-0 E > 2o c .g E$ .- % L > = = m § ± > > 3 / \/� b2 \ ui / \ \.f \ \/ / /\/ ƒ < E 2 U co Zw \ \ y y 2i (/) Z 2 2 z 2 i G� 2 �I \ E o c < �/ § k k k 2 Of L CL \ R �o = 22 m /ƒ/ \ \ / Ct) 2 Rƒ ƒ/ k ƒƒ k k k E � _� 2 / � 0 * % 2 0 \ \ % o \�\ -a)= »a k/ O a = e p e= m.g o% w 6 ° M. \ o % $ ® k f ± $ \ % \ % § \ % < 2 y X < o >m=omea --o= » * ® U @ » ='k G % U) / / (nQ)2 \\%\ eG/ ° / O y c ��m\ =�� m m § a -\ 90 s ± \ _ / ® E/ E/ m_ / 3 \ @ n 5 n \ 2.% m \ / \ R 2 & §.- (/) 0 7 7 Mm2 =o or_ U) ='7 0 \ E \ E 4 \ U 17) \ k 0 & $ k ) 4 � U \ y / \ ¥ 0 N k / e E c. / k o.E ° U) a a> .gcn 2 a) co �> .g c$ cp �\: : CU c6 �� �a bt @ — bt @k$$" -� = / °0CUm -- =C: cu £ m § E m a =w0 ± -@% I E- �4£® a ° § $ e Q I E 8 E C m : ® ° o z ® �7ct 057 %kf\ 0522¢ / \» ± �r o f CLC E =.- n >, -eea = = E iN¥ �* -e�2� = o >§ ° 2 =`70 2§o�� = -m » ° ° oa)> k:o -a) =-� 3��o #$ ® i . u= ° c = - o �2f _ - o �/c -' Io =�cn E.g /»� ®a) m >, >� »Q (D E� >& R L O e =: ° R 2 m a) o 5 Z s cu m I a o o e o E» =Eo- cu a) o �� c CU CU o c o= o E R E E R C) 0 CU 7 0 CU 7 )o $o & $ %� 2' >m /b ® ® -0 0) R E kE± � ke � 2 aS § �£ L L I c cu Q a o2 % o 0 § Q. g f 2 '- o= '� % 5 R �I s end «2� �a$ °%c �0 �o o°= E«� Jam% ®C«®2Q - ® R ) k� §/ eg�kRG § /$/ %$00)c k� \ (n a (u C)— §$D / 2� 29 7\ &� °f/ 0e®c �:x5 <m =moe og70� CD .mgsem' rm� =�o.R£mch nmm= O & G� CL� ƒ 2 k \ $ $ < ¥ » / � U) f § \ & �6 =± %u L %77� 2� .2 o u / / /kco ciED $ k ) 4 � U \ y / \ ¥ 0 N Section 6: 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 7: Severability; Conflicting Ordinances Repealed If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 8: 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 24th day of May, 2010, ordered it published with Public Hearing and consideration of final passage set for Monday, June 28` 2010 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 28th day of June, 2010. SIGNED by the Mayor on this day of 1 2010. ATTEST: Jerry DiTullio, Mayor Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: _ Wheat Ridge Transcript: Effective Date: ZOA- 10 -01/ Sign Code Amendments 35 Ir City Of Wheatl c COMMUNITY DEVELOPMENT Memorandum TO: Planning Commission THROUGH: Ken Johnstone, Community Development Director FROM: Sarah Showalter, Planner II DATE: May 27, 2010 (for June 3 study session) SUBJECT: Mixed Use Zone Districts Planning Division staff started work on a new mixed use zoning code in January, 2010. The formation of "straight" mixed use zone districts — as opposed to planned developments (PDs) — is a priority implementation step in Envision Wheat Ridge, the comprehensive plan adopted in 2009. The intent is for these districts to provide a more predictable zoning process and encourage mixed use development within targeted areas of the city. At the Planning Commission study session on April 1, 2010, staff provided an update on the project and discussed several items in the first draft of the code. Since that time, staff released Draft 2, held a second meeting with the mixed use zoning task force, and hosted a city -wide open house on May 12 to get input on Draft 2. Staff started an update and discussion on Draft 2 at Planning Commission's meeting on May 20, 2010. There was not enough time to finish the discussion, which will be continued at the June 3, 2010 Study Session. Please bring your copy of Draft 2 to the June 3 Study Session. If you would like to request another copy of Draft 2, please do so by contacting Sarah Showalter at 303 -235 -2849 or sshowaltergci.wheatrid eg co.us Below is an outline of the items that staff would like your feedback on at the June 3 Study Session. 1. Auto - oriented uses • Staff recommends reducing the separation requirement for drive -thrus (fast food and non- fast food) to 500 ft. Staff is also proposing to exempt master planned mixed use development sites from the separation requirements. This is a way to incentivize land assembly and mixed use development. Please see the attached maps, which show the 500 ft separation for fast food and non -fast food drive -thru uses on Wadsworth Boulevard. • Staff recommends allowing indoor car sales as a conditional use in MU -C TOD and MU- N districts. • Staff recommends allowing gas stations in MU -N as a conditional use with a 500 or 1000 ft separation requirement. A map showing these two separation options is also attached. 2. Gas stations and build -to requirements • The MU -C and MU -C Interstate districts currently allow gas stations as a conditional use and staff is recommending that they be added as a conditional use to MU -N (with separation requirements). • New gas stations would need to meet the build -to requirements, which can be very difficult since (a) gas stations resist placing the building at the street with the gas pumps behind since customers do not see the pumps from the street; and (b) where a gas station is near a residential area, most residents would likely prefer to the have building — not the gas pumps — close to their property, which would be at the rear of the lot. • The City of Denver, in their recent zoning code update, addressed the same issue by allowing gas stations to count the canopy above gas pumps, in addition to a required screen wall (30" to 42" tall) along all street frontages, toward the build -to requirement. Staff is proposing a strategy similar to Denver's. It would encourage gas stations to meet the build -to requirements with an actual structure, but would also allow a combination of the canopy and a low screen wall, bordered by a 4' landscape buffer. Staff is also considering a requirement that the canopy must provide vertical elements such as columns to help meet the intent of the build -to. 3. Mixed use requirements for mixed large sites (over 5 acres) • Staff will be revising the language that requires 50% commercial square footage for sites over 5 acres to ensure that multi -story residential development is not precluded. Staff is also considering exempting the MU -N district from the requirement for commercial land use to be provided. • There is some concern from the task force the requiring mixed use development on large sites could be too restrictive, and we should rely on incentives only. Staff would like input from Planning Commission on this item. 4. Residential transitions: height restrictions • At the May 20 meeting, staff brought up the idea of restricting building height to 4- stories wherever a building would be within 100' of a residentially- or agriculturally -zoned lot with a residential use. This proposal was intended to incorporate a residential transition into the MU -C districts, which allow up to 8 -story buildings in some areas. • Staff prepared maps of proposed mixed use areas to examine how the 100' buffer would impact allowable building height for potential redevelopment sites. A couple of the maps are attached for your review, and more will be presented at the June 3` Study Session. Based on this mapping, staff recommends that the provision still be added to the code, but that it only apply where there is a single or two - family residential use. In other words, the 4 -story height limit would not apply where adjacent to multifamily development. 5. Development review process: fully administrative • Draft 2 calls for a completely administrative review process for new development within the mixed use districts. Any site that is over 10 acres or that has more than one phase of development would need to submit a Concept Plan prior to Site Plan review. • An administrative -only review process is an item that the task force has supported and indicated to be one of the strongest elements in the draft code for promoting redevelopment. There was concern at the open house, however, about removing public hearings from the development review process. Staff would appreciate Planning Commission's input on this item. 6. Parking maximums • There was some concern expressed by members of the task force that the parking maximums for restaurants (10 spaces per 1,000 SF in Draft 2) and for retail uses (5 spaces per 1,000 SF in Draft 2) could be too low for some national chain tenants. They indicated that some restaurants may want to go as high as 15 spaces per 1,000 SF and that some retailers may want to go as high as 10 spaces per 1,000 SF. Staff finds these ratios to be so high that they do not fit the intent of parking maximums, which ensure that tenants do no over -park a site and help promote a more pedestrian- oriented environment. • Lakewood's Colfax Mixed Use district has a maximum of 4 spaces per 1,000 SF for retail and 11 spaces per 1,000 SF for restaurants. Staff is considering increasing the maximum for retail to 6 spaces per 1,000 SF and to 12 per 1,000 SF for restaurants. 7. Provisions for nonconforming properties • Staff has made a concerted effort to ensure that properties that would become nonconforming if rezoned to the new mixed use zoning are not too restricted. Based on Draft 2, the following parameters would apply: - Nonconforming structures could expand by an unlimited amount, as long as the nonconformity (for example, no build -to) is not made any worse - Nonconforming uses may expand by up to 25% in floor area - We are also recommending that the zoning code is amended to allow any nonconforming use to rebuild if destroyed involuntarily. Currently Section 26 -120 does not allow a nonconforming use to rebuild, even if involuntarily destroyed. • Despite the above, some concern has been raised that the term "nonconforming" has a detrimental impact on a business's ability to obtain financing to renovate or rebuild a property. A lending institution may not take the time to research that the code actually allows a nonconforming use to rebuild and expand by a limited amount and in turn may not provide a loan to the owner. Staff will discuss this issue with the task force on June 2nd and would like to have a discussion at the June 3rd Study Session about potential options. Attachments: 500 ft radius maps for drive -thrus uses on Wadsworth Map of existing gas stations on 38` Avenue, with 500 ft and 1000 ft radii Maps showing the proposed 100' height buffer from residential uses, where the 4 -story height restriction might apply U) L If �� i rid L — C 1 T 2 �L Q L O p OO LL Lo co LL MCM M. 000aou L W L O U) O:3 L (n L HI O CL Q O Lo Z O U) 70 I 1 -- .� f ~ N c' k w 43RD PL ..�, W ' ' Ir.5 43RD AVEMN Non" j • ' - s" 42ND AVE 41 ST AVE ,• k . - «i �ac4Z --}1 39TH AVE tj 37TH A 36 -1T 4 n v - ��•. 36TH P�L� , 36TFI AVE ' 35TH PL 355TH V�E.. D OD 34TH PL 34TH PL 3 gTyp< ' 34TH AVE uj • • w w 33RD AVE. 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N C� •� I 3 U SA a � � E o ° s ° M i 0 +-+ N o r, 1;4- w x M City of W heat f�jdge COMMUNITY DEVELOPMENT Memorandum TO: Planning Commission THROUGH: Ken Johnstone, Community Development Director FROM: Sarah Showalter, Planner II DATE: May 26, 2010 (for June 3 study session) SUBJECT: Accessory Structures in Commercial and Industrial Zone Districts Introduction Chapter 26 of the Wheat Ridge Municipal Code does not allow accessory structures within commercial and industrial zone districts. Many property owners in the city have expressed interest in adding accessory structures — typically storage sheds or garages — to their commercial or industrial properties, but have not been permitted to due to the current regulations. Some commercial properties have non - conforming or illegal accessory structures, and some have obtained temporary use permits for accessory structures, which are only valid for one year and cannot be renewed. Amending the zoning code to allow accessory structures in commercial and industrial districts is on Community Development's list of zoning code amendments as a short-term priority. This memo outlines proposed code changes to allow for accessory structures in commercial/industrial zone districts. The memo is structured as follows: (1) Proposed standards for accessory structures in industrial and commercial districts (2) Proposed review /permitting process (3) Requested policy direction (4) Summary of research on how other jurisdictions treat accessory structures in commercial and industrial zones Proposed Standards for Accessory Buildings in Commercial/Industrial Zones Staff recommends that Section 26 -625 Accessory Buildings would be amended to include a section on accessory buildings in commercial and industrial zone districts. The following regulations are proposed: • Size limit: the total floor area of all accessory structures may not exceed 50% of the floor area of the primary structure. In no case may an individual accessory structure exceed 500 SF. • Max number: 1 for commercial districts; 2 for industrial districts • Location: May only be located in the required rear or side yard areas (not allowed in side yard areas adjacent to a public right -of -way). • Required setbacks: 5' side; 10' rear • Minimum required building separation: per building code • Maximum height: 12' W O N cl N C U) O Q O d U) 7 C U O E E O U L U (6 N O N O m E E U) N U C L (f1 T O U N O U U Q O E L U El C L O_ O) O C (B Co N L Y (D O> O p O O O T B (D E 0 E X U L U 7 E C O p U C U O m 3 Q L O L O O (B O O L O N U Q U N 0 p _ Q Q �n . 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