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Planning Commission Page 1
Y 6„ 2004
A. Cast No. WZ-04-01: An application filed by Dr. Michael Freirmith for approval of a
rezoning from Residential One to Planned Commercial Development and ap• roval of
an outline and final development plan for property located at 10135 West 38 Avenue.
B. Cast No.,-MS-04-02-. An application filed by Dr. Michael Freimuth for approval of ;Z,
final plat for property located at 10 13 5 West 3 8 Avenue.
These two cases were presented by Travis Crane. He entered all pertinent documents into the
record and advised the Commission there was jurisdiction to hear the cases. He reviewed the
staff report and digital presentation. Staff recommended approval of both cases for reasons and
with one conon as outlined in the staff report.
area o o-i6
provide a natural boundary.
Commissioner McMILLIN asked if staff was aware of any future development to the east of
the subject property. Travis Crane stated that there have been preliminary discussions with a
to
the subject case.
Commissioner PLUMMER asked if staff had received any objections from R-1 property
owners to the west. Travis Crane replied that the property owners have not objected and, in
fact, have taken preliminary steps to rezone the property.
John Garner
234 Columbine Street, Denver
Mr. Garner, architect for the applicant, was sworn, in by Chair PLUMMER. He concurred with
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Planning Commission Page
MAY 6, 2004
the staff report. He stated that site lighting and signage will be in compliance with ci
standards. I
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It was moved by Commissioner McMILLIN and seconded by Commissioner STEWART
to recommend approval of Case No. WZ-04-01 (A), a request to rezone from Residential
One to Planned Commercial Development for property located at 10135 West 38
Avenue, for the following reasons:
1. The change in zone will be in conformance with the City of Wheat Ridge
Comprehensive Plan goals, objectives and policies.
2. The proposed use is compatible with the surrounding area.
3. The change of zone will not adversely affect the public health, safety or welfare.
With the following condition:
1. A note shall be added to the Outline Development Plan that reads: "Tracts A and
B are non•buildable tracts and may be used as pedestrian walking trails and open
space."
The motion passed 6-0 with Commissioners MrNAMEE and WESLEY absent.
It was moved by Commissioner SCEZNEY and seconded by Commissioner WITT to
recommend approval of Case No. WZ-04-01(B), a request for approval of a Final
Development Plan for property located at 10135 West 38 Avenue, for the following
reasons:
1. The requirements of the City's Planned Development Regulations have been met.
2. The Final Development Plan meets the development standards set forth in the
approved Outline Development Plan for the site.
The motion passed 6-0 with Commissioners McNAMEE and WESLEY absent.
It was moved by Commissioner 'T WART and seconded by Commissioner McM ILL IN
to recommend approval of Case No. MS-04-02, a request for approval of a Final Plat for
Planning Commission Page 3
MAY 6, 2004
property located at 10135 West 38' Avenue, for the following reasons:
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1. The requirements of the City's Subdivision Regulations have been met.
2. All required utility easements are being provided.
3. Adequate infrastructure will be constructed with the development to serve the
proposed use.
The motion passed 6-0 with Commissioners McNAMEE and WESLEY absent.
Commissioner WITT commended Commissioner McMILLIN for his presentation to the
Commission at the last meeting regarding lighting standards.
• Meredith Reckert reported that staff is presently working on lighting standards, landscapi
regulations in response to the drought plan, and the sign code.
• Commissioner McMILLIN commented that he has learned a developer is planning a
residential development for the Wide Horizons property. I
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It was moved by Commissioner McMILLIN and seconded by Commissioner STEWART
to adjourn the meeting at 7:45 p.m.
Phil Plummer, Chair
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Planning Commission Page 4
MAY 6, 2004
City of Wheat Ridge
Community •• Department
Memorandum
February 2001: A new sign code is adopted as Article VII of "the planning and development code,
(Exhibit A, sign code)
Planning Commission made the following recommendations.
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The chart lists the types
• signs down the left-hand side. Across the top, the following sign
characteristics are identified: whether the sign type is permitted, whether a permit is needed for
installation, maximum size and height, maximum number, minimum setbacks and other
requirements. A sign is permitted to be illuminated unless designated otherwise under "other
requirements".
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Public and semi-public signs: This category combined public, semi-public and public
information signs. No major changes. "Activities" are now referred to as "organizations
attractions". I
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remedies set forth in sectionn 2b-T_#AI#LJP_L
have removed, the following signs after posting of a notice at least twenty-four (24) hours pnOr to removal upon
the premises where such sign(s) is located.
A. Signs which are prohibited pursuant to section 26-708.
B. Unlawful "temporary" or "portable" signs.
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(Ord. No. 2001-1215, § 1, 2-26-01)
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Sec. 26-706. Signs exempt from permit requirement
The following are exempt from application for permit. however, they are subject to all other provisions of this
article:
F One (1) temporary construction sign per use per street frontage which advertises the proposed new
use of the premises or any number of signs which are necessary for safety on the premises or on a
temporary protective fence around a building being constructed, repaired, altered or demolished;
provkfed, that the area of each sign does not exceed thirty-two (32) square feet and is no higher than
eight (8) feet
G Temporary signs attached to I door or window areas announcing special sales and features for a
period of two (2) weeks in advance and during such special sales and features; provided, that the signs
do not exceed fifty (50) percent of the window area.
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K. Informational signs which are accessory to the primary use (i.e,, 'restrooms,� "no smoking," "wheel
chair entrance,' etc.), or direclional (i,e,, "in," �out* "ramp," "drive-thru.* etc.) are exempt from a sign
permit subject to the following standards:
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G . A n in , %ated signs, including revolving. whirling, twirling or any other sign which uses motion, eith-M
implied or actual. Barber poles not exceeding five (5) feet in length and not roof-mounted and time a
temperature signs are permitted; provided that the bn** lapse between the time and temperatu
informatiory switich is not less than Meen (15) seconds, 1 1
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Sec. 26-709. Permitted signs; specifications and regulations.
A. Animated. Size of sign is based upon the sign type (i,e., freestanding, wall or projecting).
C Freestanding—Residential districts.
1. Permitted only for nonresidential, nonagricultural and multiple-family uses.
Z Maximum sign area is two (2) square feet for each one thousand (1,000) square feet of lot area, with
a maximum
• thirty-two (32) square feet per sign,
3, Maximum of one (1) per street frontage. I
4. Maximum height in R-1, R-IA, R-I B R-I C, R-2, R-2A and A-1, districts, six (6) feet.
5. Maximum height in R-3, R-3A, and PRO districts, without commercial uses, twelve (12) feet.
6. Maximum height in PRO District, with commercial uses and for commercial uses only, twenty-five
(25) feet
T Must be set back a minimum of ten (10) feet from any property line.
8. May be illuminated.
D. Freestanding—Nonresidential districts.
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2 Over one hundred (100) feet from a residential structure, any type of lighting source is allowed,
except search or flashing lights, provided that A shall be shaded, shielded or directed so that the light
shall not adversely affect surrounding premises or safe vision on public or private roadways, including
highways.
2. Maximum area: Six (6) square feet.
3, One (1) per street frontage, but no more than two (2) per development
4 Must be set back a minimum of ten (10) feet from any street right-of-way line if over thirty-six (36)
inches or two (2) feet if under thitty-SIX (36) inches high.
5. Must be anchored to the ground or weighted sufficiently to prevent movement by wind.
4. Projecting and wag sign not pertnissible on same wall.
5. Maximum number One (1) per street frontage.
H, Public. Direction and other official signs or notices within the right-of-way that are required or authorized by
law only.
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c. Monument-type signs must • set back onto the prop" a minimum • ten (10) feet, unless
incorporated into a traffic island entrance, then twenty-five (25) feet back from face of street curb
and three (3) feet from edge of tratfic island.
d. Fence or wall-4noxporated-type signs may be placed parallel with and at property line
following the same height and sight distance requkOhOrits as for a wall or fence.
3. For sale or lease signs shall not be illuminated and shall be no larger than nine (9) square feet for
- and two-family dwelling residential uses and no larger than fifty (50) square feet for all other useer
One (1) per street frontage allowed.
4. Banners are permitted for any nonresidentially zoned or used property to advertise special events or
sales subject to the following provisions:
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c. Roof mounting is permitted,
d. Notwithstanding any provisions of this article to the contrary, signs regulated pursuant to this
subsection shall be required to obtain a temporary sign perrTfit,
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4. May not extend more than fifteen (15) inches beyond the surtace of the wall and may not extend
beyond the side of the wall.
5. Commercial, industrial, multiple-family, public and sernipublic uses onty.
(Ord. No. 2001-1215, § 1, 2-26-01)
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(Ord, No. 2001-1215, § 1, 2-26-01)
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1 For the purpose of this subsection, the city is divided into two (2) billboard districts. B-1 , and B-2,
shown on the official billboard zoning map of the city and incorporated herein as seen below. i
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is made available to the departrment of planning and development.
B. B-1 district. On and after January 1, 1996, billboards are prohibited in the B-1 district
C, B-2 district.
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PROCESS
All proposed changes to the sign code would have to be formalized as zoning ordinance amendments
requinng public hearings in front of Planning Commission and City Council. Once this has been
completed, the enforcement would begin. The type of sign code changes that occur will dictate the
extent of the enforcement efforts.
There have been suggestions for creation of a task force, which would include staff, industry
representatives and local business owners. I'm not sure this would be the most efficient way to go.
FLAGS
The existing code of laws recognizes only city, state and national flags as being allowed. They are
exempt from permitting requirements. There are no number or size restrictions for flags but the
flagpole on which they are mounted cannot exceed 35' of height. It is specified in the sign
regulations, that flagpoles meet the setbacks of the zoning district.
Other cities categorize flags as exempt from permitting; but there doesn't appear to be a "standard"
across the metropolitan area for size or number. The following are the regulations from cities in the
area:
My recommendation is to allow in commercial and industrial zones, one flag in addition to the city
state and national flag. The business flag would be allowed on a separate pole (limited to 35' in
height) and may bear a copyrighted insignia or symbol of the user • the primary permitted use. F
not sure what maximum size should be allowed but we can discuss this. I
The sign code allows banners for temporary events with no maximum time allowance. Permants
streamers and balloons are allowed for up to 30 days each year. Temporary signs are also allowe
but there is no time limit specified for these types of signs.
The following are the regulations from cities in the area:
The Uniform Sign Code recon that temporary signs not exceed 100 square feet in size and
that they be allowed for a maximum period of •0 days per year. There are also specific
requirements for wind resistance and attachment.
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The Community Development staff is in the process of evaluating changes to the existing sign codo
PROPOSED SIGN CODE AMENDMENTS:
FLAGS (Section 26-706 A.)
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The sign code allows banners for temporary events with no maximum time allowance. Pennants,
streamers and balloons are allowed for up to 30 days each year. Temporary signs are also allowed,
but there is no time limit specified for these types of signs.
TO:
Planning Commission
FROM:
Meredith Reckert
SUBJECT:
Sign Code Revisions
DATE:
October 30, 2003
The Community Development staff is in the process of evaluating changes to the existing sign codo
PROPOSED SIGN CODE AMENDMENTS:
FLAGS (Section 26-706 A.)
15929 • qn- 11111
The sign code allows banners for temporary events with no maximum time allowance. Pennants,
streamers and balloons are allowed for up to 30 days each year. Temporary signs are also allowed,
but there is no time limit specified for these types of signs.
Staff's original recommendation was to make the provisions for banners the same as for pennants
(30 days per year in one or two events). The allowable banner size would be consistent with the wall
signage formula (one square feet of banner for every linear foot of wall length). Permits would be
required for the erection
• both banners and pennants.
To solicit input regarding the changes, staff distributed 1700 flyers to all businesses in the
community. Exhibit I is the flyer that was sent with the proposed changes, as well as an explanation
of the current regulations. Many business owners commented that banners are an inexpensive way
to advertise special events or to be used as sign age for their business.
An alternative to staff's original recommendation would he to allow each business one banner per
street frontage with no time limitation. This would give the business owner flexibility as to how the
banner would be used and would be much easier for staff to administer without the need for an
elaborate tracking system.
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City of Wheat Ridge
Community Development Department
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M emorandum
TO:
Planning Commission
FROM:
Meredith Reckert
SUBJECT:
Case No. ZOA-04-05/Landscape Regulations Modifications
DATE:
May 14,2004
The following are proposed amendments to the existing landscape regulations in the zoning and
development code. Deletions are shown with XX7 eps-an new language is in bold typeface.
All proposed modifications are shown with sbw�oi
Staff is in the process of checking with other cities' landscape ordinances for comparison purposes.
A handout with our findings will be available at the study session.
Section 26-502.B. (pa• e 1): Modifies the requirement for approval of landscape plans from
institutional land uses to public/semi-public land uses. Removes the reference to the city
arborist.
* Section 26-502.B.4.c. (page 2): Adds the requirement to identify materials to be used "I
non-living landscaped areas.
Section 26-502.C.I. (page 2): Increases the maximum amount of non-living landscaping
from 20% to 50%.
• Section 26-502.0.3. (page 2): References landscaping "in" the right-of-way, not "on" the
right-of-way.
Section 26-502.C.4. (page 2): Modifies reference from the UBC to the "adopted building
code".
Section 26-502.C.5. (page 2): Requires all new landscaping installed to be served by drip or
subsurface irrigation system which is zoned based on plant type. Requires an automatic rain
shut-off-device. Something to consider is whether we should require wind sensors too.
• Section 26-502.0.9. (page 3): Requires compliance with water district regulations for
watering.
• Section 26-502.C.10. (page 3): Prohibits HOA's and restrictive covenants from prohibiting
water wise landscaping.
• Section 26-502.D.I.c. (page 3): Limits the amount of turf allowed for new single and two-
family residences to 50%.
• Section 26-502.D.2.e. (page 4): Limits the amount of turf allowed for new multi-family
projects to 30%.
• Section 26-502.D.3.e.4. (page 4): Limits the amount of turf allowed for new commercial
projects to 30%.
Section 26-502.G.3. (page 6): Requires the adjacent owner to maintain landscaping in the
right-of-way.
# Section 26-502.H. (page 6): Removes reference to the city forester.
Section 26-502.1. (page 6): Removes reference to the city forester,
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May 20,2004 Planning Commission study session
Sec. 26-502. Landscaping requirements.
Sidewalks, whether paved or gravel, which serve as functional links between parking
areas and main structures, • which serve as general public access routes around a main
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landscaping. Other sidewalks or paths which serve as casual access to or through
landscape areas may be counted a nonliving landscape features.
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use. The plan shall be approved by the director of community development
Thefollowing information shall be included in the
ptlan:
2. Topographic contours and spot elevations on final grading plan adequate to identify
and properly specify landscaping for area needing slope protection.
3. Location • property lines with dimensions, adjacent streets and right-of-way,
drainage features, building and structures, parking, loading and vehicular circulation
areas, driveways, underground and/or overhead utility lines, and traffic sight distance
triangles.
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b. The locations, types, sizes and quantities of proposed plant and other materials.
Common and botanical names shall be idented adjacent to all plant material or by use
of a key and legend.
c. The location, size **440s and treatment of non-living
areas.
I Any combination of two (2) or more of the following: grass, flowers, shrubbery,
shall be maintained in an orderly manner. The use
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2. The growth of any plantings or the erection • any landscape structure • berm is
regulated by section 26-603B.
I Except for approved street trees, the landscaping required S tl the right-of-way
between the property line and the curbline shall not be permitted to obtain a height
greater than thirty-six (36) inches above the level of the roadway.
5. All 00 landscaped areas shall be served by a functioning automatic #J4*
sa�� irrigation system, except on individual single-finnily and duplex residential
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D. District requirements:
1. Single- and two-family residential uses:
a. One (1) street tree per seventy (70) feet (or portion thereof) of street frontage to
aced within the frnt setback p p
rio r t o issuance o f the certificate o f o ccuancy. This
shall not be construed to mean trees placed seventy (70) feet on center. I
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b. No less than twenty-five (25) percent of the gross lot area and no less than one
hundred (100) percent of the front yard (exclusive of driveway and sidewalk access
to the home) shall be landscaped.
b In addition to trees required based upon public street frontage, one (1) tree and fi
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c. Except for pedestrian and vehicular access, the minimum required front yard shall
be fully landscaped.
d. Landscaping shall not be less than thirty (30) percent of the total lot area.
a, Required within the minimum building setbacks abutting public rights-of-way: one
deciduous or evergreen, for every thirty (30) feet (or portion thereof) of street
frontage. This should not be construed to mean trees placed thirty (30) feet on center.
b. In addition to trees required based upon public street frontage, one (1) tree and fi , "
(5) shrubs are required for every one thousand (1,000) square feet • required landscap
area. I
c. Required landscaped areas shall be as follows:
(1) Landscaping shall not be less than twenty (20) percent of the gross lot area.
(4) (5) Additional requirements may apply if the project is located in the Streetscape
Overlay District.
d. All nonresidential uses located adjacent to residentially zoned areas •
agriculturally zoned areas shall provide a screened or landscaped buffer area consisting of
either
• both of the following:
(1) A six-foot high solid fence or landscaped hedge with a mature height of six (6) feet;
or
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(2) A strip • land at least fifteen (15) feet wide planted with a variety of vegetation an4
a minimum density of one (1) shrub or tree, per every two (2) linear feet of buffer area
adjacent
• the residential or agricultural zoned property.
Nothing contained in this section shall prohibit any landowner from landscaping in
excess of the minimum requirements stated berein, either on their property or within
public right-of-way, if approved by the public works director; however, offsite
landscaping cannot reduce the onsite requirements.
E. Landscape buffering for parking lots.
I . Whenever a parking lot boundary adjoins property zoned for low- or medium-
density residential use, or if zoned agricultural but developed as residential, a landscape
buffer of six (6) feet from said lot boundary shall be required. Within the six-foot
landscape buffer, a six-foot-high view-obscuring fence, decorative wall or landscaped
hedge with a natural height of six (6) feet shall be, provided. In addition grass or other
acceptable groundcover or trees and/or shrubs shall be planted within the landscape
buffer areas as approved • the director of community development through a landscape
plan.
2. When a parking lot is placed between the public right-of-way and the structure(s), a
screening of the parking area shall be established between the riglit-of-way and the
parking area. This view-•bscuring screen shall • composed of live plantings, benns,
fences
• walls, or a combination thereof The height of the screening shall be subject to
the sight distance triangle requirements. See section 26-603.
F. Plantings.
NEEZU=MMM =-plant and other materials:
f Mulch: A minimum of three (3) inches in depth in areas protected from wind
erosion.
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g. River rock. A minimum • one (1) inch to two (2) inches in size and at least three
(3) inches in depth over a weed barrier groundcover.
h. When required in the Streetscape Overlay District, street trees within or adjacent to
pedestrian walkways shall be a minimum of three (3) inches in caliper with a minimum
of seven (7) feet of head clearance to the lowest branches.
G. Maintenance.
1. The developer, its successor and/or the property owner shall • responsible for
regular weeding, irrigating, fertilizing, pruning or other maintenance • all plantings as
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the removal and replacement • such required landscaping where dead, diseased •
damaged landscaping is found.
H. Accepta the community development
director Street trees in the Streetscape and
Architectural Design Overlay districts shall conform to the plant list contained in
the streetscape and architectural design manual.
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2. Minor changes in the approved landscaping plan may be made with the approval
eie otal area of Wandisgaingis not reduced
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