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Home My WebLink About12/16/2004Minutes of Meeting December 2, 2004 The regular meeting of the Wheat Ridge Planning Commission was called to order by Chair Plummer at 7:00 p.m,, in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. flvnnn�� Commission Members Present: Commission Members Absent: Jerry Scezney Kevin Witt Staff Members Present: Alan White, Community Development Director Meredith Reckert, Sr. Planner Ann Lazzeri, Recording Secretary 3, PLEDGE OF ALLEGIANCE Following is the official set of Planning Commission minutes for the public hearing of December 2004. A set of these minutes is retained both in the office of the City Clerk and in the Communit Development Department of the City ♦ Wheat Ridge. I H RN It was moved by Commissioner McMILLIN and seconded by Commissioner McNAMEE to approve the agenda as presented. The motion passed unanimously. APPROVE MINUTES — November 18, 2004 to approve the minutes of November 18, 2004 as presented. The motion passed 3-0 with Commissioner McNAMEE, PLUMMER and WESLEY abstaining and Commissioners SCEZNEY and WITT absent. Planning Commission Page I December 2, 2004 hm There were none present who wished to address the Commission during this portion of the meeting. A. Case No. Z1 A-03-18: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining • signage. At an earlier meeting, the Commission requested more research on how other communities address the following items: nonconforming signs, balloons/pennants/flags, off-premises and political signs. Meredith Reckert reviewed the staff report that contained the requested information. There was discussion regarding a time limit on the display of political signs, especially after an election is over. INVIAM111101 t!4 iew N Commissioner McMILLIN did not agree that the 15-day time limit should apply to primary election signs. Commissioner STEWART expressed concern about the necessity and enforcement of time limits. The motion failed 3-3 with Commissioners CHILVERS, McMILLIN and STEWART voting no and Commissioners SCEZNEY and WITT absent. Replacement of nonconforming sign issues was discussed. Amortization issues were discussed. Alan White will discuss these issues with the city attorney and will also survey other cities • see if they have amortization for nonconforming signs. There was a consensus that nonconforming signs can stay unless there is damage of more than 50% or a substantial increase in square footage of the business. There was a consensus to accept banner regulations as outlined in the staff report; however, there was discussion about limiting the size of a banner that stays up all the time to one-half the size allowed for a permanent wall sign. Milton Tedford Mr. Tedford, owner of 42 West, stated that he appeared in municipal court and paid a hundred dollar fine for having an off-premise sign for his apartment complex. The sign had been in place for over twenty years and Mr. Tedford thought it was legal until he recently received a notice from the city telling him it was illegal. In checking his files, he did find evidence of Planning Commission Page 2 December 2, 2004 There was discussion about the problem of setting a precedent if this sign is allowed. Alan White mentioned that other off-premises signs have been cited and removed. He also explained that variances cannot be allowed for something that is prohibited in the code. While the Commissioners were sympathetic to Mr. Tedford's situation, they did not believe the sign was legal just because code enforcement action was not taken until recently. It was moved by Commissioner McMILLIN and seconded by Commissioner WESLEY to reaffirm the city's ban on off-premise signs. The motion passed 6-0 with Commissioners SCEZNEY and WITT absent. • Commissioner McMILLIN stated that he would like to see the proposed lighting ordinance address commercial issues only and not address single family and duplex lighting (front porch lights) at this time. 9. NEW BUSINESS There was no new business to come before the Commission, 10. COMMISSION REPORTS There were no commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee and department reports. Phil Plummer, Chair W , r 11K$qQ##1#1Zq4 Rig City of Wheat Ridge Community Development Department Memorandum SUBJECT: Case No. ZOA 04-04, Outdoor Lighting Standards This Case is: Quasi-judicial X Legislative This is a public hearing item and the required public notice was given. TApT7777MMnierest in serving on Me committe The committee met five times starting in September. The attached ordinance contains the revised lighting standards as recommended by the committee. The ordinance proposes measurement-based standards for both residential and non-residential lighting. The ordinance, was reviewed by Plannin Commission in a study session at the last regular meeting. Summary of Ordinance At the study session, Planning Commission asked for a few pieces of information regarding the proposed lighting ordinance. The requests were as follows: 1. Further define 'low-wattage' in the ordinance. Research the Uniform Building Code and confirm if a definition for 'low wattage' exists. 2. Several comments were made in regard to existing street lights and pedestrian (streetscape') lights. A few Commissioners felt that it was necessary for the City to retrofit the existing lights so they would comply with the proposed ordinance. • This change can be made to the proposed ordinance; however it will render all existing canopies exempt from the amortization schedule. Staff feels that the existing canopies are one of the largest offenders and by not amortizing the existing canopies, we will perpetuate these offenders indefinitely. Planning Commission can make this recommendation at the hearing. Suggested Motion W11W111 "I StURTUNS, I Or Me jot clFilli • 1. The existing lighting standards are not quantifiable and difficult to enforce. 2. A problem concerning light pollution has been identified, and staff feels more strict regulations are needed, I The proposed changes should diminish light pollution and allow staff to identify offenRers." INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2004 TITLE: AN ORDINANCE REPEALING AND REENACTING SECTION 26-503 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING EXTERIOR LIGHTING STANDARDS. WHEREAS, the effects • improperly directed and excessive ligbting include the visual impairment of motorists, bicyclists, and pedestrians and the trespass of light to adjacent properties; and WHEREAS, practical and effective measures exist to minimize the obtrusive aspects of excessive and careless outdoor light usage, while preserving safety, securit and the nighttime use and enjoyment of property; and WHEREAS, effect regulation of outdoor lighting can increase the usage of energy-efficient light sources and decrease the amount of energy consumed by inefficient and inappropriately directed lighting; and WHEREAS, The City Council desires to enact measures that will curtail the direct appropriate amounts of light where and when it is needed; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COLNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-503 of the Wheat Ridge Code of Laws is hereby repealed in its entirety. Section 2. Section 26-503 of the Wheat Ridge Code of Laws is hereby reenacted as follows: Section 26-503. Exterior Lighting Standards WIN, I WWI .9 'two - " A- 1 1kk 1 i 1 6 NOW@ 11.4 vim B LightingStandardsfor Single and Two Family Uses, 1. t) =site spill shall be limited to a maximum of 0.1 foot-candle fifteen (15) feet past the property line on any adjacent non-residential property, and 0.1 foot-candle five (5) feet past the property line adjacent to residential property or public right-of-way, as measurable from any orientation of the measuring device. 2. Maximum allowable pole height for pole-mounted lighting shall be 20 feet in the R-1, R R-113, R-IC, and R-2 zone districts and in the A-1 and A-2 zone districts. 3. Lights one hundred (100) watts and less per fixture, fluorescent lights forty (40) watts and less per fixture, gas-fired fixtures and lights used for holiday decorations are exempt from the requirements of the section. All outdoor lighting for all uses other than single and two family uses shall meet the following standards: I External and internal lighting shall • shielded such that the source • illumination (bulb or direct lamp image) is not visible from any adjacent property, except for Director approved limited decorative lighting, approved streetscape lighting, or as otherwise provided herein. 2. Off-site spill shall be limited to a maximum of 0, 1 foot-candle fifteen (1 feet past the property line ♦ any adjacent non-residential property, and 0. 1 foot-candle five (5) feet past the property line adjacent to residential property or public right-of-way, as measurable from any orientation of the measuring device. 4. If the bulb position within a fixture is vertical, any or all of the following may be required: • A high socket mount, • A translucent fixture lens, Other industry accepted measures, to en re that the fixture's IES classification as a true cut-off is not corn ised. N 6. The lighting of a build ade for architectural, aesthetic, or decorative purposes is permitted subject to the following restrictions, unless otherwise approved through the Final Development Plan or Site Plan process: a. Upward aimed building fa�ade lighting shall not exceed nine hundred lumens. All upward aimed light shall be fully shielded, fully confined from projecting into the sky by eaves, roofs or overhangs, and mounted as flush • a wall as possible. b. Building faqade lighting exceeding nine hundred lumens shall be fully shielded, aimed downward, and mounted as flush to the wall as possible. c. Building fa�ade lighting shall be fully contained within the vertical surfYce of the wall being illuminated. d. de lighting that is measurable at the ground level shall included in the maximuin allowable light levels. I 7. Non IES approved cut-off fixtures which use incandescent bulbs of 150 watts or less may be permitted to illuminate landscape plantings, pedestrian walkways, signage, or product display areas. 9. All fixtures mounted within 15 feet of any residential property line or public right-of-way boundary of the site shall be classified as IES Type 111, Type IV or Type F (asymmetric forward throw) and shall be fitted with a "house side shielding" reflector on the side facing the residential or public right-of- way property line. 10. Acceptable bulb types: • Low Pressure Sodium I High Pressure Sodium Incandescent D, Prohibitions No person shall install any of the following types of outdoor lighting fixtures: 1. Mercury vapor lamps 2. Blinking, flashing or changing intensity lights and lighted signs, except for temporary holiday displays. outdoor lighting may • used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares, including but not limited to: 5 Laser source light or any similar high intensity light for outdoor advertising or entertainment when projected above the horizontal. E. Special Lighting Situations 1. Parking Lots Maximum foot-candles shall not exceed ten (10) foot-candles for parking lot areas. Maximum foot-candles shall not exceed five (5) foot- candles for parking lot lighting adjacent to residential uses. 2. Display Lot or Storage Areas Associated with such uses as auto sales TTlaximum on-site toot-canUfe not exceeb "F7ZffVYT-, , for special display areas adjacent to streets and ten (10) foot-candles for all other areas or rows. 3. Canopies a. Maximum foot-candles shall not exceed thirty (30) foot-candles under canopies of service stations and convenience stores or similar 0 approved uses, including luminaries mounted under the canopy and lighting within signage or panels over the pumps. b. Maximum foot-candies shall not exceed twenty (20) foot-candles under drive-through canopies or awnings. c. Lighting for all canopies shall be installed such that the bottom of the light fixture or its lens, whichever is lower, is recessed or mounted flush with the bottom surface of the canopy. All light emitted by an under-canopy fixture shall be substantially confined to the ground surface directly beneath the perimeter of the canopy. 5. Building Entryways Maximum on-site foot-candles shall not exceed ten (10) foot-candles in areas adjacent to building entryways. Said 10 foot-candle maximum shall 6. Street Lighting Lighting installed within the public right-of-way, including street lights and pedestrian lights, is not subject to the requirements of this Section. A lighting plan shall be submitted with any building permit application except for a one • two family structure • an individual lot, in which outdoor lighting is proposed or required. The lighting plan shall include: 9 2. Special Amortization RLquirements: Notwithstanding the five-year amortization period set forth above, the following types of fixtures or bulbs shall be replaced, sooner, as follows: a. ReIllacement of Unshielded Mercury Vallor Light Fixtures: Existing unshielded mercury vapor light fixtures shall be removed or replaced with a light that meets the requirement of this section December 31, 2006. 1 b. Replacement of Bulbs: To the extent that compliance with this section can be achieved by replacement of a light bulb, the light bulb shall be replaced with one that meets the requirements of this section upon its failure or on December 31, 2005, whichever is earlier. n c. Aiming of Fixtures: To the extent that compliance with this section can be achieved by reaiming a fixture, such fixture shall be rtaimed by December 31, 2005. d. All lights for non-residential uses adjacent to residential uses must be retrofitted with shielding in a manner such that the light cM nforms with IES criteria for true cut-off fixtures by December 31, 2005. H. Definitions Foot-candle — A unit of illuminance being one lumen per square foot. It is t luminous flux per unit area in the imperial system. One foot-candle equals approximately Glare — The sensation produced by a bright source within the visual field that is sufficiently brighter than the level • which the eyes are adapted to causeannoyance, discomfort, or loss in visual performance and visibility; blinding light. The magnitude of lare delcends on such factor 4akiwa the brightness level to which the eyes are adapted. 0 IESNA — The Illuminating Engineers Society of North America. Illuminance — The amount of light falling onto a unit area of surface (luminous flux per unit area) measured in lumens per square meter (lux) or lumens per square foot (foot-candles). Illumination Engineer — A professional engineer having received training in the art/science of illumination. rMM=RMMRM�M1HMMMMEM= Lux — One lumen per square meter. Unit of illuminance. It is the luminous flux pel • -candlt e metric sv%tein. (rte lux eouals annroximatelv 10 (10.8) foot Outdoor Light Fixture — An outdoor illuminating device, outdoor lighting or portable, used for illumination, decoration, or advertisement, Such devices shall include, but are not limited to, lights used for: • 0.1 (H) Building or structure decoration; • •�� ME.• � (K) Floodlight. Recreational Facilities — An area designed for active recreation, whether publicly or *rivat*�#.w11,K4-Jq1111 11 1 ii;ll! FUJI] %fil • fields, golf courses, tennis courts, and swimming pools. Searchlight — A lighting assembly designed to direct the output of a contained lamp in a specific tightly focused direction (a beam) with a reflector located external to the lamp, and with a swiveled mount to allow the assembly to be easily redirected. Such lights are used commonly to sweep the sky for advertisement purposes. Spotlight — A form of lighting fixture designed to direct or project a spot of light 'AW and which will not be used for more than one thirty (30) day period within a calendar year, with one thirty (30) day extension. Temporary lighting is intended for uses which by their nature are of limited duration, for example holiday decorations, civic events, or construction projects. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court • competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. M Section 5. SWersession Clause. If any provision, requirement or standard *rdinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code ot Laws ot the City ot Wheat Nidge, wnicT�arem existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 6. Effective Date, This ordinance shall take effect _ days after final Publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to on this - day • , 2004, ordered published in full, in a newspaper • d P f general circulation in the City of Wheat Ridge anublic Hearing and consideration • final passage set for 2004, at 7:00 o'clock pm., 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 2004 SIGNED by the Mayor on this _ day of .2004 I= NIN00= I st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: H