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Home My WebLink AboutZOA-96-6NOTICE OF PUBLIC BEARING Notice is hereby given that a Public Bearing is to be held before the City of Wheat Ridge Planning Commission on June 6, 1996 at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. Case No. ZOA-96-4: Amendment to Wheat Ridge Code of Laws, Zoning Ordinance, Section 26-5. Definitions, regarding "EXOTIC ANIMALS" as "HOUSEHOLD PETS". 2. Case No. ZOA-96-5: Amendment to Wheat Ridge Code of Laws, Zoning Ordinance; Section 26-19. Agricultural-Two (A-2) District Regulations regarding the keeping of "POTBELLIED - PIGS" as a permitted use. Case No. ZOA-96-6: Amendment to_Wheat Ridge Code of Laws, Zoning Ordinance, Chapter 26-5. Definitions, regarding "Telecommunications Facilities" and amendment to Wheat Ridge Code of Laws, Zoning Ordinance, Chapter 26-20. Restricted Commercial-One (R-C1) District regulations regarding "Telecommunications Towers" as a special-use.. ~~~~.~ ~ _ Sandra-Wiggins,- S tart' ATTEST: Wanda Sang, City Clerk To be Published: May 10, 1996 wheat Ridge Transcript b:\d6696.phn W H E A T 7500 W EST 29TH AVENUE RAX# (303) 235-2857 F A S I ~I I \~ ~~ From: +~~ (~"~f~,~7~ Date: ~ ~O ~ ~ No. of Pages 7' - (not including co~~er sheet3 R I D G E WHEAT RIDGE, COLORADO 80215 Comments: (, - `~ tf .-- ~\ % J ~~, ~~r.~ ~r 9 l~ r ~ cY ,~~ ~~ ~~ ~u ~ ~ I ,~ ,/~ ~ .~-~ c/IWE ~ ' 1. p`I .r p, V~ I~ ~ TT ~~, u `' ~h ~ ~~~ ~ ~ ~. ~~.; ~~ , ' `1 P~Ylii fipByA ~~~~n(~~- PL.:~NNINC A1'D 7. (1;Vf~G }'ARKS :~hD RF.CRE:1't10~ PI [31_I(' Vl~ORK~I i:~~;) ~'; ?Rlo XP Office3et Personal Printer/Fax/Copier Identification es t 99852823 No answer Fax Log Report for DEVREVFAX 303 235 2857 May-30-96 02:21 PM Paste 3~ pale. Tiffie uratio Diagnostic 00 Sent May-30 02:21P 00:00:00 002080000000 >w.o MEMORANDUM To: Panning Commission From: eredith Reckert, Planner Re: Case No. ZOA-96-6ITelecommunication Towers Date: May 29, 1996 F WHEgJ 0 ~ ~o c+ v m ~OCORP~~ Attached please find staff's recommended additions to the Zoning Ordinance regarding telecommunication towers. In summary, the changes will result in the following: 1. Creating definitions for towers and accessory structures 2. Establishing where towers and antennas can be placed 3. Establishing guidelines for placement of towers and antennas Suggested motion: "I move that Case No. ZOA-96-b, an amendment to the Wheat Ridge Code of Laws regarding Telecommunications Facilities, be forwarded to City Council with Planning Commission's recommendation for approval". Section 26-25: DEFINITIONS 1. Freestanding telecommunication facility: A service facility that consists of a stand- alone support facility (monopole or lattice structure), antenna and associated equipment storage. 2. Roof or building mounted accessory antenna: A telecommunications facility in which antenna are mounted to an existing building roof or building face. This does not include telecommunications accessory buildings. 3. Telecommunications accessory building: An unmanned building used to house equipment associated with a telecommunications facility. 4. Telecommunications site: An unmanned facility consisting of equipment for the reception switching and transmission of wireless telecommunications, including, but not limited to radio, television, cellular telephone and similar technologies. Sections 26-10 through 26-24: USE REGULATIONS 1. Roof or building-mounted accessory antennas shall be an accessory use in all zone districts in the City of Wheat Ridge. 2. Freestanding telecommunications facilities and accessory buildings shall be conditional uses in all zone districts in the City of Wheat Ridge. Memo to Planning Commission May 29, 1996 Section 26-30: GENERAL REGULATIONS Page 2 1. A building permit is required for installation of all telecommunications towers and antennas. The design and engineering of all towers and antennas must meet the applicable provisions of the City's building codes. 2. Telecommunications towers shall be designed to maximize efficiency to allow co- loration on a single lattice or monopole. 3. Telecommunications towers excluding antennas cannot exceed the maximum building height limit of the zone district in which the tower is located. 4. All freestanding towers and accessory structures shall meet the required building setbacks of the zone district in which they are located. 5. All telecommunications accessory buildings are limited to 400 square feet of gross floor area and 12 feet in height. 6. Roof and building-mounted antennas shall be screened and/or colored to match the building to which they are attached. 7. Freestanding telecommunications towers shall be visually screened from adjacent residential development and public rights-of--way. The exterior finish and color of telecommunications facilities shall be compatible with adjacent development. Specific requirements for screening, landscaping and/or exterior building finishes shall be determined by the Zoning Administrator on a site by site basis. It is not the intent of this paragraph to require total screening. 8. Telecommunications facilities which are abandoned by disconnection of power service, equipment removal or loss of lease for greater than six months, shall be removed by the telecommunications facility owner. MR:slw PUBLIC HEARING SPEAKERS' LIST CASE NO: ZOA-96-6 DATE: June 6, 1996 REQUEST: Amendment to Wheat Ridge Code of Laws, Zoning Ordinance, Chapter 26-5. Definitions, regarding "Telecommunications Facilities" and amendment to Wheat Ridge Code of Laws, Zoning Ordinance, Chapter 26-20. Restricted Commercial- One (R-C-1) District regulations regarding 'Telecommunications Towers" as a special use. ,' NOTICE OF PUBLIC HEARING Notices is hereby given that a Public Hearing is to be held before the City of Wheat Ridge Planning Commission on August 15, 1996 at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. Case No. MS-96-7: An application by Lawrence Gill for approval of a two-lot minor subdivision on Besidential-Two zoned land located at 6000 West 32nd Avenue. Said property is legally described as follows: A part of Block 1, STEBBIN'S SUBDIVISION, situated in the Southwest One-Quarter of Section 25, Township 3 South, Range 69 West of the 6th Principal Meridian, County of Jefferson, State of Colorado, being more particularly described as follows: Beginning at the Northeast corner of said Block 1, from which point of beginning .the Northeast corner of the Southwest 1/4 of said Section 25 bears N 00°19'11" W a distance of 30.00 feet; thence S 00°19'11" along the East line of said Block 1 and along the East line of the SW 1/4 of said Section 25, on an assumed bearing, a distance of 211.00 feet; thence S 89°41'48" W, parallel with the North line of the SW 1/4 of said Section 25 a distance of 167.00 feet; thence N 00°19'11" W, parallel with the East line of the SW 1/4 of said Section 25 a distance of .211.00 feet; thence N 89°41'48" E, parallel with the North line of the SW 1/4 of said Section 25 a distance of 167.00 feet to the Point of Beginning. 2. Case. No, WZ-96-10: An application by Dwaine R. Richter for approval of a Planned Commercial Development combined final development plan with sign variances and subdivision plat. Said property is located at 12851 West 32nd Avenue. The following legal description pertains to the subdivision plat: Commencing at the West 1/4 corner the West line of said NW 1/4, the description, N 89°29'16" E 559.13 35.00 feet to the north right-of-' southeast corner of Lot 4 of said point of beginning. of said Section 29; thence along basis of the bearings in this feet; thence N 00°47'12" W of aay line of West 32nd Avenue, the 70 West Business Center and the Thence along the boundary of said Lot 4 the following four (4) courses; 1. S 89°43'30" W 95.18 feet to the beginning of a curve concave to the northeast with a radius of 20.00 feet and a central angle of 89°29'18"; 2. along said curve 31.24 feet; 3. IJ 00°47'12" W 70.18 feet; 4. N 89°43'30" E 115.01 west Business Center; Thence along the west line feet to the east line of Lot 7 of said 70 of Lot 7 and the east line of Lot 5 of 9' said 70 West.Business Center N 00°47'12" W 668.43 feet; thence along the boundary of Lot 6 of said 70 West Business Center the following four (4) courses; 1. S 89°40'00" W 330.44 feet; 2. N 00°10'11"-W 204.59 feet; 3. thence N 89°39'00° E 417.45 feet; 4. S 00°30'00" E 293.50 feet to the south line of Lot 1 of said- 70 West Business Center and the beginning of a curve concave to the northeast with a radius of 175.00 feet and a central angle of 25°24'33"; thence along the following eleven (11) courses; 1. along said curve 77.60 feet to the beginning of a non-tangent curve concave to the south with a radius of 125.00 feet and a central angle of 02°55'29"; 2. along said curve 6.38 feet; 3. N 89°39'01" E 211.11 feet; 4. N 52°43'35" E 51.25 feet; 5. N 89°39'01" E 7.07 feet; 6. S 00°30'39" E 70.89 feet; 7. S 89°24'24" W 32.73 feet; 8. S 06°17'24" W 7.95 feet; 9. N 89°30'31" E 55.19 feet; 10. N 00°21'02" W 25.50 feet; 11. N 89°38'59" E 25.05 feet; to the west right-of-way of I-70; Thence along said right-of-way S 06°31'25" W 559.66 feet; thence S 79°09'50" W 194.49 feet; thence S 89°43'30" W 194.00 feet; thence S 00°47'12" E 5.00 feet to the point of beginning. Parcel contains approximately 8.33 acres. The following legal description pertains to the final development plan: Lots 2, 3, 4, 6 and 7 of the 70 West Business Center Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. 3. Case No. ZQA-96-9; An amendment to the Wheat Ridge Code of Laws, Zoning Code, Section 26-30 (P) pertaining to Grcup Homes for Handicapped, Developmentally Disabled, Elderly Persons and Children. .!~l~ ~ J Sandra Wiggins, S c tary . ATTEST: Wanda-Sang, City Clerk To be Published: July 26, 1996 Wheat Ridge Transcript b:\a81596.phn It seems almost daily that the planners and building inspectors at City Hall receive inquiries regarding the placemendinstallation of cellular phone towers. As this industry expands, so will the demand for cell site locations. The City currently has no regulations for these types of facilities. Case No. ZOA-96-6 is Staff's recommendation for regulations dealing with cellular communications towers. Staff recommends Case No. ZOA-96-6 be set for public hearing on September 9, 1996 SUGGESTED Iv1OTION: I move that Council Bill be approved on first reading, ordered published, public hearing be set for Monday, September 9, 1996, at 7:00 p.m. in City council Chambers, Muriicipal Bldg., and if approved on second reading take effect 15 days after final publication. ~, . STR~F 's oa~~-~ Nam MEMORANDUM OF WHEgr ~ Po U ~^ ~~C OR Pao To: ~~~' Council _ From:~Meredith Reckert, Planner Re: Case No. ZOA-9b-6 Date: August 1, 1996 y - - _ s-r~F~- bow. ~~~ INTRODUCED BY COUNCILMEMBER Council Bill No. _ __ - - , Ordinance No. _ _.__ Series of 1996 _ TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS, ZONING CODE RELATING TO.TELECOMMUNICATIONS TOWERS, IN THE CITY OF WHEAT RIDGE, COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE. CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. ,Wheat Ridge Code of Laws, Article 1, Chapter 26-5. Definitions. is hereby amended as folIovrs: Freestanding telecommunication facility: A service facility that consists of a stand-alone, support facility (monopole or lattice structure), antenna and associated equipment storage. Roof or building mounted telecommunications accessory antenna: A telecommunications facility in which antenna are mounted to an existing building roof or building face. This--does not include telecommunications accessory buildings. Telecommunications accessory building: An unmanned building used to house equipment associated with a telecommunications facility. Telecommunications site: An unmanned facility consisting of equipment for the reception switching and transmission of wireless telecommunications, including, but not limited to radio, television, cellular telephone and similar technologies. Section 2. Wheat Ridge Code of Laws, Article 1, Chapter 26-21. Restricted Commercial.-One District (RC-1) is hereby amended as follows: (C) Permitted Accessory Uses_and Accessory Buildings: (5) Roof or building-mounted telecommunications accessory antennae (D) Conditional Uses: (2) Freestanding telecommunications facilities and accessory buildings Section 3._,„Wheat Ridge Code of Laws, Article. 1, Chapter 26-21. -- - Restricted-Commercial District (R.-C) is hereby amended as -- follows: (C) Permitted Accessory Uses and Accessory Buildings: (6) Roof or building-mounted telecommunications accessory- antennae ?~ k' V Ordinance No. Series of .199.6 (D) Conditional Uses: Page 2 - (2) Freestanding telecommunications facilities and. accessory buildings Section 4. Wheat Ridge Code of Laws, Article 1, Chapter 26-22. Commercial-One District (C-1) is hereby amended as follows: (C) Permitted Accessory Uses and Accessory Buildings: (10) Roof or building-mounted telecommunications accessory antennae (D) Conditional Uses: (3) Freestanding telecommunications facilities and accessory buildings Section 5. -Wheat Ridge Code of Laws, Article-1, Chapter 26-23. Commercial-Two District (C-2) is hereby amended as follows: (C) Permitted Accessory Uses and Accessory Buildings: (10) Roof or building-mounted telecommunications accessory antennae (D) Conditional Uses: (2) Freestanding telecommunications facilities and accessory buildings Section 6. Wheat Ridge Code of Laws, Article 1, Chapter 26-24. Light Industrial District (I) is hereby amended as follows: (C) Permitted Accessory Uses and Accessory Buildings: (6) Roof or building-mounted telecommunications accessory antennae (D) Conditional Uses: (2) Freestanding telecommunications facilities and accessory buildings Section 7. Wheat Ridge Code of Laws, Article 1., Chapter 26.30. General Regulations are hereby amended as follows:-_ (T) Telecommunications Facilities: 1. A building permit is required for installation of all telecommunications towers and antennas. The design and Ordinance No. Page 3 ____ _ - Series of 1996 _ engineering of all towers and antennas must meet .the applicable provisions of the City's building codes. 2. Telecommunications towers shall be designed to maximize efficiency to allow co-location on a single lattice or monopole. 3. Telecommunications towers excluding antennas cannot exceed the maximum building height limit of the zone district in which the tower is located. 4. All freestanding towers and accessory structures shall meet the required building setbacks of the zone district in which _ they are located. 5. All telecommunications accessory buildings are. limited to - 400 square feet of gross floor area and 12_feet iin height. 6. Roof and building-mounted antennas shall be .screened and/or colored to match the building to which they are attached. 7. Freestanding telecommunications towers shall be visually screened from adjacent residential development and public rights-of-way. The exterior finish and color of telecommunications facilities shall be compatible with adjacent development. Specific .requirements for screening, landscaping and/or exterior building finishes shall be _ determined by the Zoning Administrator on a site by site basis... It is not the intent of this paragraph to require- total screening. 8. Roof-mounted antennas may be allowed in zone districts other than those specified in Sections 2-6 of this .ordinance provided the structure on which it is mounted exceeds 35 feet in height. In this situation, roof-mounted antennas shall not be visible from adjacent residential properties. Building-mounted antennas shall blend with the architectural style and color of the building. 9. The construction and use of a telecommunication facility shall not cause interference to other adjacent telecommunication facilities. The City of Wheat Ridge shall be held harmless if interference occurs:- 10. Telecommunications facilities which are abandoned by disconnection of power service, equipment removal or loss of lease for greater than six months, shall be removed by the telecommunications facility owner. Section 8. Severability. If any clause, sentence, paragraph, or part-of this Zoning Code or the application thereof to any person =~ •, ` ~ Ordinance No. Series of 1996 Page.4 or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect _ application to other persons or circumstances. Section 9. 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 iQ~ _SUOersession Clause .If_any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 11. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on-this day of 1996, ordered_published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 1996, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to this d_ay_of _ , 1996. SIGNED by the Mayor on this day of 1996. DAN WILDE, MAYOR Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CZTY ATTORNEY <• .e .- Ordinance No. _ Page _5 Series of 1996 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: c:\wp60\ord\telecom.ord WHEq T CITY COi~VGIL 14~INUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building SeAYCIDheC23, 1996 /U I _ ~~\ OR P' The Regular City Council was called to order by Mayor Wilde at 7:00 p.m. Councilmembers present: Teri Dalbec, Jerry DiTullio, Don Eafanti, Jean Fields, Janelle Shaver, Tony Solano (arrived at 7:05 p.m.), and Claudia Worth. Ken Siler was absent due to illness. Also present: City Clerk, Wanda Sang; City Treasurer, Jim Malone; City Administrator, Robert Middaugh; City Attorney, Gerald Dahl; Director of Parks & Recreation, Gary Wardle; Director of Planning, Glen Gidley; Director of Public Works, Bob Goebel; staff; and interested citizens. APPROVAL OF MINUTES of September 9, 1996 Motion by Mr. Eafanti for the approval of the Minutes of September 9, 1996 with Mr. DiTullio's correction; seconded by Mrs. Fields; carried 7-0. CITIZENS' RIGHT TO SPEAK _ _ _ ___ _ There was no one present to speak. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Public Hearing regarding_West 32nd Avenue Reconstruction, Final Street Width Designation, Pierce Street to Sheridan Blvd. Item 1 was introduced by Mrs. Fields; title and summary read by the Clerk. Bob Goebel presented the staff report. Vance Edwards thanked Bob Goebel, task force, staff, and Council from his District, for the work on this project. CITY COUNCIL MINUTES: SEPTEMBER 23, 1996 Page -2- Motion by Mrs.. Fields that,- in_ accordance with Section 5.20 of_the City Charter, #he_official street width designation of West 32nd Avenue from Pierce Street to Sheridan Blvd. be established as 32 feet measured from flow line to flow line with minor widening to accommodate left turn lanes at Pierce Street, Harlan Street and Sheridan Blvd.; seconded by Mr. Eafanti; carried 7-0. Item 2. Council Bil( 41 - An Ordinance amending the Code of Laws to define and classify potbellied pigs as exotic animals and to impose requirements on the granting of exceptions by the Animal Control Commission. Council Bill 42 - An Ordinance amending Chapter 26 of the Code of Laws pertaining to the keeping of potbellied pigs in the A-2 Zone District. Council Bills 41 and 42 were introduced on second reading by Mr. Solano; titles read by the Clerk. Mr. Dahl explained that the version of these Council Bills that was published in the paper, did not reflect some of the changes that the Planning Commission had recommended and which Council had accepted as part of their first reading. He asked that the public hearing be opened and then continued to October 14, meanwhile we make certain that the correct Ordinances be published and that the hearing has been continued. Motion by Mr. Solano to continue Council Bills 41 and 42 to the Council Meeting of October 14, 1996; seconded by Mrs. Dalbec; carried 7-0. Item 3. Council Bill 39 - An Ordinance amending the Code of Laws, Zoning Code, relating to Telecommunications Towers, in the City of Wheat Ridge, Colorado. Council Bill 39 was introduced by Mrs. Worth on second reading; Clerk assigned Ordinance No. 1045. Robert Middaugh and Glen Gidley were sworn in by the Mayor; Mr. Gidley answered questions. Motion by Mrs. Worth for approval of Council Bill 39 (Ordinance 1045) as amended to provide that Sections 2 (C) and 3 (C) be deleted and that in both Section 2 and 3 "roof or building-mounted telecommunications accessory antennae" be shown as conditional uses and all free standing towers from this date forward be considered special uses; seconded by Mr. Solano. Mrs. Dalbec asked for a friendly amendment to take out 8. on page 3. This was accepted by motion-maker and second. Mrs. Worth amended her motion to exclude all existing towers; this was accepted by second. Motion carried 7-0. CITY COUNCIL MINUTES: SEPTEMBER 23, 1996 Page -3- Item 4. Council Bill 43 - An Ordinance amending Section 26.33 of the Code of Laws of the City of Wheat Ridge, related to excavation ahd deposit control. Council Bill 43 was introduced on second reading by Mr. Solano; title read by the Clerk; Ordinance No. 1046 assigned. Mr. Gidley presented the staff report. Bob Goebel was sworn in by the Mayor and answered questions. Motion by Mr. Solano for approval of Council Bill 43 as amended to include a revision to the last sentence of subsection (B) (4) (a) 4 to read, "In addition, the City Engineer may require a ground cover plant material or other means of controlling water and wind erasion and weed growth"; seconded by Mr. Eafanti; failed 2-5 with Councilmembers Solano and Eafanti voting yes. Motion by Mrs. Dalbec to suspend the Rules and hear Item 7 next because there are people present to speak; seconded by Mr. Eafanti; failed 5-2 with Mr. Solano and Mr. DiTullio voting no. (This needed a 6 vote majority to pass). item 5. Council Bill 38 - An Ordinance amending the Code of Laws, Zoning Code, relating to the definition of Story. Council Bill 38 was introduced by Mr. Solano; title read by the Clerk; Ordinance No. 1046 assigned. Mr. Gidley presented the staff report. Motion by Mr._ Solano for approval of Council Bill 38 (Ordinance 1046) with the Addition that building height shall be measured from the tallest point of the building to average grade; seconded by Mr. DiTullio; carried 6-1 with Mrs. Dalbec voting no. Item 6. Council Bill 44 - An Ordinance adopting a temporary moratorium on the acceptance, processing -arid issuance of building permits for the construction of mortuaries and crematories within a specified area of the City, and declaring an emergency. Council Bill 44 was introduced by Mrs. Dalbec, who also read the title. Motion by Mrs. Dalbec for approval of Council Bill 44 (Ordinance 1047); seconded by Mr. DiTullio; carried 7-0. CITY COUNCIL MINUTES: SEPTEMBER 23, 1996 Page -4- ORDINANCES ON FIRST READING Item 7. Council Bill 45 - An Ordinance amending Chapter 26 of the Code of Laws pertaining to group homes for handicapped, developmentally disabled, elderly persons, and children. Council Bill 45 was introduced on first reading by Mrs. Dalbec; title read by the Clerk. The following speakers were sworn in by the Mayor: Maribeth Lewis, 10900 West 39th Place, applauded Council to bring our Ordinance up to federal guidelines. She feels we, as a City, need to allow this type of use; we need all types of houses and all types of people. Susan Hartley, 4015 Eaton Street, also spoke in support of this Ordinance. Nancy Snow, 11155 West 40th Avenue, thanked Council for addressing this issue; would like to see some amendments made to the ordinance. Motion by Mr. DiTullio to postpone this until a neighborhood meeting can be held; seconded by Mrs. Fields; failed 3-4 with Councilmembers Worth, Fields, and DiTullio voting yes. Motion by Mrs. Dalbec that Council Bill 45 be approved on first reading, ordered published, public hearing be set for Monday, October 14, 1996 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; with the following amendments: 1. under family definition be included any five people over 62 years of age; 2. domestic servants be related to all three or four categories that were under the definition of family; 3. State definitions be incorporated into (1) and (a); 4. remove (2) and (3) and (b) and (c); seconded by Mr. Solano. Motion by Mrs. Worth to amend the motion to ask Mr. Dahl to write language to include in his memorandum of September 17, 1996, Item 1. 3. 4. 5. and 7. and bring to the second hearing and if these are not appropriate, we just delete them; seconded by Mr. DiTullio; carried 4-3 with Councilmembers Dalbec, Solano, and Shaver voting no. Original Motion as amended carried 7-0. CITY COUNCIL MINUTES: SEPTEMBER 23, 1996 Page -5- Item 8. Council Bill 46 - An Ordinance, requiring Special Use Perrnits for mortuaries and crematories. Council Bill 46 was introduced on first reading by Mrs. Dalbec; title read by the Clerk. Motion by Mrs. Dalbec thai Council Bill 46 be_approved on first reading, ordered published, public hearing be set for Monday, October 14, 1996 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect immediately after final publication; seconded by Mrs. Worth. After discussion, Council agreed to split this into two separate Ordinances. Council Bill 46 to address mortuaries; Council Bill 47 to address crematories; both provide an exemption for existing facilities. Mrs. Dalbec so moved; seconded by Mrs. Worth; carried 7-0. DECISIONS, RESOLUTIONS, AND MOTIONS Item 9. A. Approval of Expenditure Items. Motion by Mrs. Worth that the attached purchases be approved in the amounts indicated and that all costs be charged to the account shown on the purchase order report; seconded by Mrs. Dalbec; carried 7-0. Item 9. Authorize zoning actions on public owned parcels of property. Motion by Mr. DiTullio that staff be authorized to prepare zoning or rezoning actions making use of existing zoning categories for all parcels of property that are or have been subject to the old PF-1 or PBF zoning designation; seconded by Mr. Solano; carried 7-0. Motion by Mr. DiTullio that staff prepare a first reading Ordinance to amend Chapter 26.6 of the Code of Laws regarding Special Use Permits; seconded by Mrs. Fields; carried 4-3 with Councilmembers Eafanti, Dalbec, and Worth voting no. Item 10. Funding for 1996/1997 Community Art Project. Joyce Manwaring and Hal Kuczwara explained the project and answered questions. Motion by Mr. DiTullio that the Community Art Project for the 1996/97 school year be approved. I further move that $10,000 be transferred from General Fund Balance to Acct. No. 34 and the budget be amended appropriately; I further move that the Art be displayed at City Hall and other City properties in Wheat Ridge; seconded by Mr. Solano. Mrs. Worth asked for a friendly amendment that grants be applied for. This was accepted. Motion carried 7-0. CITY COUNCIL MINUTES: SEPTEMBER 23, 1996 Page -6- Item 11. Discussion of Copa Cabana building use. Motion by Mrs. Worth that staff contact different groups in the City, the Jaycees, the Kiwanis and ask for their help in cleaning up the Copa Cabana, removing the carpet and sinks we don't need, make an inventory, etc. so that it can be used as a youth center; seconded by Mrs. Dalbec. Motion by Mr. Solano to make a substitute motion to send this to a Study Session on October 21, 1996; seconded by Mr. DiTullio; carried 7-0. Item 12. A. RFB #96-34 -Evaporative Cooling Units. B. RFB #96-33 -Metal Roof Replacement Project. A. Motion by Mr. DiTullio that the evaporative cooling units for the Anderson Community Building be awarded to Hi Teck Heating & Cooling in the amount of their bid of $10,250.00; that a contingency fund in the amount of $500.00 be established; that the Director of Parks & Recreation be authorized to issue change orders up to the total contract and contingency amount and that the total cost of this project of $10,750.00 be charged to the Conservation Trust Fund Acct. No. 54-601-877; that the funds be encumbered for the length of the Project which expressly allows the expenditure of funds in 1997 for this Project in accordance with Ordinance No. 787, 1989 Series; seconded by Mr. Solano; carried 6-1 with Mrs. Dalbec voting no. B. Motion by Mr. Solano to rebid for a concealed fastener type of roof; seconded by Mrs. Dalbec; carried 7-0. Item 13. Resolution 1557 -approving IGA among County of Jefferson, Cities of Lakewood, Golden, Westminster, Arvada, Broomfield, and the City of Wheat Ridge, to obtain services for the Countywide Transportation Plan--Phase II. Resolution 1557 was introduced by Mrs. Worth; title read by the Clerk. Motion by Mrs. Dalbec not to fund this; seconded by Mr. DiTullio. Motion by Mrs. Worth to postpone this item until the second meeting in October and have Mr. Middaugh address our concerns to the County and bring back more information why Wheat Ridge should be a part of this; seconded by Mrs. Fields; failed 3-4 with Councilmembers Eafanti, Worth and Fields voting yes. Original Motion carried 4-3 with Councilmembers Worth, Solano, and Fields voting no. CITY COUNCIL MINUTES: SEPTEMBER 23, 1996 Page -7- Item 14. L(~1 Q®C~aDQo A. Resolution 1558 -authorizing an amendment to Resolution 1477; a Resolution authorizing an IGA with the Urban Drainage and Flood Control District for permanent improvements to Lena Gulch. B. RFB #96-31 - Uninterruptible Power Supply. C. RFB #96-39 -Forestry Services. D. RFB #96-38 -Microfilming Services. Motion by Mr. Solano to approve the Consent Agenda, Items A. B. C. and D. ;seconded by Mr. DiTullio. Mrs. Shaver asked to pull Item C. Motion on A. B. and D. carried 7-0. Motion by Mrs. Shaver for approval of Item C.; seconded by Mr. Solano; carried 7-0. Item 15. West Entrance Remodel. Mr. Middaugh gave update on this item. Motion by Mrs. Worth to suspend the Rules and go past 11:00 p.m. and finish the Agenda; seconded by Mrs. Dalbec; failed 5-2 with Mr. DiTullio and Mr. Solano voting no. (This needed a 6 vote majority to pass) Motion by Mr. DiTullio that we allocate $2,500 for the solar panel removal and to replace the wooden planks out front for now and staff come back with a different design; seconded by Mr. Solano; carried 7-0. Motion by Mr. DiTullio to reconsider going past 11:00 p.m.; carried 6-1 with Mr. Solano voting no. Vote on going past 11:00 p.m. failed 5-2 with Mrs. Dalbec and Mr. Solano voting no. CITY COIINCIL MINUTES: SEPTEMBER 23, 1996 Page -8- Meeting adjourne at 11:05 p.m. _ `~ Wanda Sang, City Cle < APPROVED BY CITY COUNCIL ON OCTOBER 14, 1996 BY A VOTE OF _ TO Claudia Worth, Council President October 14, 1996 TO: Glen Gidley FROM: i Meredith Reckert RE: Revisions to the Cell Tower Ordinance (Case No. ZOA-96-6) Pursuant to Councilperson Dalbec's request, attached aze my recommendations for tightening up the provisions for building-mounted antennas. If approved, these would be incorporated into Section 7 of the new ordinance. Roof or building-mounted whip antennas shall extend no more than 10 feet above the parapet of any roof or the structure to which they aze mounted. 2. Roof or wall-mounted panel antennas shall extend no more than five feet above the parapet of the roof to which they are mounted. Roof-mounted accessory structures shall extend no more than five feet above any pazapet of the roof to which they are mounted. INTRODUCED BY COUNCILMEMBER Council Bill No. Ordinance No. Series of 1996. __ TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS, ZONING CODE RELATING TO TELECOMMUNICATIONS TOWERS, IN THE CITY OF WHEAT RIDGE, COLORADO. BE IT .ORDAINED BY THE CITY_COUNCIL OF THE CITY OF WHEAT RIDGE., COLORADO, THAT:.. ... __ .... Section 1. Wheat Ridge Code .of Laws, Article 1, Chapter 26-5. Definitions. is hereby amended as follows: Freestanding telecommunication facility: A_service facility that consists of a stand-alone support facility (monopole or lattice structure), antenna and associated equipment storage. Roof or building mounted telecommunications accessory antenna: A telecommunications facility in which antenna are mounted to an existing building roof or building face.. This does not. include telecommunications accessory buildings. Telecommunications accessory building: An unmanned building used to house equipment associated with a telecommunications facility. Telecommunications site: An_unmanned facility consisting of equipment for the reception switching and transmission of wireless telecommunications,_including, but_not limited to radio, television_,_ cellular telephone and similar technologies.. Section 2. Wheat Ridge Code of_Laws, Article 1, Chapter 26-21. Restricted Commercial-One District (RC-1) is hereby amended as follows: (D) Conditional Uses: (2) Roof or building-mounted telecommunications accessory antennae (E) Special Uses: (15) Freestanding telecommunications facilities and accessory buildings Ordinance No. _ Page 2 Series of .1996 _ (16) Any other use not specifically listed in this district may be permitted as a special use where the planning commission and city council find, in addition to the standard review criteria for all special uses as set forth in section 2-6-6(B), that a specific site is uniquely appropriate for the use proposed. Section 3. Wheat Ridge Code of Laws, Article 1, Chapter 26-21. Restricted-Commercial District (R-C) is hereby amended as follows: (D) Conditional Uses: (2) Roof or building-mounted telecommunications accessory antennae (E) Special Uses: (14) Freestanding telecommunications facilities and accessory buildings (15) Any other use not specifically listed in this .district may be permitted as a special use where. the planning commission and city council find, in addition to the standard review criteria for all special uses as set forth in section 26--6(B); that a specific site is uniquely appropriate for. the use proposed. Section 4. Wheat Ridge Code of Laws, Article 1, Chapter 26-22. Commercial-One District (C-1) is hereby amended as follows: (C) Permitted Accessory Uses and Accessory Buildings: (10) Roof or building-mounted telecommunications accessory antennae (E) Special Uses: (S) Freestanding telecommunications facilities-and accessory buildings Ordinance No. Page 3 Series of 1996 (9) Any other use not specifically listed in this district. may be permitted as a special use where the planning commission and city council find, in addition to the standard review criteria for all special uses as set forth in section 26-6(B), that a_specific site is uniquely appropriate for the use proposed. Section 5. .Wheat Ridge Code of Laws, Article 1, Chapter 26-23. -- Commercial-Two District (C-2) is hereby amended as follows: (C) Permitted Accessory Uses and Accessory Buildings: (10) Roof or building-mounted telecommunications accessory antennae (E) Special Uses: (3) Freestanding telecommunications facilities and accessory buildings (4) Any other use not specifically listed in this district may be permitted as a special use where the planning commission and city council find, in addition to the standard review criteria for all special uses as set forth in section 26-6(B), that a specific site is uniquely appropriate for the use proposed. Section 6. Wheat Ridge Code of Laws, Article 1, Chapter 26-24. Light Industrial District (I) is hereby amended as follows: (C) Permitted Accessory Uses and Accessory Buildings: (6) Roof or building-mounted telecommunications accessory antennae (E) Special Uses: (30) Freestanding telecommunications facilities and accessory buildings (31) Other similar uses approved by City Council Ordinance Na. __ Page 4 Series of 1996:- _.. Section 7 Wheat Ridge Code of Laws, Article 1, Chapter 26.30. General Regulations are hereby amended as follows: (T) Telecommunications Facilities: 1. A building permit is required for installation of all telecommunications towers and antennas. The design and engineering of all towers and antennas must meet the applicable-provisions of the City's building codes. 2. Telecommunications towers shall be designed to maximize efficiency to allow co-location on a single lattice or - monopole. 3. Telecommunications towers excluding antennas cannot exceed the maximum building height limit of the zone district in which the tower ,is located. 4. All freestanding towers and accessory structures shall meet-- the required building setbacks of the zone district in which they are located. 5. All telecommunications accessory buildings are limited to 400 square feet of gross floor area and .12 feet in height. 6. Roof and building-mounted antennas shall be screened and/or colored to match the building to which they are attached and are subject to the following provisions: a. Roof or building-mounted whip antennas shall extend no more than 10 feet. above the parapet of any roof or the structure to which they are attached. b. Roof or wall-mounted panel antennas shall extend no __ more than five feet above the parapet of the roof to which they are mounted. C. Roof-mounted accessory structures shall extend no more - than five feet above any parapet of the roof to which thay area mounted. Ordinance No. Page 5 Series of 1996 7. Freestanding telecommunications towers shall be visually screened from adjacent residential development and public rights-of-way. The exterior finish and color of telecommunications facilities shall be compatible with adjacent development. Specific requirements for screening, landscaping and/or exterior building finishes shall be determined by the Zoning Administrator on a site by site basis. It is not the intent of this paragraph to require total screening. 8. The construction and use of a telecommunication facility shall not cause interference to other adjacent telecommunication facilities. The City of Wheat Ridge shall be held harmless if interference occurs. 9. Telecommunications facilities which are abandoned by disconnection of power service, equipment removal or loss of lease for greater than six months, shall be removed by the telecommunications facility owner. 8 Severabilitv 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 of competent jurisdiction invalid, such judgment shall not affect application. to other persons or circumstances. eP jinn 9 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. Sention ~0 Supersession Clause If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of-the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, Ordinance No. Page 6 Series of 1996 the provisions, requirements and standards herein shall supersede and prevail. _ Section 11 This ordinance shall take effect days after final publication. . INTRODUCED, READ, AND to on this day in full in a newspaper Wheat Ridge and Public set for Council .Chambers, 7500 1OPTED on first reading by a vote of _ of 1996_, ordered published of general circulation in the City.of Hearing and consideration on final passage _; 1996, at 7:00 o'clock p.m., in-the West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED ..AND ORDERED PUBLISHED on second and final reading by a vote of to this da of , ~' .., -- 1996. SIGNED by the Mayor on this day of 1996. _ DAN WILDE, MAYOR Wanda Sang, City Clerk 1st Publication:. 2nd Publication: Wheat Ridge Transcript Effective Date: APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORN-EY c:\wp60\ord\telecom.ord r r CITY COUNCIL MTN'UTES: October 14, 1996 Page -5- Motion by Mrs. Shaver to suspend the Rules and have Mrs. Snow clarify her suggestions for amendments; seconded by Mrs. Worth; tied 4-4 with Councilmembers Eafanti, Dalbec, Worth, and Shaver voting yes. Mayor Wilde broke the tie by voting no. Motion failed 5-4. Original Motion as amended carried 7-1 with Mrs. Fields voting no. Motion by Mr. Solanp to reconsider Council Bill 45 for the sole purpose of clarifying the number of children in group homes for children; seconded by Mrs. Dalbec; carried 7-1 with Mrs. Fields voting no. Motion by Mr. Solano for the adoption of Council Bill 45 (Ordinance 1048) as previously passed with the clarification with respect to the definition of group-homes for children that we insert the words "for five or more children"; seconded by Mrs. Worth; carried 7-1 with Mrs. Fields voting no. As directed by City Council, City Attorney, Gerald Dahl, drafted an emergency ordinance regarding a moratorium on telecommunication towers during the break, Clerk assigned Ordinance No. 1049 and Mr. Dahl read the drafted ordinance in its entirety. Ordinance 1049 - adopting a temporary moratorium on the acceptance, processing and issuance of building permits for the construction of telecommunications facilities within the City, and declaring an emergency. Motion by Mrs. Dalbec to adopt Ordinance 1049; seconded by Mr. Solano; carried 8-0. Item 4. Council Bill 41 - An Ordinance amending the Code of Laws to define and classify potbellied pigs as exotic animals and to impose requirements on the granting of exceptions by the Animal Control Commission. Council Bill 42 - An Ordinance amending Chapter 26 of the Code of Laws pertaining to the keeping of potbellied pigs in the A-2 Zone District. Council Bills 41 and 42 were introduced on second reading by Mr. Solano; titles read by the Clerk; Ordinance Numbers 1050 and 1051 assigned. The following speakers were sworn in by the Mayor: Dr. Meredith Campbell, spoke in favor of the Ordinances, but suggested that the spaying age would be four months rather than three; and the weight be changed to 150 pounds. _ _ Timeline: City of Wheat Ridge The Grange Zoning Filed Zoning Approval Building Permit Filed SSLP Notified Building Permit Ready Wheat Ridge Muni Tower Zoning Filed Zoning Approved Building Pemut Filed SSLP Notified Building Permit Ready August 13, 1996 August 13, 1996 September 10, 1996 September 24, 1996 July 30, 1996 July 30, 1996 October 10, 1996 Moratorium October 14, 1996 Re ation: First Reading Second Reading Regulations Adopted Regulation Effective Moratorium Enacted Scheduled Redraft Proposal September 9, 1996 September 23, 1996 October 3, 1996 October 18, 1996 (Start) October 14, 1996 (End) November 20, 1996 October 28, 1996 i Oct-24-96 IIa01 P. DE Vr2EVFAX =03 235 2857 p-p2 --- ~ Wefa ;. MEM DUM '~ n V ~^ To: ~ Council From: Meredith Reckert, Planner °otoNPD° Re: Case No. ZOA-96-6 Dafe: August t, 1996 It seems almost daily that the planners and building inspectors at City HaII receive inquiries regarding the placement/installation of cellular phone towers. As this industry expands, so will the demand for cell site locations. The City currently has no regulations for these types of facilities. Case No. ZOA•96-6 is Staff's recommendation for regulations dealing with cellular communications towers. Staff recommends Case No. ZOA-96-b be set for public hearing on September 9, 1996 SUGGESTED MOTION: I move that Council Bill be approved on first reading, ordered published, public hearing be set for Monday, September 9, 1996, at 7:00 p.m. in City council Chambers, Municipal Bldg., and if approved on second reading take effect 15 days after final publication. Oct-24-96 11:02A DEVREVFAX 303 235 2857 P_03 r. INTRODUCED BY COUNCILMEMBER _._ ,-.- , Council Bill No. --~-- Ordinance No. ,- ... _ .: Series of 1996 TITLE: gE,~,Ri,D~G~OETELEC0It~7UNICATIONS OTOWERSS~IN THBGCITYEOF WHEAT RIDGE, COLORADO. SE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws, Article 1, Chapter 26-5. Definitions. is hereby amended as follows: Freestanding telecommunication facility: A service facility that consists of a stand-alone support facility (monopole or lattice structure), antenna and associated equipment storage. Roof or building mounted telecommunications accessory antenna: A telecommunications facility in which antenna are mounted to an existing building roof or building face. This does not include telecommunications accessory buildings. Telecommunications accessory building: An unmanned building used to house equipment associated with a telecommunications facility. Telecommunications site: Rn unmanned facility consisting of equinment for Che reception switching and transmission of wireless telecommunications, including, but not limited to radio, television, cellular telephone and similar technologies. Section 2._ Wheat Ridge Code of Laws, Article 1, Chapter 26-21. Restricted Commercial-one District (RC-1) is hereby amended as follows: {C) Permitted Accessory Uses and Accessory Buildings: {5) Roof or building-mounted telecommunications accessory antennae (D) Conditional Uses: (2) Freestanding telecommunications facilities and accessory buildings SPCtlon 3. Wheat Ridge Code of Laws, Article 1, Chapter 26-21. Restricted-Commercial District (R-C) is hereby amended as follows: (C) Permitted Accessory Uses and Accessory Buildings: (61 Roof or building-mounted telecommunications accessory antennae ^ ~+ Oct-24-96. 11:02A DEVREVFAX Ordinance No. ,.__ . ,. Series gf_1996 . (D) Conditional Uses: 303 235 2857 Page 2 - (2) Freestanding telecommunications facilities and accessory buildings Section 4. Wheat Ridge Code of Laws, Article 1, Chapter 26-22. Commercial-One District (C-1) is hereby amended as follows: (C) Permitted Accessory Uses and Accessory Buildings: (10) Roof or building-mounted telecommunications accessory antennae {D) Conditional Uses: (3) Freestanding telecommunications facilities and accessory buildings Section 5. Wheat Ridge Code of Laws, Article 1, Chapter 26-23. Commercial-Two District (C-2) is hereby amended as follows: (c) Permitted Accessory Uses and Accessory Buildings: (10) Roof or building-mounted telecommunications accessory antennae (D) Conditional Uses: (2) Freestanding telecommunications facilities and accessory buildings Section 6. Wheat Ridge Code of Laws, Article 1, Chapter 26-24. Light Industrial District (I) is hereby amended as follows: (C) Permitted Accessory Uses and Accessory Buildings: (6) Roof or building-mounted telecommunications accessory antennae (D) Conditional Uses: (2} Freestanding telecommunications facilities and accessory buildings Se t,~p~ 7. Wheat Ridge Code of Laws, Article 1, Chapter 26.30. General Regulations are hereby amended as follows: (T) Telecommunications Facilities: 1. A building permit is required for installation of all telecommunications towers and antennas. The design and Oct-24-96 11:O2A DEVREVFAX 303 235 2857 P_O5 Ordinance No_ Page 3 I __.4. "Series of 199fi - .. ,._ ___.: ... _., _ _...-, engineering of all towers and antennas must meet the applicable provisions of the City's building codes. - 2. Telecommunications towers shall be designed to maximize efficiency to allow co-location on a single lattice or monopole. 3. Telecommunications towers excluding antennas cannot exceed the maximum building height limit of the zone district in which the Lower is located. 4. All freestanding towers and accessory structures shall meet the required building setbacks of the zone district in which they are located. 5. All telecommunications accessory buildings are limited to 40o square feet of gross floor area and 12 feet in height. 6, hoof and building-mounted antennas shall be screened and/or colored to match the building to which they are attached. ~. Freestanding telecommunications towers shall be visually screened from adjacent residential development and public rights-of-way. The exterior finish and color of telecommunications facilities shall be compatible with adjacent development. Specific requirements for screening, landscaping andJor exterior building finishes shall be determined by the Zoning Administrator on a site by site basis. It is not the intent of this paragraph Co require total screening, 8. Roof-mounted antennas may be allowed in zone districts other than those specified in Sections 2-6 of this ordinance provided the structure on which it is mounted exceeds 35 feet in height. In this situation, roof-mounted antennas shall not be visible from adjacent residential properties~ Building-mounted antennas shall blend with the architectural style and color of the building. 9. The construction and use of a telecommunication facility shall not cause interference to other adjacent telecommunication facilities- The City of wheat Ridge shall be held harmless if interference occurs. 10. Telecommunications facilities which are abandoned by disconnection of power service, equipmenC removal or loss of lease for greater than six months, shall be removed by the telecommunications facility owner. Section 8. Severabi itv.. If_any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person Oct-24-96 11-: 02A DEVREVFAX 3D3 235 2857 p_p6 ,_ ~, y .:. _„ . 4 Ordinance, No.. ,~ Page 4 Series of 1996 -~-...-~-,.-t-~ :-,-_... _ -.•w t ,-.t,: _ . or circumstances shall for any reason be adjusted by a court of" ` competent jurisdiction invalid, such judgment shall not affect _ application to other persons or circumstances. erection 9. 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.fox the health, safety, and welfare of the public, and that this ordinance is necessary for the preservaticn of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a xational relation to the proper legislative object sought to be attained. Se~r;~n l0 Suoersession Clause. Sf.any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 11. This ordinance shall take effect days after final publication. INTRODUCED, RERD, AND ; Co on this day in full in a newspaper Wheat Ridge and Public set £or Council Chambers, 7500 ADOPTED on first reading by a vote of of 1996, ordered published o~ general circulation in Che City of Hearing and consideration on final passage 1996, at 7:00 o'clock p.m., in the West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDEREn PUBLISHED on second and final reading by a vote of to ,, this day of 1996. SIGNED by the Mayor on this day of 1996. DAN WILDE, MAYOR Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAXL, CITY ATTORNEY Oct-24-96-.11:02A DEVREVFAX 303 235 2857 ---. _ P.07 Ozdinance No. Page 5 -. _,. 'Series"'of~ 19h6- F -.. <._. _._, .-., _v,- . .. .~. _, _-.-, - _ 1st Publication: 2nd Publication: _ Wheat Ridge Transcript Effective Hate: ~ c:\wp6Q\ord\telecom.ord CITY OF WgEAx RIDGE, COLORADO INTRODUCED_ BY COUNCIL. M&EiBER Council Hill No, ~^-~~ ec Ordinance No, 1049 -- _ series Of 1996 TIT7,g: AN OROI N~vC° ADOPTING A TnMFO.q;LgY MORATORIUM CN THE ACCcPTANCB, r'ROCESSING AND ISSUANCE OF HVII.DING PERiti1ITS FOR Tom, CONSTRUCTION OF TELECOhLti1[7NICAT.IONS - ~ RGRNCyS WITHIN TFie^, CITY, AND DECLARING ,~7 ~'+~F-nRP.AS, the City of Wheat Ridge, Colorado, is a. "~ acib d ty duly and regularly organized and now validl as Y cozporate home rule Constitution and laws and oolitic under and b Y existing R'aY adopt such ardinar.~ E the State of Coiora.do aYndvthate of the as are necessa relative to local and municipa.ltmatters granted to ~ to effectuate the purposes rs1d intent municipalities and such other matters gated to municipalities b of Power y the State of Calorado;ay~dcan be dele- WHERrAS, Section 1:3 of the Home Rule Charter r confers all home .rule powers-to the Cit fo_ the City Y: and provides~S~ Section 5.13 of the Home Rule Charter for the preservationtof ergency ordinances may be enacted for the i the public City Property, health, mmediate WHEREAS, the Cit Co Peace, or safety; and ordinance amending the Code o~lJhas i facilities within the Cit natiated consideration of an Y, and aws relating to telecommunications wr°~S, the City Council is concerned that owners Prape=ties within the Ci*_y may accelerate request buildin of cent=_in reaction- g Perauts for development plans and ~, proposed o to that rdinance~commuaicatians facilities ir. and a'nd pro~essin the City Council finds that a delay in the acceptance time to g °f such building ermit a best int~estnoluding November 20 PPlications for a f the Cit = 2996, ys necessa Period of consideration of ar, ,- 1' n or er or the Cit ~ and in the o_dinance on this sub; Y to complete its ,ect; and telecomc~ii~cationsofac~litie3~ssuance o Counc' f building permits fog it of the ardinarce on Prior to the consideration b exist n Cit ~ to Promote comp~ehenyvetpl nnangefand to p °eCs 9 nei hborhood integrit O" W+~"=.AT R DGE, n0~ BE IT ORDAINED HY TFI$ CI'rv COUNCIL OF THE .CITY COLORADO, AS FOL:_r OWS f ~ ~~ 1 i, \` f Sec_ Lion i~, ~ torium o_n b,;i.;;,,,, „ Council hereby declares a_.d e"'~ *s decia d. The City ance and processing of applicat or_s ~ atoa d m~upon the .acce building pezmi*_s for the corstructian o~ he issuance Pf,- munications faciiiti.es, ~nclc F, "development of. teleccm- cations towers, anreruias, accessorylbuildings and1sitesewithin+the City, Tice mcratorium shall expire on November 20, 1996. The temporary suspension of-acceptance and processing of applications and issuance of building permits as apccified in this Ordinance shall terminate as of November 20, 1996, unless terminated earlier by the City Council.- Nothing contained in this ordinance is to be construed to limit or preclude the City Council £rom termir_ation, repeal, amendment, or modification of this Ordinance prior to November 20, 1996. Section 2, Vestc~ RCS. Nothin is this Or n construed as affectin g dina._ce shall be struction where construcantyipnawas commenced or authorizedlpursuant to a building permit duly issued prior to the effective date of this Ordinance. Sec_ t= io~3, ~Prgencv Declared. purs~t to Section S.I3 of the wheat Ridge Charter, the City Council hereby finds and declares ofathi e0xds ante zsts which requires the immediate offectiveness pendin ~ in that the effective implementation. of the g ordinance relating to teleccmmunications facilities would be frustrated and prevented withcut the protection w'rich this Ordinance will give for the deliberate consideration of thaC subject. sgetion 4. Se-very ili~v. If any clause, sentence, or part of this Ordinance oz application nereof to an paragraph, circumstances shall for any reascn be V Y Person or tent jurisdiction invalid, such Judged by a court of compe- or invalidate the remainder of this O~dinancelor its applicatio ato other persons or circumstances_ Ssct~ 5 g fective D t effective upon adoption, as a rovided1 b Ordinance shall become Charter_ p y Section 5.13 < a:_ tnG INTRODUCED, READ, AND ADOPTED as an emergency ordinance by a vote of 8 to O on this 14th day of October, 1996, ordered pub- lished in full in a newspaper of general circulation in the City of wheat Ridge. SZGNED by the Mayor on this 15th day of October i 996. DP,N WIi~DE, P-LSyOR ~2D~53C3v~,la5J2_,1 - 9 - n :lK7PjUCM t-;[PG ..*S L. L.. r_. GEi3.. 25g W?_~ .. ATTEST: J . FIANDA SANG, CITY LERI( . 199b`,?G-15 -x:99 .527 P. C8. '?1 ~ To FOi2M BY Published on .October 18> I996 wheat Ridge Transcript ~ 1995 CITF ~~~.~30]]\~66]23, y -3- Oct-21-96 11:07A DEVREVFAX 303 235 2857 P_02 INTRODUCED-BY COUNCILMEMBER Council Bill No. . .... .....Ordinance` No Series of 1996 TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS, ZONING CODE RELATING TO TELECOMMUNICATIONS TOWERS, IN THE CITY OF WHEAT RIDGE, COLORADO. _. HE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws, Article 1,-Chapter 26-5. Definitions. is hereby amended as follows: Freestanding telecommunication facility: A service facility that consists of a stand-alone support facility (monopole or lattice structure), antenna and associated equipment storage. Roof or building mounted telecommunications accessory antenna: A telecommunicat-ions facility in which antenna are mounted to an existing building roof or building face. -This does not include telecommunications accessory buildings. Telecommunications accessory building: An unmanned building used to house equipment associated with a telecommunications facility. Telecommunications site: An unmanned facility consisting of equipment for the reception switching and transmission of wireless telecommunications, including, but not limited to radio, television, cellular telephone and similar technologies. Section 2. Wheat Ridge Code of Laws, Article 1, Chapter 26-21. Restricted Commercial-One District (RC-1) is hereby amended as follows: (D) Conditional Uses: (2) Roof or building-mounted telecommunications accessory antennae (E) Special Uses: (15) Freestanding telecommunications facilities and accessory buildings (16) Any other use not specifically listed in this district may be permitted as a special use where the planning commission and city council find, in addition Lo the standard review criteria for all special uses as set forth in section 26-6(B), that a specific site is uniquely appropriate for the use proposed. I I Oct-21-96 11~07A DEVREVFAX ~ 303 235.2857 P_03 Ordinance No. Page 2 Series of 1996 _ ,. _ Section 3. Wheat Ridge Code of Laws, Article 1, Chapter 26-21. Restricted-Commercial District (R-C) ie hereby amended as follows: (D) Conditional Uses: (2) Roof or building-mounted telecommunications accessory antennae (E) Special Uses: (14) Freestanding telecommunications facilities and accessory buildings (15} Any other use not specifically listed in this district may be permitted as a special use where the planning commission and city council find, in addition to .the standard review criteria for all special uses as set forth in section 26-6(B}, that a specific site is uniquely appropriate for the use proposed- Section 4, wheat Ridge Code of Lawa, Article 1, Chapter 26-22. Commercial-one District (C-1) is hereby amended as follows: (C) Permitted Accessory Uses and Accessory Buildings: (10) Roof or building-mounted telecommunications accessory antennae (s) Special Uses: (8) Freestanding telecommunications facilities and accessory buildings (9) Any other use not specifically listed in this district may be permitted as a special use where the planning commission and city council find, in addition to the standard review criteria for all special uses as set forth in section z6-6(B), that a specific site is uniquely appropriate for the use proposed. Section 5. Wheat Ridge Code of Lawa, Article 1, Chapter 26-23. Commercial-Two District (C-2) is hereby amended as follows: (C) Permitted Accessory Uses and Accessory Buildings: (10) Roof or building-mounted telecommunications accessory antennae (E) Special Uses: Oct-27.-96 11:08A DEVREVFAX- 303 235 2857 P_04 Ordinance No. Page 3 Series' of 1996 -. -,...:.~... .....,._ - (3) Freestanding telecommunications facilities and accessory buildings (4) Any other use not specifically listed in this district may be permitted as a special use where the planning commission and city council find, in addition to the standard review criteria for all special uses as set forth in section 26-6(B), that a specific site is uniquely appropriate for the use proposed. Section 6. Wheat Ridge Code of Laws, Article 1, Chapter 26-24, Light Industrial District (I) is hereby amended as follows: (C) Permitted Accessory Uses and Accessory Buildings: (6) Roof or building-mounted telecommunications accessory antennae (E) Special Uses: (30) Freestanding telecommunications facilities and accessory buildings (31) Other similar uses approved by City Council Section 7. Wheat Ridge Code of Laws, Article 1, Chapter 26.30. General Regulations are hereby amended as follows: (T) Telecommunications Facilities: 1. A building permit is required for installation of all telecommunications towers and antennas. The design and engineering of all towers-and antennas must meet the applicable provisions of the city's building codes- 2. Telecommunications towers shall be designed to maximize efficiency to allow co-location on a single lattice or monopole. 3. Telecommunications towers excluding antennas cannot exceed the maximum building height limit of the zone district in which the tower is located. 4. All freestanding towers and accessory structures shall meet. the required building setbacks of the-zone district in which they are located. 5. All telecommunications accessory buildings are limited to 400 square feet of gross floor area and 12 feet in height. Oct-21-96 11:08A OEVREVFAX .Ordinance No. Series of'1996 303 235 2857 Page 4 P_OS 6. Roof and building-mounted antennas shall be ARCHITECTURALLY COMPATABLE AND ,__..-_~ --a'== colored to match the building to which they are attached OR TOTALLY SCREENED FROM VIEW FROM ADJACENT PROPERTY LINES, AND ARE ADDITIONALLY SUBJECT TO THE FOLLOWING PROVISIONS: A. ROOF OR BUILDING-MOUNTED WHIP ANTENNAS SHALL EXTEND 230 MGRS THAN 10 FEET ABOVE PARAPET OF ANY FLAT ROOF OR RIDGE OF A SLOPED ROOF TO WHICH THEY ARE ATTACHED. B. ROOF OR WALL-MOUNTED PANEL ANTENNAS SHALL EXTEND NO MORE THAN 5 FEET ABOVE THE PARAPET OF A FLAT ROOF OR RIDGE OF A SLOPED ROOF TO WHICH THEY ARE MOUNTED. C. ROOF-MOUNTED ACCESSORY STRUCTURES SHALL EXTEND NO MORE THAN FIVE FEET ABOVE ANY PARAPET OF A FLAT ROOF UPON WHICH IT MAY SE PLACED, AND SHALL NOT BE PERMITTED UPON A SLOPED ROOF. 7. Freestanding telecommunications towers shall be visually screened from adjacent residential development and public rights- of-way. The exterior finish and color of telecommunications facilities shall be compatible with adjacent development. Specific requirements for screening, landscaping and/or exterior building finishes shall be determined by the Zoning Administrator on a site by site basis. It is not the intent of this paragraph to require total screening. e. The construction and use of a telecommunication facility shall not cause interference to other adjacent telecommunication facilities. The City of Wheat Ridge shall be held harmless if interference occurs. 9. Telecommunications facilities which are abandoned by disconnection of power service; equipment removal or lass of lease for greater than six months, shall be removed by the telecommunications facility owner. 10. ANY FREESTANDING TELECOMMUNICATION TOWER LEGALLY EXISTING UPON THE EFFECTIVE DATE OF THESE REGULATIONS, 1996, SHALL BE CONSIDERED AS LEGAL NONCONFORMING. ADDITIONAL ANTENNAS MAY HE PERMITTED TO HE COLOCATED UPON SUCH TOWERS, PROVIDED THAT THE TOWER IS CERTIFIED BY A PROFESSIONAL ENGINEER THAT IT WAS ORIGINALLY DESIGNED AND CONSTRUCTED, WITHOUT NEED OF STRUCTIIRAL MODIFICATIONS, TO HANDLE THE ADDITIONAL LORD. SAID ADDITION TO NONCONFORMING TOWERS WILL SE ALLOWED WITHOUT NEED FOR SPECIAL IISE REVIEW AND APPROVAL. THIS PROVISION DOES NOT APPLY TO ROOF OR WALL MOUNTED ANTENNAS. Section 8. ,Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person Oct-21--96 11:08A OEVREVFAX 303 235 2857 P.06 ,. Qrdinance,No. _, _. _ __ Page 5 Series of 1996 "' '' or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persona or circumstances. Section 9 Safety Clause The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power o£ 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 10 Supersession Clause If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, recn~irements and standards herein shall supersede and prevail. SECTION 11. EMERGENCY ORDINANCE O 1049 REPEALED ^PON THE EFFECTIVE DATE OF THIS ORDINANCE, EMERGENCY ORDINANCE HO. 1049, SERIES OF 1996, ZS HERESY REPEALED. Section i2. This ordinance shall take effect IMMEDIATELY UPON PASSAGE. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of _ 1996, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 1996,-at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,,this day of 1996. SIGNED by the Mayor on this day of 1996. DAN WILDE, MAYOR Wanda Sang, city Clerk APPROVED AS TO FORM BY CITY ATTORNEY Oct-21-96 11:OSA DEVREVFAX _Ordinance~No_ Series of 1996 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective-Date: c:\wp60\ord\telecom.ord 303 235 2857 - p.07 -- GERALD E. DAAL, C2TY ATTORNEY ~ Sp1'111tm Sprint Spectrum L.P. 4700 South Syracuse Telephone: 303.388.9340 Suite 600 Cenver, Colcradc 60237 October 28, 1996 Glen Giddely, Planning Director City of Wheat Ridge 7500 West 29'h~,venue Wheat Ridge, CO 80215 Re: Proposed Wireless Regulations Dear Glen, I am writing on behalf of the Wireless Telecornmunication Task Force. We have reviewed the proposed regulation changes. Below aze the Task Force comments: 1.) Under the definition section for Roof or Building mounted telecommunications accessory antenna, it is not clear what type of equipment housing is permitted. The industry commonly utilizes an accessory building or equipment cabinets to house related radio equipment. In some cases, when available and technologically feasible equipment can be housed in tenant space within the building. 2.) Under the definition for Telecommunications accessory building, cabinets should be addressed. 3.) Under the definitions for Telecommunication site, radio and television should be deleted. These aze typically high power facilities and very different from low power wireless telecommunications. In addition, Personal Communication Services (PCS), Enhanced Specialized Mobile Radio (ESMR), and Paging should be added. Cellulaz is already included in the defmition. 4.) Regazding Sections 2D (RC-1) zoned districts and Section 3D (R-C) zoned districts roof or building mounted as a conditional use, it is our position these should be permitted uses as they are in Section 4 (C-1), Section 5 (C-2) zoned districts, and Section 6 (I) zoned districts. These are low impact facilities which, with the design standards found in these regulations, should be compatible with other uses permitted in these zone districts. r 5.) nder Section 7 6 C. roof mounted structure should be allowed to extend a maximum of 7 feet above the parapet or flat roof. The equipment used by the industry is more than 5 feet tall. This equipment cannot always be placed on the roof directly and must be elevated to allow for maintenance of the roof. The industry believes it can provide quality service to the citizens of Wheat Ridge without creating any negative impact if the modification above are made. Thank you for your time and consideration. 11104/96 _AION 16: a9 FAg -~ ~ Memorandum unT€: Novemi~er4, 1996 TO: Meredith Reckert FROM: Georgia Lichte __ ~ 002 RE: Proposed Regulation Changes for the City of Wheat Ridge Meredith -Pete McNally, Mike McCreedy, and myself have reviewed the proposed regulation changes which wt11 be presented th±s evening and would like to ask *ltet you address andlor include the foltawing recommendations: Section 1. Building or Strtcture Mounted Commercial Mobile Radio Service (CMRS) facility: A CMRS facility to which antemta aze mounted to an existing strucnue (e.g., water tower, light pole, steeple, etc.) or building face. Roof Mounted Commercial Mobile Radio (CMRS) facility: A CMRS facility in which antennas aze mourned on an existing buflding roof. Please Address egaipment cabinets and associated equipment within the definition of as Existing Stricture and a RoofMounted facility. Section 2. (T) (1) Prohibition: No CMRS facility shall be constmcted in any residential district (with dte exception of Planrted Residential Dstricts pursuant to subpacagmph (3) hereof). - Pleaseaddress how this section affects legal, pre-eactsting towers such as City Hall's own tower in a Residentia42 district See section (2) psragrapb (10}, (I) (2-b) Roof Mounted CMRS facilities must receive a conditional use permit pursuant to the procedure at Sectioa 26-6(A}. Should this process be permitted by right if the facility is properly screened and we are meeting the amndards set in section (5). (1) (4) Multiple Providers: No mare than one roof-mounted or freestanding CMRS facility maybe constructed or maintained upon a property in a single ownership, provided, however, that additional CMRS facilities may be apgroved at Ute same location by conditional or special use review, consi,4ent with subsection ('h (2), provided s!1 other requirements of Section (T) and the Zoning Ordinance are met. Rather than preciade collocation on roof tops, why not establish set design standards which are addressed fn (T) (5): Roof Mounted CMRS facilities shall be totally screened from view Prom adiaeent arouerty tines. Cl7 (6-b) The maximum profusion of such facilities from the building or sfuetuce face to which they are attached shall. be ane foot. On existing building facilities a minimum 18" is necessary to get an adequate separation between antennas and a T' minimum is necessary ov eon-existing tower facilities, NOU-07-1996 0945 CLOBBER CONSULTING 3034945832 P.01 CLOBBER CONSULTING LIMITED LIABILITY COMPANY 4305 Darley Ave. • Boulder, CO.80303-6027 _ _ Phone (303) 499-0710 • Fax {3031494-5832 sy FacstmEle (2si;s-oa~~) November 5, 199& Gerald Dahl, Esq. Gorsuch Kirgis L.L.C. 1401 Seventeenth Street, Suite 1100 Denver, GO BO?4? Re: Dear Jerry: Gouncil Bill 1045 Wireless Facility Ordinance (®en Crown Hiii) This morning i received a copy of the wireless facility ordinance which will be presented to the Gity Gouncil on November 1S. I have one suggested Change to this drafk. !suggest that Section 2(7)(10) be amended as follows: (1p) Any #reestanding-CMRS facilities legally existing upon the effective date of these regulations, November 18, 1996, shall be considered legal nonconforming uses. Additional antennas may be permitted to be collocated upon such fteestandina GMRS facilities, provided such facility is cerfrfied by a registered, professional engineer that it was originally designed and constructed, without need of structure! mod cations, to handle the additional load. Said addition to nonconforming freestanding facilities will be allowed without the need far special use review and approval. Please give me a call to discuss this. Thank you. Very truly yours, ~rln Ann S. Glasser cc: Jane Alcorn (by facsimile) James Kurtz-Phelan, Esq. (by facsimile) Gary Pultz (by facsim"sie) encl. /asc TOTPL P.01 ./ CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 1045 Ordinance No. Series of 1996 TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS RELATING TO COMMERCIAL MOBILE RADIO FACILITIES IN THE CITY OF WHEAT RIDGE, COLORADO BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. Wheat Ridge Code of Laws, Article 1, Chapter 26-5. Definitions is hereby amended by the addition of new definitions as follows: Building or Structure Mounted Commercial Mobile Radio Service (CMRS) facility: A CMRS facility in which antenna are mounted to an existing structure (e.g., water tower, light pole, steeple, etc.) or building face. Commercial Mobile Radio Service (CMRS) Accessory Building or ~~ cabinet: An unmanned .building or cabinet used to house equipment associated with a CMRS facility. Commercial Mobile Radio Service (CMRS) Site: An unmanned facility consisting of equipment for the reception, switching and transmission of wireless telecommunications, including, but not limited to personal communications service (PCS1, enhanced specialized mobile radio (ESMR), paging, cellular telephone and similar technologies. Freestanding Commercial Mobile Radio Service (CMRS} facility: A CMRS facility that consists of a stand-alone support facility (monopole and/or lattice structure), antennae, associated equipment, accessory buildings and equipment cabinets. Roof Mounted Commercial Mobile Radio Service (CMRS} facility: A CMRS facility in which antenna are mounted on an existing building roof. Section 2. Wheat Ridge Code of Laws, Article 1, Chapter 26-30. General Regulations are hereby amended by the addition of the following new section: '.6~~ v{ GED153027\168365.1 s (T) Commercial Mobile Radio Service (CMRS) facilities: (1) Prohibition: No CMRS facility shall be constructed in any residential district (with the exception of Planned Residential Districts pursuant to subparagraph (3) hereof). i2) Review Procedure: General: Proposed CMRS facilities in the RC-1, RC, C-1, C-2, I, A-1 and A-2 Zone Districts shall be reviewed pursuant to the following procedures: (a) Building or Structure Mounted CMRS facilities shall be reviewed by the Department of Planning and Development for compliance with the requirements of the Zoning Ordinance. {b) Roof Mounted CMRS facilities must receive a conditional use permit, pursuant to the procedure at Section 26-6(A). (c) Freestanding CMRS facilities must receive a special use permit,- pursuant to the procedure at Section 26-6(B). (3) Review Procedure: Planned Development Districts: Roof mounted and freestanding CMRS facilities proposed for construction in any Planned Development District (includ- ing Planned Residential Districts); unless specifically listed or shown as such in the Final Development Plan, require amendment of the Final Development Plan Building or structure mounted CMRS facilities proposed forconstruc- tion in any Planned Development District (including Planned Residential Districts), may be permitted by the Department of Planning and Development pursuant to Section 26-25, provided the proposed facility is consistent with the character of the District. f4) Multiple Providers: No more than one, i"1)roof-mounted or freestanding CMRS facility may be constructed or maintained upon a property in single ownership, provided, however, that additional CMRS facilities may be approved at the same location by conditional or special use review, consistent with subsection (T)(2), provided all other requirements of Section (T) and the Zoning Ordinance are met. GE0153027U 68365.7 -2- f51 Building or structure mounted CMRS facilities shall be subject to the following requirements: (a) Such facilities shall be architecturally compatible with and colored to match the building or structure to which they are attached. (b) The maximum protrusion of such facilities from the building or structure face to which they are attached shall be two (21 feet. (c) Building or structure mounted whip antennas shall extend no more than 10' above the highest point of the building or structure to which they are attached. (6) Roof Mounted CMRS facilities shall be totally screened from view from adjacent property lines. Such facilities are additionally subject to the following requirements: (al Roof mounted CMRS whip antennas shall extend no more than 10 feet above the parapet of any flat roof or ridge of a sloped roof to which they are attached. (b) Roof mounted CMRS panel antennas shall extend no more than 7 feet above the parapet of a flat roof or ridge of a sloped roof to which they are mounted. (c) Roof mounted CMRS accessory structures shall extend no more than 7 feet above any parapet of a flat roof upon which they may be placed, and shall not be permitted on a sloped roof. (7) Freestanding CMRS facilities shall be visually screened from adjacent residential development and public rights- of-way as follows: (al All accessory buildings and equipment cabinets shall be totally screened from view from adjacent property lines. (b) Screening, landscaping and/or exterior building finishes and colors shall be compatible with the existing character of the site and adjacent properties and shall be determined as part of the special use permit review process. GED1830271168365.1 -3- (8) The construction and use of a CMRS facility-shall not cause interference to other adjacent CMRS facilities. The City of Wheat Ridge shall be held harmless if interference occurs. ` (9) CMRS facilities which are abandoned by disconhection of power service, equipment removal or loss of-lease for greater than six months shall be removed by the CMRS facility owner. Should the owner fail to -remove the facilities, the City may do so at its option, and the costs thereof shall be a charged against the owner:- .,t. (10) Any freestanding-CMRS facilities legally existing upon the effective date of these regulations, November,.'; 8, 1996, shall be considered legal nonconforming usesdditional antennas may be.permitted to be collocated'upon such facilities, provided such facility is certified by~aregistered, professional engineer that it was originally signed and constructed, without need of structural modifications, to handle the additional load. Said 'addition to nonconforming ;f~r~eestanding facilities will~~e allowed without need f or,pecial use review and approval. This provision does-rlat_apply to roof or buildt~mounted CMRS facilities. ~` axz; ~; -~~ Section 3. Safety Clause. The ~~ Council hereby finds, datezmines, and declares that ~... this Ordinance is promulgated underrthe,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 foe'the protection of public convenience and welfare. The City Council further determines` h t the Ordinance bears a rational relation to the proper legislative object sought to be attained. 3~ ;, ~ ~' A Section 4. Emergency Ordinance No. 1049 Reoealed.E,~mergency Ordinance No. , __,_ 1049, Series of 1996, is hereby repealed. `i Section 5. Severabilitv. If any clause, sentence, paragraph,. or part of this Ordinance or Application thereof to any person or circumstances shall for-any reason be judged by a court of competent jurisdiction invalid,-such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or-circumstances. Section 6. Effective Date. This Ordinance shall take effect immediately upon adoption. INTRODUCED, READ, AND ADOPTED on first reading by a•vote of _ to on this day of , 19 ,ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for October 28, 1996, and continued forfirial action to November 18, 1996 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. GED\53027\t 68365. i -4- .~ READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to _, this _ day of , 19 SIGNED by the Mayor on this _ day of 19_. ATTEST: DAN WILDE, MAYOR WANDA SANG, CITY CLERK APPROVED AS TO FORM BY CITY ATTORNEY 1 st Publication: 2nd Publication: Wheat Ridge Transcript Effiective Date: GERALD E. DAHL, CITY ATTORNEY GED\530271168365.1 _5_ 11/19/96 15:38:53 RIGHTFAX 4.68-> 383 235 2657 RightFAX Page 68Z CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SILER Council Bill No. Ordinance No. 1045 Series of 1996 TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS RELATING TO COMMERCIAL MOBILE RADIO FACILITIES IN THE CITY OF WHEAT RIDGE, COLORADO BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. Wheat Ridge Code of Laws, Article 1, Chapter 26-5; Definitions,. is hereby amended by the addition of new definitions as follows: (~ Building or Structure Mounted Commercial Mobile Radio Service tGMRS) facility: A CMRS facility in which antenna are mounted to an existing structure (e.g., water tower, light pole, steeple, etc-} or building face. Commercial Mobile Radio Service (CMRS) Accessory Building or cabinet: An unmanned building or cabinet used to house equip- ment associated with a CMR$ facility. Commercial Mobile Radio Service (CMRS) Site: An unmanned facility consisting of equipment for the reception, switching and transmission of wireless telecommunications, including, but not limited to personal communications service (PCS}, enhanced specialized mobile radio tESMRI, paging, cellular telephone and similar technologies. Freestanding Commercial Mobile Radio Service (CMRSI facility: A CMRS facility that consists of a stand-alone support facility (monopole and/or lattice structural, antennae, associated equip- ment, accessory buildings and equipment cabinets. Roof Mounted Commercial Mobile Radio Service (CMRS) facility: A GMRS facility in which antenna are mounted on an existing building roof. ~ ~~ ~,, ~1 e e Sect o .Wheat Ridge Code of Laws, Article 1, Chapter 26-30. General Regulations are hereby amended by the addition of the following new section: GE0153G2J1183385.2 1119/96 15:31:35 RIGRTFA% 4.88-> 383 235 2857 RightFA% Page 883 iT1 Commercial Mobile Radio Service ICMRS} facilities: it) Prohibition: No CMRS facility shall be constructed in any residential district {with the exception of Planned Residential Districts pursuant to subparagraph {3) hereofl. 12) Review Procedure: General: Proposed CMRS facilities in the RC-f, RC, C-t, C-2, I, A-1 and A-2 Zone Districts shall be reviewed pursuant to the following procedures: la) BuildingorStructureMountedCMRSfacilitiesshall be reviewed by the Department of Planning artd Development for compliance with the requirements of the Zoning Ordinance. Ib} Roof Mounted CMRS facilities must receive a conditional use permit, pursuant to the procedure at Section 26-6Iq}, Ic) Freestanding CMRS facilities must receive a special use permit, pursuant to the procedure at Section 26-6(B}. 13} Review Procedure: Planned Development Districts: Roof mounted and freestanding CMRS facilities proposed for construction in any Planned Development District (includ- ingPlanned Residential Districts};unless specifically listed or shown as such in the Final Development Plan, require amendment of the Final Development Plan. Building or structure mounted CMRS facilities proposed for construc- tion in any Planned Development District {including Planned Residential Districts), may be permitted by the Department of Planning and Development pursuant to Section 26-25, provided the proposed facility is consistent with the character of the District. i4) Multiple Providers: No more than one (1 }roof-mounted or freestanding CMRS facility may be constructed or maintained upon a property in single ownership, provided, however, that additional CMRS facilities may be approved at the same location by conditional or special use review, consistent with subsection lTl[2}, provided all other requirements of subsection tT} and the Zoning Ordinance are mst. GED453ff1T188385.2 _Z_ 11/,19/96 15:32:17 RtGHTFAR 9.88-> 3B3 235 2857 RightFA% Page BB4 15) Building or structure mounted CMRS facilities shall be subject to the following requirements: (a) Such facilities shall be architecturally compatible with and colored to match the building or structure to which they are attached. {b) The maximum protrusion of such facilities fromthe building or structure face to which they are attached shall be two {2) feet. (c) Building or structure mounted whip antennas shall extend no more than 10' above the highest point of the building or structure to which they are attached. (6) Roof Mounted CMRS facilities shall be screened or camouflaged as appropriate from view from adjacent property lines. Such facilities are additionally subject to the following requirements: (a) Such facilities shall be architecturally compatible with and colored to match the building or structure to which they are attached. (b) Roof mounted CMRS whip antennas shall extend no more tfian 7 0 feet above the parapet of any flat roof or ridge of a sloped roof to which they are attached. (c) Roof mounted CMRS panel antennas shall extend no more than 7 feet above-the parapet of a flat roof or ridge of a sloped roof to which they are mounted. td) Roof mounted CMRS accessory structures shall extend no more than 7 feet above any parapet of a flat roof upon which they may be placed, and shall not be permitted on a sloped roof. {7) Freestanding CMRS facilities shall be visually screened from adjacent residential development and public rights- of-way as follows: {a1 All accessory buildings and equipment cabinets shall be totally screened from view from adjacent property lines. GED15302T788385.2 -3- 11/.19/% 15:32:57 RI6RTFA% 4.BB-> 383 235 2857 RightFA% {bl Screening, landscaping and/or exterior building finishes and colors shall be compatible with the existing character of the site and adjacent properties and shall be determined as part of the special use permit review process. 18} Pursuant to Charter Section 5.10.1, and notwithstanding any other provision of this Code tothe contrary, no CMRS facility shall exceed the height limit applicable to the underlying zone district in which such facility is located. {g} The construction and use of a CMRS facility shall not cause interference to other adjacent CMRS facilities. The City of Wheat Ridge shall be held harmless if interference occurs. 1101 CMRS facilities which are abandoned by disconnection of power service, equipment removal or loss of lease for greater than six months shall be removed by the CMRS facility owner. Should the owner fail to remove the facilities, the City may do so at its option, and the costs thereof shall be a charge against the owner. (111 Notwithstanding any provision of this Section T to the contrary, any freestanding CMRS facilities legally existing upon the effective date of these regulations: November 18, 1996, shall be considered legal noncon- forming uses. Additional antennas may be permitted to be collocated upon such facilities, provided such facility is certified by a registered, professional enginesr that it was originally designed and constructed, without need of structural modifications, including increased height, to handle the additional load. Any such addition to noncon- forming freestanding #acilities will be allowed only upon special use review and approval pursuant to Section 26-6(B}. This provision does not apply to roof or building mounted CMRS facilities. Page BBS Section 3. 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 4. Emergenev Ordinance No 1049 Repealed. Emergency Ordinance No. 1049, Series of 1996, is hereby repealed. GE~453~T188385.2 -4- 11/d9/96 15:33:95 R[GHTPAR 4.BB-> 383 235 2657 RightFA% Page 886 Section 5. Severability. If any clause, sentence, paragraph, or part of this Ordinance or Application thereof to any person or circumstances shall for any reason be judged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other parsons or circumstances. ction6. Effective Date. This Ordinanceshalltakeeffectimmediatelyuponadoption. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on the 12th day of August, 1996, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage sat for October 28, 1996. Revised, ordered, republished in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage continued to November 18, 1996 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this 18th day of November, 1996. SIGNED by the Mayor on this _ day of , 1996. DAN WILDE, MAYOR ATTEST: _ _ ._. . WANDA SANG, CITY CLERK APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY 1st Publication: August 16, 1996 2nd Publication: October 4, 1996 Wheat Ridge Transcript Effective Date: November 18, 1996 3rd Publication: November 8, 1996 4th Publication: ceo~ssoznise3es.z -5- 1 ""~A P _ r'; ~ ~ti ' C i 1 J 4tl ? - - i A -~~~ ~} I ; { _, § 26-30 ' ~~E CITY CODE _ ~ _ [s ~ yy °, Y sw $f P ,^ `If the subject parcel adjoma a res ~ dinance shall not apply tb American Cable- ~I,r - identialxouetallantennasahallbe vision'ofWhea~~idge_oranysuccessor,ad- , ~ , placed a ~ninunum of tea (10)'-£eet drtional franc~r9ee -or p`ermittee under from any dot hne,`and efl'eetively chapter 23 of the Code of Laws of the City - "~ ` ' aft ~'creened a Fence wall o e - of.Wheat Ridge l' ~, nfisi`s-tcreegirig he "e'~o a `maxu~m~r~;; ,.. , ~ ~ :~ - ~ ~ -. _;. v ~se~ ,:. _ a(10)- Statement off' purpose The city council of hea hit o'f;s^rx'(6~'"feet- ~sid fence - (7) ~~ ~ , v` v (8) q grant variances, fr m t e provisions" of this section 26-30(J). ~--~ wall or-hedge shall be located pn or~near the lbt line bounding the residential' zpne~'and shall other- wise comply"with the applicable zoning requirements governing its location. ,. Satellite earth station construction; support structures: (a) On~T galvanized- mewl. support con- ' stx~ekien equivalentshall be per- mitted. (b) The structure, installation and elec- trical wiring must be in conformance with the National Electrical Code and any` other applicable"' city Rbuilding, z~g` fire codes. (c) Only a concrete base or'caissons, de• pending on soil conditions, extending not less than three (3) feet below the surface, shall be employed in line with grade. (d) The structure, including the founda- tion,'shall be designed tp withstand :,., _.. wind ee;-of up fo ninety'~(JO) miles per hour.___ (e) Any driving motor shall be limited to 125-vplt maximum design voltage and all other rota~ing~part~ shall be con- tained in p tective guards. ~(fl -The satellite"'earth station shall be bonded to ~ grounding rod in accor- dancawith erequirements-provided in e National Electrical-. Bo¢rd of ¢djustment ¢uthority, Authority is expressly granted to-tile board of adjust- ment to hear re u ~ for variance and~o (9) Exemption of cable television permittee. It is the expressed intent of the Wheat Ridge City Council that the provisions of this Or- _ _ the qty ofV4heatRidge is cognizant of the _, , , ,provisions of the rule adopted by the Fed- - . eral, Communications Commission as Sec- - tion 25:104 of the Commission's Rules and Regulations. As.its response thereto, the city council does hereby declare that the purpose of adopting this section 26-30(J) is to protect the aesthetic integrity of the City ' of Wheat Ridge and the neighborhoods thereof. In adopting said section 26-30(J7, the city council has attempted to adopt reg- uIations which provide for such aesthetic protection while placing the least possible ,. ,restrictions or limitations upon the legiti- .., mate ability of residents to avail themselves of the currentand future technology repre- sented by satellite signal-receiving earth stations. The city council has knowingly and intentionally provided for restrictions on such aspects of satellite signal-receiving earth stations as color and location and roof mounting because those aspects of regula- tion relate directly to aesthetic consider- ations which are important to all residents of the city, not just those who choose to avail themselves of the technology of satellite signal-receiving earth stations, and those aspects of regulations which are deemed not to interfere unreasonably with the right of a homeowner or business owner to avail himself of, and to receive, said technology. In addition, the right of an aggrieved prop- erty owner to seek a variance from the pro- visions of this section 26.30(J) provides ad- equateprotection, without unreasonable or excessive cost, of the rights of both the user of the technology and the remaining prop- erty owners within the city. (K) Overlay Zone: (1) Purpose. This section 26-30(K) is enacted for the purpose of regulating the uses of property, and design and the development criteria applicable to properties, within C ~,. Supp. No. 5 130 U ' ,. .. ZONING :BIND DEVELOPMENT ~• .,u. _...,.. ~f;;.i,t;~yU,f;,earth;station wifih _suffxcient' de- ~,, ~,:., ., a to show the methoxc~ of as- ~qr j5~embly and construction.¢~ "`(c)~' The written application shall indicate ~..tfie names of the owner(s) of the r~jgct a;.. _. ~ropeity~ the. occupant of the. su ject pmperL~, tyre occupant of t14e~'suliject „premises and the contractor or other person proposed to constrixot or erect the proposed satellite earth station. (d) The director of punning and develop- ment, or his designee, may issue the permit, provided the applicant has met ail requirements of this chapter. (4) Permit fee. Prior to issuance of a permit for a satellite earth station, the applicant shall pay the fee specified by the Uniform Building Code for building permits, based on valuation of the project. (5) Inspection ¢nd inst¢ll¢tion. The director of planning and development, or his designee, may inspect and reinspect erected or in- stalledsatellite earth stations, and should, in his opinion, any structural or electrical deficiencies become apparent or develop with regard to the satellite earth station such as to cause said station to be or to became out of compliance with any city- adopted codes or ordinances or regulations, he shall require compliance with the provi- sions of applicable codes. (6) Loc¢tion of satellite earth stations: (a) Residential Zone Districts: A satellite earth station may be located in a resi- dential zone, provided that it is: 1. Neutral in color, nonreflective and bears no advertising emblem or in- formation other than the name of the manufacturer in letters not to exceed two (2) inches in height; and 2. Limited to one (1) per lot, except multifamily developments may have one (1) per main building where there are multiple main buildings on a lot; and 3. Not in excess of twelve (12) feet in diameter; nor fifteen (15) feet in height; and Supp. No. 5 1779 6. C;~ ~y ~' 4' I S ~ n~ 3*Fot roof-mounted; and Zocated gnly in the rear or side . ~° yard yvith thebase a minimum of ten (10~ feet`liom qny property line, 'eseeptthat where a side yard abuts ` a pu"blics`tr~t;'sueh antenna shall not be:peited:in that.yard; and Screexie so that the-fall visual im- ps ' o~ saEell3te receiving antenna slial'I' be redtiiced:. Ff the subject parceL,ac[jbins aresidential' zone, all antennas skull be effectively screened by a fence„ wall or dense screening hedge to a maximum height of six (6) feet.~a3d=fence weir-or- hedge°sha~l-be°`lucat~rl'bi~ orthe-3ot~ine°'15oitiidin'g"'th`e re~deratial-zone-and=shall°°uth- Vf+eompl~--with^~the°tipji`ii~le-- zgreq~ements governiit°s""~ location. (b) Business, Commercial or Industrial Zone Districts: A satellite earth sta- tion may be located in any business, commercial or industrial zone, provided that it is: 1. Neutral in color, nonreflective and bears no advertising emblem or in• formation other than the name of the manufacturer in letters not to exceed two (2) inches in height; and 2. Limited to one (1) per lot or per main building; and 3. Not in excess of twelve (12) feet in diameter or twenty (20) feet in height (unless roof-mounted); and 4. Not in excess- of the maximum height of the zone district in which thesatellite earth station is located if reof-mounted. A study of roof ca- pabilities to handle the additional load shall be submitted with permit and plans; and 5. Not constructed any closer to the ground, if not located directly on the ground, then seven (7) feet above ground level; and , 6. Not located between a building and a front lot line, ifground-mounted. '~ ekw4 +` ~'yv-~T -.-- "' ^^ ~ shall ta1ce precedence: ~, s ,.~ ,~sa.,. :sixf~ ~ , ,or~gher~v`I~ere iii _,. ,,. _ ~, permute ~ placed"on (8) Maintenance-All fences shall be maiiit~a`med '~ top of a fence~shall nut be counted , , m a stx~ctnrally sound and safe condstion, toward tlie'.lieight oFa fence. The ; ~, and shall not be allowed to deteriorate so barbed wire p'~laced on ~ of a fence g,, ~, P as to become unsightly_nuisances to neigh- , a: x shall not be„~greater than two (2) boring property or to the general public feet m hQight and, shall point in " '°- ~,`~~'"; ` - wards to d~t~l~eproperty T "(~ Satellite Receiving`EarGh Statzons .-~ ~' (5) Fence type prohzbz~d x 1) Term defined. A satellite earth station" ~ ~z t ..': " ~ ~+3 ~~• means an antenna of any size, shape or de-. :~ ~ a= ' (a) Any fence, if in the opinion of the chief ~ ; . scription designed, for the purpose of re- "_ ;~ building inspect`or,"public works di '~ ceiving microwave ,transnussions-directly rector, or elnef of police; that would con or indirectly from satellites stitute ahazardto the health or safety location and ee. No of any person;''snd` '` ' ~ %(2), Permit required; dpp f ~'~ . (b) Any fence ~y1 Bch does not comply with person shall;Erect a satellite earth,stataon . the pro~nsions hereof, unless avan- inthe city without first obtaining a permit, ance has been approved and no instaAation or erection shall com- mence before such permit is issued.- (6) Planned developments. Fences and diva- lzcation or ermit and plans: sional walls within a planned development (8) APP ~ f P may vary from the standards set forth (a) Any person who desires to install or , herein; however, in such case they must be erect a satellite earth station shall in conformance with the provisions specif- apply to the department of planning ically set forth for fencing and walls as ap- and development for apermit.-An oc- proved in the or'ficial development plan. cupant, renter or co-owner. shall-have ('n Recreational fences: the written permission of all owner(s) r of the lot, ,premises or parcel of land ~'~' (a) Open fences (over eighty (80) percent within the city on which suchsatellite p y g ":x. ti •. earth station is proposed tp be installed ~,.; o en) ma be'cone~racted to a hei ht ' ; not to exceed..-ten (10).feet.for the uses _ -: or erected- __' - listedbelow.,Suchfences shall conform ~) The applicant shall submit a written ~'~ to all setbacke~ements for s{ruc y,., ~ ;.,application upon forms provided by the L"'' ~~ - P ~ ~ department of planning and develop- tures in tlusrydietnct . : ~ ri - ~ ;:. ~-~ ~, ~ '~~" 'went and shall also submit: Recreational uses y _ 1. A plot plan of the property or . `` I. Temps courts _` .-_ parcel of land showing the exact ~' 2. Volley ball.courts. location of the proposed satellite earth station and all other build- a ` 0 ~ 3. Swimming pools. • 4. Golf driving ranges. ings on the subject property, ~ g~ 5 -Goals arirt'~ackstoPs 2. ?. description of the kind of satel- __. /" ,~ 6 Other similar uses,, _ -" ~~ life earth station proposed, (b) Swimming pool'sshallbeenclosedbya ; 3. Plans showing spec cations and.' aix-foot fence,; with all gates being_self _ ~ elevations of the proposed satellite NUJ ~ ! y~ ' Supp. No. 5 \„~Y`' ~\~ yyy ~ 7 , V »> / }_ ., . 5'Tp-F~ks ~ St RAJ ~ se o+ INTRODUCED BY COUNCILMEMBER Council Bill No. Ordinance No. Series of 1996 TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS, ZONING CODE RELATING TO TELECOMMUNICATIONS TOWERS, IN THE CITY OF WHEAT RIDGE, COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws, Article 1, Chapter 26-5. Definitions. is hereby amended as follows: Freestanding telecommunication facility: A service facility that consists of a stand-alone support facility (monopole or lattice structure), antenna and associated equipment storage. Roof or building mounted telecommunications accessory antenna: A telecommunications facility in which antenna are mounted to an existing building roof or building face. This does not include telecommunications accessory buildings. Telecommunications accessory building: An unmanned building used to house equipment associated with a telecommunications facility. Telecommunications site: An unmanned facility consisting of equipment for the reception switching and transmission of wireless telecommunications, including, but not limited to radio, television., cellular telephone and similar technologies. Section 2. Wheat Ridge Code of Laws, Article 1, Chapter 26-21. Restr_iated Commercial-One District (RC-1) is hereby amended as follows: (D) Conditional Uses: (2) Roof or building-mounted telecommunications accessory antennae (E) Special Uses: (15) Freestanding telecommunications facilities and accessory buildings (16) Any other use not specifically listed in-this district may be permitted as a special use where the planning commission and city council find, in addition to the standard review criteria for all ..special uses as set forth in section 26-6(B), that a specific site is uniquely appropriate for the use proposed. ., Ordinance No. Page 2 Series of 1996 _._ _: Section 3. .Wheat Ridge Code of Laws, Article 1, Chapter 26-21. Restricted-Commercial District (R-C)_ is hereby amended as follows: (D) Conditional Uses: (2) Roof or building-mounted telecommunications accessory antennae (E) Special- Uses: (14) Freestanding telecommunications facilities and accessory buildings (15) Any other use not specifically listed in this district may be permitted as a special use where the planning commission and city council find, in addition to 'the standard review criteria .for all special uses as set forth in section 26-6(B), that a specific site is uniquely appropriate for the use proposed. Section 4. Wheat Ridge Code_of_Laws, Article 1, Chapter 26-22. Commercial-One District (C-1) is_hereby amended as follows: (C) Permitted Accessory_Uses and Accessory Buildings: _._ (10) Roof or building-mounted telecommunications accessory antennae (E) Special Uses: (8) Freestanding telecommunications facilities and accessory buildings (9) Any other use not specifically listed in this district may be permitted as_ a special use where the planning commission__and city council find, in addition to the standard review criteria for all special uses as set forth in section 26-6(B), that a specific site is uniquely appropriate for the use proposed. Section 5. Wheat Ridge Code of Laws, Article 1, Chapter 26-23. Commercial-Two District (C-2). is hereby amended as follows: {C) Permitted Accessory Uses and Accessory Buildings: (10) Roof or building-mounted telecommunications accessory antennae {E) Special Uses: Ordinance No. Series of 1996 Page 3 (3) Freestanding telecommunications facilities and accessory buildings (4) Any other use not specifically listed in this district may be permitted as a special use where the planning - commission and city council find, in addition to the standard review criteria for alI special uses as set. forth in section 26-6(B), that a specific site is uniquely appropriate for the use proposed. Section 5._ Wheat Ridge Code of Laws, Article 1, Chapter 26-24. Light Industrial District (I) is hereby amended as follows: (C) Permitted Accessory Uses and Accessory Buildings: (6) Roof or building-mounted telecommunications accessory antennae (E) Special Uses: (30) Freestanding telecommunications facilities and accessory buildings (31) Other similar uses approved by City Council Section 7. Wheat Ridge Code of Laws, Article 1, Chapter 26.30. General Regulations are- hereby amended as follows: (T) Telecommunications Facilities: 1. A building permit is required for installation of-all telecommunications towers and antennas. The design and engineering of all towers and antennas must meet the applicable provisions of the City's building codes. 2 3. 4 5 Telecommunications towers shall be designed to .maximize efficiency to allow co-location on a single lattice or monopole. Telecommunications towers excluding antennas cannot exceed.. the maximum building height limit of the zone district in which the tower is located. All freestanding towers and accessory structures shall meet the required building setbacks of the zone district in which they are located. All telecommunications accessory buildings are limited to 400 square feet of gross floor area and 12 feet in height. Ordinance No. Page 4 Series of 1996 6. Roof and building-mounted antennas shall be screened and/or colored to match the building to which they are attached. 7. Freestanding telecommunications towers shall be visually screened from adjacent residential development and public rights-of-way. The exterior finish and color of telecommunications facilities shall be compatible with adjacent development. Specific requirements for screening, landscaping and/or exterior building finishes shall be determined by the Zoning Administrator on a site by .site basis. It is not the intent of this paragraph to require total screening. 8. The construction and use of a telecommunication facility shall not cause interference to other adjacent telecommunication facilities. The City of Wheat Ridge shall be held harmless if_interference occurs. 9. Telecommunications facilities which are abandoned by disconnection of power service, equipment removal or loss of lease for greater-than six months, shall be removed by the telecommunications facility owner. Section 8. Severabilitv. 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 of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 9. 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 10. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code. of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 11. This ordinance shall take effect days after final publication. " . Ordinance No. _ Page 5 Series of 1996 INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 1996, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge. and Public Hearing and consideration on final passage set _f or 1996, at 7:00 o'clock p.m., in the Council Chambers, 75.00 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to this day of 1996. SIGNED by the Mayor on this day of 1996. DAN WILDE, MAYOR Wanda Sang, City Clerk ' APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: c:\wp60\ord\telecom.ord __ c~'1'Ar~rTr's ZED Rte - 5~ °'''~ AGENDA ITEM RECAP AGENDA ITEM Meeting Date 10/2g/9 ~ QUASI-JUDICIA2, X _ ___ __ _ _ Yes No _ PUBLIC HEARINGS - CITY ADM. MATTERS ELEC. OFFICIALS MATTERS _ PROC./CEREMONIES, CITY ATTY. MATTERS _ ORDINANCES FOR 1ST READING _ BIDS/MOTIONS - LIQUOR HEARINGS x ORDINANCES FOR 2ND READING INFORMATION ONLY ~. PUBLIC COMMENT RESOLUT TONS AGENDA 2TEM TITLE: Ordinance No. 1045 being reconsidered for amendments relating to Telecommunications Towers. SUNRQARY/RECOMMENDATION: City Council requested amendments to Ordinance No. 1045,' upon reconsideration, relating to building and roof- mounted telecommunications facilities. Staff has prepared revisions as indicated by BOLD lettering'c_, __ ATTACHMENTS: 1)Ordiances No. 1045 (amended) 2) 3) SUGGESTED MOTION: BUDGETED ITEM - Yes No .Fund Dept/Acct # Budgeted. Amount S Requested Expend.S Requires Transfer/ Supp.,Appropriation Yes No I move for approval of Ordinance No. 1045, as amended. I further move. that this Ordinance become effective immediately upon passage. a INTRODUCED BY COUNCILMEMBER Council Bill No. Ordinance No. Series of 1996 TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS,.. ZONING CODE RELATING TO TELECOMMUNICATIONS TOWERS, IN THE CITY OF WHEAT RIDGE, COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OE WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws, Article 1, Chapter 26-5. _ Definitions. is hereby amended as follows: Freestanding telecommunication facility:- A service facility that consists of a stand-alone support facility (monopole or lattice structure), antenna and associated equipment storage. Roof or-boil-ding mounted telecommunications accessory antenna: A telecommunications facility in which antenna are mounted to an existing building roof or building face. This does not include telecommunications accessory buildings. Telecommunications accessory building: An unmanned building used to house equipment associated with a telecommunications facility. Telecommunications site: An unmanned facility consisting of equipment for the reception switching and transmission of wireless telecommunications, including, but not limited to radio, television, cellular telephone and similar technologies. Section 2. wheat Ridge Code of Laws, Article 1, Chapter 26-21. Res-tricted Commercial-One District-(RC-1} is-hereby amended as follows: - (D) Conditional Uses: (2) Roof or building-mounted telecommunications accessory antennae (E) Special Uses: _ (15) Freestanding telecommunications facilities and accessory buildings (16) Any other use not specifically listed_in this district may be permitted as a special use where the planning commission and city council find, in addition to the standard .review criteria for all special uses as set- forth in section 26-6(B), that a specific site is uniquely appropriate for the use proposed. Ordinance No. Series of 1996 Page 2 Section 3. Wheat Ridge Code of Laws, Article 1, Chapter 26-21. Restricted-Commercial District (R-C) is hereby amended as follows: (D) Conditional Uses: (2) Roof or building-mounted telecommunications accessory antennae (E) Special Uses: (14) Freestanding telecommunications facilities and accessory buildings (15) Any other use not specifically listed in this district may be permitted as a special use where the planning -- commission and city council find, in addition to the standard review criteria for all special uses as set forth in section 26-6(B), that a specific site is uniquely appropriate for the use proposed. Section 4. Wheat Ridge Code of Laws, Article 1, Chapter 26-22. Commercial-One. District (C-1) is hereby amended as follows:-_ (C) Permitted Accessory Uses and Accessory Buildings: (10) Roof or building-mounted telecommunications accessory antennae (E) Special Uses: (8) Freestanding telecommunications facilities and accessory buildings (9) Any other. use not specifically listed in this district may be permitted as a special use where the planning commission and city council find, in addition to the standard review criteria for all special uses as set forth in section 26-6(B), that a specific site. is uniquely appropriate for the use proposed. Section S. Wheat Ridge Code of Laws, Article 1, Chapter 26-23. Commercial-Two District (C-2) is hereby amended as follows: (C) Permitted Accessory Uses and Accessory Buildings: (10) Roof or building-mounted telecommunications accessory antennae - (E) Special Uses: Ordinance No. _- Page 3 Series of 1996 (3) Freestanding telecommunications facilities and accessory buildings - (4) Any other use not specifically listed in this district may be permitted as a special use where the planning commission-.and city council find, in addition to the standard review criteria for all special uses as set forth in section 26-6(B), that a specific site is uniquely appropriate for the use proposed. Section 6. Wheat Ridge Code of Laws, Article. 1, Chapter 26-24. Light Industrial District (I) is hereby amended as follows: (C) Permitted Accessory-Uses and Accessory Buildings: (6) Roof or building-mounted telecommunications accessory antennae- (E) Special Uses: (30) Freestanding telecommunications facilities and accessory buildings (31) Other similar uses approved by City Council Section 7. Wheat Ridge Code of Laws, Article 1, Chapter 26.30. General Regulations are hereby amended as follows: (T) Telecommunications Facilities: 1. A building permit is required for installation of all telecommunications towers and antennas. The design and engineering of all towers and antennas must meet the . applicable provisions of the City's building codes. 2. Telecommunications towers shall be designed to maximize efficiency to allow co-location on a single lattice or monopole. 3. Telecommunications towers excluding antennas cannot exceed the maximum building height limit of the zone district in which the tower -is located. 4. All freestanding towers and accessory structures shall meet- the required building setbacks of the zone district in which they are located. 5. A11 telecommunications accessory buildings are limited to 400 square feet of gross floor area-and 12 feet in height. -.~ Ordinance No. Page 4 Series of 1996 6. Roof and building-mounted antennas shall be ARCHITECTURALLY COMPATABLE AND ~,.a _~.,'..v colored to match the building to which they are attached OR TOTALLY SCREENED FROM VIEW FROM ADJACENT PROPERTY LINES, AND ARE ADDITIONALLY SUBJECT TO THE FOLLOWING PROVISIONS: A. ROOF OR BUILDING-MOUNTED WHIP ANTENNAS SHALL EXTEND NO MORE THAN l0 FEET ABOVE PARAPET OF ANY FLAT ROOF OR RIDGE OF A SLOPED ROOF TO WHICH THEY ARE ATTACHED. B. ROOF OR WALL-MOUNTED PANEL ANTENNAS SHALL EXTEND NO MORE THAN 5 FEET ABOVE THE PARAPET OF A FLAT ROOF OR RIDGE OF A SLOPED ROOF TO WHICH THEY ARE MOUNTED. C. ROOF-MOUNTED ACCESSORY STRUCTURES SHALL EXTEND NO MORE THAN FIVE FEET ABOVE ANY PARAPET OF A FLAT ROOF UPON WHICH IT MAY BE PLACED, AND SHALL NOT BE PERMITTED UPON A SLOPED ROOF. 7. Freestanding telecommunications towers shall be visually screened from adjacent residential development and public rights- of-way. The exterior finish and color of telecommunications facilities shall be compatible with adjacent development. Specific. requirements for screening, landscaping and/or exterior building finishes shall be determined by the Zoning Administrator on a site by site basis. It is not the intent of this paragraph to require total screening. 8. The construction and use of a telecommunication facility shall not cause interference to other adjacent telecommunication facilities. The City of Wheat Ridge shall be held harmless if interference occurs. 9. Telecommunications facilities which are abandoned by disconnection of power service, equipment removal or loss of lease for greater than six months, shall be removed by the telecommunications facility owner. 10. ANY FREESTANDING TELECOMMUNICATION TOWER LEGALLY EXISTING UPON THE EFFECTIVE DATE OF THESE REGULATIONS, 1996, SHALL BE CONSIDERED AS LEGAL NONCONFORMING. ADDITIONAL ANTENNAS MAY BE PERMITTED TO BE COLOCATED UPON SUCH TOWERS, PROVIDED THAT THE TOWER IS CERTIFIED BY A PROFESSIONAL ENGINEER THAT IT WAS ORIGINALLY DESIGNED AND CONSTRUCTED, WITHOUT NEED OF STRUCTURAL MODIFICATIONS, TO HANDLE THE ADDITIONAL LOAD. SAID ADDITION TO NONCONFORMING TOWERS WILL BE ALLOWED WITHOUT NEED FOR SPECIAL USE REVIEW AND APPROVAL. THIS PROVISION DOES NOT APPLY TO ROOF OR WALL MOUNTED ANTENNAS. Section 8. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person " { Ordinance No. Series of 1996 Page 5 or-circumstances sHaZ1 for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 9._ 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 10 Supersession Clause If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. SECTION 11. EMERGENCY ORDINANCE NO 1049 REPEALED IIPON THE EFFECTIVE DATE OF THIS ORDINANCE, EMERGENCY ORDINANCE NO. 1049, SERIES OF 1996, IS HEREBY REPEALED. Section 12. .This ordinance shall take effect IMMEDIATELY IIPON PASSAGE. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 1996,.ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 1996, at 7:00 o'clock p.m., in the Council Chambers, '7500-West 2.9th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to this .day of 1996. SIGNED by the Mayor on this day of 1996. DAN WILDE, MAYOR -., _. ,-_ Wanda Sang, City-Clerk APPROVED AS TO FORM BY CITY ATTORNEY 4 Ordinance No. Series of 1996 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: Page 5 GERALD E. DAHL, CITY ATTORNEY c:\wp60\ord\telecom.ord 7 I Tv I~~~~.._ ~I i f E f F f ~ I F ~ AA N P ~ N ~ ~ N ~ i O i i v x x ti x x > ~ > <. - A~.KIRE 8T- 13200 - ZINNIA 13100 - Z3~fJG 13000 YANK 12900 - YOt.NGPIELD 12800 - XENOPHON 12'!00 - XENON 12600 - WRIGHT 12500 - WARD ROAD - 12400 - VI VIAN 12300 - VAN CORDON 12200 - URBAN 12100 - LNION 12000 - TAPT Ii900 - TABOR 11800 - SWADLEY IITOO -.SIMM55T- II600 - ROU7T 11500 ROBB 11400 - QUEEN 11300 - QUAIL 11200 PIERSON III00 - PARPET 11000 - OWENS 10900 - OAK ST 10900 - NEWMAN IOTOO - t~SON 10600 - MOORE IOSOC - Mll_ER 10<00 - LEWIS 10300 - LEE 10200 - KLINE 10100 - KIPLIN@ ST - IOODO - JOHNSON 9900 -.ELLISON 9000 - IRIB 9'100 - INDEPENDENCE 9606 - HOYT 9500 - HOLLAND 9400 - GARLAND 9300 - GARRISON ST- 9200 - PLOWER 9100 - FIELD 9000 - EVEREST 8900 - ESTES 9900 - DUDLEY BTOO -.DOVER 9600 - CORY 0500 _-- CARR 5T ~-: X00 - 9RENTWOOD 8300 - BALSAM 8200 AMMONS 9100 - ALLISON 8000 - ZEPHYR T900 - YARROW '1800 - YUKON TT00 -- WADSWORTH BLVD T6C - WEBSTER 7500 VANCE T400 - UPHAM 7300 -- TELLER T200 -SAULSBURY TI00 - ~p T000 - QUAY 6900 - PIERCE ST- 6800 - OT18 6"100 - NEWLhtm 6600 - MARSHALL 6500 - LAMAR 6400 - KENDALL 6300 ~Ay 6200 - INGAL' S 6100 -HARLhN Sf- 6000 - GRAY 5900 - PENTON 3800 - EgTON 5700 _ pE; g.~ %00 - CHASE 3500 - gcN70N 5400 - AIgES 5300 ._- SHERIDMI BUO 520( of `++HEArR From the desk of ~- ~ ; ,°m Glen Gldley ,_ Planning and Development Director ootoaaoc (303) 235-2844 ~~ ~7~1~ ~~`~` ~~e w/4~~~~G~~. F WHEgT From the desk of ~;. 9~Oam Glen Gidley Planning and Development Director °otoetoc (303) 235-2844 ~~b~ i~ -~cay i ~ ; ~ _ Z3 ~~, ~Y~~~~ _QI~O Cc~~ `~a,ra'~ r I wtM I'~ws~~ ~,~-~~~ ~ JAMES L. KURTZ-PHELAN ATTORNEY AT LAW BERENEAUM~ WEINSHIENE Ac EASON~ P. C. - ATTORNEYS AT LAW 11 26TH FLOOR, REPU B4C PLAZA 3J0 SEVENTEENTH STREET PHONE (3031825-0800 DENVER. COLORADO 80202 TE LECOPIER 13031 629 -J610 -_ AIRTOUCH'" Cellular Janc 4 Alrnrn Regional R. E. & Zoning Manager AirTOnch Ce11Waz 7028 South Climm~ S[ree[ Englewood, CO 80!12 Telephone: 303 754 6245 Portable: 303 5500046 Mobile: 303 5500047 Facsimile: 303 792 3409 Gary J. Pultz Denver MTA Senior Planner ~+ _. ~o-z~-~~ Sprill~' Sprint PCS- i=..- 4700 So. Syracuse, Suite 600 -- Denver, Colorado 80237 - Telephone: 303 48S 9399 - Fax: 303 2906367 _-_-_ _- M1fobife:303 912 2648 Pager: 1 800 785 7194 wT:;__' I rte.-.~~~-~~~~- ~.. -~ ~~~ _ _. _ _ _ iii ~a~ C~~ C3 - - -- f l - -- - - "fj!--- - ---- - - ---