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HomeMy WebLinkAboutZOA-10-01Z6iI M of ® MURRAY OAH L KUECHENMEISTER ® RENAUID LLP June 30, 2010 Ken Johnstone "Sefah Showalter Community Development City of Wheat Ridge 7500 W. 29 Avenue Wheat Ridge, CO 80033 Re: Ordinance Amending Sign Code Dear Ken and Sarah: Gerald E. Dahl "// I want to take this opportunity to apologize for leading Sarah astray on whether denial of a permit for a sign in the right of way under (new) Code 26 -708.F would be subject to appeal as a variance request. Because new Code 26 -7081 does not specifically declare that denials are not subject to a variance request, I believe that Code 26 -115.0 (administrative and BOA variance requests) still applies. Sarah reminded me that we did discuss this previously. I should have, but did not, remember to figure in Code 26 -115.0 when advising that new Code 26 -708.F was sufficient. While Councilmember Reinhart expressed an interest in an appeal process, we do not know if this view is shared by the rest of the Council. Understanding this issue is important; I will be happy to raise it with Council myself to express why the variance criteria in Code 26 -115.0 do not work well with the twelve criteria in Code 26- 708.F. Please let me know how I can help fix this. GED /wfc Attorneys at Law The Historic Sugar Building 1530 16th Street, Suite 200 Denver, Colorado 50202 Main 303.493.6670 Fax 303.477.0965 Direct 303.493.6656 gdahl@mdkrlaw.com CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DeMott COUNCIL BILL NO. 08 ORDINANCE NO. 1463 Series 2010 TITLE: AN ORDINANCE AMENDING CODE OF LAWS ARTICLE VII OF CHAPTER 26 CONCERNING OFF- PREMISE IDENTIFICATION SIGNS, COMMUNITY EVENT /SPONSORSHIP BANNERS, AND SIGNS IN THE PUBLIC RIGHT -OF -WAY WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the City Council of the City of Wheat Ridge finds that the placement of special event/sponsorship banners on city -owned property and public school properties is desired; and WHEREAS, the City Council of the City of Wheat Ridge finds that the ability to place certain signs in the public right -of -way, subject to specific criteria and a revocable permit, is desired to provide flexibility for businesses investing in the improvement of commercial sites. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26 -702 of the Code is amended to read: Sec. 26 -702. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Animated sign. A sign or parts thereof, which revolve, whirl, twirl or utilize motion, implied or actual, in a horizontal or vertical plane or both. The only animated type of signs that are permitted are "barber pole" signs. Arcade sign. Any sign projecting beneath and attached to the underside of any balcony, canopy, awning or other structural overhang or passageway. Artistic mural or sculpture. A freestanding statue or sculpture or a graphic illustration or design, or an architectural design or relief applied directly to or incorporated within a wall of a building, which does not advertise or promote a particular business, service or "branded" product. Awning. A movable shelter supported entirely from the exterior wall of a building and /or a type which can be retracted against the face of the supporting building. - Banner. A sign or advertising display constructed of cloth, canvas, fabric or other light material that is mounted with no enclosing framework intended to be displayed for a short period of time. Billboard. Any sign in excess of fifty (50) square feet in size oriented to the interstate highway utilized to advertise a product or service that is not produced or conducted on the same property as the sign. Building front. The exterior wall(s) of a building facing a public street or streets or other public right -of -way other than alleys, or one (1) exterior wall containing the primary entrance to the building if not directly facing upon a public street. Canopy. A roof -like structure serving the purpose of protecting vehicles and/or pedestrians and which may be freestanding or attached to a building, is provided with supports, and is open on three (3) sides if attached and on all sides if freestanding. Development. A single lot, parcel or tract of land or portions or combinations of lots, parcels or tracts of land which are held in single or common ownership and which exist as a distinct functional entity. Multi -use and multi- tenant buildings and multiple building complexes which are held in singular or common ownership, either by individual, corporation, partnership or other legally recognized entity, shall be considered a "development" for the purpose of signage. Erect. To build, construct, attach, hang, place, suspend, affix, relocate or reconstruct any sign or sign - supporting structure. Flashing sign. A sign that is illuminated with intermittent lighting, animated lighting or with varying intensities of light at intervals of fifteen (15) seconds or less, including a moving light or lights. Freestanding sign. A sign that is permanent and self- supporting, being nondependent on support from a building or other structure, including signs placed upon fences or nonsupporting walls. Illuminated sign. A sign that is illuminated with constant intensities of light of a non - varying nature. There are three (3) types of illuminated lights as follows: (a) Direct. Lighting by means of an unshielded light source which is effectively Changeable copy sign. A sign, either illuminated or nonilluminated, which is designed so that the message or any part of the message may be periodically changed, either mechanically or electronically, however, where a change in message occurs no sooner than every fifteen (15) seconds. -3- visible as a part of the sign. Neon lighting is considered direct lighting. (b) Indirect. Lighting which illuminates the front of a sign or the entire building facade upon which the sign is displayed, the source of the light being shielded from public view and from surrounding properties. Indirect illumination does not include lighting which is primarily used for purposes other than sign illumination, such as parking lot lighting. (c) Internal. Lighting by means of a light source which is within a sign having a translucent background and which silhouettes opaque letters or designs, or lighting within or behind letters or designs which are themselves made of translucent or opaque material. Informational sign. A freestanding or wall -type sign, not located within public street right -of -way, which gives necessary direction or non- advertising information to motor vehicle operators or pedestrians, such as entrance, exit, parking limitations or location of onsite buildings or facilities. A company logo or name no larger than one (1) square foot may be included on each such permitted sign. Lot. A tract, building site, parcel or portion of land separated from other parcels or portions by description, as on a subdivision plat of record or survey map or by metes and bounds, for the purpose of sale, lease or use. Major interior drive. A drive aisle located on private property which connects two (2) public streets or provides access to two (2) or more parcels of land or developments. Nonconforming sign. A sign which does not conform with the regulations set forth in this article, but which did meet the requirements of the regulations existing at the date of its erection. Off - premises sign. Any sign which advertises or directs attention to a business, commodity, service or activity conducted, sold or offered elsewhere other than on the property which the sign is located Painted sign. A sign that is painted directly onto the exterior surface of a building, wall or structure. Political sign. A noncommercial sign, which is exempt from permit requirements, erected or placed so as to advertise, announce, declare or state a political message, whether relating to a political campaign or election or any other issue of public concern which is protected by the First Amendment right of free speech. Portable sign. Any sign which is supported by one (1) or more uprights or braces upon the ground and which is of portable design. Projecting sign. A sign which is affixed to any building, wall or structure and which -a- extends beyond the building wall more than fifteen (15) inches. Public sign. A sign that is required by federal, state or local law or ordinance necessary for public information. Revolving sign. A sign utilizing an axis point to pivot the sign surface. Roof sign. A sign erected, constructed and maintained above the eaves and attached to the roof of a building. Semipublic sign. A sign giving information as to church location, educational institutions or service club locations. Sign. Any object or device or part thereof situated outdoors or indoors, viewed from outdoors by the general public, and which object or device or the effect produced thereby is used to advertise, announce, identify, declare, demonstrate, display, instruct, direct or attract attention by means including, but not limited to, words, letters, figures, designs, fixtures, colors, motion, illumination, sound or projecting images. Sign permit. A building permit issued for the erection, construction, enlargement, alteration, repair, relocation, improvement, removal, conversion or demolition of any sign issued pursuant to the building code of the city or this sign code. Sign structure. Any supports, uprights, braces or framework of a sign which does not include any portion of the sign message. Street frontage. For the purpose of signage, frontage upon a street is obtained by ownership, easement or leasehold only if used for vehicular access to the property, or if not used for vehicular access, only if such street frontage is at least fifty (50) feet in width. Where the regulations allow 'one sign per street frontage," the intent is that the sign allowed is placed upon or facing the street, unless specifically otherwise permitted. Surface area of sign. The total area enclosed by the shortest line that can be drawn around the entire sign, including any architectural embellishment or background material or color forming an integral part of the display and used to differentiate the sign from its surroundings. Sign support structures which do not bear advertising material shall be excluded in computation of sign area. Signs without backing (i.e., freestanding, projecting, A -frame or pedestal signs) are allowed the maximum square footage for each side for double -faced signs; however, signs having more than two (2) sides or faces shall not exceed the total face area allowed for a double -faced sign. Temporary sign. Any sign, banner, pennant, valance or other outdoor advertising sign constructed of light fabric, cardboard, wallboard, plywood, sheet metal, paper or other light materials, with or without a frame, intended or designed to be displayed for a limited period of time. Traffic and regulatory signs. Signs, signals or markings placed or erected by federal, state or local authority for the purpose of regulating, warning or guiding traffic. 5- Unlawful sign. Any sign or outdoor advertising device erected in the absence of a permit required by this article, or in violation of any of the limitations, prohibitions or requirements of this article. Unsafe sign. Any sign or advertising structure found unsafe or insecure or creating a hazard or menace to the public safety, health and welfare. Wall sign. A sign constructed of durable materials or painted and which is permanently affixed to an exterior surface of any building, wall or structure and which does not extend more than fifteen (15) inches beyond the building wall, except that signage placed upon marquees, canopies or awnings shall be considered as wall signs. Section 2: Section 26 -707 of the Code is amended to read: Sec. 26 -707. General provisions /performance standards. A. Sight distance triangle. 1. No sign is allowed which would violate the sight distance triangle requirements of section 26 -6038. 2. At signalized intersections, where both streets are collectors and /or arterial, the required sight distance shall be governed by the standards set forth in the most current edition of the policy on geometric design of highways and streets, published by the American Association State Highway and Transportation Officials (AASHTO). B. Location of signs. 1. All signs allowed by this article, except billboards, public signs, a d, semipublic signs, and 'sIgns permitted under the criteria' in sedtion 2,640,&F shall be located on the lot which they advertise. C. Streets and rights -of -way. 1. No sign shall be erected in such a location as to interfere with motor vehicle or pedestrian traffic. 2. No sign is allowed in the public right -of -way, with the exception of: a. signs on bus benches and shelters pursuant to article IV of chapter 21 b. public, semi - public, traffic, regulatory, and projecting signs, *4 3. No sign is allowed which may be construed as a traffic sign or signal or which may be confusing to motorists or mistaken as a traffic signal. 4. Where it is difficult to determine the pubic right -of -way boundary due to lack of curb, gutter and /or sidewalk, or survey markers, such boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb. Where a sidewalk exists, such boundaries shall be presumed to be two (2) feet from outside edge of sidewalk. 5. Attachment of any sign to utility poles or other poles or structures within public right -of -way is prohibited, except as approved by city council pursuant to this article. 6. Temporary signs found by an enforcement officer to be located within city right - of -way or in violation of sight triangle requirements shall be removed by such enforcement officer with no requirement of notice. D. Interference. 1. No sign is allowed which employs a lighting or control mechanism which causes radio, radar, cellular telephone or television interference. 2. No sign is allowed which, even though in general conformance with the standards and requirements of this sign code, is judged by the chief of police and public works director as a dangerous sign due to interference with a traffic control device by being in direct line between the control device and oncoming traffic or otherwise in visual competition with a traffic control device. E. Compliance with building codes. 1. No sign shall be erected, constructed or maintained which obstructs or is attached to any fire escape, window, door or opening used as a means of egress or ingress or for firefighting purposes, or is placed which interferes with any opening required for light or ventilation. 2. No sign is permitted which is structurally unsafe as determined by the chief building official, based upon criteria established in the adopted building codes. 3. The design of all sign structure members and foundation shall conform to the requirements of the building code relative to allowable stresses, materials and engineering standards. Loads, both vertical and horizontal, shall not produce stresses exceeding those specified in the building code, and material construction shall be of the quality and grade required by the building code. All signs and structures shall be designed and constructed to meet the adopted building and electrical codes. F. Outside display. 1. Notwithstanding the provisions of section 26 -631, any merchandise displayed outside of a building in such a way as to attract attention when viewed by the general public by placement upon a pole, a fence, a platform, roof or other similar device or structure shall be considered a sign and is prohibited. This shall not, however, be construed to prohibit merchandise customarily stored outside of buildings and placed upon shelves or tables, such as automobiles, campers, boats, plant materials, produce or lumber. G. Illumination. 1. All illuminated signage shall comply with section 26 -503 of the zoning and development code. 2. Signs within one hundred (100) feet of a residential structure, may be lighted indirectly or internally. 3. Signs over one hundred (100) feet from a residential structure, may use any type of lighting source, except search or flashing lights, provided that they are shaded, shielded or directed so that the light shall not adversely affect surrounding premises or interfere with safe vision on public or private roadways, including highways. 4. All direct and indirect lighting sources shall be downcast to reduce glare, sky glow and light pollution. -7- H. Maintenance. 1. Any sign, including temporary signs, that becomes discolored, ragged, shredded, detached, etc., shall be removed or repaired. Removal or reconstruction of dangerous signs. 1. All signs which are prohibited shall conform to the provisions of this article either by removal or reconstruction, whichever applies, within sixty (60) days after the owner of such sign is notified of the violation. Section 3. Section 26 -708 of the Code is amended to read: Sec. 26 -708. Miscellaneous provisions. A. Building addresses. 1. House or building address number signs shall be consistent with section 26 -419 C. - -E. of the zoning and development code. B. Signs located on bus benches and bus stop shelters. 1. Signs located on bus benches shall be in conformance with Code of Laws, article IV, section 21 -124. 2. Signs located on a bus stop shelter shall be in conformance with Code of Laws, article IV, section 21 -151. Such signs shall be limited to two (2) faces per shelter for commercial advertising purposes with a maximum of twenty -four (24) square feet perface. C. Freestanding signs -- Commercial, industrial and mixed use zone districts. 1. Where two (2) freestanding signs are permitted by virtue of multiple street frontage, each permitted sign shall be allowed to have the maximum square footage allowed based on the formulas shown in section 26- 708.C.5. In addition, the sign area allowed may be transferred from one (1) sign to another; provided, that no freestanding sign shall exceed four hundred (400) square feet in area. 2. Where multiple signs are permitted because of multiple street frontage, the signs may be erected on the same street frontage. 3. For double -faced signs, each sign face can have the maximum square footage allowed. 4. Landscaping requirement: For new development or total redevelopment, all freestanding signs shall be placed within landscaped areas. 5. Maximum sign area: Based upon the following table: Maximum Sign Area (Square Feet = s.f.)" TABLE INSET: Floor Area of Building Single Use Development Multiple Use Development 0- -1,500 s.f. 35 s.f. 60 s.f. N Floor Area of Building Single Use Development Multiple Use Development 1,501 - -5,000 35 s.f. plus 1 s.f. per each additional 50 60 s.f. plus 1 s.f. per each additional s.f. s.f. of floor area over 1,501. 40 s.f. of floor area over 1.501. 5,001 -- 100 s.f. plus 1 s.f. per each additional 150 s.f. plus 1 s.f. per each 300 s.f. of 50,000 s.f. 500 s.f. of floor area over 5,001. floor area over 5,001. Ov Ov Over 50,001 190 s.f. plus 1 s.f. per each additional 300 s.f. plus 1 s.f. per each additional 1,000 s.f, of floor area over 50,001 up 1,000 s.f. of floor area over 50,001 up to a maximum size of 300 s.f. to a maximum size of 400 s.f. In computing allowable sign size, only the footprint of the structure can be used. The floor area of gas station and drive -thru canopies cannot be applied toward the freestanding sign allowance. D. Freestanding signs -- Residential, agriculture and public facilities zone districts. 1. Where two (2) freestanding signs are permitted by virtue of multiple street frontage, each permitted sign shall be allowed to have the maximum square footage allowed, as defined in section 26- 708.C.5. 2. Where multiple signs are permitted because of multiple street frontage, the signs may be erected on the same street frontage. 3. For double -faced signs, each sign face can have the maximum square footage allowed. 4. Landscaping requirement: For new development or total redevelopment, all freestanding signs shall be placed within landscaped areas. E. Master sign plan. 1. The planning commission may approve a master sign plan for any existing or proposed commercial or industrial development of at least two (2) acres or more in size which is under unified control either by ownership, legal association or leasehold. 2. The intent and purpose is to encourage well - planned and designed signage within a large multiple building or multiple use complex which expresses unification and integration by elements of architectural style, size, color, placement and lighting while at the same time allowing for reasonable individual business identification. An additional purpose is to encourage the elimination of existing nonconforming signs. The planning commission may grant as a bonus for well- designed plans additional signs and /or up to a fifty (50) percent increase in maximum square footage for each sign, and /or may permit signs in locations other than normally permitted 160 ding aEFTeiiedC9?rd based upon a finding that the proposed master sign plan substantially meets the intent and purpose of this subsection relating to unification and integration of signage. 3. Once approved at a public hearing by planning commission, all master sign plans shall be recorded with the Jefferson County Recorder's Office and shall constitute a covenant and must be complied with by all owners, proprietors, lessees or assigns, whether current or future. No substantial variation from the plan shall be permitted without planning commission approval. 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The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 7: Severability: Conflicting Ordinances Repealed If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 8: Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 24th day of May, 2010, ordered it published with Public Hearing and consideration of final passage set for Monday, June 28 2010 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado, and that it takes effect 1 F days after final publication READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of —L to o , this 28th day of June, 2010. SIGNED by the Mayor on this 28th day of ATTEST: Michael Snow, City Clerk 2010, Je ullio, Ma App s To Form J 7 `1 G braTd E. Dahl, City Attorney First Publication: May 27, 2010 Second Publication: July 1, 2010 Wheat Ridge Transcript Effective Date: July 16, 2010 CITY COUNCIL MINUTES: June 28, 2010 Page -3- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING (� 2. Council Bill 08 -2010 — An Ordinance amending the Wheat Ridge Code of Laws I Article VII of Chapter 26 concerning Off - Premise Identification Signs, Community Event/Sponsorship Banners, and Signs in the public right -of -way. Mayor DiTullio opened the public hearing Council Bill 08 -2010 was introduced on second reading by Council Member DeMott. City Clerk Michael Snow assigned Ordinance No. 1463. Ms. Showalter presented the staff report (amended to this packet). Kerry Foreman is the owner of Lakeside Animal Hospital on Harlan Street. She wishes to construct a sign in the right -of -way, which under the current code she is not allowed. She contends that without such a sign in this visible location in the right -of -way, her customers cannot see or find her business. Passing this ordinance will make a positive change conducive to the success of local businesses. Mayor DiTullio closed the public hearing. Motion by Mr. DeMott to approve Council Bill 08 -2010 (Ordinance 1463) on second reading, and that it take effect 15 days after final publication; I further move to direct staff to make necessary amendment to the Ordinance to remove all reference to off - premise signs and instead amend Section 26- 708.E.2 regarding master sign plans to include the language 'including off the subject property'; I further move to direct staff to amend the Ordinance to modify the definition of a pole sign to read 'A sign which is affixed to, or mounted on a freestanding pole, and anchored in the ground'; I further move to direct staff to make necessary amendments to the Ordinance so that the regulations pertaining to community event/sponsorship banners on school property match the Jefferson County School District policies for sponsorship banners and to amend the Ordinance to remove restrictions on duration for community event/sponsorship banners on city -owned properties. Seconded by Mrs. Sang; Motion by Ms. Berry to amend the Ordinance to strike the word pole from the definition of Billboard; seconded by Mr. DeMott; carried 7 -0. Motion carried 7 -0, as amended. Case No. ZOA -10 -01 property 3. Freestanding signs in adjacent right -of -way for some commercial properties CilyIN 'Wheat idbe Case No. ZOA -10 -01 place signs nea improvements �;;,o �Wheac icige Case No. ZOA -10 -01 -- •« -� J 5UIOLUU uy UUIIUIfI�': SIZe (no building = no sign) �VVIi�aY idle Case No. ZOA -10 -01 32 SF) per sign mg signs are up or how ny are at one school ch �; Wheat! idge Case No. ZOA -10 -01 char '�WheacF id�n_ Case No. ZOA -10 -01 Public Works administers. Term of 5 years. W heat i<ipe Case No. ZOA -10 -01 ., • .. wme 'mien "' ` . w �` � 2A 'c r�� "4f�OW HIV w i r 11 1 y wns i 4 , e g� ��` RO SI nP9rtntan fle n. , N3 Case No. ZOA -10 -01 Public Works administers. Term of 5 years. W heat i<ipe Case No. ZOA -10 -01 Case No. ZOA -10 -01 No maximum per site • No maximum duration cryM (� W}uuatn\dge Case No. ZOA -10 -01 -.,omv me ✓ Potential to create revenue ✓ Envision Wheat Ridge goal: provide and maintain quality core community services and facilities • Allow limited placement of signs in adjacent ROW: ✓ Encourage investment in and improvement of commercial property ✓ Envision Wheat Ridge goal: revitalize key redevelopment areas �rw 'Wheat icl�c. Case No. ZOA -10 -01 Lommumty;event /sponsorship banners: — 'Revise regulations on school property to match existing school policy — Remove restrictions on maximum duration on city- owned property (Parks to monitor) • Definition of pole sign: — Remove material restriction e "Wheat ic)�c. City of �7V"heat led ITEM NO: DATE: June 28, 2010 REQUEST FOR CITY COUNCIL ACTION U` ENCACp�f (i�S�Y,C.f O2�MIC y/T9 !,�`Tr �x� o�wnen�a �" ^wm :..x�a0 0 oeya�ce�a4 oy `�> Pao` TITLE: COUNCIL BILL NO. 8 -2010 - AN ORDINANCE AMENDING ARTICLE VII OF CHAPTER 26 CONCERNING OFF - PREMISE IDENTIFICATION SIGNS, COMMUNITY EVENT /SPONSORSHIP BANNERS, AND SIGNS IN THE PUBLIC RIGHT- OF-WAY (CASE NO. ZOA- 10 -01). ® PUBLIC HEARING ❑ ORDINANCES FOR 1 READING (05/24/2010) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2 READING (06/28/2010) ❑ RESOLUTIONS QUASI - JUDICIAL: S ® NO City Manager ISSUE: In order to provide more flexibility within the sign code, the following amendments were developed by Community Development staff: (1) The allowance of off - premise identification signs for major activity centers, urban renewal unified commercial developments, and institutional campuses (2) The allowance of community eventisponsorship banners on City -owned and public school properties (3) The allowance of signs in the adjacent public right -of -way for certain commercially - zoned properties meeting specific criteria. These amendments would address signage needs for recent development proposals reviewed by planning staff and allow City departments and public schools to display community event banners on fences and ball fields, a practice currently not permitted by the sign code. Staff has proposed the attached amendments to the sign code, Article VII of Chapter 26, to create allowances for the three types of signs above. Bold typeface designates new language and strike- through designates deletions to the existing code. ZOA 10 -01 Sign Code Amendments Council Action Form Sign Code Amendments June 28, 2010 Page 2 PRIOR ACTION: City Council provided direction to staff at the April 5, 2010 Study Session and the First Reading for this ordinance was approved by City Council on May 24, 2010. The Planning Commission reviewed the proposed amendments at a Public Hearing on June 3, 2010. They voted to separate the proposed amendments into three separate items. Planning Commission approved the second amendment, the allowance of community- event/sponsorship banners, with the recommendation that staff talk with the Jefferson County School District and make any necessary changes to the proposed regulations for community/event sponsorship banners — such as allowable size — so that they are consistent with the school district's needs. Planning Commission approved the third amendment, which would allow signs in the adjacent public right -of -way for certain commercially -zoned properties meeting specific criteria. Planning Commission did not approve the first proposed amendment, which would allow off - premise signs for major activity centers, urban renewal unified commercial developments, and institutional campuses. This amendment was denied based on the rationale that the proposed language was too specific to particular development sites. Based on the acreage limits for the three categories of development — such as a minimum of 150 acres for a major activity center — it was clear that the intent of the amendment was not to grant the option of off - premise signs to a significant number of sites in Wheat Ridge, but instead to address the specific needs of one or two developments. The majority of the Commissioners thought that it would be more appropriate to address off - premise signage needs for important development sites on a case -by -case basis, through a master sign plan, rather than through a comprehensive amendment to the sign code. Staff had proposed that any off - premise sign would need to be part of a master sign plan. The Planning Commission held that the master sign plan review process, which is intended to provide flexibility for well - designed, unified signage that is part of large development or campus, would be the most appropriate method for allowing the limited use of off - premise signs. FINANCIAL IMPACT: The proposed amendment that would allow community event/sponsorship banners on City- owned property could create limited additional revenue for the City. The Department of Parks and Recreation would like to issue special event permits required for banners on City property, with an associated fee. There is also the potential to allow company logos and sponsorships on such banners, which could provide an opportunity to raise revenue for the City. BACKGROUND: 1. Off-Premise Identification Signs Currently, the sign code greatly restricts the use of off - premise signs, which are defined as signs that advertise or direct attention to a business or service that is not located on the same site as the Council Action Form Sign Code Amendments June 28, 2010 Page 3 sign. The code allows for the following types of off - premise signs, which may be located on another private property with approval from Community Development and the property owner, or in the public right -of -way, with approval from Public Works: (1) Public signs and traffic /regulatory signs (2) Semi - public signs, which give information to church location, educational institutions or service club locations and are limited to 6 square feet in area (3) Billboards, which are only allowed in certain portions of the City (identified in a map in the code) near I -70 and are limited to a total of 16 within the City For some large, unified commercial developments, as well as large institutional campuses, off - premise signs can provide important identification needs. A monument sign located near a highway or major arterial, for example, can help draw attention and traffic to the development. There are often instances where a large commercial or mixed use development is paying for infrastructure improvements, such as roadway improvements, beyond the boundaries of the actual development site, typically in a master - planned development. In such instances, it may be appropriate to allow the placement of identification signs on or near the infrastructure improvements to draw attention to the nearby development that paid for those improvements. The current sign code would prohibit such signs since they would advertise and/or direct attention to a business not located on the same piece of property. 2. Community Event /Sponsorship Banners The Parks and Recreation Department would like to display department- approved banners on City property, including ball fields and tennis courts in City parks. The banners would be used primarily to advertise Parks and Recreation events, but could also help advertise Wheat Ridge Youth Sports group activities. These signs would provide a convenience to the public by informing them of these leagues and activities. The sign code currently allows for temporary banners, but with requirements that essentially prohibit the types of banners that Parks and Recreation would like to hang on parks properties. For example, the code requires that banners are hung on a building — and thus could not be located on a fence — and determines the allowable area of the banner based on the square footage of the main building on -site, a metric that does not work if there is no structure on the property. A revision to the sign code that would allow community event/sponsorship banners on City- owned property could help resolve this issue. Based on the current regulations, public schools would also be prohibited from hanging banners on ball fields or tennis courts to advertise sports leagues or school - related events. The sign code amendment would allow temporary banners on City-owned property and public school properties, and the banners would be approved and monitored through the Parks Department and individual schools. 3. Signs in the Public Right -of -Way The current sign code does not allow the construction of commercial freestanding signs in the public right -of -way (ROW). In general, that is a regulation that staff very much supports. In some limited areas of the City, where existing ROW boundaries are unusually wide, and may even overlap with existing off - street parking or landscaping, this provision can be difficult as it is Council Action Form Sign Code Amendments June 28, 2010 Page 4 nearly impossible to find a location for a sign that is near the street and not in the public ROW. For sites that are completely redeveloping, this is not an issue since a complete scrape -off allows the business to find an on -site location for the sign. However, there are instances where a new business proposes to re -use an existing building and site configuration. If the subject site is in an area with unusual ROW widths, it can be difficult to find a viable on -site location for a freestanding sign. This issue is not unique to Wheat Ridge. Several jurisdictions in the metro area, including Arvada, Denver, Englewood, and Golden, provide the opportunity for property owners to apply for a revocable permit, which allows placement of a sign in the ROW with the ability for the City to remove that sign at any time if necessary. Wheat Ridge already offers a similar permit for fences and other objects that a private owner may want to place in the ROW, called a ROW use permit. This permit is authorized through the Public Works Department and is good for a period of 5 years, at which point the applicant must apply to have the permit renewed. RECOMMENDATIONS: 1. Off - Premise Identification Signs Original Recommendation The original recommendation was to amend the sign code to allow off - premise identification signs for three different categories of development, described below. In all instances, the off - premise identification signs would be (a) part of an approved master sign plan, which is reviewed by Community Development and Public Works staff and approved by Planning Commission; and (b) required to be located on or immediately adjacent to public or private infrastructure approved or required for the operation of the development. The three categories of development that the new off - premise identification sign allowance would apply to are: (1) Major Activity Center, defined as a contiguous commercial development that is greater than 150 acres; (2) Urban Renewal Unified Commercial Developments, defined as a contiguous development that is at least 7 acres in size and where at least 50 percent of the total building square footage contains commercial land use; and (3) Institutional Campus, defined as a contiguous development over 75 acres in size that contains institutional land uses, such as medical or educational. The original recommendation also included the following restrictions and regulations for off - premise identification signs: (1) Major Activity Center Identification Signs • Maximum of 2 allowed per activity center • Must be within '/4 mile of the activity center Maximum height of 10 feet, maximum area of 50 square feet No pole signs allowed Council Action Form Sign Code Amendments June 28, 2010 Page 5 • Option for one highway sign: up to 1 sign, only if it is within 300 feet of a state or interstate highway, may be a maximum of 30 feet with a maximum area of 200 square feet (2) Urban Renewal Unified Commercial Development Identifications Signs • Maximum of 2 allowed per commercial development • Must be within %a mile of the commercial development • Maximum height of 10 feet, maximum area of 50 square feet • No pole signs allowed (3) Institutional Campus Identification Signs • Maximum of 2 allowed per campus • Must be within'' /< mile of the campus • Maximum height of 7 feet, maximum area of 32 square feet • No pole signs allowed Revised Recommendation Based on the input received from Planning Commission at the June 3` Public Hearing, staff no longer recommends the amendment to allow off - premise signs. Instead, staff recommends addressing the need for off - premise signage, which is unique to a few large development sites within the City, through a master sign plan. A master sign plan allows for flexibility in the design and placement of signage, and encourages well - designed, unified signage for a development. The language in Section 26- 708.E.2 already states that the Planning Commission may use a master sign plan to grant a bonus in signage square footage of up to 50 percent as well as "permit signs in locations other than normally permitted, based upon a finding that the proposed master sign plan substantially meets the intent and purpose ... relating to unification and integration of signage." The City Attorney has advised that this language would allow for approval of off - premise signs through a master sign plan, with the addition of the following language (in bold and highlighted) to Section 26- 708.E.2: "may permit signs in locations other than normally permitted, including off the subject property." If City Council wishes to follow this recommendation and allow off - premise signs through master sign plan approval, adopt the following as an amendment to the motion adopting the ordinance: "I further move to direct staff to make necessary amendments to the ordinance to remove all references to off - premise signs and instead amend Section 26- 708.E.2 regarding master sign plans to include the language `including off the subject property. "' 2. Community Event/Sponsorship Banners Staff recommends revising the sign code to create a new type of temporary banner that would meet the needs of the Parks and Recreation Department. The new banner category, proposed as a "community event/sponsorship banner," would apply to any City -owned property, and would thus allow other City departments to take advantage of the opportunity to publicize community Council Action Form Sign Code Amendments June 28, 2010 Page 6 events. For those banners located on City -owned property, a permit issued through the Parks Department would be required. Based on direction from City Council at the April 5, 2010 Study Session, the community event banners are also proposed for school properties owned by the Jefferson County School District. Such banners would be restricted to advertising school - related events and sports leagues, and would not require a permit. Staff recommends that community event/sponsorship banners would be subject to the following criteria: • Must be located on City-owned property or a school property owned by the Jefferson County School District • Maximum size of 50 SF on City property; maximum size of 32 SF on school property • Maximum of 2 on school property; no maximum for City property (total number will be regulated by Parks through the special event permit process) • Must be temporary only, with time restrictions related to the time period of the event, with no banner to be in place for longer than 4 weeks. • Can be located on buildings, fences, and poles. Cannot be attached to landscaping. Upon recommendation from the Planning Commission, staff has been in touch with the Executive Director of Jefferson County School District's Facilities Planning division in order to determine what regulations relating to temporary banners will best meet the district's needs. The Executive Director is working with athletic directors at multiple schools to obtain the appropriate information about size, number, and length of time for display. Staff will provide an update on this matter at the public hearing on June 28 1 '. 3. Signs in the Public Right -of -Way Staff recommends adding an exception to the sign code that would enable properties meeting very specific criteria to place a commercial sign in the right -of -way (ROW) immediately adjacent to that property. This exception from the rule prohibiting signs in the ROW would be added to section 26 -708 and require that the following criteria are met: a. there are no viable alternative locations on the subject property; b. the sign is for a property with commercial or mixed use zoning; c. the sign will be within right -of -way that is immediately adjacent to the subject property; d. the sign is not in the right -of -way of a state highway; e. there are no immediate plans for widening the street as identified in the 5 -year Capital Investment Program (CIP) or planning documents; f. the sign is not for a site being completely redeveloped with new construction, in which case the proposed design should incorporate the sign on site; g. no underground utilities, except for electriCity, exist in the proposed location for the sign; h. the sign does not obstruct the sidewalk or vehicular traffic; i. the sign complies with sight distance triangle requirements per section 26- 603.B; Council Action Form Sign Code Amendments June 28, 2010 Page 7 j. the sign is not located in the landscape buffer or amenity zone located between the back of curb and the sidewalk; k. the sign is not a pole sign; and 1. the sign must exclusively advertise or identify the business or operation located only on the immediately adjacent property for which sign is permitted. If a property meeting the above criteria wished to place a sign in the ROW, staff proposes that it could be allowed subject to approval by the directors of the Public Works and Community Development departments, as well as approval of a sign permit and ROW use permit. One of the proposed criteria is that a sign allowed within public ROW could not be a pole sign. In order to codify this regulation, a definition for "pole sign" needs to be added to the existing sign code. In the draft ordinance approved by City Council at the First Reading, pole sign was defined as "A sign which is affixed to, or mounted on a freestanding wood or metal pole, and anchored in the ground." At the June 3 Planning Commission Public Hearing the Commission pointed out that it is possible for a pole to be made of PVC or other material besides wood or metal. In order to prevent this loophole, staff recommends altering the definition of a pole sign to remove any specific materials so that it reads: "A sign which is affixed to, or mounted on a freestanding pole, and anchored in the ground." If City Council wishes to follow this recommendation, adopt the following as an amendment to the motion adopting the ordinance: "I further move to direct staff to amend the ordinance to modify the definition of a pole sign to read `A sign which is affixed to, or mounted on a freestanding pole, and anchored in the ground. , ' , "I move to approve Council Bill No. 8 -2010 Case No. ZOA- 10 -01, an ordinance amending Chapter 26 of the Code of Laws concerning off - premise identification signs, community event/sponsorship banners, and signs in the public right -of -way on second reading, and that it take effect 15 days after final publication. Or, "I move to postpone indefinitely Council Bill No. 8 -2010 Case No. ZOA- 10 -01, an ordinance amending Chapter 26 of the Code of Laws concerning off - premise identification signs, community event/sponsorship banners, and signs in the public right -of -way, for the following reason(s) " Optional motion removing amendment regarding off- premise signs "I further move to direct staff to make necessary amendments to the ordinance to remove all references to off - premise signs and instead amend Section 26- 708.E.2 regarding master sign plans to include the language `including off the subject property. "' Council Action Form Sign Code Amendments June 28, 2010 Page 8 Optional motion amending the definition of a pole sign "I further move to direct staff to amend the ordinance to modify the definition of a pole sign to read `A sign which is affixed to, or mounted on a freestanding pole, and anchored in the ground. "' Sarah Showalter, Planner II Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 08 -2010 J� RECOMMENDED MOTION: "I move to approve Council BIlI No. 08 -2010 Case No. ZOA- 10 -01, an ordinance amending Chapter 26 of the Code of Laws concerning off - premise identification signs, community event /sponsorship banners, and signs in the public right -of -way on second reading and that it take effect 15 days after final publication." Or, "I move to deny Council Bill No. 08 -2010 Case No. ZOA- 10 -01, an ordinance amending Chapter 26 of the Code of Laws concerning off - premise identification signs, community event /sponsorship banners, and signs in the public right -of -way, for the following reason(s) Optional motion removing amendment regarding off - premise signs r "I further move to direct staff to make necessary amendments to the ordinance to remove all references to off-premise signs and instead amend Section 26- 708.E.2 regarding master sign plans to include the language `including off the subject property. "' Optional motion amending the definition of a pole sign "I further move to direct staff to amend the ordinance to modify the definition of a pole sign to read `A sign which is affixed to, or mounted on a freestanding pole, and anchored in the ground. "' Optional motion amending regulations pertaining to community event /snonsorshi banners "I further move to direct staff to make necessary amendments to the ordinance so that the regulations pertaining to community event /sponsorship banners on school property match the Jefferson County School District policies for sponsorship banners and to amend the ordinance to remove restrictions on duration for community event /sponsorship banners on city -owned properties." ZOA 10 -01 Sign Code Amendments CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DeMott COUNCIL BILL NO. 08 ORDINANCE NO. Series 2010 TITLE: AN ORDINANCE AMENDING CODE OF LAWS ARTICLE VII OF CHAPTER 26 CONCERNING OFF - PREMISE IDENTIFICATION SIGNS, COMMUNITY EVENT /SPONSORSHIP BANNERS, AND SIGNS IN THE PUBLIC RIGHT -OF -WAY WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the City Council of the City of Wheat Ridge finds that more flexibility is desired with regards to the placement of off - premise identification signs for major activity centers, urban renewal commercial developments, and institutional campuses; and WHEREAS, the City Council of the City of Wheat Ridge finds that the placement of special event/sponsorship banners on city-owned property and public school properties is desired; and WHEREAS, the City Council of the City of Wheat Ridge finds that the ability to place certain signs in the public right -of -way, subject to specific criteria and a revocable permit, is desired to provide flexibility for businesses investing in the improvement of commercial sites. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26 -702 of the Code is amended to read: Sec. 26 -702. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Animated sign. A sign or parts thereof, which revolve, whirl, twirl or utilize motion, implied or actual, in a horizontal or vertical plane or both. The only animated type of signs that are permitted are "barber pole" signs. Arcade sign. Any sign projecting beneath and attached to the underside of any balcony, canopy, awning or other structural overhang or passageway. Artistic mural or sculpture. A freestanding statue or sculpture or a graphic illustration or design, or an architectural design or relief applied directly to or incorporated within a wall of a building, which does not advertise or promote a particular business, service or "branded" product. ATTACHMENT 1 Awning. A movable shelter supported entirely from the exterior wall of a building and /or a type which can be retracted against the face of the supporting building. Banner. A sign or advertising display constructed of cloth, canvas, fabric or other light material that is mounted with no enclosing framework intended to be displayed for a short period of time. Billboard. Any pole sign in excess of fifty (50) square feet in size oriented to the interstate highway utilized to advertise a product or service that is not produced or conducted on the same property as the sign. Building front. The exterior wall(s) of a building facing a public street or streets or other public right -of -way other than alleys, or one (1) exterior wall containing the primary entrance to the building if not directly facing upon a public street. Canopy. A roof -like structure serving the purpose of protecting vehicles and /or pedestrians and which may be freestanding or attached to a building, is provided with supports, and is open on three (3) sides if attached and on all sides if freestanding. Development. A single lot, parcel or tract of land or portions or combinations of lots, parcels or tracts of land which are held in single or common ownership and which exist as a distinct functional entity. Multi -use and multi- tenant buildings and multiple building complexes which are held in singular or common ownership, either by individual, corporation, partnership or other legally recognized entity, shall be considered a "development" for the purpose of signage. Erect. To build, construct, attach, hang, place, suspend, affix, relocate or reconstruct any sign or sign - supporting structure. Flashing sign. A sign that is illuminated with intermittent lighting, animated lighting or with varying intensities of light at intervals of fifteen (15) seconds or less, including a moving light or lights. Freestanding sign. A sign that is permanent and self- supporting, being nondependent on support from a building or other structure, including signs placed upon fences or nonsupporting walls. Changeable copy sign. A sign, either illuminated or nonilluminated, which is designed so that the message or any part of the message may be periodically changed, either mechanically or electronically, however, where a change in message occurs no sooner than every fifteen (15) seconds. Illuminated sign. A sign that is illuminated with constant intensities of light of a non - varying nature. There are three (3) types of illuminated lights as follows: (a) Direct. Lighting by means of an unshielded light source which is effectively visible as a part of the sign. Neon lighting is considered direct lighting. (b) Indirect. Lighting which illuminates the front of a sign or the entire building facade upon which the sign is displayed, the source of the light being shielded from public view and from surrounding properties. Indirect illumination does not include lighting which is primarily used for purposes other than sign illumination, such as parking lot lighting. (c) Internal. Lighting by means of a light source which is within a sign having a translucent background and which silhouettes opaque letters or designs, or lighting within or behind letters or designs which are themselves made of translucent or opaque material. Informational sign. A freestanding or wall -type sign, not located within public street right -of -way, which gives necessary direction or non - advertising information to motor vehicle operators or pedestrians, such as entrance, exit, parking limitations or location of onsite buildings or facilities. A company logo or name no larger than one (1) square foot may be included on each such permitted sign. Lot. A tract, building site, parcel or portion of land separated from other parcels or portions by description, as on a subdivision plat of record or survey map or by metes and bounds, for the purpose of sale, lease or use. e Major interior drive. A drive aisle located on private property which connects two (2) public streets or provides access to two (2) or more parcels of land or developments. Nonconforming sign. A sign which does not conform with the regulations set forth in this article, but which did meet the requirements of the regulations existing at the date of its erection. Off - premises sign. Any sign 111* dM4 which advertises or directs attention to a business, commodity, service or activity conducted, sold or offered elsewhere other than on the property which the sign is located. 0.0blid and semi `' f.1�1]w wwL wwnQid wwd wif�_ �.r. _ �y• wv. Painted sign. A sign that is painted directly onto the exterior surface of a building, wall or structure. Political sign. A noncommercial sign, which is exempt from permit requirements, erected or placed so as to advertise, announce, declare or state a political message, whether relating to a political campaign or election or any other issue of public concern which is protected by the First Amendment right of free speech. Portable sign. Any sign which is supported by one (1) or more uprights or braces upon the ground and which is of portable design. Projecting sign. A sign which is affixed to any building, wall or structure and which extends beyond the building wall more than fifteen (15) inches. Public sign. A sign that is required by federal, state or local law or ordinance necessary for public information. Revolving sign. A sign utilizing an axis point to pivot the sign surface. Roof sign. A sign erected, constructed and maintained above the eaves and attached to the roof of a building. Semipublic sign. A sign giving information as to church location, educational institutions or service club locations. Sign. Any object or device or part thereof situated outdoors or indoors, viewed from outdoors by the general public, and which object or device or the effect produced thereby is used to advertise, announce, identify, declare, demonstrate, display, instruct, direct or attract attention by means including, but not limited to, words, letters, figures, designs, fixtures, colors, motion, illumination, sound or projecting images. Sign permit. A building permit issued for the erection, construction, enlargement, alteration, repair, relocation, improvement, removal, conversion or demolition of any sign issued pursuant to the building code of the city or this sign code. Sign structure. Any supports, uprights, braces or framework of a sign which does not include any portion of the sign message. Street frontage. For the purpose of signage, frontage upon a street is obtained by ownership, easement or leasehold only if used for vehicular access to the property, or if not used for vehicular access, only if such street frontage is at least fifty (50) feet in width. Where the regulations allow "one sign per street frontage," the intent is that the sign allowed is placed upon or facing the street, unless specifically otherwise permitted. Surface area of sign. The total area enclosed by the shortest line that can be drawn around the entire sign, including any architectural embellishment or background material or color forming an integral part of the display and used to differentiate the sign from its surroundings. Sign support structures which do not bear advertising material shall be excluded in computation of sign area. Signs without backing (i.e., freestanding, projecting, A -frame or pedestal signs) are allowed the maximum square footage for each side for double -faced signs; however, signs having more than two (2) sides or faces shall not exceed the total face area allowed for a double -faced sign. Temporary sign. Any sign, banner, pennant, valance or other outdoor advertising sign constructed of light fabric, cardboard, wallboard, plywood, sheet metal, paper or other light materials, with or without a frame, intended or designed to be displayed for a limited period of time. Traffic and regulatory signs. Signs, signals or markings placed or erected by federal, state or local authority for the purpose of regulating, warning or guiding traffic. Unlawful sign. Any sign or outdoor advertising device erected in the absence of a permit required by this article, or in violation of any of the limitations, prohibitions or requirements of this article. Unsafe sign. Any sign or advertising structure found unsafe or insecure or creating a hazard or menace to the public safety, health and welfare. Wall sign. A sign constructed of durable materials or painted and which is permanently affixed to an exterior surface of any building, wall or structure and which does not extend more than fifteen (15) inches beyond the building wall, except that signage placed upon marquees, canopies or awnings shall be considered as wall signs. Section 2: Section 26 -707 of the Code is amended to read: Sec. 26 -707. General provisions /performance standards. A. Sight distance triangle. 1. No sign is allowed which would violate the sight distance triangle requirements of section 26 -603B. 2. At signalized intersections, where both streets are collectors and /or arterial, the required sight distance shall be governed by the standards set forth in the most current edition of the policy on geometric design of highways and streets, published by the American Association State Highway and Transportation Officials (AASHTO). B. Location of signs. 1. All signs allowed by this article, except billboards, public signs, aPA shall be located on the lot which they advertise. C. Streets and rights -of -way. 1. No sign shall be erected in such a location as to interfere with motor vehicle or pedestrian traffic. 2. No sign is allowed in the public right -of -way, with the exception of a. signs on bus benches and shelters pursuant to article IV of chapter 21 and b. public, semi - public, traffic, regulatory, and projecting signs, c. institutional campus identification signs, major' activity center d. -signs permitted under the criteria in section 26 -708.F 3. No sign is allowed which may be construed as a traffic sign or signal or which may be confusing to motorists or mistaken as a traffic signal. 4. Where it is difficult to determine the pubic right -of -way boundary due to lack of curb, gutter and /or sidewalk, or survey markers, such boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb. Where a sidewalk exists, such boundaries shall be presumed to be two (2) feet from outside edge of sidewalk. 5. Attachment of any sign to utility poles or other poles or structures within public right -of -way is prohibited, except as approved by city council pursuant to this article. 6. Temporary signs found by an enforcement officer to be located within city right - of -way or in violation of sight triangle requirements shall be removed by such enforcement officer with no requirement of notice. D. Interference. 1. No sign is allowed which employs a lighting or control mechanism which causes radio, radar, cellular telephone or television interference. 2. No sign is allowed which, even though in general conformance with the standards and requirements of this sign code, is judged by the chief of police and public works director as a dangerous sign due to interference with a traffic control device by being in direct line between the control device and oncoming traffic or otherwise in visual competition with a traffic control device. E. Compliance with building codes. 1. No sign shall be erected, constructed or maintained which obstructs or is attached to any fire escape, window, door or opening used as a means of egress or ingress or for firefighting purposes, or is placed which interferes with any opening required for light or ventilation. 2. No sign is permitted which is structurally unsafe as determined by the chief building official, based upon criteria established in the adopted building codes. 3. The design of all sign structure members and foundation shall conform to the requirements of the building code relative to allowable stresses, materials and engineering standards. Loads, both vertical and horizontal, shall not produce stresses exceeding those specified in the building code, and material construction shall be of the quality and grade required by the building code. All signs and structures shall be designed and constructed to meet the adopted building and electrical codes. F. Outside display. 1. Notwithstanding the provisions of section 26 -631, any merchandise displayed outside of a building in such a way as to attract attention when viewed by the general public by placement upon a pole, a fence, a platform, roof or other similar device or structure shall be considered a sign and is prohibited. This shall not, however, be construed to prohibit merchandise customarily stored outside of buildings and placed upon shelves or tables, such as automobiles, campers, boats, plant materials, produce or lumber. G. Illumination. 1. All illuminated signage shall comply with section 26 -503 of the zoning and development code. 2. Signs within one hundred (100) feet of a residential structure, may be lighted indirectly or internally. 3. Signs over one hundred (100) feet from a residential structure, may use any type of lighting source, except search or flashing lights, provided that they are shaded, shielded or directed so that the light shall not adversely affect surrounding premises or interfere with safe vision on public or private roadways, including highways. 4. All direct and indirect lighting sources shall be downcast to reduce glare, sky glow and light pollution. H. Maintenance. 1. Any sign, including temporary signs, that becomes discolored, ragged, shredded, detached, etc., shall be removed or repaired. I. Removal or reconstruction of dangerous signs. 1. All signs which are prohibited shall conform to the provisions of this article either by removal or reconstruction, whichever applies, within sixty (60) days after the owner of such sign is notified of the violation. Section 3: Section 26 -708 of the Code is amended to read: Sec. 26 -708. Miscellaneous provisions. A. Building addresses. 1. House or building address number signs shall be consistent with section 26 -419 C. - -E. of the zoning and development code. B. Signs located on bus benches and bus stop shelters. 1. Signs located on bus benches shall be in conformance with Code of Laws, article IV, section 21 -124. 2. Signs located on a bus stop shelter shall be in conformance with Code of Laws, article IV, section 21 -151. Such signs shall be limited to two (2) faces per shelter for commercial advertising purposes with a maximum of twenty -four (24) square feet per face. C. Freestanding signs -- Commercial, industrial and mixed use zone districts. 1. Where two (2) freestanding signs are permitted by virtue of multiple street frontage, each permitted sign shall be allowed to have the maximum square footage allowed based on the formulas shown in section 26- 708.C.5. In addition, the sign area allowed may be transferred from one (1) sign to another; provided, that no freestanding sign shall exceed four hundred (400) square feet in area. 2. Where multiple signs are permitted because of multiple street frontage, the signs may be erected on the same street frontage. 3. For double -faced signs, each sign face can have the maximum square footage allowed. 4. Landscaping requirement: For new development or total redevelopment, all freestanding signs shall be placed within landscaped areas. 5. Maximum sign area: Based upon the following table: Maximum Sign Area (Square Feet = s.f.)* TABLE INSET: Floor Area of Building Single Use Development Multiple Use Development 0- 4500 s.f. 35 s.f. 60 s.f. 1,501 - -5,000 35 s.f. plus 1 s.f. per each additional 50 60 s.f. plus 1 s.f. per each additional s.f. s.f. of floor area over 1,501. 40 s.f. of floor area over 1,501. 5,001 -- 100 s.f. plus 1 s.f. per each additional 150 s.f. plus 1 s.f. per each 300 s.f. of 50,000 s.f. 500 s.f. of floor area over 5,001. floor area over 5,001. Over 50,001 190 s.f. plus 1 s.f. per each additional 300 s.f. plus 1 s.f. per each additional s f 1,000 s.f. of floor area over 50,001 up 1,000 s.f. of floor area over 50,001 up to a maximum size of 300 s.f. to a maximum size of 400 s.f. *In computing allowable sign size, only the footprint of the structure can be used. The floor area of gas station and drive -thru canopies cannot be applied toward the freestanding sign allowance. D. Freestanding signs -- Residential, agriculture and public facilities zone districts. 1. Where two (2) freestanding signs are permitted by virtue of multiple street frontage, each permitted sign shall be allowed to have the maximum square footage allowed, as defined in section 26- 708.C.5. 2. Where multiple signs are permitted because of multiple street frontage, the signs may be erected on the same street frontage. 3. For double -faced signs, each sign face can have the maximum square footage allowed. 4. Landscaping requirement: For new development or total redevelopment, all freestanding signs shall be placed within landscaped areas. E. Master sign plan. 1. The planning commission may approve a master sign plan for any existing or proposed commercial or industrial development of at least two (2) acres or more in size which is under unified control either by ownership, legal association or leasehold. 2. The intent and purpose is to encourage well - planned and designed signage within a large multiple building or multiple use complex which expresses unification and integration by elements of architectural style, size, color, placement and lighting while at the same time allowing for reasonable individual business identification. An additional purpose is to encourage the elimination of existing nonconforming signs. The planning commission may grant as a bonus for well- designed plans additional signs and /or up to a fifty (50) percent increase in maximum square footage for each sign, and /or may permit signs in locations other than normally permitted, based upon a finding that the proposed master sign plan substantially meets the intent and purpose of this subsection relating to unification and integration of signage. 3. 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CD \\ � \� m op CL @mo g G - m2 @ o - ) kit Ate- Ck) / }- (0 \0 %■* K ƒ& E r k _- , -= k§ k @S -0 % �° ° = ■E3 ) % 7 =- / / z 7 w / / w ( m § K E E E mM )2 me § E 0 - @k/ _ °� - } - } � �_� CD -_ §E - 0 )A _ CD _ (D _ _� - -_� °0m � m � m 7 K 0 z� - } } - - \ E\ m \ ` z . z z z m� (D CD CD m §( kE 3a£ . !E§ - ;}$ e q% � ®3 ƒ E& : -_ 2E - 2 m _ \} . \/ \2) �� \ � )`0 CL CD -° \E ® CO CD E$ ID - 0 }/ : ® 0 �} |© \7 9222 _ JqK [p �< / }\() ,k a0 2 k @ ; $k ° z / / _ D <3 *m � //( ( $E3$6 -< <CLmE g!! § / E E MM )2 Mw . § © - - q§ 0 m &@ z = ±\ 7z /k)) ■� '0 ° z _£ 0 :3 - - -- - k( }k §E \ e *5- �§ O= . o , 2 ® � m z * z z E E# $Q` M m£ 2 M 2 CD y » 22 ig, \ 0 0� S r-0 (D �ggr&J� &&e ;% ID .«« \M ��EI ¥t -=r0B ;oS 3 -ICL= M (aa)Ce Eg -,� k -■ -� CL \]&E.#2} ( /)k }2 \\ ) 0(D , I c (a -i - e \ \ \} \�\\�\ /} ° } \\ \ }7 °m■E 0 Qge % a , f &a $ r / / , m coo rL / § 0 ; § z / ( \ _ / §* 22 ;w § (D 0 _ W - cn£/ JCL go +F = 7 e M , 2 CD k\ to mK - — m CD \§ \3 o e !30_0,0 #� q% Jf \ =O3 mf � 2 ) _,,egm�b m CL CD CL / \}0 -- \ \ /�k& § / ) 0 CL \ \�� /CY Section 6: Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 7: Severability: Conflicting Ordinances Repealed If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 8: Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 24th day of May, 2010, ordered it published with Public Hearing and consideration of final passage set for Monday, June 28 th , 2010 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to _, this 28th day of June, 2010. SIGNED by the Mayor on this day of ' 2010. ATTEST: Jerry DiTullio, Mayor Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: May 27, 2010 Second Publication: Wheat Ridge Transcript Effective Date: C 0 1 O P n r) S I G N ASS O C I AT I ON June 9, 2010 Meredith Reckert Senior Planner City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO 80033 Dear Ms. Reckert: The Colorado Sign Association (CSA) is the trade association representing the on- premise sign industry in Colorado and, therefore, an important stakeholder with respect to sign regulation. We routinely work with and assist local officials with issues concerning sign regulations and procedures, bringing expertise relating to technology, regulatory options and procedures to the table. We've recently seen increased activity relative to sign code updates. On behalf of the members of the CSA and the business community they represent in their customers, I respectfully request that you notify me if you undertake a sign code update and allow the on- premise sign industry an opportunity to actively participate in the code revision process. In today's economy, recognizing the value of on- premise signs to the business community is critical. Information about the value of signs to your community can be found at Planners Resource ( hftp://www.plannersresource.org/value.htm have also been studies conducted by universities and court cases which prove that signs bring incredible economic value to small businesses. The retail industry is hurting and many local officials across the country have realized that now is not the time to enact restrictive sign codes. Thank you for your consideration of this request. �Regards, I Patricia King Executive Director /pk 10000 North 31st Avenue, Suite D400, Phoenix, AZ 85051; Phone: 602-595-7380; Fax: 602-789-9126; E -mail: coloradosien @email.com; Website: www.cosiens.ore City of Wheat f k PLANNING COMMISSION COMMUNITY DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: June 3, 2010 TITLE: AN ORDINANCE AMENDING ARTICLE VII OF CHAPTER 26 CONCERNING OFF - PREMISE IDENTIFICATION SIGNS, COMMUNITY EVENT /SPONSORSHIP BANNERS, AND SIGNS IN THE PUBLIC RIGHT -OF -WAY. CASE NO. ZOA -10 -o1 ® PUBLIC HEARING ® CODE CHANGE ORDINANCE Case Manager: Sarah Showalter Date of Preparation: May 26, 2010 SUMMARY: The attached ordinance proposes amendments to the sign code regarding three different topics: (1) the allowance of off - premise identification signs for large, unified developments; (2) the allowance of community /event sponsorship banners on city -owned property and public school property; and (3) the allowance of signs in the adjacent public right -of -way for certain commercially -zoned properties meeting specific criteria. The proposals in the attached ordinance represent input and policy direction from a study session with City Council. Notice for this public hearing was provided as required by the Code of Laws. ZOA- 10 -01/ Sign Code Amendments There are three separate amendments within the attached ordinance. The background for each amendment will be presented separately. 1. Off-Premise Identification Signs Currently, the sign code greatly restricts the use of off - premise signs, which are defined as signs that advertise or direct attention to a business or service that is not located on the same site as the sign. The code allows for the following types of off - premise signs, which may be located on another private property with approval from Community Development and the property owner, or in the public right -of -way, with approval from Public Works: (1) Public signs and traffic /regulatory signs (2) Semi - public signs, which give information to church location, educational institutions or service club locations and are limited to 6 square feet in area (3) Billboards, which are only allowed in certain portions of the City (identified in a map in the code) near I -70 and are limited to a total of 16 within the City For some large, unified commercial developments, as well as large institutional campuses, off - premise signs can provide important identification needs. A monument sign located near a highway or major arterial, for example, can help draw attention and traffic to the development. There are often instances where a large commercial or mixed use development is paying for infrastructure improvements, such as roadway improvements, beyond the boundaries of the actual development site, typically in a master - planned development. In such instances, it may be appropriate to allow the placement of identification signs on or near the infrastructure improvements to draw attention to the nearby development that paid for those improvements. The current sign code would prohibit such signs since they would advertise and/or direct attention to a business not located on the same piece of property. 2. Community Event /Sponsorship Banners The Parks and Recreation Department would like to display Department- approved banners on City property, including ball fields and tennis courts in City parks. The banners would be used primarily to advertise Parks and Recreation events, but could also help advertise Wheat Ridge Youth Sports group activities. These signs would provide a convenience to the public by informing them of these leagues and activities. The sign code currently allows for temporary banners, but with requirements that essentially prohibit the types of banners that Parks and Recreation would like to hang on parks properties. For example, the code requires that banners are hung on a building — and thus could not be located on a fence — and determines the allowable area of the banner based on the square footage of the main building on -site, a metric that does not work if there is no structure on the property. Based on the current regulations, public schools would also be prohibited from hanging banners on ball fields or tennis courts to advertise sports leagues or school - related events. 3. Signs in the Public Right -of -Way The current sign code does not allow the construction of commercial freestanding signs in the public right - of -way (ROW). In general, this is a regulation that staff very much supports. In some limited areas of the City, where existing ROW boundaries are unusually wide, and may even overlap with existing off -street parking or landscaping, this provision can be difficult as it is nearly impossible to find a location for a sign ZOA- 10 -0 1/ Sign Code Amendments that is near the street and not in the public ROW. For sites that are completely redeveloping, this is not an issue since a complete scrape -off allows the business to find an on -site location for the sign. However, there are instances where a new business proposes to re -use an existing building and site configuration. If the subject site is in an area with unusual ROW widths, it can be difficult to find a viable on -site location for a freestanding sign. This issue is not unique to Wheat Ridge. Several jurisdictions in the metro area, including Arvada, Denver, Englewood, and Golden, provide the opportunity for property owners to apply for a revocable permit, which allows placement of a sign in the ROW with the ability for the City to remove that sign at any time if necessary. Wheat Ridge already offers a similar permit for fences and other objects that a private owner may want to place in the ROW, called a ROW use permit. This permit is authorized through the Public Works Department and is good for a period of 5 years, at which point the applicant must apply to have the permit renewed. RATIONALE FOR AMENDMENT The intent of the attached ordinance is to provide limited and reasonable allowance for three types of signs that currently would not be permitted by the code: (1) off - premise identification signs for major activity centers, urban renewal unified commercial developments, and institutional campuses; (2) community event/sponsorship banners on City -owned and public school properties; and (3) signs in the adjacent public right -of -way for certain commercially -zoned properties meeting specific criteria. The first and third amendments — allowing off - premise identification signs for large unified developments and allowing the placement of some commercial signs in adjacent ROW— align with the strategies recommended in the Neighborhood Revitalization Strategy (NRS) to create a more flexible regulatory environment that encourages quality redevelopment in the City. They also support the goal outlined in the newly- adopted Comprehensive Plan, Envision Wheat Ridge, to revitalize key redevelopment areas in the City, including urban renewal areas (see Chapter 4, Economy and Land Use). The second amendment, to allow for community event/sponsorship banners, meets the goal in Envision Wheat Ridge to provide and maintain quality core community services and facilities (see Chapter 8, Community Services). Additional rationale and proposed regulations for each of the amendments is provided below 1. Off - Premise Identification Signs The proposed amendment would allow off - premise identification signs for three different categories of development, described below. In all instances, the off - premise identification signs would be (a) part of an approved master sign plan, which is reviewed by Community Development and Public Works staff and approved by Planning Commission; and (b) required to be located on or immediately adjacent to public or private infrastructure approved or required for the operation of the development. These provisions would ensure adequate review of the proposed off - premise sign(s) and ensure that any off - premise sign is tied to infrastructure improvements that are part of the unified development. The three categories of development that the new off - premise identification sign allowance would apply to are: ZOA- 10 -01/ Sign Code Amendments (1) Major Activity Center, defined as a contiguous commercial development that is greater than 150 acres; (2) Urban Renewal Unified Commercial Developments, defined as a contiguous development that is at least 7 acres in size and where at least 50 percent of the total building square footage contains commercial land use; and (3) Institutional Campus, defined as a contiguous development over 75 acres in size that contains institutional land uses, such as medical or educational. In order to regulate the number and visual impact of off - premise signs, the proposed amendment would also include the following regulations: (1) Major Activity Center Identification Signs • Maximum of 2 allowed per activity center • Must be within' /4 mile of the activity center • Maximum height of 10 feet, maximum area of 50 square feet • No pole signs allowed • Option for one highway sign: up to 1 sign, only if it is within 300 feet of a state or interstate highway, may be a maximum of 30 feet with a maximum area of 200 square feet (2) Urban Renewal Unified Commercial Development Identifications Signs • Maximum of 2 allowed per commercial development • Must be within' /4 mile of the commercial development • Maximum height of 10 feet, maximum area of 50 square feet • No pole signs allowed (3) Institutional Campus Identification Signs • Maximum of 2 allowed per campus • Must be within' /4 mile of the campus • Maximum height of 7 feet, maximum area of 32 square feet • No pole signs allowed 2. Community Event /Sponsorship Banners In order to meet the needs of the Parks and Recreation Department, and to provide opportunities for notifying residents of community events, the proposed amendment would create a new type of temporary banner. The new banner category, proposed as a "community event/sponsorship banner," would apply to any City -owned property, and would thus allow other City Departments to take advantage of the opportunity to publicize community events. For those banners located on City -owned property, a permit issued through the Parks Department would be required. There is also the potential to allow sponsors of events or sports leagues to place logos on the banners, which could help generate revenue for the City. Based on direction from City Council, the community event banners are also proposed for public school properties owned by the Jefferson County School District. Such banners would be restricted to advertising school - related events and sports leagues, and would not require a permit, but instead be monitored by individual schools. Allowing community event/sponsorship banners in the sign code will provide a convenience to the public by providing notification of community events and sports leagues. The amendment includes the following regulations to ensure that the banners are temporary and there are not too many on one property: ZOA- 10 -01/ Sign Code Amendments • Must be located on City -owned property or a school property owned by the Jefferson County School District • Maximum size of 50 SF on City property; maximum size of 32 SF on school property • Maximum of 2 on school property; no maximum for City property (total number will be regulated by Parks through the special event permit process) • Must be temporary only, with time restrictions related to the time period of the event, with no banner to be in place for longer than 4 weeks. • Can be located on buildings, fences, and poles. Cannot be attached to landscaping. 3. Signs in the Public Right -of -Way The proposed amendment would maintain the rule that businesses may not place signs in the public right -of- way (ROW). However, it would add an exception to this rule for rare instances in which existing conditions and ROW widths make this provision difficult or impossible to meet. Business owners could apply for a sign in the ROW if the following criteria are met: a. there are no viable alternative locations on the subject property; b. the sign is for a property with commercial or mixed use zoning; c. the sign will be within right -of -way that is immediately adjacent to the subject property; d. the sign is not in the right -of -way of a state highway; e. there are no immediate plans for widening the street as identified in the 5 -year Capital Investment Program (CIP) or planning documents; f. the sign is not for a site being completely redeveloped with new construction, in which case the proposed design should incorporate the sign on site; g. no underground utilities, except for electricity, exist in the proposed location for the sign; It. the sign does not obstruct the sidewalk or vehicular traffic; i. the sign complies with sight distance triangle requirements per section 26- 603.13; j. the sign is not located in the landscape buffer or amenity zone located between the back of curb and the sidewalk; k. the sign is not a pole sign; and 1. the sign must exclusively advertise or identify the business or operation located only on the immediately adjacent property for which sign is permitted. If a property meeting the above criteria wished to place a sign in the ROW, it would be allowed subject to approval by the directors of the Public Works and Community Development departments, as well as approval of a sign permit and ROW use permit. RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance amending Article VII of Chapter 26 concerning off - premise identification signs, community event/sponsorship banners, and signs in the public right -of- way." Exhibits: 1. Proposed Ordinance ZOA- 10 -01/ Sign Code Amendments EXHIBIT 1: PROPOSED ORDINANCE CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. 08 -2010 ORDINANCE NO. Series 2010 TITLE: AN ORDINANCE AMENDING CODE OF LAWS ARTICLE VII OF CHAPTER 26 CONCERNING OFF - PREMISE IDENTIFICATION SIGNS, COMMUNITY EVENT /SPONSORSHIP BANNERS, AND SIGNS IN THE PUBLIC RIGHT -OF -WAY. WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the City Council of the City of Wheat Ridge finds that more flexibility is desired with regards to the placement of off - premise identification signs for major activity centers, urban renewal commercial developments, and institutional campuses; and WHEREAS, the City Council of the City of Wheat Ridge finds that the placement of special event/sponsorship banners on city -owned property and public school properties is desired; and WHEREAS, the City Council of the City of Wheat Ridge finds that the ability to place certain signs in the public right -of -way, subject to specific criteria and a revocable permit, is desired to provide flexibility for businesses investing in the improvement of commercial sites. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26 -702 of the Code is amended to read: Sec. 26 -702. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Animated sign. A sign or parts thereof, which revolve, whirl, twirl or utilize motion, implied or actual, in a horizontal or vertical plane or both. The only animated type of signs that are permitted are "barber pole" signs. Arcade sign. Any sign projecting beneath and attached to the underside of any balcony, canopy, awning or other structural overhang or passageway. Artistic mural or sculpture. A freestanding statue or sculpture or a graphic illustration or design, or an architectural design or relief applied directly to or incorporated within a wall of a building, which does not advertise or promote a particular business, service or "branded" product. Awning. A movable shelter supported entirely from the exterior wall of a building and /or a type which can be retracted against the face of the supporting building. Banner. A sign or advertising display constructed of cloth, canvas, fabric or other light material that is mounted with no enclosing framework intended to be displayed for a short period of time. Billboard. Any pole sign in excess of fifty (50) square feet in size oriented to the interstate highway utilized to advertise a product or service that is not produced or conducted on the same property as the sign. ZOA- 10 -01/ Sign Code Amendments Building front. The exterior wall(s) of a building facing a public street or streets or other public right -of -way other than alleys, or one (1) exterior wall containing the primary entrance to the building if not directly facing upon a public street. Canopy. A roof -like structure serving the purpose of protecting vehicles and /or pedestrians and which may be freestanding or attached to a building, is provided with supports, and is open on three (3) sides if attached and on all sides if freestanding. Changeable copy sign. A sign, either illuminated or nonilluminated, which is designed so that the message or any part of the message may be periodically changed, either mechanically or electronically, however, where a change in message occurs no sooner than every fifteen (15) seconds. Community eventLsponsorship banner. A banner advertising community events, sports leagues, or related activities and located on property owned by the City of Wheat Ridge; or a banner advertising school - related activities or sports leagues and located on public school properties owned by Jefferson County School District. Development. A single lot, parcel or tract of land or portions or combinations of lots, parcels or tracts of land which are held in single or common ownership and which exist as a distinct functional entity. Multi -use and multi - tenant buildings and multiple building complexes which are held in singular or common ownership, either by individual, corporation, partnership or other legally recognized entity, shall be considered a "development' for the purpose of signage. Erect. To build, construct, attach, hang, place, suspend, affix, relocate or reconstruct any sign or sign- supporting structure. Flashing sign. A sign that is illuminated with intermittent lighting, animated lighting or with varying intensities of light at intervals of fifteen (15) seconds or less, including a moving light or lights. Freestanding sign. A sign that is permanent and self- supporting, being nondependent on support from a building or other structure, including signs placed upon fences or nonsupporting walls. Illuminated sign. A sign that is illuminated with constant intensities of light of a non - varying nature. There are three (3) types of illuminated lights as follows: (a) Direct. Lighting by means of an unshielded light source which is effectively visible as a part of the sign. Neon lighting is considered direct lighting. (b) Indirect. Lighting which illuminates the front of a sign or the entire building facade upon which the sign is displayed, the source of the light being shielded from public view and from surrounding properties. Indirect illumination does not include lighting which is primarily used for purposes other than sign illumination, such as parking lot lighting. (c) Internal. Lighting by means of a light source which is within a sign having a translucent background and which silhouettes opaque letters or designs, or lighting within or behind letters or designs which are themselves made of translucent or opaque material. ZOA- 10 -01/ Sign Code Amendments Informational sign. A freestanding or wall -type sign, not located within public street right -of -way, which gives necessary direction or non - advertising information to motor vehicle operators or pedestrians, such as entrance, exit, parking limitations or location of onsite buildings or facilities. A company logo or name no larger than one (1) square foot may be included on each such permitted sign. Lot. A tract, building site, parcel or portion of land separated from other parcels or portions by description, as on a subdivision plat of record or survey map or by metes and bounds, for the purpose of sale, lease or use. Nonconforming sign. A sign which does not conform with the regulations set forth in this article, but which did meet the requirements of the regulations existing at the date of its erection. Off - premises sign. Any sign ' which advertises or directs attention to a business, commodity, service or activity conducted, sold or offered elsewhere other than on the property which the sign is located. Painted sign. A sign that is painted directly onto the exterior surface of a building, wall or structure. Political sign. A noncommercial sign, which is exempt from permit requirements, erected or placed so as to advertise, announce, declare or state a political message, whether relating to a political campaign or election or any other issue of public concern which is protected by the First Amendment right of free speech. i which is affixed to, or mounted on a freestanding wood or metal pole, and anchored in Portable sign. Any sign which is supported by one (1) or more uprights or braces upon the ground and which is of portable design. Projecting sign. A sign which is affixed to any building, wall or structure and which extends beyond the building wall more than fifteen (15) inches. Public sign. A sign that is required by federal, state or local law or ordinance necessary for public information. Revolving sign. A sign utilizing an axis point to pivot the sign surface. Roof sign. A sign erected, constructed and maintained above the eaves and attached to the roof of a building. Semipublic sign. A sign giving information as to church location, educational institutions or service club locations. Sign. Any object or device or part thereof situated outdoors or indoors, viewed from outdoors by the general public, and which object or device or the effect produced thereby is used to advertise, announce, identify, declare, demonstrate, display, instruct, direct or attract attention by means including, but not limited to, words, letters, figures, designs, fixtures, colors, motion, illumination, sound or projecting images. Sign permit. A building permit issued for the erection, construction, enlargement, alteration, repair, relocation, improvement, removal, conversion or demolition of any sign issued pursuant to the building code of the city or this sign code. Sign structure. Any supports, uprights, braces or framework of a sign which does not include any portion of the sign message. ZOA- 10 -01/ Sign Code Amendments Major interior drive. A drive aisle located on private property which connects two (2) public streets or provides access to two (2) or more parcels of land or developments. Street frontage. For the purpose of signage, frontage upon a street is obtained by ownership, easement or leasehold only if used for vehicular access to the property, or if not used for vehicular access, only if such street frontage is at least fifty (50) feet in width. Where the regulations allow "one sign per street frontage," the intent is that the sign allowed is placed upon or facing the street, unless specifically otherwise permitted. Surface area of sign. The total area enclosed by the shortest line that can be drawn around the entire sign, including any architectural embellishment or background material or color forming an integral part of the display and used to differentiate the sign from its surroundings. Sign support structures which do not bear advertising material shall be excluded in computation of sign area. Signs without backing (i.e., freestanding, projecting, A- frame or pedestal signs) are allowed the maximum square footage for each side for double -faced signs; however, signs having more than two (2) sides or faces shall not exceed the total face area allowed for a double -faced sign. Temporary sign. Any sign, banner, pennant, valance or other outdoor advertising sign constructed of light fabric, cardboard, wallboard, plywood, sheet metal, paper or other light materials, with or without a frame, intended or designed to be displayed for a limited period of time. Traffic and regulatory signs. Signs, signals or markings placed or erected by federal, state or local authority for the purpose of regulating, warning or guiding traffic. Unlawful sign. Any sign or outdoor advertising device erected in the absence of a permit required by this article, or in violation of any of the limitations, prohibitions or requirements of this article. Unsafe sign. Any sign or advertising structure found unsafe or insecure or creating a hazard or menace to the public safety, health and welfare. Urban renewal unified' commercial development identification sign: Any sign which advertises or directs attention to a use or activity within an urban renewal unified' commercial development and which is not located on the same parcel as the identified use or activity. An urban renewal unified commercial development is defined as a contiguous development, located in an urban renewal district, wherein at least 50 percent of the total building square footage contains commercial land uses and the development site is at least 7 acres in size. Such signs shall be allowed in addition to those signs permitted on the oronerty and must be located on or immediately adjacent to public or private infrastructure approved or Wall sign. A sign constructed of durable materials or painted and which is permanently affixed to an exterior surface of any building, wall or structure and which does not extend more than fifteen (15) inches beyond the building wall, except that signage placed upon marquees, canopies or awnings shall be considered as wall signs. Section 2: Section 26 -707 of the Code is amended to read: Sec. 26 -707. General provisions /performance standards. A. Sight distance triangle. 1. No sign is allowed which would violate the sight distance triangle requirements of section 26 -603B. 2. At signalized intersections, where both streets are collectors and /or arterial, the required sight distance shall be governed by the standards set forth in the most current edition of the policy on geometric design of highways and streets, published by the American Association State Highway and Transportation Officials (AASHTO). B. Location of signs. 1. All signs allowed by this article, except billboards, public signs, and semipublic signs, institutional campus identification signs, major activity center identification signs, urban renewal unified commercial development identification signs, and signs; permitted under the criteria in section 26 -708.F shall be located on the lot which they advertise. C. Streets and rights -of -way. 1. No sign shall be erected in such a location as to interfere with motor vehicle or pedestrian traffic. 2. No sign is allowed in the public right -of -way, with the exception of a. signs on bus benches and shelters pursuant to article IV of chapter 21 and ZOA- 10 -01/ Sign Code Amendments b. public, semi - public, traffic, regulatory, and projecting signs, c. institutional campus identification signs, major activity center identification signs, and urban renewal unified commercial development identification signs, as outlined in section 26 -710. d. signs permitted under the criteria in section 26 -708.F 3. No sign is allowed which maybe construed as a traffic signor signal or which maybe confusing to motorists or mistaken as a traffic signal. 4. Where it is difficult to determine the pubic right -of -way boundary due to lack of curb, gutter and /or sidewalk, or survey markers, such boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb. Where a sidewalk exists, such boundaries shall be presumed to be two (2) feet from outside edge of sidewalk. 5. Attachment of any sign to utility poles or other poles or structures within public right -of -way is prohibited, except as approved by city council pursuant to this article. 6. Temporary signs found by an enforcement officer to be located within city right -of -way or in violation of sight triangle requirements shall be removed by such enforcement officer with no requirement of notice. D. Interference. 1. No sign is allowed which employs a lighting or control mechanism which causes radio, radar, cellular telephone or television interference. 2. No sign is allowed which, even though in general conformance with the standards and requirements of this sign code, is judged by the chief of police and public works director as a dangerous sign due to interference with a traffic control device by being in direct line between the control device and oncoming traffic or otherwise in visual competition with a traffic control device. E. Compliance with building codes. 1. No sign shall be erected, constructed or maintained which obstructs or is attached to any fire escape, window, door or opening used as a means of egress or ingress or for firefighting purposes, or is placed which interferes with any opening required for light or ventilation. 2. No sign is permitted which is structurally unsafe as determined by the chief building official, based upon criteria established in the adopted building codes. 3. The design of all sign structure members and foundation shall conform to the requirements of the building code relative to allowable stresses, materials and engineering standards. Loads, both vertical and horizontal, shall not produce stresses exceeding those specified in the building code, and material construction shall be of the quality and grade required by the building code. All signs and structures shall be designed and constructed to meet the adopted building and electrical codes. F. Outside display. 1. Notwithstanding the provisions of section 26 -631, any merchandise displayed outside of a building in such a way as to attract attention when viewed by the general public by placement upon a pole, a fence, a platform, roof or other similar device or structure shall be considered a sign and is prohibited. This shall not, however, be construed to prohibit merchandise customarily stored outside of buildings and placed upon shelves or tables, such as automobiles, campers, boats, plant materials, produce or lumber. G. Illumination. 1. All illuminated signage shall comply with section 26 -503 of the zoning and development code. 2. Signs within one hundred (100) feet of a residential structure, may be lighted indirectly or internally. 3. Signs over one hundred (100) feet from a residential structure, may use any type of lighting source, except search or flashing lights, provided that they are shaded, shielded or directed so that the light shall not adversely affect surrounding premises or interfere with safe vision on public or private roadways, including highways. 4. All direct and indirect lighting sources shall be downcast to reduce glare, sky glow and light pollution. H. Maintenance. 1. Any sign, including temporary signs, that becomes discolored, ragged, shredded, detached, etc., shall be removed or repaired. I. Removal or reconstruction of dangerous signs. 1. All signs which are prohibited shall conform to the provisions of this article either by removal or reconstruction, whichever applies, within sixty (60) days after the owner of such sign is notified of the violation. ZOA- 10 -01/ Sign Code Amendments 10 Section 3: Section 26 -708 of the Code is amended to read: Sec. 26 -708. Miscellaneous provisions. A. Building addresses. 1. House or building address number signs shall be consistent with section 26 -419 C. - - E. of the zoning and development code. B. Signs located on bus benches and bus stop shelters. 1. Signs located on bus benches shall be in conformance with Code of Laws, article IV, section 21 -124. 2. Signs located on a bus stop shelter shall be in conformance with Code of Laws, article IV, section 21 -151. Such signs shall be limited to two (2) faces per shelter for commercial advertising purposes with a maximum of twenty-four (24) square feet per face. C. Freestanding signs -- Commercial, industrial and mixed use zone districts. 1. Where two (2) freestanding signs are permitted by virtue of multiple street frontage, each permitted sign shall be allowed to have the maximum square footage allowed based on the formulas shown in section 26- 708.C.5. In addition, the sign area allowed may be transferred from one (1) sign to another; provided, that no freestanding sign shall exceed four hundred (400) square feet in area. 2. Where multiple signs are permitted because of multiple street frontage, the signs may be erected on the same street frontage. 3. For double -faced signs, each sign face can have the maximum square footage allowed. 4. Landscaping requirement: For new development or total redevelopment, all freestanding signs shall be placed within landscaped areas. 5. Maximum sign area: Based upon the following table: Maximum Sign Area (Square Feet = s.f.)' TABLE INSET: Floor Area Single Use Development Multiple Use Development of Building 0- -1,500 s.f. 35 s.f. 60 s.f. 1,501- -5,000 35 s.f. plus 1 s.f. per each additional 50 s.f. 60 s.f. plus 1 s.f. per each additional 40 s.f. of floor area over 1,501. s.f. of floor area over 1,501. 5,001 -- 100 s.f. plus 1 s.f. per each additional 500 150 s.f. plus 1 s.f. per each 300 s.f. of floor 50,000 s.f. s.f. of floor area over 5,001. area over 5,001. 190 s.f. plus 1 s.f. per each additional 300 s.f. plus 1 s.f. per each additional Over 50,001 Ov Ov 1,000 s.f. of floor area over 50,001 up to a 1,000 s.f. of floor area over 50,001 up to a maximum size of 300 s.f. maximum size of 400 s.f. "In computing allowable sign size, only the footprint of the structure can be used. The floor area of gas station and drive -thru canopies cannot be applied toward the freestanding sign allowance. D. Freestanding signs -- Residential, agriculture and public raaunes zone dismcrs. 1. Where two (2) freestanding signs are permitted by virtue of multiple street frontage, each permitted sign shall be allowed to have the maximum square footage allowed, as defined in section 26- 708.C.5. 2. Where multiple signs are permitted because of multiple street frontage, the signs maybe erected on the same street frontage. 3. For double -faced signs, each sign face can have the maximum square footage allowed. 4. Landscaping requirement: For new development or total redevelopment, all freestanding signs shall be placed within landscaped areas. E. Master sign plan. 1. The planning commission may approve a master sign plan for any existing or proposed commercial or industrial development of at least two (2) acres or more in size which is under unified control either by ZOA- 10 -01/ Sign Code Amendments 11 ownership, legal association or leasehold. 2. The intent and purpose is to encourage well - planned and designed signage within a large multiple building or multiple use complex which expresses unification and integration by elements of architectural style, size, color, placement and lighting while at the same time allowing for reasonable individual business identification. An additional purpose is to encourage the elimination of existing nonconforming signs. The planning commission may grant as a bonus for well- designed plans additional signs and /or up to a fifty (50) percent increase in maximum square footage for each sign, and /or may permit signs in locations other than normally permitted, based upon a finding that the proposed master sign plan substantially meets the intent and purpose of this subsection relating to unification and integration of signage. 3. Once approved at a public hearing by planning commission, all master sign plans shall be recorded with the Jefferson County Recorder's Office and shall constitute a covenant and must be complied with by all owners, proprietors, lessees or assigns, whether current or future. No substantial variation from the plan shall be permitted without planning commission approval. Noticing requirements for a master sign plan process shall follow the procedures outlined in section 26 -109. F. Signs in the right -of -way. 1. The community development director and public works director may jointly approve freestanding signs which are otherwise permitted to advertise a property, to be located in the public right -of- wav immediately adjacent to that orouertv. subject to all of the following criteria: m. tnere' are no vlame anernaove Pocatlomi on LIM 5UUJUUL pwIJUP LY n. the sign is for a property with commercial or mixed use zoning; o. the sign will be within right-of-way that is immediately adjacent to the subject property; p. the sign is not in the right-of-way of a state highway; q. there are no immediate plans for widening the street as identified in the 5 -year Capital Investment Program (CIP) or planning documents; r. the sign is not for a site being completely redeveloped with new construction, in which case the proposed design should incorporate the sign on site; s. no underground utilities, except for electricity, exist in the proposed location for the sign; t. the sign does not obstruct the sidewalk or vehicular' traffic; u. the sign complies with sight distance triangle requirements per section 26- 603.B; v. the sign is not located in the landscape buffer or amenity zone located between the back of curb and the sidewalk; w. the sign is not a pole sign; and x. the sign must exclusively, advertise or identify the business or operation located only on the immediately: adjacent property for which sign is permitted.. 2. 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Q (n CD O LL )p C O mL = W - O N .� m W a) = N ` N �' m N N 'U ai O D O_ U N o m a) U n n w m 0 T) fn U) ai n U a) a a) M m G b O U 0 4 N N C N d b 0 U 0 Q N (6 c O T 0) N C N T'm 9 m C N O Y U C O m L co p_ O co 3 cj c� E v Ca c2 rn n. §� o N V c,Fcm rn C OU� C aErm U CL U H a C 2-5 O m C= C o w a) N C' ..' 0 0) a) N N C rN- C U O C d m W N L Q E N d N C O (N .O N O O N w d - (0 ° o 'm- �'oa co- -a -6 .0 m o 3 c c 0 E� 3$ao N E N O_ m O C C p O o W C m'o QU 3 N U N N m s° m ai o o? c _ rn 3 E Om 2E °' �UV a i a 30- .0 `oE=.0 o c tn'co° m rn � Y m N m C Z w Q C W � U) m nw Z Z Z Z G W E � iva o _ j 00 E N O O z Z Z Z d' N ai m t0 w m O _ ai 'Z 'O L C 0)a W d .N N a -O a) N ny a) = d mrn o a o 0 N c U U d O N N N V' Ca m .m. N w N N "C N N O� � b N 0 Y a) O E m O m w c w 3 o c o d m �2 E Ed c N mZma) cm me C > j Z o N Q O @ O a m N m" U 41 @= N U U C a N N C� Q (n ° G N Z ' . + E _' O) m j N C L O' V'N N C 3 N ..-+ C O 'a m N . N N (O N w W Ix O N r z O z O z CL z m O O W c 0 l0 O ?) N O C cp U V m N J a n N U N m N a) N m m U O N Z U O N N N N Z m 0 C N Z L O ym CO p Oa01 c6 UE C O LL L C c0 N Co w E U' Q a m pm O O W m U m 0- N W n m o �U- m N C O O O Q O c 2 V a 2 . C C t N 2)O N O E d m 0 01 w 0ln 0)1] c U) - _UCn C N d b 0 U 0 Q N ) $ / \ \ f 2 =° \E§ /w 22 - E - z w - ) - _ \ \\ E§ : E \§ \ \\\ - / k] �2 , m CO z z a z \\ 0 @ < �z - \ z z z a E §{ cu k § f f d) m _ \f% z z z \ F- }} z z ) _ cc §a- � ` \ 2 2 /2 ®&}wo \\)]y &= §{f %E,a , / f o >w !!) \f G) / < z 4)o \ c ® Ee 12 -0 w2 ®;=[ >w) } \ ® K# {f)))\) /k�\ \ 0 >c } //e & ( -0 0mm 77 of a ) $ / \ ) ) / 0 /� \\\ 0a)0 ® \-o \ - \ \\ 00E 0- _- w2E -E » ®� co cc E / rt) 3 \%af2o \*f 0c 2e 3 2 \)).0 MCU)2 0u §3qo® __ .- _�_ .- LU ° ° / § {mz /) }{ =m /j E (D Co \)�}k\a #± �] ®ECLE Co ow �#¥2/ ]f §:5 -§E! m 2§ o of § S# 2 ! E» �+ ]k s$ e} a2 \/ \0 \\ k ,z me, �a CL h/ {Z! CD - -_ _ - \k \�) �\ \\ \§ E CD 0# #i ;«_� a) o � \ - \ \ \{k \\( MU)(D \k/ }§} e( }} / / ( ) ƒ (D § \, { { �k =o % / \) / \ iM\\ ) ) / 0 Section 6: Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 7: Severability Conflicting Ordinances Repealed If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 8: Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this 24th day of May, 2010, ordered it published with Public Hearing and consideration of final passage set for Monday, June 28 2010 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to _, this 28th day of June, 2010. SIGNED by the Mayor on this day of 2010. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: _ Wheat Ridge Transcript: Effective Date: ZOA- 10 -01/ Sign Code Amendments 35 City of Wheat Ri jgc c S qj� gMU'_� � �mv) n �d LG � y' !'F rn v�S C ITEM NO: f DATE: May 24, 1010 REQUEST FOR CITY COUNCIL ACTION ENG.\C .� SEAV ,a1C V� \iT Of \, � ey P y �� :C�� ? fst D�' V � \ W 1 V ., / 1: G2a 1 ' .. fy Fx a 1 � � ° WT a\ � /ItM � �WnenP ��' /Wn n� TITLE: COUNCIL BILL NO. 08 -2010 - AN ORDINANCE AMENDING ARTICLE VII OF CHAPTER 26 CONCERNING OFF - PREMISE IDENTIFICATION SIGNS, COMMUNITY EVENT /SPONSORSHIP BANNERS, AND SIGNS IN THE PUBLIC RIGHT -OF -WAY (CASE NO. ZOA- 10 -01) ❑ PUBLIC HEARING ® ORDINANCES FOR 1 READING (05/24/2010) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2 READING (06/28/2010) ❑ RESOLUTIONS QUASI - JUDICIAL: ❑ YES Co unity Dev m nt irector mime Cs�'r City Mari Cger ISSUE: At the April 5, 2010 City Council Study Session, Council directed staff to move forward with three amendments to the sign code that will address the following issues: (1) The allowance of off - premise identification signs for major activity centers, urban renewal unified commercial developments, and institutional campuses (2) The allowance of community event/sponsorship banners on City-owned and public school properties (3) The allowance of signs in the adjacent public right -of -way for certain commercially - zoned properties meeting specific criteria Staff has proposed the attached amendments to the sign code, Article VII of Chapter 26, to create allowances for the three types of signs above. Bold typeface designates new language and strike - through designates deletions to the existing code. ZOA 10 -01 Sign Code Amendments Council Action Form May 24, 2010 Page 2 PRIOR ACTION: City Council provided direction to staff at the April 5, 2010 study session. The Planning Commission is scheduled to review this code amendment at a public hearing scheduled on June 3, 2010. FINANCIAL IMPACT: The proposed amendment that would allow community event/sponsorship banners on City - owned property could create limited additional revenue for the City. The Department of Parks and Recreation would like special event permits to be required for banners on City property, with an associated fee. There is also the potential to allow company logos and sponsorships on such banners, which could provide an opportunity to raise revenue for the City. In addition, the improved flexibility in the location of off - premise signs may result in improved opportunities for commercial and mixed use development in Wheat Ridge, which could have an indirect financial impact on the City. BACKGROUND: 1. Off-Premise Identification Signs Currently, the sign code greatly restricts the use of off - premise signs, which are defined as signs that advertise or direct attention to a business or service that is not located on the same site as the sign. The code allows for the following types of off - premise signs, which may be located on another private property with approval from Community Development and the property owner, or in the public right -of -way, with approval from Public Works: (1) Public signs and traffic /regglatory signs (2) Semi - public signs, which give information to church locations, educational institutions or service club locations and are limited to six square feet in area (3) Billboards, which are only allowed in certain portions of the City (identified in a map in the code) near I -70 and are limited to a total of 16 within the City For some large, unified commercial developments, as well as large institutional campuses, off - premise signs can provide important identification needs. A monument sign located near a highway or major arterial, for example, can help draw attention and traffic to the development. There are often instances where a large commercial or mixed use development is paying for infrastructure improvements, such as roadway improvements, beyond the boundaries of the actual development site, typically in a master - planned development. In such instances, it may be appropriate to allow the placement of identification signs on or near the infrastructure improvements to draw attention to the nearby development that paid for those improvements. The current sign code would prohibit such signs since they would advertise and/or direct attention to a business not located on the same piece of property. 2. Community Event /Sponsorship Banners The Parks and Recreation Department would like to display department- approved banners on City property, including ball fields and tennis courts in City parks. The banners would be used primarily to advertise Park and Recreation events, but could also help advertise Wheat Ridge Council Action Form May 24, 2010 Page 3 Youth Sports group activities. These signs would provide a convenience to the public by informing them of these leagues and activities. The sign code currently allows for temporary banners, but with requirements that essentially prohibit the types of banners that Parks and Recreation would like to hang on parks properties. For example, the code requires that banners are hung on a building — and thus could not be located on a fence — and determines the allowable area of the banner based on the square footage of the main building on -site, a metric that does not work if there is no structure on the property. A revision to the sign code that would allow community event/sponsorship banners on City- owned property could help resolve this issue. Based on the current regulations, public schools would also be prohibited from hanging banners on ball fields or tennis courts to advertise sports leagues or school - related events. The sign code amendment would allow temporary banners on city-owned property and public school properties, and the banners would be approved and monitored through the Parks Department and individual schools. 3. Signs in the Public Right -of -Way The current sign code does not allow the construction of commercial freestanding signs in the public right -of -way (ROW). In general, that is a regulation that staff strongly supports. In some limited areas of the City, where existing ROW boundaries are unusually wide, and may even overlap with existing off -street parking or landscaping, this provision can be difficult as it is nearly impossible to find a location for a sign that is near the street and not in the public ROW. For sites that are completely redeveloping, this is not an issue since a complete scrape -off allows the business to find an on -site location for the sign. However, there are instances where a new business proposes to re -use an existing building and site configuration. If the subject site is in an area with unusual ROW widths, it can A be difficult to find a viable on -site location for a freestanding sign. This issue is not unique to Wheat Ridge. Several jurisdictions in the metro area, including Arvada, Denver, Englewood, and Golden, provide the opportunity for property owners to apply for a revocable permit, which allows placement of a sign in the ROW with the ability for the City to remove that sign at any time if necessary. Wheat Ridge already offers a similar permit for fences and other objects that a private owner may want to place in the ROW, called a ROW use permit. This permit is authorized through the Public Works Department and is good for a period of five years, at which point the applicant must apply to have the permit renewed. RECOMMENDATIONS: 1. Off - Premise Identification Signs Staff recommends amending the sign code to allow off - premise identification signs for three different categories of development, described below. In all instances, the off - premise identification signs would be (a) part of an approved master sign plan, which is reviewed by Community Development and Public Works staff and approved by Planning Commission; and (b) required to be located on or immediately adjacent to public or private infrastructure approved or required for the operation of the development. Council Action Form May 24, 2010 Page 4 The three categories of development that the new off - premise identification sign allowance would apply to are: (1) Major Activity Center, defined as a contiguous commercial development that is greater than 150 acres (2) Urban Renewal Unified Commercial Developments, defined as a contiguous development that is at least seven acres in size and where at least 50 percent of the total building square footage contains commercial land use (3) Institutional Campus, defined as a contiguous development over 75 acres in size that contain institutional land uses, such as medical or educational Staff also recommends that the following restrictions and regulations apply to off - premise identification signs: (1) Major Activity Center Identification Signs • Maximum of two allowed per activity center • Must be within' /4 mile of the activity center • Maximum height of ten feet, maximum area of 50 square feet • No pole signs allowed • Option for one highway sign: up to one sign, only if it is within 300 feet of a state or interstate highway, may be a maximum of 30 feet with a maximum area of 200 square feet (2) Urban Renewal Unified Commercial Development Identifications Signs • Maximum of two allowed per commercial development • Must be within' /4 mile of the commercial development • Maximum height often feet, maximum area of 50 square feet • No pole signs allowed (3) Institutional Campus Identification Signs • Maximum of two allowed per campus • Must be within '/4 mile of the campus • Maximum height of seven feet, maximum area of 32 square feet • No pole signs allowed 2. Community Event /Sponsorship Banners Staff recommends revising the sign code to create a new type of temporary banner that would meet the needs of the Parks and Recreation Department. The new banner category, proposed as a "community event/sponsorship banner," would apply to any City-owned property, and would thus allow other City departments to take advantage of the opportunity to publicize community events. For those banners located on City-owned property, a permit issued through the Parks Department would be required. Based on direction from City Council at the April 5, 2010 Study Session, the community event banners are also proposed for school properties owned by the Jefferson County School District. Such banners would be restricted to advertising school - related events and sports leagues, and would not require a permit. Council Action Form May 24, 2010 Page 5 Staff recommends that community event/sponsorship banners would be subject to the following criteria: • Must be located on City-owned property or a school property owned by the Jefferson County School District • Maximum size of 50 square feel on City property; maximum size of 32 square feet on school property • Maximum of two on school property; no maximum for City property (total number will be regulated by Parks through the special event permit process) • Must be temporary only, with time restrictions related to the time period of the event, with no banner to be in place for longer than four weeks • Can be located on buildings, fences, and poles. Cannot be attached to landscaping 3. Signs in the Public Right -of -Way Staff recommends adding an exception to the sign code that would enable properties meeting very specific criteria to place a commercial sign in the right -of -way immediately adjacent to that property. This exception from the rule prohibiting signs in the ROW would be added to section 26 -708 and require that the following criteria are met: a. There are no viable alternative locations on the subject property. b. The sign is for a property with commercial or mixed use zoning. c. The sign will be within right -of -way that is immediately adjacent to the subject property. d. The sign is not in the right -of -way of a state highway. e. There are no immediate plans for widening the street as identified in the Five -year Capital Investment Program (CIP) or planning documents. f. The sign is not for a site being completely redeveloped with new construction, in which case the proposed design should incorporate the sign on site. g. No underground utilities, except for electricity, exist in the proposed location for the sign. h. The sign does not obstruct the sidewalk or vehicular traffic. i. The sign complies with sight distance triangle requirements per section 26- 603.B. j. The sign is not located in the landscape buffer or amenity zone located between the back of curb and the sidewalk. k. The sign is not a pole sign. 1. The sign must exclusively advertise or identify the business or operation located only on the immediately adjacent property for which sign is permitted. If a property meeting the above criteria wished to place a sign in the ROW, staff proposes that it could be allowed, subject to approval by the directors of the Public Works and Community Development departments, as well as approval of a sign permit and ROW use permit. RECOMMENDED MOTION: "I move to approve Council Bill No. 08 -2010 Case No. ZOA- 10 -01, an ordinance amending Chapter 26 of the Code of Laws concerning off - premise identification signs, community event/sponsorship banners, and signs in the public right -of -way on first reading, order it Council Action Form May 24, 2010 Page 6 published, public hearing set for Monday, June 28 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication. Or, "I move to deny Council Bill No. 08 -2010 Case No. ZOA- 10 -01, an ordinance amending Chapter 26 of the Code of Laws concerning off - premise identification signs, community event/sponsorship banners, and signs in the public right -of -way, for the following reason(s) REPORT PREPARED/REVIEWED BY: Sarah Showalter, Planner II Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 08 -2010 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. 08 ORDINANCE NO. Series 2010 TITLE: AN ORDINANCE AMENDING CODE OF LAWS ARTICLE VII OF CHAPTER 26 CONCERNING OFF - PREMISE IDENTIFICATION SIGNS, COMMUNITY EVENT /SPONSORSHIP BANNERS, AND SIGNS IN THE PUBLIC RIGHT -OF -WAY WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the City Council of the City of Wheat Ridge finds that more flexibility is desired with regards to the placement of off - premise identification signs for major activity centers, urban renewal commercial developments, and institutional campuses; and WHEREAS, the City Council of the City of Wheat Ridge finds that the placement of special event/sponsorship banners on city -owned property and public school properties is desired; and WHEREAS, the City Council of the City of Wheat Ridge finds that the ability to place certain signs in the public right -of -way, subject to specific criteria and a revocable permit, is desired to provide flexibility for businesses investing in the improvement of commercial sites. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26 -702 of the Code is amended to read: Sec. 26 -702. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Animated sign. A sign or parts thereof, which revolve, whirl, twirl or utilize motion, implied or actual, in a horizontal or vertical plane or both. The only animated type of signs that are permitted are "barber pole" signs. Arcade sign. Any sign projecting beneath and attached to the underside of any balcony, canopy, awning or other structural overhang or passageway. Artistic mural or sculpture. A freestanding statue or sculpture or a graphic illustration or design, or an architectural design or relief applied directly to or incorporated within a wall of a building, which does not advertise or promote a particular business, service or "branded" product. ATTACHMENT 1 Awning. A movable shelter supported entirely from the exterior wall of a building and /or a type which can be retracted against the face of the supporting building. Banner. A sign or advertising display constructed of cloth, canvas, fabric or other light material that is mounted with no enclosing framework intended to be displayed for a short period of time. Billboard. Any' sign in excess of fifty (50) square feet in size oriented to the interstate highway utilized to advertise a product or service that is not produced or conducted on the same property as the sign. Building front. The exterior wall(s) of a building facing a public street or streets or other public right -of -way other than alleys, or one (1) exterior wall containing the primary entrance to the building if not directly facing upon a public street. Canopy. A roof -like structure serving the purpose of protecting vehicles and /or pedestrians and which may be freestanding or attached to a building, is provided with supports, and is open on three (3) sides if attached and on all sides if freestanding. Development. A single lot, parcel or tract of land or portions or combinations of lots, parcels or tracts of land which are held in single or common ownership and which exist as a distinct functional entity. Multi -use and multi- tenant buildings and multiple building complexes which are held in singular or common ownership, either by individual, corporation, partnership or other legally recognized entity, shall be considered a "development" for the purpose of signage. Erect. To build, construct, attach, hang, place, suspend, affix, relocate or reconstruct any sign or sign - supporting structure. Flashing sign. A sign that is illuminated with intermittent lighting, animated lighting or with varying intensities of light at intervals of fifteen (15) seconds or less, including a moving light or lights. Freestanding sign. A sign that is permanent and self- supporting, being nondependent on support from a building or other structure, including signs placed upon fences or nonsupporting walls. Changeable copy sign. A sign, either illuminated or nonilluminated, which is designed so that the message or any part of the message may be periodically changed, either mechanically or electronically, however, where a change in message occurs no sooner than every fifteen (15) seconds. Illuminated sign. A sign that is illuminated with constant intensities of light of a non - varying nature. There are three (3) types of illuminated lights as follows: (a) Direct. Lighting by means of an unshielded light source which is effectively visible as a part of the sign. Neon lighting is considered direct lighting. (b) Indirect. Lighting which illuminates the front of a sign or the entire building facade upon which the sign is displayed, the source of the light being shielded from public view and from surrounding properties. Indirect illumination does not include lighting which is primarily used for purposes other than sign illumination, such as parking lot lighting. (c) Internal. Lighting by means of a light source which is within a sign having a translucent background and which silhouettes opaque letters or designs, or lighting within or behind letters or designs which are themselves made of translucent or opaque material. Informational sign. A freestanding or wall -type sign, not located within public street right -of -way, which gives necessary direction or non - advertising information to motor vehicle operators or pedestrians, such as entrance, exit, parking limitations or location of onsite buildings or facilities. A company logo or name no larger than one (1) square foot may be included on each such permitted sign. Major interior drive. A drive aisle located on private property which connects two (2) public streets or provides access to two (2) or more parcels of land or developments. Nonconforming sign. A sign which does not conform with the regulations set forth in this article, but which did meet the requirements of the regulations existing at the date of Lot. A tract, building site, parcel or portion of land separated from other parcels or portions by description, as on a subdivision plat of record or survey map or by metes and bounds, for the purpose of sale, lease or use. its erection. Off - premises sign. Any sign �*' : !Qa`'�' "'F` # ^�'� ~ which advertises or directs attention to a business, commodity, service or activity conducted, sold or offered elsewhere other than on the property which the sign is located. � ��:: �:-�• s s�� r .t``�?t FF '�' �` ¢ yY' irvia'`�� �:o- ..:_, -� ni..; .. Painted sign. A sign that is painted directly onto the exterior surface of a building, wall or structure. Political sign. A noncommercial sign, which is exempt from permit requirements, erected or placed so as to advertise, announce, declare or state a political message, whether relating to a political campaign or election or any other issue of public concern which is protected by the First Amendment right of free speech. Portable sign. Any sign which is supported by one (1) or more uprights or braces upon the ground and which is of portable design. Projecting sign. A sign which is affixed to any building, wall or structure and which extends beyond the building wall more than fifteen (15) inches. Public sign. A sign that is required by federal, state or local law or ordinance necessary for public information. Revolving sign. A sign utilizing an axis point to pivot the sign surface. Roof sign. A sign erected, constructed and maintained above the eaves and attached to the roof of a building. Semipublic sign. A sign giving information as to church location, educational institutions or service club locations. Sign. Any object or device or part thereof situated outdoors or indoors, viewed from outdoors by the general public, and which object or device or the effect produced thereby is used to advertise, announce, identify, declare, demonstrate, display, instruct, direct or attract attention by means including, but not limited to, words, letters, figures, designs, fixtures, colors, motion, illumination, sound or projecting images. Sign permit. A building permit issued for the erection, construction, enlargement, alteration, repair, relocation, improvement, removal, conversion or demolition of any sign issued pursuant to the building code of the city or this sign code. Sign structure. Any supports, uprights, braces or framework of a sign which does not include any portion of the sign message. Street frontage. For the purpose of signage, frontage upon a street is obtained by ownership, easement or leasehold only if used for vehicular access to the property, or if not used for vehicular access, only if such street frontage is at least fifty (50) feet in width. Where the regulations allow "one sign per street frontage," the intent is that the sign allowed is placed upon or facing the street, unless specifically otherwise permitted. Surface area of sign. The total area enclosed by the shortest line that can be drawn around the entire sign, including any architectural embellishment or background material or color forming an integral part of the display and used to differentiate the sign from its surroundings. Sign support structures which do not bear advertising material shall be excluded in computation of sign area. Signs without backing (i.e., freestanding, projecting, A -frame or pedestal signs) are allowed the maximum square footage for each side for double -faced signs; however, signs having more than two (2) sides or faces shall not exceed the total face area allowed for a double -faced sign. Temporary sign. Any sign, banner, pennant, valance or other outdoor advertising sign constructed of light fabric, cardboard, wallboard, plywood, sheet metal, paper or other light materials, with or without a frame, intended or designed to be displayed for a limited period of time. Traffic and regulatory signs. Signs, signals or markings placed or erected by federal, state or local authority for the purpose of regulating, warning or guiding traffic. Unlawful sign. Any sign or outdoor advertising device erected in the absence of a permit required by this article, or in violation of any of the limitations, prohibitions or requirements of this article. Wall sign. A sign constructed of durable materials or painted and which is permanently affixed to an exterior surface of any building, wall or structure and which does not extend more than fifteen (15) inches beyond the building wall, except that signage placed upon marquees, canopies or awnings shall be considered as wall signs. Unsafe sign. Any sign or advertising structure found unsafe or insecure or creating a hazard or menace to the public safety, health and welfare. Section 2: Section 26 -707 of the Code is amended to read: Sec. 26 -707. General provisions /performance standards. A. Sight distance triangle. 1. No sign is allowed which would violate the sight distance triangle requirements of section 26 -603B. 2. At signalized intersections, where both streets are collectors and /or arterial, the required sight distance shall be governed by the standards set forth in the most current edition of the policy on geometric design of highways and streets, published by the American Association State Highway and Transportation Officials (AASHTO). B. Location of signs. 1. All signs allowed by this article, except billboards, public signs, aad sem located on the lot which they C. Streets and rights -of -way. 1. No sign shall be.erected in such a location as to interfere with motor vehicle or pedestrian traffic. 2. No sign is allowed in the public right -of -way, with the exception of: a. signs on bus benches and shelters pursuant to article IV of chapter 21 b. public, semi - public, traffic, regulatory, and projecting signs, 3. No sign is allowed which may be construed as a traffic sign or signal or which may be confusing to motorists or mistaken as a traffic signal. 4. Where it is difficult to determine the pubic right -of -way boundary due to lack of curb, gutter and /or sidewalk, or survey markers, such boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb. Where a sidewalk exists, such boundaries shall be presumed to be two (2) feet from outside edge of sidewalk. 5. Attachment of any sign to utility poles or other poles or structures within public right -of -way is prohibited, except as approved by city council pursuant to this article. 6. Temporary signs found by an enforcement officer to be located within city right - of -way or in violation of sight triangle requirements shall be removed by such enforcement officer with no requirement of notice. D. Interference. 1. No sign is allowed which employs a lighting or control mechanism which causes radio, radar, cellular telephone or television interference. 2. No sign is allowed which, even though in general conformance with the standards and requirements of this sign code, is judged by the chief of police and public works director as a dangerous sign due to interference with a traffic control device by being in direct line between the control device and oncoming traffic or otherwise in visual competition with a traffic control device. E. Compliance with building codes. 1. No sign shall be erected, constructed or maintained which obstructs or is attached to any fire escape, window, door or opening used as a means of egress or ingress or for firefighting purposes, or is placed which interferes with any opening required for light or ventilation. 2. No sign is permitted which is structurally unsafe as determined by the chief building official, based upon criteria established in the adopted building codes. 3. The design of all sign structure members and foundation shall conform to the requirements of the building code relative to allowable stresses, materials and engineering standards. Loads, both vertical and horizontal, shall not produce stresses exceeding those specified in the building code, and material construction shall be of the quality and grade required by the building code. All signs and structures shall be designed and constructed to meet the adopted building and electrical codes. F. Outside display. 1. Notwithstanding the provisions of section 26 -631, any merchandise displayed outside of a building in such a way as to attract attention when viewed by the general public by placement upon a pole, a fence, a platform, roof or other similar device or structure shall be considered a sign and is prohibited. This shall not, however, be construed to prohibit merchandise customarily stored outside of buildings and placed upon shelves or tables, such as automobiles, campers, boats, plant materials, produce or lumber. G. Illumination. 1. All illuminated signage shall comply with section 26 -503 of the zoning and development code. 2. Signs within one hundred (100) feet of a residential structure, may be lighted indirectly or internally. 3. Signs over one hundred (100) feet from a residential structure, may use any type of lighting source, except search or flashing lights, provided that they are shaded, shielded or directed so that the light shall not adversely affect surrounding premises or interfere with safe vision on public or private roadways, including highways. 4. All direct and indirect lighting sources shall be downcast to reduce glare, sky glow and light pollution. H. Maintenance. 1. Any sign, including temporary signs, that becomes discolored, ragged, shredded, detached, etc., shall be removed or repaired. I. Removal or reconstruction of dangerous signs. 1. All signs which are prohibited shall conform to the provisions of this article either by removal or reconstruction, whichever applies, within sixty (60) days after the owner of such sign is notified of the violation. Section 3: Section 26 -708 of the Code is amended to read: Sec. 26 -708. Miscellaneous provisions. A. Building addresses. 1. House or building address number signs shall be consistent with section 26 -419 C. - -E. of the zoning and development code. B. Signs located on bus benches and bus stop shelters. 1. Signs located on bus benches shall be in conformance with Code of Laws, article IV, section 21 -124. 2. Signs located on a bus stop shelter shall be in conformance with Code of Laws, article IV, section 21 -151. Such signs shall be limited to two (2) faces per shelter for commercial advertising purposes with a maximum of twenty -four (24) square feet perface. C. Freestanding signs -- Commercial, industrial and mixed use zone districts. 1. Where two (2) freestanding signs are permitted by virtue of multiple street frontage, each permitted sign shall be allowed to have the maximum square footage allowed based on the formulas shown in section 26- 708.C.5. In addition, the sign area allowed may be transferred from one (1) sign to another; provided, that no freestanding sign shall exceed four hundred (400) square feet in area. 2. Where multiple signs are permitted because of multiple street frontage, the signs may be erected on the same street frontage. 3. For double -faced signs, each sign face can have the maximum square footage allowed. 4. Landscaping requirement: For new development or total redevelopment, all freestanding signs shall be placed within landscaped areas. 5. Maximum sign area: Based upon the following table: Maximum Sign Area (Square Feet = s.f.)* TABLE INSET: Floor Area of Building Single Use Development Multiple Use Development 0- -1,500 s.f. 35 s.f. 60 s.f. 1,501 - -5,000 35 s.f. plus 1 s.f. per each additional 50 60 s.f. plus 1 s.f. per each additional s.f. s.f. of floor area over 1,501. 40 s.f. of floor area over 1,501. 5,001 -- 100 s.f. plus 1 s.f. per each additional 150 s.f. plus 1 s.f. per each 300 s.f. of 50,000 s.f. 500 s.f. of floor area over 5,001. floor area over 5,001. Over 50,001 190s - f - plus 1 s.f. per each additional 300 s.f. plus 1 s.f. per each additional s.f. 1,000 s.f. of floor area over 50,001 up 1,000 s.f. of floor area over 50,001 up to a maximum size of 300 s.f. to a maximum size of 400 s.f. *In computing allowable sign size, only the footprint of the structure can be used. The floor area of gas station and drive -thru canopies cannot be applied toward the freestanding sign allowance. D. Freestanding signs -- Residential, agriculture and public facilities zone districts. 1. Where two (2) freestanding signs are permitted by virtue of multiple street frontage, each permitted sign shall be allowed to have the maximum square footage allowed, as defined in section 26- 708.C.5. 2. Where multiple signs are permitted because of multiple street frontage, the signs may be erected on the same street frontage. 3. For double -faced signs, each sign face can have the maximum square footage allowed. 4. Landscaping requirement: For new development or total redevelopment, all freestanding signs shall be placed within landscaped areas. E. Master sign plan. 1. The planning commission may approve a master sign plan for any existing or proposed commercial or industrial development of at least two (2) acres or more in size which is under unified control either by ownership, legal association or leasehold. 2. The intent and purpose is to encourage well - planned and designed signage within a large multiple building or multiple use complex which expresses unification and integration by elements of architectural style, size, color, placement and lighting while at the same time allowing for reasonable individual business identification. An additional purpose is to encourage the elimination of existing nonconforming signs. The planning commission may grant as a bonus for well- designed plans additional signs and /or up to a fifty (50) percent increase in maximum square footage for each sign, and /or may permit signs in locations other than normally permitted, based upor a finding that the proposed master sign plan substantially meets the intent and purpose of this subsection relating to unification and integration of signage. 3. Once approved at a public hearing by planning commission, all master sign plans shall be recorded with the Jefferson County Recorder's Office and shall constitute a covenant and must be complied with by all owners, proprietors, lessees or assigns, whether current or future. No substantial variation from the plan shall be permitted without planning commission approval. Noticing requirements for a master sign plan process shall follow the procedures outlined in section 26 -109. m 2 O a) C E O U 0 O CD O n N C O 0 U a) V O v d N 4ti R t 0 W '6 ai c as N c N N a) C N N a) w .0 U 3 Q G of L V a7 lC G d N N d IL w W U) Z W J 00 H Q O n N Li a) U) CO W Z O N U) W_ H J U Q LL U J m a 0 Z a J h J LL D n. U N V Q r Q Z m W 0 M w W z N Z U) � N D a� CO Z� U) Q W Q. 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The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 7: Severability; Conflicting Ordinances Repealed If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 8: Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to on this 24th day of May, 2010, ordered it published with Public Hearing and consideration of final passage set for Monday, June 28 th , 2010 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 28th day of June, 2010. SIGNED by the Mayor on this day of 1 2010. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: _ Second Publication: Wheat Ridge Transcript: Effective Date: Page 1 of 1 Sarah Showalter From: Sarah Showalter Sent: Thursday, March 18, 2010 11:32 AM To: 'Gerald Dahl' Subject: Sign Code Amendments - proposed language Attachments: Sign Code Amendments Draft March 18 2010.doc Hi Jerry, Attached is my attempt to modify the definitions and charts within the sign code to allow for: 1. Major activity center identification signs (off -site) 2. Urban renewal unified commercial development identification signs (off -site) 3. Community event/sponsorship banners on city -owned property Three additional notes: - One item that came up after we spoke on the phone is billboards, which are also currently allowed as an off - premise sign. You can see that I added them to the list of permitted off - premise signs in the table, and referred users to the section at the end of the sign code (Sec26 -711) that pertains to billboards. I also modified the definition of billboard to clarify that they are a form of pole sign. Without this, there was no way to differentiate them from other large off - premise signs oriented toward a highway. - You will see in the table that I added two additional provisions to the identification signs based on comments from colleagues that I thought made sense. First, to restrict how far the signs can be from the actual site and second, to require consent from the owner if the proposed sign is located on private property. - For the Community Event banners: Parks would hang some themselves, but would also allow private groups holding special events in a park to hang a banner via a special event permit. This is a permit process that Parks is working on developing now, and is handled through them. We would not want to require a sign permit for these banners, so under Permit Required in the table, I have put "No." Do you think that we need to mention something about Parks' special event permit process, or just let that be handled internally since it is their process? I look forward to your comments. Thanks, Sarah Showalter, AICP, LEED AP Planner II 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303 -235 -2849 Fax: 303 - 235 -2857 www.ci.wheatridge.co.us r City of mf r �4i�'heat COM COMMUNITY DfYELC: P MrNT CONFIDENTIALITY NOTICE: This e-mail contains business - confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use ofthis communication is prohibited. If you received this communication in error, please notify us immediately by e -mail, attaching the original message„ and delete the original message from your computer, and any network to which your computer is connected. Thank you. 03/24/2010 City of `7`Theat I idge COMMUNITY DEVELOPMENT Memorandum TO: Development Review Team FROM: Sarah DATE: March 17, 2020 SUBJECT: Sign Code Amendments 1. SIGNS IN ROW The question has been raised as to the possibility of a sign code amendment to allow freestanding identification signs to be constructed in city street rights -of -way, subject to a revocable permit and very specific criteria. We will be going to study session with City Council on April 5, 2010 for policy direction. The following summarizes the proposed criteria for allowing any sign in the ROW, the proposed process for permitting and reviewing such signs, as well as information on what other jurisdictions allow for signage in the ROW. Proposed Criteria to Allow Signs in ROW • There is no viable alternative location on site (on private property) • The sign is for a property with commercial or mixed use zoning • The sign will be within right -of -way that is immediately adjacent to the property • The sign will not be on a local street or arterial • The sign will be located on a collector street • There are no immediate plans for widening the street identified in the 5 year CIP or any planning document • The sign is not for a site being completely redeveloped with new construction, in which case the proposed design should incorporate the sign on site • No underground utilities exist in the proposed location for the sign • The sign does not obstruct the sidewalk or vehicular traffic • The sign complies with sight distance triangle requirements per Section 26 -603B • The sign is not located in the landscape buffer or "amenity zone" located between the back of curb and sidewalk Potential Additional Criteria: • Prohibit pole signs? • Limit or restrict lighting of signs? Proposed Process • Apply for sign permit through Building Division, simultaneous with a ROW Use Permit Application through Public Works • Sign permit approval is conditioned upon approval of ROW permit from PW • Sign permit application referred to utilities for approval. Who coordinates this? • The duration for the ROW Use Permit is five years maximum. Applicants would have to re -apply after five years to be able to keep the sign in the ROW. NOTE: per Jerry Dahl, we need to add language to the ROW Use Permit establishing that the permit is revocable and at any time the City Council may remove the sign with no reimbursement to the owner (add this whether for signs, fences, etc) What is Allowed by Other Cities? Jurisdictions that allow signs in the ROW: - Arvada: cannot be located over utilities and there is no liability to the city for repair or replacement - Denver: cannot conflict with utilities and city may remove at any time - Englewood: subject to encroachment agreement and approval by Community Development /Public Works - Golden: cannot obstruct sidewalk or traffic - Greenwood Village: only with approval by City Council resolution Jurisdictions that do not allow signs in the ROW: - Lafayette - Lakewood - Littleton - Westminster 2. SPECIAL OFF - PREMISE SIGNS For some unique large commercial developments, we are contemplating a sign code amendment that would allow a maximum of 2 off - premise identification signs to advertise the site. This would apply to two categories: - Major activity centers over 150 acres - Urban renewal contiguous commercial developments over 7 acres These identification signs would only be allowed if: - They are part of an approved master sign plan - They meet height and size criteria: max height of 15'( ?) and area of 50 SF ( ?) - Major activity centers may have one sign that is up to 30' and 200 SF if within 300 feet of a state or interstate highway 3. SPECIAL EVENT BANNERS Parks and Rec has expressed a desire to hang banners on tennis fields and ball courts advertising leagues, including sponsorship. This is currently not allowed since our banner category in the sign code requires that banners are hung on buildings, and limits their size based on bldg square footage. The proposed amendment would create a new category for special event /sponsorship banners, which may be on city -owned property only. We are working with Parks staff to determine: - Allowable maximum area for the banners - Allowable maximum duration that the banners may be in place City of Wheat ldge PARKS AND RECREATION Memorandum TO: Ken Johnstone, Community Development Director THROUGH: Joyce Manwaring, Parks and Recreation Directa FROM: Julie Brisson, Recreation and Facilities Manager�,�,,,, y nZ DATE: February 2, 2010 ' t SUBJECT: sign code - banners in the parks The Parks and Recreation Department would be interested in taking advantage of the marketing opportunities available in our city parks by displaying Department approved banners on ball field and tennis court fences. The banners would be used primarily to advertise Parks and Recreation events, but also to help advertise Wheat Ridge Youth Sports group activities. Other City Departments may be able to take advantage of the space, (i.e. to publicize community meetings), depending on availability. As a potential revenue producing opportunity for the City, outside groups that have a special event permit and are using a city park, may be allowed to hang appropriate banners for their event. Another opportunity would be strictly paid advertising for businesses in the community. ,�ouvr z $Ekl'4 s John W. Hickenlooper Mayor CITY AND COUNTY OF DENVER DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION Development Enginecrin.- Services Public Works Plans Review Services 201 W. Colfax Avenue, Room 2.14.10, Dept. 202 Denver, CO 80202 720 -865 -2782 Fax: 720- 865 -3281 www. dcnveigov.orJpoms Land Use Permit: Type "A" Entrance Requirements Authority: Revised Municipal Code, Chapter 49, Article XIII Purpose of Permit: A Type "A" permit allows the encroachment of an item or items in the public right-of-way. Document Date: December 30 2003• Version 1.2 Permit Type: Type A and Temporary A Customer Interface:_ Most communication with the City will be done through Public Works Plans Review Services PWPRS 201 W. Colfax Ave. Dept. 202 Denver CO 80202. Permit Definition: Type A Land Use Permit - allows a property owner to install a significant item or items into public right -of -way (ROW). A significant item is one which by size or construction methods could NOT be removed easily from the right -of -way in a short period of time. Examples of significant items are vaults in the ground, balconies, pipelines under City streets, building foundations, etc. A Type "A" Permit is the "permit process" used by PWPRS on behalf of the Manager of Public Works to allow an encroachment into right -of -way by an "Ordinance" enacted through the City Council. The "Ordinance" which allows the encroachment is binding upon the land and becomes part of the title work for the property which required the encroachment. The sale of the property to another will not repeal the "Ordinance" nor void the commitment of the new owner. In cases in which the encroachment is no longer needed, the City Council passes a "new" Ordinance to revoke the original Ordinance which granted the encroachment in the first place. Permit Dates: Permits are renewed annually through the Department of Public Works, Finance and Administration by the permittee providing the associated annual fee. The initial permit commences on the date the Property Owner executes the permit. Reviewing Agencies, ➢ Asset Management Departments & ➢ Colorado Department of Transportation (COOT) (if encroachment impacts State Highways) Companies: ➢ Comcast Cable ➢ Commission for People with Disabilities (ADA) - • Community Planning and Development: Building Inspection Division • Community Planning and Development: Planning Division • Community Planning and Development: Zoning Division • Council District for encroachment location • Denver Water Department • Emergency Management • Fire Department (if involving balconies and /or pre escapes in an alley) - ➢ Metro Wastewater Reclamation District ➢ Office of Telecommunications ➢ Parks and Recreation Department ➢ Public Works: City Engineer ➢ Public Works: Development Engineering Services: Area Engineer ➢ Public Works: Development Engineering Services: City Surveyor ➢ Public Works: Development Engineering Services: Construction Engineering • Public Works: Infrastructure Engineering - • Public Works: Street Maintenance • Qwest Communications '° ➢ Regional Transportation District (RTD) ➢ Xcel Ener Page 1 of 4 \ \Wmdalbert \users \BOECKBK \DES Web Sites Info \PWPRS Web Documentation \PWPRS Entrance Requirements in Doc \Type A 123003.doc Insurance: Insurance will be a required condition for this permit. The insurance names the City and County of Denver as an Additional Insured. The insurance policy shall name the Manager of Public Works with minimum limits of coverage of $250,000/$500,000 for bodily injury and $10,000 for property damage, naming the location of the encroachment on public property for which permit is issued (or physical address). If the insurance is not maintained, the authorization herein conferred shall be terminated immediately, and the aforesaid encroachment(s) shall forthwith be removed. Considerations: ➢ A minimum of eight (8) weeks is required for completion of the process from the initial request to the Ordinance acceptance if submitted electronically; applicants should anticipate a longer review interval if not submitted electronically. Applicants should anticipate longer intervals if any objections (denials and /or conditions) are stated during the agency circulation process. Y Pursuant to Chapter 49 of the Denver Revised Municipal Code, !Section 49 -357. and /or Section 49 -463, Permittee must maintain insurance in force consistent' with the requirements' of the code for the term of this Permit. `r The encroachment area must be able to sustain HS -20 loading, the Colorado Highway Standard for weight loads. All required replacement of damaged existing right -of -way improvements will be in accordance with current City codes and standards. ➢ Permittee shall assume full responsibility for any and all damages incurred to Denver Water Department facilities due to activities authorized by the permit. The Denver Water Department, at the sole expense of the Permittee, shall make any and all replacement or repair of Denver Water Department facilities attributed to the permit. In the event Permittee's facilities are damaged or destroyed due to the Denver Water Department's repair, replacement and /or operation of its facilities, repairs will be made by the Permittee at its sole expense. ➢ This is a revocable permit and may be revoked without cause at the discretion of the Manager of Public Works.' The Permittee shall fully comply with the provisions of Article IV (Prohibition of Discrimination in Employment, Housing and Commercial Space, Public Accommodations, Educational Institutions and Health and Welfare Services) of Chapter 28 (Human Rights) of the Revised Municipal Code of the City and County of Denver. The failure or refusal to comply with any provision of this Ordinance shall be a basis for revocation of this permit. ➢ Any.associated costs for the removal, l relocation, replacement or rearrangemerit of utility company facilities shall be borne by the Permittee) Existing telephone facilities shall not be utilized, obstructed or disturbed. Costs and other permits, which are necessary for the installation and construction of items of encroachment being permitted, will be the responsibility of the Permittee. A Building Permit from Community Planning & Development may be necessary prior to commencing any work. ➢ If needed, a Street Occupancy Permit will be required prior to construction. Contact DES, Public Works Permit Operations (PWPO) at 303 - 446 -3759 for more information, or access the PWPO web site at www.denverciov.org/PWPermits ➢ A minimum of five -foot clear sidewalk width and a vertical clearance of eight - feet must be maintained in most residential areas. Most commercial areas require a minimum of eight -foot clear sidewalk width. Encroachments shall be constructed in a manner consistent with minimum pedestrian and vehicle visibility safeguards. Minimum clear walkway areas and safeguards will be as specified by Development Engineering Services. ➢ For underground facilities, according to Colorado State Law (Article 1.5, Title 9, Colorado Revised Statutes), due to the ownership and /or operation of this underground facility, it is the Permittee's responsibility to join the Statewide Notification Association of Owners and Operators of Underground Facilities. Please contact the Utility Notification Center of Colorado, 12600 W. Colfax Avenue, Suite B -310, Lakewood, CO 80215 303 - 232 -1991 for detailed information regarding membership. ➢ Drawings of the encroachment(s) may require a civil engineering review and /or structural review. Drawings must be prepared and stamped by a Professional Engineer registered in the State of Colorado. Structural drawing must show all structural details and design loads and must be prepared and stamped by a Professional Engineer licensed in the State of Colorado. ➢ The parcel legal description and exhibit should conform to the standard set b Page 2 of 4 \ \Wmdalbert \users \BOECKBK \DES Web Sites Info \PWPRS Web Documentation \PWPRS Entrance Requirements in Doc \Type A 123003.doc Page 3 of 4 \ \Wmda11bert \users \60ECKBK \DES Web Sites Info \PWPRS Web Documentation \PWPRS Entrance Requirements in Doc \Type A 123003.doc the DES Surveying Web page. Review these standards and refer any questions to DES Surveying. Cancellation: If the current or any future Property Owner desires to cancel the Ordinance and remove the encroachment, a separate letter asking for revocation must be submitted along with the current revocation fees. A site inspection will be performed to verify the encroachment(s) have been removed. A review by any applicable City of Denver agency or outside company (i.e. utility companies) may also be performed. Application: > The Property Owner and or Agent for the Owner must submit an application letter requesting a Type "A" Land Use Permit to: Public Works Plans Review Services 201 W Colfax Ave, Room 2.H.10, Dept 202 Denver CO 80202 -5329 It is preferred that all application materials be sent electronically to Denver. RowC&ci.denver.co.us The following electronic formats are supported: .doc, .tif, .jpg, .pgf. Y The Application Letter must include the following information: An itemized list of each item to be covered in the Permit. L An explanation of why the public right -of -way must be utilized to accomplish the proposed project. Y The Initial Processing Fee as detailed in the Fees section of this document. A dimensioned site plan including height, width, length of each item with ties to the building lines, the property line(s) and /or curb flow lines, including vertical clearances if appropriate. This site plan should be as detailed as possible. v The Property Owner and Agent for the property. Include name, address telephone number fax number and e -mail address. Approval Process: : PWPRS will distribute the review documents to all the necessary reviewing entities. Upon review of the documents from all reviewers, PWPRS will send to the Property Owner /Agent, a Status Report listing any objections (denials or conditions) that must be addressed: ➢ Owner /Agent is responsible to remedy any and all objections from the commenting reviewers before the request is processed further. Once all objections have been resolved, the Owner /Agent shall provide to PWPRS two (2) original sets of the Legal Descriptions prepared by a Land Surveyor licensed to practice in the State of Colorado. A set consists of the written description and an exhibit of the encroachment area. A Legal Review Fee, as detailed in the Fees section of this document, must be included with the submittal. r After the Legal Description has been reviewed and found to be correct, the Owner /Agent shall submit an Ordinance Fee, as detailed in the Fees section of this document. > The Legal Review Fee and the Ordinance Fee must be paid by the Owner/ Agent prior to submission to City Council as detailed in the Fees section of this document. PWPRS will then prepare the Request for Ordinance documents in coordination with the City Attorney's Office. These documents will be used to prepare a Council Bill and will be presented at Mayor - Council, followed by two separate readings at City Council. This portion of the process will require at least three weeks. The Friday following the second City Council reading, the City will publish the official "Ordinance" in the Denver Business Journal if passed by City Council. PWPRS will contact the Owner /Agent in writing after publication, providing a formal Acceptance Letter of the Ordinance which must be signed by the Owner and returned with the Documentation Fee, as detailed in the Fees section of this document. PWPRS will take the signed Acceptance Letter to the Clerk and Recorders Office for recording. Temporary "A" : If time is of the essence, a Temporary "A" Revocable Permit, valid for one year Revocable Permit from the date of issuance, may be requested. Before such a request will be honored the following must happen: Page 3 of 4 \ \Wmda11bert \users \60ECKBK \DES Web Sites Info \PWPRS Web Documentation \PWPRS Entrance Requirements in Doc \Type A 123003.doc Page 4 of 4 \ \Wmdalbert\users \BOECKBK \DES Web Sites Info \PWPRS Web Documentation \PWPRS Entrance Requirements in Doc \Type A 123003.doc Remove all denials and understand and abide by all conditions. Y Write a letter of application requesting a temporary permit. `r Provide the Temporary "A" Permit fee as detailed in the Fees section of this document. Fees: $ 1,500.00 Initial Processing Fee (non - refundable) $ 300.00 Legal Review Fee (non - refundable) $ 300.00 Ordinance Fee (non - refundable) $ 20.00 Documentation Fee (non - refundable) $ 200.00 2003 Annual Fee $ 600.00 Request to cancel the Ordinance once passed by City Council. $ 200.00 Temporary °A" Permit L Checks or Money Orders must be made payable to Manager of Revenue. ➢ Fees are subject to change and are available on our website, www.denvergov.org/PWPRS. Document. Location: K: \PWDES \Shared \PWPRS \WEBSITE \Type A Web 123003.doc Page 4 of 4 \ \Wmdalbert\users \BOECKBK \DES Web Sites Info \PWPRS Web Documentation \PWPRS Entrance Requirements in Doc \Type A 123003.doc L � ° 6 T � o T C m m a> c n m o as 0 y 0 _ — ° -a m y c =� a LU m C 0 y N C > . m N Cf E N p N O J N LLI _ c L a u Q U um��m= w on ° :i�vm a m UP pg � pry q a -,' �`y4' '� `�F%;n ='/;,,'.' t, �;/ �o ...,, ,�aF „�°°r �. ou' ✓�,,:.,.�,r� .�� ✓.,.a ,. � `� o c�M (� ;.z,6r�,..�; ✓�.. .7.�x r °� � � /:fir, r,: �`t � °” _ � , .W . �4: q p� Tp M M r� M in a l ' �Xvf v m come �t� 7 Woke ° a r _ p m m a t � �' r'�'✓ �� � �� �, � � � `' �� r w � � o ? 6P "�iPr✓r,�„ '�� ' " ro d / ; ✓% -: F' p�ra a a ��� � � _ . � U r! z , w ELL ro p . co v v v v :y °� a y8zy #i r40 00r City of Wheat Ridge Commercial Sign PERMIT - 081051 PERMIT NO: 081051 ISSUED: 09/10/2008 -JOB ADDRESS: 4295 HARLAN ST EXPIRES: 03/09/2009 '. DESCRIPTION: A frame sign 2'x3' * ** CONTACTS * ** owner 303/422 -7546 Gyorgyike Hamuas ** PARCEL INFO ** ZONE CODE: UA USE: UA .r SUBDIVISION: 0390 FLOCK /LOT #: 0/ ** FEE SUMMARY ** ESTIMATED PROJECT VALUATION: 25.00 FEES Permit Fee 30.55 Plan Review Fee 19,86 Total Valuation .00 Use Tax .45 ** TOTAL ** 50.86 Comments: Conditions: Must be set back at least 2' from right of way I hereby certify that the setback distances proposed by this permit application are accurate, and do not violate applicable ordinances, rules or regulations of the City of Wheat Ridge or covenants, easements or restrictions of record; that all ... measurements 'shown, and allegations made are accurate; that I have read and agree to abide by all conditions printed on this application and that I assume full responsibility for compliance with the Wheat Ridge Building Code (I.S.C) and all other a(J' i I WW�h / ea Rid Ordinances, for work under this permit. Plans subject to field inspection. P \�� 4 Signa OF cons c or /owner date 1. This permit was issued in accordance with the provisions set forth in your application and is subject to the laws of the State of Colorado and to the Zoning Regulations and Building Codes of Wheat Ridge, Colorado or any other applicable ordinances of the City. - 2. This permit shall expire 180 days from the issue date. Requests for an extension most be received prior to expiration date. An extension may be granted at the discretion of the Building official. 3. If this permit expires, a new permit may be acquired for a fee of one -half the amount normally required, provided no changes have been or will be made in the original plans and specifications and any suspension or abandonment has not exceeded one (1) year. If changes have been or if suspension or abandonment exceeds one (1) year, full fees shall be paid for a new permit. 4. No work of any manner shall be done that will change the natural flow of water causing a drainage problem. 5. contractor shall notify the Building Inspector twenty -four (24) hours in advance for all inspections and shall receive written approval on inspection card before proceeding with successive phases of the job. 6. The issuance of a permit or the approval of drawings and specifications shall not be construed to be a permit for, nor - an approval of, any violation of the provisions of the building codes or any other ordinance, law, rule or regulation. . All plan review is subject to field inspections. .' Signature of Chief B J Official date ' - �.INSPSCTION IISST LINEi (303)234 -5933 BUILDING OFFICE: (303)235 -2855 REQUESTS MUST BE MADE BY .3 PM ANY BUSINESS DAY FOR INSPECTION THE FOLLOWING BUSINESS DAY. C�o� r���� `�� r.�,k, ►_� n� sue. coa 4agx. Cato boo 303-- k.22.- Sf2lnrysw) A ` vaw,. _ �21 tlou- wobo -wo� w a9kw0-� I- Aoxlo -lj� N - � -tk.t- nOVik sib f 1 d ME DEPARTMENT OF PLANNING AND DEVELOPMENT BUILDING INSPECTION DIVISION - 235 -2855 CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215 Property Owner: Property Address Contractor License No. Company: ROACH WILLIAM W 4335 HARLAN ST 1 Building Permit Number: 9 - Date: 1/24/95 Phone: 940 -3881 Phone : OWNERICONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT I hereby certify that the setback distances proposed by this permit applicahon are accurate, and do not violate applicable ordinances, rules or regulations of the City of Wheat Ridge or covenants, easements or restrictions of record; that all measurements shown, and allegations made are accurate; that I have read and agree to abide by all conditions printed on this application, and that I assume full response for compliance with the Wheat Ridge Building Code (U.B.C.) and all other applicable Wheat Ridge ordinances, for work under this permit. (OWNER)(CONTRACTOR) SIGNED DATE Construction Value: $500.00 Permit Fee: $15.00 Plan Review Fee $0.00 Use Tax: $7.50 Total: $22.50 Description : 1 2'X 4' FRAMED PAINTED SIGN MOUNTED ABOVE EXISTING SIGN BUILDING DEPARTMENT USE ONLY Approval: GM 011241 Zoning: RC Approval: Approval: Occupancy. Walls TO ADD TO EXISTING SIGN, THE EXISTING SIGN MUST MEET ALL REQUIREMENTS OF SEC. 26 -410 (e) eT14i6 rs ,vo 2G Roof: Stories: Residential Units: Electrical License No: Plumbing License No: Mechanical License No: Company: Company: Company: Expiration Date: Expiration Date : Expiration Date Approval: Approval : Approval (1) This permit was Issued in accordance with the provisions set forth in yopur application and is subl'ect to the laws of the State of Colorado and to the Zoning Regulations and Building Code of Wheat Ridge, Colorado o any other applicable ordinances of the city. (2) Tis perit sfor hall &*m if (A) the work authorized is not commenced within sixty (60) days from issue data or (B) the building authorized is suspended or abandoned period of 120 days. (a ) this permit expires, a new permit may be acquired for a fee of one -hag the amount nomlally required. provided rip charges have been or will be made in the original plans and specifications and any suspenelon o abandonment has not exceeded one (1) year. If changes are made or if suspension o abandonment exceeds one (1) year, full fees shall be pald far a new permit. (4 No work of any manna shall be done that will change the natural flow of water causing a drainage problem. (5) Contractor shall notify the Buiti ing In twenty-four (24) hours in advance for all inspections and shall receive written approval on inspection card before (8) The Is proceediing with successive pphas of Me lob. suance of a permit o Vie w approval of drawings and spaJficaaons shall not be construed to be a permitfor, nor an approval of, any violacon of the provisions of the building codes or any other ordinance, law, rule or regulation. if Building Inspector THIS PERMIT VALID ONLY WHEN SIGNED BY THE CHIEF BUILDING INSPECTOR CALL: 234 - 5933 24 HOURS PRIOR TO INSPECTION ceeJ L14 T/-/ CTS z t_rt a •, y 1 W �T I �i I sr Z DEPARTMENT OF PLANNING AND DEVELOPMENT Building Permit Number: 8740 BUILDING INSPECTION LINE - 303 - 234 -5933 CITY OF WHEAT RIDGE Date : 4/6/99 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215 - (303- 235 -2855) Property Owner: Property Address: 4325 HARLAN ST Phone: 422 -6300 Contractor License No.: 19918 Company: Fastsigns Phone: 422 -7440 OWNEWCONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT I hereby Certify that the setback distances proposed by this permit application are accurate, and do not violate applicable ordinances, rules or regulations of the City of Wheat Ridge or covenants, easements or restrictions of record; that all measurements shown, and allegations made are accurate; that I have read and agree to abide by all conditions printed on this application, and that I assume full responslbillty for corn pliance with the Wheat Ridge Building Code (U.B.C.) and all other applicable Wheat Ridge ordinances, for work under this permit. (OWNER)(CONTRACTOR) SIGNED DATE Construction Value : $944.00 Permit Fee: $38.75 Plan Review Fee: $0.00 Use Tax: $14.16 Total: $52.91 Use: Description : Install sign for Molly Maid 20.17 sq ft BUILDING DEPARTMENT USE ONLY Approval: MLC Zoning: R -C Approval: DM ammmosEffffam Approval: Occupancy: Walls SIC: Sq. Ft.: 20 Per Sect. 26- 410(e)(4): All freestanding signs must be placed in landscaped areas and setback 10' from front property line. Okay per comments Roof Electrical License No: Company: Plumbing License No: Company: Stories: Residential Units: Mechanical License No: Company : Expiration Date: Expiration Date: Expiration Date: Approval : Approval : Approval: (1) This permit was issued In accordance with the provisions set forth in yopur application and Is sulbe l to the laws of the State of Colorado and to the Zoning Regulations and Building Code of wheat Ridge, Colorado or any other applicable ordinances of the City. (2) ab s all p 01120 day autho zed Is not commenced within sixty (90) days from issue date or (B) the building aulhofized is suspended or (3) If this permit it expires, specifications a new permit may be acquired for a fee of one-half the amount normally required, provided no changes have been or will be made in the p and any suspension or abandonment has not exceeded one (1) year. If changes am made or if suspension a abandonment exceeds one (1) year, full fees shall be paid fora new permit 4 No work ofany manner shall be done that will change the natural flow of water causing a drainage problem. 5 Contractor shall notify the Building Inspector twenty- four(24) hours In advance for all inspections and shall receive written approval on inspection card before oroceedling with mccesslve phasaa Of thajob. (a) The issuance of a permit or a approval of drawings and specifications shall not be censored to be a permit for, noran approval of, any violation of the provisions of the buildiq codes or any other ordinance, law, rule or regulation. inspector co 0 R C70 ba 8 LL ti� `% 3 s v l- Ts s p q flag a` a 3 1A LO �9 "00 V `^ i V ' P 4 ` V a �9 -r.1 J ` V a �9 W U� s .b M X14 -J �b I Ma i ;h W A4er L I fve tS FH 5 ? Z n m'r - rmE R . Page I of 5 Meredith Reckert From: Kenneth Johnstone Sent: Wednesday, December 23, 2009 10:45 AM To: Patrick Goff; Randy Young Cc: Tim Paranto; Meredith Reckert Subject: RE: New business in Wheat Ridge - ROW Sign Location I have a call in to the architect to get a better sense on timing. Ken Johnstone, AICP Community Development Director Wheat Ridge, Colorado 80033 Office Phone: 303 - 235 -2844 (. qtV 43t �..Oh9hitT.161'1 tJ Pbti lA�,y9 k'':r From: Patrick Goff Sent: Wednesday, December 23, 2009 10:16 AM To: Kenneth Johnstone; Randy Young Cc: Tim Paranto; Meredith Reckert Subject: RE: New business in Wheat Ridge - ROW Sign Location Ken, I think the corridor approach is a sensible solution. We can certainly take this to the January 4th Study Session if you can be ready by then. Does the application from Lakeside Animal Hospital require this quick of a turn around or could it wait until February 1st? We are holding are legislative forum with Moe and Sue on February 1st but we could add this to the agenda. Thanks Patrick Goff Deputy City Manager Office Phone: 303 - 235 -2805 � 9tM 5Fl M4 Nhe I xcl nxi,E 9.'3 0 49 k1 CONFIDENTIALITY NOTICE: This e -mail contains business - confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e -mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. From: Kenneth Johnstone Sent: Tuesday, December 22, 2009 3:46 PM To: Randy Young; Patrick Goff Cc: Tim Paranto; Meredith Reckert 12/29/2009 Page 2 of 5 Subject: New business in Wheat Ridge - ROW Sign Location This e -mail follows up on the inquiry that was made last week regarding locating a sign in the public right of way of Harlan Street, for the proposed Lakeside Animal Hospital (under construction). This is a preliminary analysis of the circumstances and a potential code amendment and how that might be packaged for further consideration. Please let me know if you have comments, questions or additions. Current Code: • 26- 707.B.1. All signs allowed by this article, except billboards, public signs and semipublic signs shall be located on the lot which they advertise. • 26- 707.C.2. No sign is allowed in the public right of way, with the exception of signs on bus benches and shelters pursuant to article IV of chapter 21, and public, semi - public, traffic, regulatory and projecting signs as outlined in section 26 -710. • 26- 708.C. Freestanding Signs. Based on floor area of building, allowed size ranges from 35 SF to 190 SF. • 26- 710.Chart 2. • Freestanding Signs: 1 per street frontage, up to 2 total. • Located in landscaped areas. • Setback minimums vary from 5 feet to 30 feet based on the height of the sign. Applic Proposal / Exis Conditions: • They will have a wall- mounted sign on the building, which is setback some distance from the street. • They are requesting a sign to be located in the ROW, outside of existing public street and sidewalk improvements. • They have provided infonnation outlining why they do not believe a sign on their property would be viable. • Hidden by existing landscaping and off - street parking spaces. • Other options would take away parking spaces or impact circulation. • In reviewing other signs in the area, particularly on the west side of Harlan, most properties have freestanding signs in proximity to the street. The signs generally 'line up" in terns of their distance from the back of curb along Harlan. It varies whether the signs are located on private property or in the public right of way, primarily because the width of the right of way varies greatly. Some of the signs have been permitted, some have not received pen • The subject site is in a portion of Harlan where the ROW is particularly wide. Policy Review: • No additional street improvements are currently planned, but Harlan is a collector street and at times additional transit service (streetcar) has been suggested. The likelihood of that is limited and long term. • The code requirement not allowing signs in the right of way is important. Without that standard, many (most) property owners along our commercial corridors would have an interest in locating their signs in the ROW to maximize the sign's visibility. • Along many of our commercial corridors, we have what on some properties may appear to be "excess ROW ", but where there is a more definitive plan to widen the roadway in the future. • Staff does not support a broad approach of opening the door for private business signs being 12/29/2009 Page 3 of 5 located in the public street ROW. • However, along Harlan, there appears to be a fairly consistent setback for freestanding signs, which places several of them either in the ROW or out of compliance with required setbacks. Potential Code Amendment: • Amend sign code to allow additional signs in the public right of way in limited circumstances. • Criteria / issues to be addressed. • Clarify that signs would be allowed in the ROW subject to an additional public or administrative approval process (TBD) • Technically you could create a BOA variance eligibility for these signs, but given the policy and technical issues involved in using a PUBLIC ROW, I would not suggest that the BOA is the appropriate review body. • Would we allow case by case applications or should we require that a corridor be designated for eligibility based on a determination of Council that Unique conditions exist. I would suggest that we would want to take a corridor approach to avoid having to deal with individual applications that lack merit. • Only allow these signs when they are adjacent to a private property line that is considered an eligible frontage for a freestanding sign and clarify that these ROW signs are not considered off - premises signs (as those are not allowed and should not be allowed, with the exception of Billboards). • Currently have administrative ability to approve revocable license agreements to use the right of way for other private improvements, subject to certain requirements (lhnited term, ability for the City to remove, insurance indemnification, etc.) • We would need to take this to City Council for study session direction to get a general sense of their interest If interested, we could package the above information to get to an upcoming study session. January 4 would be a possibility, thought a tight timefrarne, but the January 18 study session will be canceled. Ken Johnstone, AICP Community Development Director Wheat Ridge, Colorado 80033 Office Phone: 303 -235 -2844 01v of tsaaa�sE��.tir L'tP�alin'ati9a From: Randy Young Sent: Friday, December 18, 2009 4:43 PM To: Jerry DiTullio; Kenneth Johnstone Cc: Davis Reinhart; Jerry Dahl; Jerry DiTullio; Joey DeMott; Joyce Jay; 'Karen Adams'; 'Karen Berry'; 'Mike Stites'; 'Tracy Langworthy'; Wanda Sang Subject: RE: New business in Wheat Ridge Jerry, We are having on going conversations with Mr. Ewers and are continuing to explore options to facilitate his client's desire for ROW signage. 12/29/2009 Page 4 of 5 Bundy Young City Manager City of Wheat Ridge 303 - 235 -2804 YY i'7.C��. 3.C743L. CONFIDENTIALITY NOTICE: This e-mail contains business - confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e -mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. From: Jerry DiTullio [ mailto :jerryditullio @comcast.net] Sent: Friday, December 18, 2009 3:16 PM To: 'Peter Ewers'; Randy Young; Kenneth Johnstone Cc: 'David Bush'; davidbbush @comcast.net; Davis Reinhart; Janice Smothers; Jerry Dahl; Jerry DiTullio; Joey DeMott; Joyce Jay; 'Karen Adams'; 'Karen Berry'; 'Mike Stites'; 'Tracy Langworthy'; Wanda Sang Subject: RE: New business in Wheat Ridge Randy /Ken, Please see below... Comments for Peter? Thanks Mayor Jerry DiTullio Wheat Ridge City Hall 7500 W. 29th Ave. Wheat Ridge, Colorado 80033 Office: 303.235.2800 Cell: 720.253.6785 www.ci.wheatrid Never confuse motion with action - Benjamin Franklin CAN of h6at Ld 01 FiCE OF THE M, CONFIDENTIALITY NOTICE: This e -mail contains business - confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e -mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. From: Peter Ewers [mailto :peter @ewersarchitecture.com] Sent: Friday, December 18, 2009 3:05 PM To: jerryditullio @comcast.net Cc: David Bush; davidbbush @comcast.net Subject: New business in Wheat Ridge Mayor Ditullio: 12/29/2009 Page 5 of 5 I am an architect in Golden, and I am working with wonderful clients to create their business on Harlan Street in Wheat Ridge. The project is now under construction, and it will be a new veterinary hospital. I am writing you to ask for your help and direction. My clients were planning on placing a sign along the street in front of their business. However, there is no room on the property, so they have requested placing the sign in the right of way. There are many reasons that we feel this should be allowed, and why this is best for everyone. However, the city officials have told us this is not possible. So my question to you is whether my clients could appeal this decision to City Council. Would it be possible to have a few minutes of Council's time to hear the facts on this issue? Do we need to officially get on the council docket, or is there a time at the beginning of each meeting for the public to speak about issues like this? I appreciate any response or direction that you can provide. Thank you, Peter Peter J. Ewers, AIA, LEED AP Ewers At pc 1.420 Washington AVenUe. Golden, Colorado 80401 phone 303.2720977 fax 303,271.0997 email peter @elwersardiitectare.com website www.ewersarchitecture.com NA stands for Ameri _an institute of Architects LEEt2 -e„dc-rsn;p in nr Design Accr,dltad'rcresaionai 12/29/2009 Pagel of 2 Meredith Reckert From: Peter Ewers [peter @ewersarchitecture.com] Sent: Thursday, December 17, 2009 7:13 AM To: Meredith Reckert Cc: David Bush; davidbbush @comcast.net Subject: Lakeside Animal Hospital Follow Up Flag: Follow up Flag Status: Red Attachments: 1359 -CD5 RTU Screening.pdf; DSC04469.jpg Meredith: There are two outstanding issues with our Lakeside Animal Hospital project at 4243 Harlan Street: 1. Rooftop mechanical unit screening. Attached are a couple of views of the project per your request. These views use the actual size of the RTUs that will be installed, and the best capability of our computer software, to simulate what will be seen from various locations. These images show that the RTU's will not be visible from Harlan Street, but they will be visible from the residence to the rear (west) of this property. Since a tall parapet wall to hide the RTUs would be more obtrusive than the RTUs themselves, we would like to propose planting three new trees along the fenceline between the properties. These trees will be much more attractive, benefit the environment, and provide a nice and appropriate level of screening. 2. Signage along Harlan Street. We are proposing a new pedestal sign in the right of way between the property line and the sidewalk. We have looked at the property and the proposed site plan, and this is really the only place that a new sign makes any sense or has any benefit. Some thoughts on this that may help you understand why this is necessary: a. A tall pole- mounted sign could be placed along the south property line, but because of the extensive foliage on the neighbor's property this sign would have to be very tall, and I believe this would not be as attractive or desirable to the City. I assume this would also require a variance to place it within 5 feet of the south property line. b. The two properties to the north both have signs in this same location that we are proposing (right up against the sidewalk). These owners must either have their property extending all the way to the sidewalk (unlikely), or they simply did not ask permission to place their signage there (probably). See the attached JPG file which is a photo I took months ago — looking north along Harlan standing on the southern neighbor's sidewalk (the two neighbors signs are visible in the distance). c. We are already using the ROW for parking, so if Harlan is ever widened, there will be a big change to this area anyway, and moving the sign at that time would not be a large additional burden. d. We are planting and maintaining landscape in this ROW, so we should be allowed to use the area for other uses as well (such as signage). e. Running a 120 -volt electrical line to the sign in the ROW should not be any additional concern —we are already running water sprinkler lines in that area, and there are always many electrical and other utility lines run in ROWS. Please consider all of this information and contact me if you have any questions. I am also available for a meeting if you wish. I would also appreciate if you could forward the signage information to Tim Paranto in Public Works. Thank you for your time and consideration of these issues, Peter 12/29/2009 J a 3 W D a �W W ° WoE 0 O �Z o o_ � Q J ~° a � ° = o� W ° 3 � G C 3 M IN �3 9 O � � w3 > 2 o o 116 oa W F a°° Q mo v a s�� ds J a a O J a Z IN W N W a1 a It H ic O m z W Z a L Yi 2 O It 3 W LU Qo O U O N O � c � °v nor w o o� W ° s c� v NIM �s a z �T�`JTT a Z n o� v ? O y o� M a oom N W W H 3 W Z H J Q H a N J IN M Z Q W W Y a J 0 cc H ic O m Z cc W C �. G O cc 3 W F O Ul Qo o� o� r� ov � o� Wo" � nn� m u �3 z Z P RFL� oM aF° F M �s 4 v „s °S 1 � 1 -- - -- --- \ \ — PROPERTY LINE - 140.00' S89d55'52 "W -- --- — I �I PROPERTY LINE - 140.00' S89d55'52 "W ROOFTOP UNITS yr is a • � q W W w F_ N Z a J fY a PROPOSED SIGN LOCATION. J a pis a ° O 0 0 n d Q w w o o_ Z W J Y z w3 o J Iw Q LJ LM V - O �H o ba l a w a o • � q W W w F_ N Z a J fY a PROPOSED SIGN LOCATION. J a pis a ° o ° is ° 0 0 v d Q U° w o o_ o W v I w 3 z w3 o LJ LM V - O �H a °M ba h/I a Hh City of r e WheatP- LAND USE APPLICATION FORM Comwm , DwELopwNT Case No. 20A7001 Date Received . 3/30/20101 Related Cases Case Planner Showalter Case Description Sign Code Amendment slppdcaiNln/n�afwa Name f6ty of Wheat Ridge Name F— Phone Address F City F Stater Zip F Osrrx 1fiA7FAwhma Name F Name F Phone Address F City F State r Zip r CovHacflnhvmafiva Name F— Name F— Phone Address F City F State r'• Zip J'rajecf Jrflornvalrvn Address F— Street '.; City F State CO Zip I J Location Description Citywide Project Name Parcel No. Qtr Section: F Distrct No JJC3'JL' " Pre -App Date Neighborhood Meeting Date 1 App No: F Review Type Review Body Reviewate Disposition 'Comments Report A Study Session CC 012010 '� r l - F -- J Dislrosifio� Case Disposition I Disposition Date Conditions of Approval Notes Res # F Did # F Status 10