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HomeMy WebLinkAbout01/20/2005 CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting January 20, 2005 ORIGINAL 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Planning Commission was called to order by Chair Plummer at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th A venue, Wheat Ridge, Colorado. 2. ROLL CALL Commission Members Present: Jim Chilvers John McMillin Phil Plummer Jerry Scezney Scott Wesley Commission Members Absent: Kevin Witt Kim Stewart Staff Members Present: Alan White, Community Development Director Meredith Reckert, Senior Planner Ann Lazzeri, Recording Secretary Marian McNamee has resigned from the Planning Commission. 3. PLEDGE OF ALLEGIANCE Following is the official set of Planning Commission minutes for the public hearing of January 20, 2005. A set of these minutes is retained both in the office of the City Clerk and in the Community Development Department of the City of Wheat Ridge. 4. APPROVE ORDER OF AGENDA It was moved by Commissioner McMILLIN and seconded by Commissioner SCEZNEY to approve the agenda as presented. The motion passed 5-0 with Commissioners STEW ART and WITT absent. 5. APPROVE MINUTES - December 16, 2004 It was moved by Commissioner McMILLIN and seconded by Commissioner SCEZNEY to approve the minutes of December 16, 2004. The motion passed 5-0 with Commissioners STEWART and WITT absent. Planning Commission January 20, 2005 Page 1 6. PUBLIC FORUM There were none present who wished to address the Commission during this portion of the meeting. 7. PUBLIC HEARING A. Case No. ZOA-04-04: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to outdoor lighting standards. This ordinance was reviewed at the last regular Planning Commission meeting and was continued for further clarification of the changes. Those changes are included in the revised ordinance. The case was presented by Alan White. He advised the Commission there was jurisdiction to hear the case and then reviewed the staff report. Commissioner McMILLIN questioned the light measurements of 22 foot-candles in the Applewood Shopping Center. He expressed concern that this shopping center is very dark and the ordinance, which requires 10 foot-candles for parking lots, would reduce the measured foot candles by half. He suggested taking an average of measurements from the brightest spot and the darkest spot. Commissioner SCEZNEY commented that the most important factor to consider is how lighting affects adjacent properties. Commissioner McMILLIN expressed appreciation to staff for their hard work on this ordinance. Chair PLUMMER asked to hear from members of the public. Lola Wilcox 4471 West 27th Avenue Ms. Wilcox is a member of the Lighting Committee. She felt that taking two measurements for an average is problematic. The committee recommended foot candles that seemed most reasonable. Commissioner McMILLIN stated that averaging would not apply to light spillover to adjacent properties, but would address situations with uneven lighting. Gretchen Cerveny 3425 Moore Street Ms. Cerveny, Mayor of Wheat Ridge, expressed appreciation to the Lighting Committee and the Planning Commission for addressing the lighting issue. She commented that lighting complaints usually deal with light spillover. She expressed concern that parking areas have adequate lighting for safety reasons. She also expressed concern that the ordinance could make Planning Commission January 20, 2005 Page 2 the recently installed city lighting, such as along 38th Avenue, illegal and cause a financial burden to the city for lighting replacement. Commissioner McMILLIN commented that the ordinance won't require replacement of the lights, but any new lighting would have to conform to the ordinance. Mayor Cerveny stated that she would like to see any new lighting look the same as that already installed. Chair PLUMMER commented that shields could be placed on existing lights without a great deal of expense. New lighting could look the same and still conform to the new lighting standards. There was discussion about giving direction to staff to research and report on options for retrofitting existing street and pedestrian lights It was moved by Commissioner McMILLIN and seconded by Commissioner WESLEY that the ordinance be amended under Section E, 1 "Parking Lots" to read: Maximum foot-candles shall not exceed ten (10) foot-candles for parking lots measured as an average of readings taken directly under a main lighting standard and directly between two lighting standards in the interior of the parking lot. The motion passed 3-2 with Commissioners CHIL VERS and SCEZNEY voting no and Commissioners STEWART and WITT absent. It was moved by Commissioner McMILLIN and seconded by Commissioner WESLEY that Case No. ZOA-03-18, proposed amendments to Chapter 26 of the Wheat Ridge Code of Laws regarding the sign code, be approved with the amendment to Section E, 1. The motion passed 5-0 with Commissioners STEWART and WITT absent. B. Case No. ZOA-03-18: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to signage. This case was presented by Meredith Reckert. There was jurisdiction to hear the case and Ms. Reckert reviewed the staff report. Time limits on the display of political signs and number of signs allowed per candidate or issue were discussed and whether or not time limits would infringe upon freedom of speech. Commissioner WESLEY suggested that the city attorney research case law regarding such limitations and their relation to freedom of speech. Amortization for nonconforming signs was discussed. Commissioner CHIL VERS commented that it is important to reach a long-term solution to nonconforming signs in the city. Commissioner WESLEY suggested defining political campaign signs which would be different than political signs. Chair PLUMMER asked to hear from members of the public. Planning Commission January 20, 2005 Page 3 Gretchen Cerveny 3425 Moore Street Mayor Cerveny asked for more clarification regarding flags, pennants and streamers. She asked if flags on light poles along 38th, balloons such as those on dealership automobiles, and streamers such as on Casey's R V were allowed under the proposed ordinance. Ms. Reckert explained that the 38th A venue business district and holiday flags are permitted under the flags for non-profit organizations or holiday decorations categories of the regulations. The streamers similar to those at Casey's RV are allowed up to 30 days per year. The balloon regulations apply to large advertising balloons and not small balloons such as those attached to automobiles at dealerships. It was moved by Commissioner McMILLIN and seconded by Commissioner CHIL VERS that Case No. ZOA-03-18, proposed amendments to Chapter 26 of the Wheat Ridge Code of Laws regarding sign code, be forwarded to City Council with a recommendation of approval for the following reasons: 1. The changes will improve readability and understanding of the sign code. 2. The changes deal more effectively with negative effects of exterior lighting on adjacent properties. With the following conditions: 1. Accept Option B amortizing nonconformities over a five-year deadline and eliminating section (B) of Option B pertaining to discontinued businesses. 2. The city attorney will research case law regarding time limitations for political campaign signs as they relate to free speech. 3. The category for "Pennants, streamers, and similar devises" be expanded as discussed. The motion passed 5-0 with Commissioners STEWART and WITT absent. 8. OLD BUSINESS There was no old business to come before the Commission. 9. NEW BUSINESS There was no new business to come before the Commission. 10. COMMISSION REPORTS There were no commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee and department reports. Planning Commission January 20, 2005 Page 4 12. ADJOURNMENT It was moved by Commissioner McMILLIN and seconded by Commissioner CHIL VERS to adjourn the meeting at 9:05 p.m. The motion passed unanimously. a~ ~~~h~ Ann Lazzeri, Recording cretary Planning Commission January 20, 2005 Page 5