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HomeMy WebLinkAbout05/03/2007 ORIGINAL CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting May 3, 2007 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Planning Commission was called to order by Vice Chair CHIL VERS at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Commission Members Present: Jim Chilvers Dick Matthews John McMillin Davis Reinhart Cassie Spaniel Commission Members Absent: Arme Brinkman Jerry Scezney Kim Stewart Staff Members Present: Alan White, Community Development Director Gerald Dahl, City Attorney Arm Lazzeri, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA It was moved by Commissioner McMILLIN and seconded by Commissioner MATTHEWS to approve the order of the agenda. The motion carried 5-0 with Commissioners BRINKMAN, SCEZNEY and STEWART absent. 5. APPROVAL OF MINUTES - April 19, 2007 It was moved by Commissioner MATTHEWS and seconded by Commissioner REINHART to approve the minutes of April 19, 2007 as presented. The motion carried 5-0 with Commissioners BRINKMAN, SCEZNEY and STEWART absent. Planning Commission Minutes May 3, 2007 -1- 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to address the Commission at this time. 7. PUBLIC HEARING A. Case No. ZOA-06-05: An ordinance amending Chapter 26 ofthe Wheat Ridge Code of Laws to provide for the zoning of social clubs. This case was presented by Alan White. He entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. He reviewed the staff report and digital presentation. The proposed amendments define social clubs, list social clubs separately in the use chart for commercial and industrial uses, and allow social clubs as permitted uses in the C-l, C-2 and I zone districts. They would also be allowed in PCDs and Pills unless specifically prohibited or not listed. A companion ordinance amends Chapter 11 and requires owners of such establishments to obtain a social club license. The companion ordinance does not require Planning Commission review. Vice Chair CHIL VERS asked if members ofthe public wished to address this ordinance. Hearing no response, the public comment portion ofthe hearing was closed. Commissioner McMILLIN commented that the ordinance allows social clubs to participate in the local market and provides controls if problems arise. It was moved by Commissioner MATTHEWS and seconded by Commissioner REINHART to recommend approval ofthe proposed ordinance amending Chapter 26 to provide for the zoning of social clubs. The motion carried 5-0 with Commissioners BRINKMAN, SCEZNEY and STEW ART absent. B. Case No. ZOA-07-01: An ordinance amending Article VII of Chapter 26 concerning the regulation of billboards. This case was presented by Alan White. He entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. He reviewed the staff report and digital presentation. Current regulations do not contain provisions to provide guidance for permitting of billboards. The proposed ordinance vests the current 16 billboard locations with the underlying property. The ordinance also repeals the B-1 District since it is no longer needed. Three alternatives have been examined to deal with the lack of specifics in the Code: (I) codify the procedures and policies used in two instances in the past three years where ground leases were expired; (2) vest the right to a billboard with the current Planning Commission Minutes May 3, 2007 - 2- permit holder; or (3) vest the right to a billboard with the landowner where billboards are currently located. In response to a question from Commissioner McMILLIN, Mr. Dahl addressed mobile billboards. He stated that, first of all, it would be necessary to determine if the city has the quantity of mobile billboards necessary to develop regulations. Secondly, a case would have to be made that there is some kind of public safety concern involved as opposed to advertisement on the side of a vehicle such as a moving van. This is something that can always be addressed at a later date if it becomes a problem. Commissioner McMILLIN stated that he would not pursue the matter further but mentioned it because of personal concern that they could add to traffic congestion in the city. Commissioner MATTHEWS commented that he would have more concern with mobile billboards parked on private property than those occurring on highways. In response to a question from Commissioner McMILLIN, Mr. White stated that there are regulations prohibiting banners or attached signs to parked vehicles. Vice Chair CHIL VERS asked ifthere were members of the public who wished to speak at this time. Dan Scherer 6115 Rogers Ct., Arvada 80403 Mr. Scherer is general manager for CBS Outdoor for metropolitan Denver. He stated that he was not aware of any municipalities that have ordinances against mobile billboards and stated that CBS is not in the mobile billboard business. Mr. Scherer stated that CBS Outdoor is in 42 metro markets across the country and there is no case where the property owner controls the billboard rights. A billboard comes up for a new location only every 10-15 years. The 16 billboards in the city provide a windfall for 15 property owners who are reimbursed to have a billboard placed on their property. The ordinance would preclude any property owner who does not have a billboard to ever have one on his property. He stated that CBS owns the property next to Medved which has two billboards on the property. He asked if these would be grandfathered if the ordinance takes effect. He asked that no changes be made to the billboard process. He stated that billboards drive commerce into the city and expressed concern that the ordinance would lead to elimination of all billboards. Commissioner McMILLIN asked Mr. Scherer ifhe was aware of any cities that have banned billboards. Mr. Scherer replied that Douglas County and Greenwood Village have restrictions against billboards. Denver does not allow any additional billboards. Planning Commission Minutes May 3,2007 - 3 - Commissioner MATTHEWS asked if the lot with two billboards would be grandfathered if the ordinance is passed. Mr. Dahl stated that he would look into this further and commented that the intent of the ordinance is not to eliminate or reduce the number of billboards but rather to permit the present locations. Vice Chair CHIL VERS asked if other members of the public wished to address this ordinance. Hearing no response, the public comment portion of the hearing was closed. It was moved by Commissioner McMILLIN and seconded by Commissioner MATTHEWS to recommend approval of the proposed ordinance amending Article VII of Chapter 26 concerning the regulation of billboards. Commissioner REINHART commented that he was not convinced of any clear public purpose in choosing one ofthe three courses of action suggested in the staff report. Billboards do provide a windfall for specific property owners. He did not believe staff would be overwhehned in administration of the ordinance. Commissioner McMILLIN commented that billboards will probably be reduced over the years and replaced as those properties are developed for other uses. He did not believe billboards advertising businesses outside the city are of any economic importance to Wheat Ridge. The ordinance would tend to preserve the status quo regarding the number of billboards in the city. Commissioner REINHART stated that he believed that grandfathering would be in the public interest. Commissioner MATTHEWS commented that the revised process would help insulate the city from lawsuits. Commissioner McMILLIN summarized Commission's findings that the ordinance will be clear and fair and will prevent lawsuits such as happened in the previous process. The motion carried 5-0 with Commissioners BRINKMAN, SCEZNEY and STEW ART absent. 8. OTHER ITEMS . Alan distributed copies of a memo inviting Planning Commission members to attend a City Council study session on June 18th. The subject will be an update on the draft plan for the Fruitdale Subarea. Planning Commission Minutes May 3,2007 -4- . Commissioner REINHART asked about the status ofthe Wadsworth Corridor Study. Mr. White stated that staff is in a process of finalizing negotiations with the consultant to help with the additional work on the study. Council has directed that this process be finished by October and it should be done well in advance of that date. 9. ADJOURNMENT It was moved by Commissioner McMILLIN and seconded by Commissioner REINHART to adjourn the meeting at 8:06 p.m. The motion passed """Imom~ ! ( W% ! ~ Chilvers, Vice ChaIr Planning Cormnission Minutes May 3,2007 - 5 -