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HomeMy WebLinkAboutZOA-16-05CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DAVIS Council Bill No. 23 Ordinance No. 1610 Series 2016 TITLE: AN ORDINANCE AMENDING SECTION 26-711 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING BILLBOARDS, TO ESTABLISH A BILLBOARD VACANCY PROCESS WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality operating under a charter adopted pursuant to Article XX of the Colorado Constitution and vested with the authority by that article and the Colorado Revised Statutes to adopt ordinances for the regulation of land use and planning; and WHEREAS, pursuant to this authority, the Wheat Ridge City Council ("Council") previously adopted local land use regulations, codified as Chapter 26 of the Wheat Ridge Code of Laws ("Code"): and WHEREAS, Code Section 26-711 regulates the location and features of billboards within the City: and WHEREAS, said Section 26-711 imposes a limitation on the maximum number of billboards that may be located in the City, but fails to specify how the City will administer billboard vacancies as they come available; and WHEREAS, the Council finds and determines that it is necessary and desirable to amend Code Section 26-711 to include a process by which the City will administer billboard vacancies in a manner that is reasonable, equitable and consistent, as further set forth herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-711 of the Code, concerning billboard specifications and regulations, is hereby amended by the addition of a new subsection D., to read in its entirety as follows: D. PROCESSING OF BILLBOARD VACANCIES. 1. AN EXISTING BILLBOARD WILL BE CONSIDERED ABANDONED, CREATING A BILLBOARD VACANCY, UNDER THE FOLLOWING CIRCUMSTANCES: a. THE OWNER OF THE BILLBOARD OR THE PROPERTY UPON WHICH IT IS LOCATED FILES WRITTEN NOTICE OF ITS INTENT TO ABANDON THE BILLBOARD WITH THE DIRECTOR OF COMMUNITY DEVELOPMENT. IN THIS EVENT, THE CITY MAY BEGIN TO PROCESS THE PENDING VACANCY, AS SET FORTH IN THIS SUBSECTION D., PRIOR TO THE REMOVAL OF THE BILLBOARD. IT SHALL BE UNLAWFUL FOR AN OWNER TO FAIL TO REMOVE A BILLBOARD AS SPECIFIED IN A NOTICE OF INTENT TO ABANDON FILED HEREUNDER. A BILLBOARD EXISTING AFTER THE DATE OF ITS ABANDONMENT SHALL BE AND IS HEREBY DECLARED A NUISANCE, AS DEFINED BY SECTION 15-4 OF THIS CODE, AND SHALL BE SUBJECT TO THE ABATEMENT AND OTHER ENFORCEMENT REMEDIES AND PENALTIES SET FORTH UNDER ARTICLE II OF CHAPTER 15 OF THIS CODE. b. A BILLBOARD IS REMOVED; PROVIDED HOWEVER THAT A BILLBOARD MAY BE TEMPORARILY REMOVED AND RE- LOCATED, UNDER THE FOLLOWING CONDITIONS: THE OWNER OF THE BILLBOARD OR THE PROPERTY UPON WHICH IT IS LOCATED HAS FILED WRITTEN NOTICE OF ITS INTENT TO TEMPORARILY REMOVE THE BILLBOARD WITH THE DIRECTOR OF COMMUNITY DEVELOPMENT, WHICH NOTICE SHALL INCLUDE THE PURPOSE FOR THE TEMPORARY REMOVAL AND A PROJECTED TIMELINE TO RE -LOCATE THE BILLBOARD; ii. THE BILLBOARD IS PROPOSED TO BE REMOVED TO PERFORM STRUCTURAL UPGRADES, MODIFICATIONS OR ANOTHER PURPOSE APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR; iii. THE BILLBOARD WILL BE RE -LOCATED ON THE SAME PROPERTY IN SUBSTANTIALLY THE SAME LOCATION, AS DETERMINED BY THE COMMUNITY DEVELOPMENT DIRECTOR IN HIS OR HER SOLE DISCRETION; iv. THE TIME THE BILLBOARD IS REMOVED SHALL NOT EXCEED ONE HUNDRED EIGHTY (180) DAYS; v. THE COMMUNITY DEVELOPMENT DIRECTOR HAS ISSUED PRIOR WRITTEN APPROVAL OF THE TEMPORARY REMOVAL; AND vi. ALL REQUIRED BUILDING PERMITS, LICENSES OR OTHER APPROVALS NECESSARY TO LAWFULLY REMOVE THE BILLBOARD HAVE BEEN OBTAINED PRIOR TO REMOVAL. K, c. FAILURE TO COMPLY WITH ANY OF THE CONDITIONS UNDER WHICH TEMPORARY REMOVAL IS PERMITTED UNDER SUB- PARAGRAPH 1.13. ABOVE. 2. WHENEVER AN ABANDONMENT OR OTHER EVENT RESULTS IN FEWER THAN THE MAXIMUM PERMITTED NUMBER OF BILLBOARDS TO BE LOCATED WITHIN THE CITY, THE CITY SHALL DECLARE THAT A VACANCY EXISTS AND PUBLISH NOTICE OF THE VACANCY ON THE CITY'S WEBSITE AND POST SUCH NOTICE AT THE CITY'S OFFICIAL POSTING PLACES. THE DETERMINATION AND DECLARATION OF A VACANCY SHALL BE IN THE CITY'S SOLE AND ABSOLUTE DISCRETION. THE NOTICE OF VACANCY SHALL PROVIDE THAT INTERESTED PARTIES MUST FILE A PRELIMINARY APPLICATION WITH THE CITY WITHIN THIRTY (30) DAYS OF THE DATE OF NOTICE. 3. THE CITY SHALL ACCEPT PRELIMINARY APPLICATIONS FROM INTERESTED PARTIES FOR THIRTY (30) DAYS FROM THE DATE OF THE NOTICE OF VACANCY. PRELIMINARY APPLICATIONS MUST INCLUDE, AT A MINIMUM, THE FOLLOWING INFORMATION: a. A LETTER OF INTENT FROM THE APPLICANT; b. THE PROPOSED LOCATION OF THE BILLBOARD, INCLUDING EITHER PROPERTY ADDRESS OR ASSESSOR PARCEL ID; AND c. WRITTEN PERMISSION OF THE PROPERTY OWNER TO LOCATE THE BILLBOARD, IF THE PROPERTY OWNER IS NOT THE NAMED APPLICANT, 4. THE COMMUNITY DEVELOPMENT DIRECTOR WILL DETERMINE WHETHER PRELIMINARY APPLICATIONS ARE COMPLETE AND PROPOSED LOCATIONS ARE ELIGIBLE PURSUANT TO CHAPTER 26 OF THE CODE OF LAWS. 5. IN THE EVENT MORE THAN ONE COMPLETE AND ELIGIBLE PRELIMINARY APPLICATION IS TIMELY FILED, THE CITY SHALL SELECT ONE PRELIMINARY APPLICATION TO CONTINUE PROCESSING BY LOTTERY. ALL POTENTIAL APPLICANTS IN THE LOTTERY SHALL BE NOTIFIED OF THE TIME AND PLACE THAT LOTS SHALL BE DRAWN AND MAY ATTEND AND OBSERVE THE PROCESS. IF THE CITY DOES NOT RECEIVE ANY PRELIMINARY APPLICATIONS WITHIN THE INITIAL THIRTY (30) DAY RESPONSE PERIOD, THE CITY SHALL MAINTAIN THE NOTICE OF VACANCY ON THE CITY'S WEBSITE. THE NOTICE OF VACANCY SHALL BE AMENDED TO 3 REFLECT THAT THE INITIAL RESPONSE PERIOD HAS LAPSED AND THAT PRELIMINARY APPLICATIONS WILL NOW BE ACCEPTED AND PROCESSED BY THE CITY IN THE ORDER RECEIVED. IF MORE THAN ONE PRELIMINARY APPLICATION IS THEREAFTER RECEIVED BY CITY ON THE SAME DATE, THE LOTTERY PROCESS SET FORTH ABOVE SHALL BE USED TO SELECT ONE APPLICATION TO CONTINUE PROCESSING. 6. THE SOLE OR SELECTED APPLICANT MUST FILE A COMPLETE BUILDING PERMIT APPLICATION WITHIN ONE HUNDRED EIGHTY (180) DAYS OF: a. THE DATE THE APPLICANT IS SELECTED BY LOTTERY, IF SO SELECTED; b. THE EXPIRATION OF THE INITIAL THIRTY (30) DAY RESPONSE PERIOD IF THE APPLICANT IS THE ONLY PARTY THAT HAS FILED A TIMELY LETTER OF INTENT; OR c. THE DATE OF THE APPLICANT'S PRELIMINARY APPLICATION IF SUBMITTED AFTER THE INITIAL THIRTY (30) DAY RESPONSE PERIOD; PROVIDED, HOWEVER, THAT THE COMMUNITY DEVELOPMENT DIRECTOR MAY AUTHORIZE AN EXTENSION OF NOT MORE THAN ONE HUNDRED EIGHTY (180) ADDITIONAL DAYS UPON A SHOWING BY THE APPLICANT THAT IT IS MAKING SUBSTANTIAL PROGRESS TOWARDS FILING A COMPLETE APPLICATION, AS DETERMINED BY THE DIRECTOR IN HIS OR HER SOLE AND ABSOLUTE DISCRETION. 7, AN APPLICANT'S FAILURE TO MEET DEADLINES OR TO TIMELY FILE MATERIALS AND INFORMATION NECESSARY TO COMPLY WITH THE PERMIT PROCESS, AS DETERMINED BY THE COMMUNITY DEVELOPMENT DIRECTOR IN HIS OR HER SOLE AND ABSOLUTE DISCRETION, SHALL RESULT IN THE REJECTION OF HIS OR HER APPLICATION AND THE GENERATION OF A NEW NOTICE OF VACANCY, IN ACCORDANCE WITH PARAGRAPH (2) ABOVE. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this 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 ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect upon adoption and signature of the Mayor, as provided by Section 5.11 of the Charter. 4 INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 26th day of September, 2016, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for October 10, 2016, at 7:00 p.m., in the Council Chambers, 7500 West 291h Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of i to u , this I(;thday of uct01)('+ 2016. SIGNED by the Mayor on this 10th day of October _,2016. .W HEq� SEALm ATTEST * */ *LORA elle Shaver, City Clerk First Publication October 6, 2016 Second Publication: October 13, 2016 Wheat Ridge Transcript Effective Date- October 10, 2016 Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us 5 @NM No W! CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING October 10, 2016 Mayor Jay called the Regular City Council Meeting to order at 7:00 p m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Monica Duran Zachary Urban Kristi Davis Tim Fitzgerald George Pond Larry Mathews Genevieve Wooden Absent: Janeece Hoppe Also present: City Clerk, Janelle Shaver; City Attorney, Jerry Dahl; City Manager, Patrick Goff; Community Development Director, Ken Johnstone, other staff and interested citizens. APPROVAL OF MINUTES of September 26, 2016 and Study Session Notes of September 12, and September 19, 2016 There being no objection, the Minutes of the Regular City Council Meeting of September 26, 2016 and Study Session Notes of September 12 and September 19, 2016 were approved as published. PROCLAMATIONS AND CEREMONIES none CITIZENS' RIGHT TO SPEAK John Clark (WR) asked again where all the "pot money" has gone, have we had enough tax increases, what will be taxed next, and how much is enough? He encouraged people not to be afraid to vote no on 69, 72, 3A or 313, or 4B. It doesn't mean you are against healthcare and for smoking, or against schools or against art and culture. He noted the premier art display in Wheat Ridge got no money from SCFD funds or the WR Cultural Commission; it was done by high school kids. Voting no on 2E doesn't mean you are against growing the City; it may mean you prefer private sector growth over public sector growth. Wadsworth will get done without 2E -- in a more sensible and less intrusive manner. He pointed out the City has known about the Gold Line coming in since 2003, but did nothing, Read the language and look at the plans Don't be afraid to vote no. City Council Minutes October 10, 2016 Page 2 APPROVAL OF AGENDA 1 CONSENT AGENDA a) Motion to approve payment to ESRI Inc. in the amount of $44,142.46 for the annual license renewal for the Geographic Information System (budgeted) Councilmember George Wooden introduced the Consent Agenda Motion by Councilmember Wooden to approve payment to ESRI, Inc. in the amount of $44,142.46 for the annual renewal of the Geographic Information System; seconded by Councilmember Davis, carried 7-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill No 23-2016 — An Ordinance amending Section 26-711 of the Wheat Ridge Code of Laws, concerning Billboards, to establish a Billboard Vacancy Process (Case No. ZOA-16-05) This ordinance will codify the current administrative policy in use for the declaring, advertising, and filling of a billboard vacancy. Councilmember Davis introduced Council Bill 23-2016. Mayor Jay opened the Public Hearing. Clerk Shaver assigned Ordinance 1610. Staff report Lisa Ritchie, City Planner, gave a brief introduction. She noted that Council chose not to address any development standards such as height. This ordinance is only about the vacancy process. We have 16 billboards within our city boundaries There was no public comment, or questions or discussion by the Council. Mayor Jay closed the Public Hearing Motion by Councilmember Davis to approve Council Bill 23-2016, an ordinance amending Section 26-711 of the Wheat Ridge Code of Laws, concerning billboards, to establish a billboard vacancy process on second reading, and that it take effect upon adoption and signature of the Mayor; seconded by Councilmember Duran, carried 7-0 3. Council Bill No 22-2016 —an Ordinance repealing and reenacting Section 26-615 of the Wheat Ridge Code of Laws concerning Commercial Mobile Radio Service WhLity of eatdge ITEM NO: DATE: October 10, 2016 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 23-2016 - AN ORDINANCE AMENDING SECTION 26-711 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING BILLBOARDS, TO ESTABLISH A BILLBOARD VACANCY PROCESS (CASE NO. ZOA-16-05) ® PUBLIC HEARING ❑ ORDINANCES FOR 1sT READING (09/26/16) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (10/10/16) ❑ RESOLUTIONS QUASI-JUDI IAL: YES ® NO �JAI P77� -- Luu J& C mmunity Developmeqk Director City Manager ISSUE: The City's Billboard Regulations are located in Article VII of Chapter 26 in the City Code, specifically in Sec. 26-711 (Billboards; specifications and regulations). Per Section 26-711.C, only 16 billboards are permitted within the City of Wheat Ridge. The enclosed ordinance codifies an existing administrative policy that outlines the process for declaring, advertising, and filling a billboard vacancy. PRIOR ACTION: Current billboard regulations were adopted in 1991. In November 2005, in anticipation of a billboard vacancy occurring in December 2005, City staff worked with the City Attorney to draft a policy memorandum establishing protocol for processing billboard applications when the number in existence drops below the maximum of 16. A lottery was conducted in December 2005 and a billboard permit was awarded to construct a new billboard. Ultimately, the City was sued by a billboard sign company over the manner in which the lottery was conducted. Generally, the courts upheld the policies and procedures established in the November 2005 memorandum, with some minor exceptions. Council Action Form — Billboard Vacancy Regulations October 10, 2016 Page 2 Modifications to Chapter 26-711 were considered by City Council in 2008, which, among other things, would have codified a procedure for handling billboard vacancies. That ordinance was not adopted by City Council and no changes were made to the 2005 policy. More recently, staff proposed changes to the billboard vacancy policy which were discussed with City Council on June 1, 2015 and a new administrative policy was adopted at that time. Comments from billboard companies were received at that time and were generally supportive. The adopted approach put the City is a less reactionary mode, and created a process that is reasonable, systematic and fair for all parties — property owners, sign companies and staff. On June 1, 2015, City Council held a study session to discuss revising the adopted billboard vacancy policy. At that time, City Council supported implementation of an amended administrative policy to handle billboard vacancies. City Council further directed staff to prepare an ordinance to codify the policy. Due to other priorities and work efforts, staff did not complete the ordinance at that time. On August 1, 2016, a study session was held with City Council to confirm their intent to codify the billboard vacancy policy and hold off on any further sign code amendments for the time being. Planning Commission considered this ordinance during a Public Hearing on September 15, 2016 and recommended approval. The staff report and minutes are attached. FINANCIAL IMPACT: None BACKGROUND: In summary, the proposed ordinance codifies the policy that staff adopted with City Council support in 2015, and includes provisions for the following: 1. A billboard would be considered abandoned under the following circumstances: a. Billboard removed without first securing a building permit for its removal b. Temporary removal exceeds 180 days (temporary removals would be permitted to allow for upgrades to existing billboards, provided prior City approval is received) c. Property owner notifies the Community Development Department of its intent to abandon a billboard structure d. Failure to notify the Department of an intent to temporarily remove a billboard structure 2. Once a billboard is abandoned, leaving fewer than the maximum of 16 allowable billboards, a vacancy would occur. 3. The City would be the sole entity allowed to determine that a vacancy has occurred. 4. Having made a determination that a vacancy exists, the City would provide a 30 -day notice and posting period for preliminary applications to be submitted. 5. In the event more than one application is received, a random drawing would occur and the selected applicant would be given 180 days to file a complete building permit application. 6. If the selected applicant fails to perfect a building permit application within the permitted time, the City would declare the vacancy open and again invite preliminary applications. Council Action Form — Billboard Vacancy Regulations October 10, 2016 Page 3 RECOMMENDED MOTION: "I move to approve Council Bill No. 23-2016, an ordinance amending Section 26-711 of the Wheat Ridge Code of Laws, concerning billboards, to establish a billboard vacancy process on second reading, and that it take effect upon adoption and signature of the Mayor." Or, "I move to postpone indefinitely Council Bill No. 23-2016, an ordinance amending Section 26-711 of the Wheat Ridge Code of Laws, concerning billboards, to establish a billboard vacancy process, for the following reason(s) " REPORT PREPARED/REVIEWED BY; Lisa Ritchie, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 23-2016 2. Planning Commission Staff Report 3. Planning Commission minutes CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DAVIS Council Bill No. 23 Ordinance No. Series 2016 TITLE: AN ORDINANCE AMENDING SECTION 26-711 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING BILLBOARDS, TO ESTABLISH A BILLBOARD VACANCY PROCESS WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality operating under a charter adopted pursuant to Article XX of the Colorado Constitution and vested with the authority by that article and the Colorado Revised Statutes to adopt ordinances for the regulation of land use and planning; and WHEREAS, pursuant to this authority, the Wheat Ridge City Council ("Council") previously adopted local land use regulations, codified as Chapter 26 of the Wheat Ridge Code of Laws ("Code"); and WHEREAS, Code Section 26-711 regulates the location and features of billboards within the City; and WHEREAS, said Section 26-711 imposes a limitation on the maximum number of billboards that may be located in the City, but fails to specify how the City will administer billboard vacancies as they come available; and WHEREAS, the Council finds and determines that it is necessary and desirable to amend Code Section 26-711 to include a process by which the City will administer billboard vacancies in a manner that is reasonable, equitable and consistent, as further set forth herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-711 of the Code, concerning billboard specifications and regulations, is hereby amended by the addition of a new subsection D., to read in its entirety as follows: D. PROCESSING OF BILLBOARD VACANCIES. 1. AN EXISTING BILLBOARD WILL BE CONSIDERED ABANDONED, CREATING A BILLBOARD VACANCY, UNDER THE FOLLOWING CIRCUMSTANCES: a. THE OWNER OF THE BILLBOARD OR THE PROPERTY UPON WHICH IT IS LOCATED FILES WRITTEN NOTICE OF ITS INTENT TO ABANDON THE BILLBOARD WITH THE DIRECTOR OF Attachment 1 COMMUNITY DEVELOPMENT. IN THIS EVENT, THE CITY MAY BEGIN TO PROCESS THE PENDING VACANCY, AS SET FORTH IN THIS SUBSECTION D., PRIOR TO THE REMOVAL OF THE BILLBOARD. IT SHALL BE UNLAWFUL FOR AN OWNER TO FAIL TO REMOVE A BILLBOARD AS SPECIFIED IN A NOTICE OF INTENT TO ABANDON FILED HEREUNDER. A BILLBOARD EXISTING AFTER THE DATE OF ITS ABANDONMENT SHALL BE AND IS HEREBY DECLARED A NUISANCE, AS DEFINED BY SECTION 15-4 OF THIS CODE, AND SHALL BE SUBJECT TO THE ABATEMENT AND OTHER ENFORCEMENT REMEDIES AND PENALTIES SET FORTH UNDER ARTICLE II OF CHAPTER 15 OF THIS CODE. b. A BILLBOARD IS REMOVED; PROVIDED HOWEVER THAT A BILLBOARD MAY BE TEMPORARILY REMOVED AND RE- LOCATED, UNDER THE FOLLOWING CONDITIONS: THE OWNER OF THE BILLBOARD OR THE PROPERTY UPON WHICH IT IS LOCATED HAS FILED WRITTEN NOTICE OF ITS INTENT TO TEMPORARILY REMOVE THE BILLBOARD WITH THE DIRECTOR OF COMMUNITY DEVELOPMENT, WHICH NOTICE SHALL INCLUDE THE PURPOSE FOR THE TEMPORARY REMOVAL AND A PROJECTED TIMELINE TO RE -LOCATE THE BILLBOARD; ii. THE BILLBOARD IS PROPOSED TO BE REMOVED TO PERFORM STRUCTURAL UPGRADES, MODIFICATIONS OR ANOTHER PURPOSE APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR; iii. THE BILLBOARD WILL BE RE -LOCATED ON THE SAME PROPERTY IN SUBSTANTIALLY THE SAME LOCATION, AS DETERMINED BY THE COMMUNITY DEVELOPMENT DIRECTOR IN HIS OR HER SOLE DISCRETION; iv. THE TIME THE BILLBOARD IS REMOVED SHALL NOT EXCEED ONE HUNDRED EIGHTY (180) DAYS; v. THE COMMUNITY DEVELOPMENT DIRECTOR HAS ISSUED PRIOR WRITTEN APPROVAL OF THE TEMPORARY REMOVAL; AND vi. ALL REQUIRED BUILDING PERMITS, LICENSES OR OTHER APPROVALS NECESSARY TO LAWFULLY REMOVE THE BILLBOARD HAVE BEEN OBTAINED PRIOR TO REMOVAL. 2 c. FAILURE TO COMPLY WITH ANY OF THE CONDITIONS UNDER WHICH TEMPORARY REMOVAL IS PERMITTED UNDER SUB- PARAGRAPH 1.13. ABOVE. 2. WHENEVER AN ABANDONMENT OR OTHER EVENT RESULTS IN FEWER THAN THE MAXIMUM PERMITTED NUMBER OF BILLBOARDS TO BE LOCATED WITHIN THE CITY, THE CITY SHALL DECLARE THAT A VACANCY EXISTS AND PUBLISH NOTICE OF THE VACANCY ON THE CITY'S WEBSITE AND POST SUCH NOTICE AT THE CITY'S OFFICIAL POSTING PLACES. THE DETERMINATION AND DECLARATION OF A VACANCY SHALL BE IN THE CITY'S SOLE AND ABSOLUTE DISCRETION. THE NOTICE OF VACANCY SHALL PROVIDE THAT INTERESTED PARTIES MUST FILE A PRELIMINARY APPLICATION WITH THE CITY WITHIN THIRTY (30) DAYS OF THE DATE OF NOTICE. 3. THE CITY SHALL ACCEPT PRELIMINARY APPLICATIONS FROM INTERESTED PARTIES FOR THIRTY (30) DAYS FROM THE DATE OF THE NOTICE OF VACANCY. PRELIMINARY APPLICATIONS MUST INCLUDE, AT A MINIMUM, THE FOLLOWING INFORMATION: a. A LETTER OF INTENT FROM THE APPLICANT; b. THE PROPOSED LOCATION OF THE BILLBOARD, INCLUDING EITHER PROPERTY ADDRESS OR ASSESSOR PARCEL ID; AND c. WRITTEN PERMISSION OF THE PROPERTY OWNER TO LOCATE THE BILLBOARD, IF THE PROPERTY OWNER IS NOT THE NAMED APPLICANT. 4. THE COMMUNITY DEVELOPMENT DIRECTOR WILL DETERMINE WHETHER PRELIMINARY APPLICATIONS ARE COMPLETE AND PROPOSED LOCATIONS ARE ELIGIBLE PURSUANT TO CHAPTER 26 OF THE CODE OF LAWS. 5. IN THE EVENT MORE THAN ONE COMPLETE AND ELIGIBLE PRELIMINARY APPLICATION IS TIMELY FILED, THE CITY SHALL SELECT ONE PRELIMINARY APPLICATION TO CONTINUE PROCESSING BY LOTTERY. ALL POTENTIAL APPLICANTS IN THE LOTTERY SHALL BE NOTIFIED OF THE TIME AND PLACE THAT LOTS SHALL BE DRAWN AND MAY ATTEND AND OBSERVE THE PROCESS. IF THE CITY DOES NOT RECEIVE ANY PRELIMINARY APPLICATIONS WITHIN THE INITIAL THIRTY (30) DAY RESPONSE PERIOD, THE CITY SHALL MAINTAIN THE NOTICE OF VACANCY ON THE CITY'S WEBSITE. THE NOTICE OF VACANCY SHALL BE AMENDED TO 3 REFLECT THAT THE INITIAL RESPONSE PERIOD HAS LAPSED AND THAT PRELIMINARY APPLICATIONS WILL NOW BE ACCEPTED AND PROCESSED BY THE CITY IN THE ORDER RECEIVED. IF MORE THAN ONE PRELIMINARY APPLICATION IS THEREAFTER RECEIVED BY CITY ON THE SAME DATE, THE LOTTERY PROCESS SET FORTH ABOVE SHALL BE USED TO SELECT ONE APPLICATION TO CONTINUE PROCESSING. 6. THE SOLE OR SELECTED APPLICANT MUST FILE A COMPLETE BUILDING PERMIT APPLICATION WITHIN ONE HUNDRED EIGHTY (180) DAYS OF: a. THE DATE THE APPLICANT IS SELECTED BY LOTTERY, IF SO SELECTED; b. THE EXPIRATION OF THE INITIAL THIRTY (30) DAY RESPONSE PERIOD IF THE APPLICANT IS THE ONLY PARTY THAT HAS FILED A TIMELY LETTER OF INTENT; OR c. THE DATE OF THE APPLICANT'S PRELIMINARY APPLICATION IF SUBMITTED AFTER THE INITIAL THIRTY (30) DAY RESPONSE PERIOD; PROVIDED, HOWEVER, THAT THE COMMUNITY DEVELOPMENT DIRECTOR MAY AUTHORIZE AN EXTENSION OF NOT MORE THAN ONE HUNDRED EIGHTY (180) ADDITIONAL DAYS UPON A SHOWING BY THE APPLICANT THAT IT IS MAKING SUBSTANTIAL PROGRESS TOWARDS FILING A COMPLETE APPLICATION, AS DETERMINED BY THE DIRECTOR IN HIS OR HER SOLE AND ABSOLUTE DISCRETION. 7. AN APPLICANT'S FAILURE TO MEET DEADLINES OR TO TIMELY FILE MATERIALS AND INFORMATION NECESSARY TO COMPLY WITH THE PERMIT PROCESS, AS DETERMINED BY THE COMMUNITY DEVELOPMENT DIRECTOR IN HIS OR HER SOLE AND ABSOLUTE DISCRETION, SHALL RESULT IN THE REJECTION OF HIS OR HER APPLICATION AND THE GENERATION OF A NEW NOTICE OF VACANCY, IN ACCORDANCE WITH PARAGRAPH (2) ABOVE. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this 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 ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect upon adoption and signature of the Mayor, as provided by Section 5.11 of the Charter. rd INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 26th day of September, 2016, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for October 10, 2016, at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 12016. SIGNED by the Mayor on this day of , 2016. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: October 6, 2016 Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us 5 1 I City of W heat f k PLANNING COMMISSION COMMUNITY DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: September 15, 2016 TITLE: AN ORDINANCE AMENDING SECTION 26-711 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING BILLBOARDS, TO ESTABLISH A BILLBOARD VACANCY PROCESS CASE NO. ZOA-16-05 ® PUBLIC HEARING Case Manager: Lisa Ritchie Date of Preparation: September 7, 2016 ® CODE CHANGE ORDINANCE SUMMARY: The City's Billboard Regulations are located in Article VII of Chapter 26 in the City Code, specifically in Sec. 26-711 (Billboards; specifications and regulations). Supporting regulations are located throughout Article VII. Per Section 26-711.C, only 16 billboards are permitted within the City of Wheat Ridge. The enclosed ordinance codifies an existing administrative policy that outlines the process for declaring, advertising, and filling a billboard vacancy. Notice for this public hearing was provided as required by the Code of Laws. BACKGROUND: On June 1, 2015, City Council held a study session to discuss revising the adopted billboard vacancy policy. At that time, City Council supported implementation of an amended administrative policy to handle billboard vacancies. City Council further directed staff to prepare an ordinance to codify the policy. Due to other priorities and work efforts, staff did not complete the ordinance at that time. On August 1, 2016, a study session was held with City Council to confirm their intent to codify the billboard vacancy policy. The City defines a billboard as: 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. Current billboard regulations were adopted in 1991. In November 2005, in anticipation of a billboard vacancy occurring in December 2005, City staff worked with the City Attorney to draft a policy memorandum establishing protocol for processing billboard applications when the number in existence drops below the maximum of 16. Attachment 2 A lottery was conducted in December 2005 and a billboard permit was awarded to construct a new billboard. Ultimately, the City was sued over the manner in which the lottery was conducted. Generally, the courts upheld the policies and procedures established in the October 17, 2005 memorandum, with some minor exceptions. Modifications to Chapter 26-711 were considered by City Council in 2008, which, among other things, would have codified a procedure for handling billboard vacancies. That ordinance was not adopted by City Council and no changes were made to the 2005 policy. More recently, staff proposed changes to the billboard vacancy policy which were discussed with City Council on June 1, 2015 and a new policy was adopted at that time. Comments from billboard companies were received at that time. The adopted approach puts the City is a less reactionary mode, and created a process that is reasonable, systematic and fair for all parties — property owners, sign companies and staff. STATEMENT OF THE ISSUES: In summary, the proposed ordinance codifies the policy that staff adopted with City Council support in 2015, and includes provisions for the following: A billboard would be considered abandoned under the following circumstances: a. Billboard removed without first securing a building permit for its removal b. Temporary removal exceeds 180 days (temporary removals would be permitted to allow for upgrades to occur to existing billboards, provided prior City approval is received) c. Property owner notifies the Community Development Department of its intent to abandon a billboard structure d. Failure to notify the Department of an intent to temporarily remove a billboard structure 2. Once a billboard is abandoned, leaving fewer than the maximum of 16 allowable billboards, a vacancy would occur. 3. The City would be the sole entity allowed to determine that a vacancy has occurred. 4. Having made a determination that a vacancy exists, the City would provide a 30 -day notice and posting period for preliminary applications to be submitted. 5. In the event more than one application is received, a random drawing would occur and the selected applicant would be given 180 days to file a complete building permit application. 6. If the selected applicant fails to perfect a building permit application within the permitted time, the City would declare the vacancy open and again invite preliminary applications. RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance amending Section 26-711 of the Wheat Ridge Code of Laws, concerning billboards, to establish a billboard vacancy process." Exhibits: 1. Proposed Ordinance ZOA-16-05 / Billboard Vacancy Regulations 1. FA 3. 4 5. 41 City of " W heat jjdge PLANNING COMMISSION Minutes of Meeting September 15, 2016 CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:01 p.m. in the City Council Chambers of the Municipal Building, 7500 West 291h Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Dirk Boden Alan Bucknam Emery Dorsey Donna Kimsey Janet Leo Scott Ohm Steve Timms Amanda Weaver Lauren Mikulak, Senior Planner Lisa Ritchie, Planner II Zack Wallace, Planning Technician Tammy Odean, Recording Secretary APPROVE ORDER OF THE AGENDA It was moved by Commissioner DORSEY and seconded by Commissioner TIMMS to approve the order of the agenda. Motion carried 8-0. APPROVAL OF MINUTES — September 1, 2016 It was moved by Commissioner DORSEY and seconded by Commissioner LEO to approve the minutes of September 1, 2016, as amended. Motion carried 5-0-3 with Commissioners BUCKNAM, TIMMS and WEAVER abstaining. Planning Commission Minutes September 15, 2016 Attachment 3 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Benny Gonzales 3145 Eaton Street, Wheat Ridge Mr. Gonzales said he, family and neighbors feel the 12 %z foot bulk plane is a good fit for the R-1 C neighborhood. Michael Epson 2905 Chase Street, Wheat Ridge Mr. Epson stated he and others in the neighborhood feel the 35 foot height limit does not fit the character of the neighborhood because the majority of homes are one story bungalows. He stated the decks of the large homes look directly in the other backyards and there is a loss of privacy which could limit property values. Mr. Epson handed out graphics and petition which was circulated through the neighborhood and signed by neighbors who support a 12 '/2 bulk plane and a height limit of 25 -feet for the R-1 C zone district. He added that those development standards would be more in line with the character of the neighborhood. Victoria Mendoza 3021 Chase Street, Wheat Ridge Ms. Mendoza stated she is happy to be in this neighborhood and added she also does not think the 35 -foot height limit fits the neighborhood and to please consider a 12 '/2 foot bulk plane. She feels the character of the neighborhood will be changed if the height limit stays at 35 -feet. 7. PUBLIC HEARING A. Case No. ZOA-16-05: An ordinance amending Section 26-711 of the Wheat Ridge Code of Laws, concerning billboards, to establish a billboard vacancy process. Ms. Ritchie gave a short presentation regarding the ordinance amendment. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. She stated that City Council wants to codify an existing administrative policy regarding billboard regulations. Council was asked if there are any other standards if they want to look at, but codifying the policy is the only action they wish to take right now. Planning Commission Minutes -2— September 2— September 15, 2016 Commissioner BODEN asked when the permit application is approved does the contract between the property owner and the billboard company follow the land and is the City involved. He also inquired if the City issues a permit each time the billboard content is changed. Ms. Ritchie explained that the City is not a party to those types of agreements. The intent of the policy is to protect the billboard owner and the landowner. The City also does not review the content of the billboard. Commissioner TIMMS asked if the policy of this ordinance to keep the billboard in the city only along I-70. Ms. Ritchie explained the intent of the policy is to keep the billboard count at 16 and only along I-70. There are two non -conforming signs along Ward Road that are not oriented toward I-70. Commissioner OHM asked why a building permit and a letter to the Community Development Director are necessary to modify or take down and replace a billboard. Ms. Mikulak explained that the notification and demolition permit is a safety net that will protect anyone modifying the billboard and will also make sure the billboard location will not be lost if it is temporarily taken down. Commissioner DORSEY asked if a non -conforming billboard is vacated and torn down on Ward Road would another one be built on I-70. Ms. Ritchie explained we would still only have 16 billboards in the city per the code. It was moved by Commissioner TIMMS and seconded by Commissioner LEO to recommend APPROVAL of the proposed ordinance amending Section 260711 of the Wheat Ridge Code of Laws, concerning billboards, to establish a billboard vacancy process. Motion carried 8-0. B. Case No. ZOA-16-04: An ordinance repealing and reenacting Section 26-615 of the Wheat Ridge Code of Laws concerning Commercial Mobile Radio Service and making conforming amendments in connection herewith. Ms. Ritchie gave a short presentation regarding the ordinance amendment. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Planning Commission Minutes -3— September 3— September 15, 2016 City of W heat j�idge ITEM NO: DATE: September 26, 2016 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 23-2016 - AN ORDINANCE AMENDING SECTION 26-711 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING BILLBOARDS, TO ESTABLISH A BILLBOARD VACANCY PROCESS (CASE NO. ZOA-16-05) ❑ PUBLIC HEARING ® ORDINANCES FOR IIT READING (09/26/16) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (10/10/16) ❑ RESOLUTIONS QUASI-JUDICIAL: YES ® NO 1,�_A P , 0. , J, M" ommunity Development i ctor City Manager ISSUE: The City's billboard regulations are located in Article VII of Chapter 26 in the City Code, specifically in Sec. 26-711 (Billboards; specifications and regulations). Per Section 26-711.C, only 16 billboards are permitted within the City of Wheat Ridge. The enclosed ordinance codifies an existing administrative policy that outlines the process for declaring, advertising, and filling a billboard vacancy. PRIOR ACTION: Current billboard regulations were adopted in 1991. In November 2005, in anticipation of a billboard vacancy occurring in December 2005, City staff worked with the City Attorney to draft a policy memorandum establishing protocol for processing billboard applications when the number in existence drops below the maximum of 16. A lottery was conducted in December 2005 and a billboard permit was awarded to construct a new billboard. Ultimately, the City was sued by a billboard sign company over the manner in which the lottery was conducted. Generally, the courts upheld the policies and procedures established in the October 17, 2005 memorandum, with some minor exceptions. Council Action Form — Billboard Vacancy Regulations September 26, 2016 Page 2 Modifications to Chapter 26-711 were considered by City Council in 2008, which, among other things, would have codified a procedure for handling billboard vacancies. That ordinance was not adopted by City Council and no changes were made to the 2005 policy. More recently, staff proposed changes to the billboard vacancy policy which were discussed with City Council on June 1, 2015 and a new administrative policy was adopted at that time. Comments from billboard companies were received at that time and were generally supportive. The adopted approach put the City is a less reactionary mode, and created a process that is reasonable, systematic and fair for all parties — property owners, sign companies and staff. On June 1, 2015, City Council held a study session to discuss revising the adopted billboard vacancy policy. At that time, City Council supported implementation of an amended administrative policy to handle billboard vacancies. City Council further directed staff to prepare an ordinance to codify the policy. Due to other priorities and work efforts, staff did not complete the ordinance at that time. On August 1, 2016, a study session was held with City Council to confirm their intent to codify the billboard vacancy policy and hold off on any further sign code amendments for the time being. Planning Commission considered this ordinance during a public hearing on September 15, 2016 and recommended approval. The staff report and minutes will be provided to Council for the public hearing on October 10, 2016. FINANCIAL IMPACT: None BACKGROUND: In summary, the proposed ordinance codifies the policy that staff adopted with City Council support in 2015, and includes provisions for the following: A billboard would be considered abandoned under the following circumstances: a. Billboard removed without first securing a building permit for its removal b. Temporary removal exceeds 180 days (temporary removals would be permitted to allow for upgrades to occur to existing billboards, provided prior City approval is received) c. Property owner notifies the Community Development Department of its intent to abandon a billboard structure d. Failure to notify the Department of an intent to temporarily remove a billboard structure 2. Once a billboard is abandoned, leaving fewer than the maximum of 16 allowable billboards, a vacancy would occur. 3. The City would be the sole entity allowed to determine that a vacancy has occurred. 4. Having made a determination that a vacancy exists, the City would provide a 30 -day notice and posting period for preliminary applications to be submitted. 5. In the event more than one application is received, a random drawing would occur and the selected applicant would be given 180 days to file a complete building permit application. Council Action Form — Billboard Vacancy Regulations September 26, 2016 Page 3 6. If the selected applicant fails to perfect a building permit application within the permitted time, the City would declare the vacancy open and again invite preliminary applications. RECOMMENDED MOTION: "I move to approve Council Bill No. 23-2016, an ordinance amending Section 26-711 of the Wheat Ridge Code of Laws, concerning billboards, to establish a billboard vacancy process on first reading, order it published, public hearing set for Monday, October 10, 2016 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication." Or, "I move to postpone indefinitely Council Bill No. 23-2016, an ordinance amending Section 26-711 of the Wheat Ridge Code of Laws, concerning billboards, to establish a billboard vacancy process, for the following reason(s) " REPORT PREPARED/REVIEWED BY; Lisa Ritchie, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 23-2016 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 23 Ordinance No. Series 2016 TITLE: AN ORDINANCE AMENDING SECTION 26-711 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING BILLBOARDS, TO ESTABLISH A BILLBOARD VACANCY PROCESS WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality operating under a charter adopted pursuant to Article XX of the Colorado Constitution and vested with the authority by that article and the Colorado Revised Statutes to adopt ordinances for the regulation of land use and planning; and WHEREAS, pursuant to this authority, the Wheat Ridge City Council ("Council") previously adopted local land use regulations, codified as Chapter 26 of the Wheat Ridge Code of Laws ("Code"); and WHEREAS, Code Section 26-711 regulates the location and features of billboards within the City; and WHEREAS, said Section 26-711 imposes a limitation on the maximum number of billboards that may be located in the City, but fails to specify how the City will administer billboard vacancies as they come available; and WHEREAS, the Council finds and determines that it is necessary and desirable to amend Code Section 26-711 to include a process by which the City will administer billboard vacancies in a manner that is reasonable, equitable and consistent, as further set forth herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-711 of the Code, concerning billboard specifications and regulations, is hereby amended by the addition of a new subsection D., to read in its entirety as follows: D. PROCESSING OF BILLBOARD VACANCIES. 1. AN EXISTING BILLBOARD WILL BE CONSIDERED ABANDONED, CREATING A BILLBOARD VACANCY, UNDER THE FOLLOWING CIRCUMSTANCES: a. THE OWNER OF THE BILLBOARD OR THE PROPERTY UPON WHICH IT IS LOCATED FILES WRITTEN NOTICE OF ITS INTENT TO ABANDON THE BILLBOARD WITH THE DIRECTOR Attachment 1 OF COMMUNITY DEVELOPMENT. IN THIS EVENT, THE CITY MAY BEGIN TO PROCESS THE PENDING VACANCY, AS SET FORTH IN THIS SUBSECTION D., PRIOR TO THE REMOVAL OF THE BILLBOARD. IT SHALL BE UNLAWFUL FOR AN OWNER TO FAIL TO REMOVE A BILLBOARD AS SPECIFIED IN A NOTICE OF INTENT TO ABANDON FILED HEREUNDER. A BILLBOARD EXISTING AFTER THE DATE OF ITS ABANDONMENT SHALL BE AND IS HEREBY DECLARED A NUISANCE, AS DEFINED BY SECTION 15-4 OF THIS CODE, AND SHALL BE SUBJECT TO THE ABATEMENT AND OTHER ENFORCEMENT REMEDIES AND PENALTIES SET FORTH UNDER ARTICLE II OF CHAPTER 15 OF THIS CODE. b. A BILLBOARD IS REMOVED; PROVIDED HOWEVER THAT A BILLBOARD MAY BE TEMPORARILY REMOVED AND RE- LOCATED, UNDER THE FOLLOWING CONDITIONS: THE OWNER OF THE BILLBOARD OR THE PROPERTY UPON WHICH IT IS LOCATED HAS FILED WRITTEN NOTICE OF ITS INTENT TO TEMPORARILY REMOVE THE BILLBOARD WITH THE DIRECTOR OF COMMUNITY DEVELOPMENT, WHICH NOTICE SHALL INCLUDE THE PURPOSE FOR THE TEMPORARY REMOVAL AND A PROJECTED TIMELINE TO RE -LOCATE THE BILLBOARD; ii. THE BILLBOARD IS PROPOSED TO BE REMOVED TO PERFORM STRUCTURAL UPGRADES, MODIFICATIONS OR ANOTHER PURPOSE APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR; iii. THE BILLBOARD WILL BE RE -LOCATED ON THE SAME PROPERTY IN SUBSTANTIALLY THE SAME LOCATION, AS DETERMINED BY THE COMMUNITY DEVELOPMENT DIRECTOR IN HIS OR HER SOLE DISCRETION; iv. THE TIME THE BILLBOARD IS REMOVED SHALL NOT EXCEED ONE HUNDRED EIGHTY (180) DAYS; v. THE COMMUNITY DEVELOPMENT DIRECTOR HAS ISSUED PRIOR WRITTEN APPROVAL OF THE TEMPORARY REMOVAL; AND vi. ALL REQUIRED BUILDING PERMITS, LICENSES OR OTHER APPROVALS NECESSARY TO LAWFULLY 2 REMOVE THE BILLBOARD HAVE BEEN OBTAINED PRIOR TO REMOVAL. c. FAILURE TO COMPLY WITH ANY OF THE CONDITIONS UNDER WHICH TEMPORARY REMOVAL IS PERMITTED UNDER SUB- PARAGRAPH 1.13. ABOVE. 2. WHENEVER AN ABANDONMENT OR OTHER EVENT RESULTS IN FEWER THAN THE MAXIMUM PERMITTED NUMBER OF BILLBOARDS TO BE LOCATED WITHIN THE CITY, THE CITY SHALL DECLARE THAT A VACANCY EXISTS AND PUBLISH NOTICE OF THE VACANCY ON THE CITY'S WEBSITE AND POST SUCH NOTICE AT THE CITY'S OFFICIAL POSTING PLACES. THE DETERMINATION AND DECLARATION OF A VACANCY SHALL BE IN THE CITY'S SOLE AND ABSOLUTE DISCRETION. THE NOTICE OF VACANCY SHALL PROVIDE THAT INTERESTED PARTIES MUST FILE A PRELIMINARY APPLICATION WITH THE CITY WITHIN THIRTY (30) DAYS OF THE DATE OF NOTICE. 3. THE CITY SHALL ACCEPT PRELIMINARY APPLICATIONS FROM INTERESTED PARTIES FOR THIRTY (30) DAYS FROM THE DATE OF THE NOTICE OF VACANCY. PRELIMINARY APPLICATIONS MUST INCLUDE, AT A MINIMUM, THE FOLLOWING INFORMATION: a. A LETTER OF INTENT FROM THE APPLICANT; b. THE PROPOSED LOCATION OF THE BILLBOARD, INCLUDING EITHER PROPERTY ADDRESS OR ASSESSOR PARCEL ID; AND c. WRITTEN PERMISSION OF THE PROPERTY OWNER TO LOCATE THE BILLBOARD, IF THE PROPERTY OWNER IS NOT THE NAMED APPLICANT. 4. THE COMMUNITY DEVELOPMENT DIRECTOR WILL DETERMINE WHETHER PRELIMINARY APPLICATIONS ARE COMPLETE AND PROPOSED LOCATIONS ARE ELIGIBLE PURSUANT TO CHAPTER 26 OF THE CODE OF LAWS. 5. IN THE EVENT MORE THAN ONE COMPLETE AND ELIGIBLE PRELIMINARY APPLICATION IS TIMELY FILED, THE CITY SHALL SELECT ONE PRELIMINARY APPLICATION TO CONTINUE PROCESSING BY LOTTERY. ALL POTENTIAL APPLICANTS IN THE LOTTERY SHALL BE NOTIFIED OF THE TIME AND PLACE THAT LOTS SHALL BE DRAWN AND MAY ATTEND AND OBSERVE THE PROCESS. IF THE CITY DOES NOT RECEIVE ANY PRELIMINARY 3 APPLICATIONS WITHIN THE INITIAL THIRTY (30) DAY RESPONSE PERIOD, THE CITY SHALL MAINTAIN THE NOTICE OF VACANCY ON THE CITY'S WEBSITE. THE NOTICE OF VACANCY SHALL BE AMENDED TO REFLECT THAT THE INITIAL RESPONSE PERIOD HAS LAPSED AND THAT PRELIMINARY APPLICATIONS WILL NOW BE ACCEPTED AND PROCESSED BY THE CITY IN THE ORDER RECEIVED. IF MORE THAN ONE PRELIMINARY APPLICATION IS THEREAFTER RECEIVED BY CITY ON THE SAME DATE, THE LOTTERY PROCESS SET FORTH ABOVE SHALL BE USED TO SELECT ONE APPLICATION TO CONTINUE PROCESSING. 6. THE SOLE OR SELECTED APPLICANT MUST FILE A COMPLETE BUILDING PERMIT APPLICATION WITHIN ONE HUNDRED EIGHTY (180) DAYS OF: a. THE DATE THE APPLICANT IS SELECTED BY LOTTERY, IF SO SELECTED; b. THE EXPIRATION OF THE INITIAL THIRTY (30) DAY RESPONSE PERIOD IF THE APPLICANT IS THE ONLY PARTY THAT HAS FILED A TIMELY LETTER OF INTENT; OR c. THE DATE OF THE APPLICANT'S PRELIMINARY APPLICATION IF SUBMITTED AFTER THE INITIAL THIRTY (30) DAY RESPONSE PERIOD; PROVIDED, HOWEVER, THAT THE COMMUNITY DEVELOPMENT DIRECTOR MAY AUTHORIZE AN EXTENSION OF NOT MORE THAN ONE HUNDRED EIGHTY (180) ADDITIONAL DAYS UPON A SHOWING BY THE APPLICANT THAT IT IS MAKING SUBSTANTIAL PROGRESS TOWARDS FILING A COMPLETE APPLICATION, AS DETERMINED BY THE DIRECTOR IN HIS OR HER SOLE AND ABSOLUTE DISCRETION. 7. AN APPLICANT'S FAILURE TO MEET DEADLINES OR TO TIMELY FILE MATERIALS AND INFORMATION NECESSARY TO COMPLY WITH THE PERMIT PROCESS, AS DETERMINED BY THE COMMUNITY DEVELOPMENT DIRECTOR IN HIS OR HER SOLE AND ABSOLUTE DISCRETION, SHALL RESULT IN THE REJECTION OF HIS OR HER APPLICATION AND THE GENERATION OF A NEW NOTICE OF VACANCY, IN ACCORDANCE WITH PARAGRAPH (2) ABOVE. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this 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 ordinances in conflict with the provisions of this Ordinance are hereby repealed. 0 Section 3. Effective Date. This Ordinance shall take effect upon adoption and signature of the Mayor, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of —to on this 26th day of September, 2016, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for October 10, 2016, at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2016. SIGNED by the Mayor on this day of Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form , 2016. Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us 5 City cif W heatge PLANNING COMMISSION COMMUNITY DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: September 15, 2016 TITLE: AN ORDINANCE AMENDING SECTION 26-711 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING BILLBOARDS, TO ESTABLISH A BILLBOARD VACANCY PROCESS CASE NO. ZOA-16-05 ® PUBLIC HEARING Case Manager: Lisa Ritchie Date of Preparation: September 7, 2016 ® CODE CHANGE ORDINANCE SUMMARY: The City's Billboard Regulations are located in Article VII of Chapter 26 in the City Code, specifically in Sec. 26-711 (Billboards; specifications and regulations). Supporting regulations are located throughout Article VII. Per Section 26-711.C, only 16 billboards are permitted within the City of Wheat Ridge. The enclosed ordinance codifies an existing administrative policy that outlines the process for declaring, advertising, and filling a billboard vacancy. Notice for this public hearing was provided as required by the Code of Laws. BACKGROUND: On June 1, 2015, City Council held a study session to discuss revising the adopted billboard vacancy policy. At that time, City Council supported implementation of an amended administrative policy to handle billboard vacancies. City Council further directed staff to prepare an ordinance to codify the policy. Due to other priorities and work efforts, staff did not complete the ordinance at that time. On August 1, 2016, a study session was held with City Council to confirm their intent to codify the billboard vacancy policy. The City defines a billboard as: Any sign in excess offtfty (5 0) 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. Current billboard regulations were adopted in 1991. In November 2005, in anticipation of a billboard vacancy occurring in December 2005, City staff worked with the City Attorney to draft a policy memorandum establishing protocol for processing billboard applications when the number in existence drops below the maximum of 16. A lottery was conducted in December 2005 and a billboard permit was awarded to construct a new billboard. Ultimately, the City was sued over the manner in which the lottery was conducted. Generally, the courts upheld the policies and procedures established in the October 17, 2005 memorandum, with some minor exceptions. Modifications to Chapter 26-711 were considered by City Council in 2008, which, among other things, would have codified a procedure for handling billboard vacancies. That ordinance was not adopted by City Council and no changes were made to the 2005 policy. More recently, staff proposed changes to the billboard vacancy policy which were discussed with City Council on June 1, 2015 and a new policy was adopted at that time. Comments from billboard companies were received at that time. The adopted approach puts the City is a less reactionary mode, and created a process that is reasonable, systematic and fair for all parties — property owners, sign companies and staff. STATEMENT OF THE ISSUES: In summary, the proposed ordinance codifies the policythat staff adopted with City Council support in 2015, and includes provisions for the following: A billboard would be considered abandoned under the following circumstances: a. Billboard removed without first securing a building permit for its removal b. Temporary removal exceeds 180 days (temporary removals would be permitted to allow for upgrades to occur to existing billboards, provided prior City approval is received) c. Property owner notifies the Community Development Department of its intent to abandon a billboard structure d. Failure to notify the Department of an intent to temporarily remove a billboard structure 2. Once a billboard is abandoned, leaving fewer than the maximum of 16 allowable billboards, a vacancy would occur. 3. The City would be the sole entity allowed to determine that a vacancy has occurred. 4. Having made a determination that a vacancy exists, the City would provide a 30 -day notice and posting period for preliminary applications to be submitted. 5. In the event more than one application is received, a random drawing would occur and the selected applicant would be given 180 days to file a complete building permit application. 6. If the selected applicant fails to perfect a building permit application within the permitted time, the City would declare the vacancy open and again invite preliminary applications. RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance amending Section 26-711 of the Wheat Ridge Code of Laws, concerning billboards, to establish a billboard vacancy process." Exhibits: 1. Proposed Ordinance ZOA-16-05 / Billboard Vacancy Regulations CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. Series 2016 TITLE: AN ORDINANCE AMENDING SECTION 26-711 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING BILLBOARDS, TO ESTABLISH A BILLBOARD VACANCY PROCESS WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality operating under a charter adopted pursuant to Article XX of the Colorado Constitution and vested with the authority by that article and the Colorado Revised Statutes to adopt ordinances for the regulation of land use and planning; and WHEREAS, pursuant to this authority, the Wheat Ridge City Council ("Council") previously adopted local land use regulations, codified as Chapter 26 of the Wheat Ridge Code of Laws ("Code"); and WHEREAS, Code Section 26-711 regulates the location and features of billboards within the City; and WHEREAS, said Section 26-711 imposes a limitation on the maximum number of billboards that may be located in the City, but fails to specify how the City will administer billboard vacancies as they come available; and WHEREAS, the Council finds and determines that it is necessary and desirable to amend Code Section 26-711 to include a process by which the City will administer billboard vacancies in a manner that is reasonable, equitable and consistent, as further set forth herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-711 of the Code, concerning billboard specifications and regulations, is hereby amended by the addition of a new subsection D., to read in its entirety as follows: D. PROCESSING OF BILLBOARD VACANCIES - 1 . ACANCIES_ 1. AN EXISTING BILLBOARD WILL BE CONSIDERED ABANDONED, CREATING A BILLBOARD VACANCY, UNDER THE FOLLOWING CIRCUMSTANCES: a. THE OWNER OF THE BILLBOARD OR THE PROPERTY UPON WHICH IT IS LOCATED FILES WRITTEN NOTICE OF ITS INTENT TO ABANDON THE BILLBOARD WITH THE DIRECTOR OF COMMUNITY DEVELOPMENT. IN THIS EVENT, THE CITY MAY BEGIN TO PROCESS THE PENDING VACANCY, AS SET FORTH IN THIS SUBSECTION D., PRIOR TO THE REMOVAL OF THE BILLBOARD. IT SHALL BE UNLAWFUL FOR AN OWNER TO FAIL TO REMOVE A BILLBOARD AS SPECIFIED IN A NOTICE OF INTENT TO ABANDON FILED HEREUNDER. A BILLBOARD EXISTING AFTER THE DATE OF ITS ABANDONMENT SHALL BE AND IS HEREBY DECLARED A NUISANCE, AS DEFINED BY SECTION 15-4 OF THIS CODE, AND SHALL BE SUBJECT TO THE ABATEMENT AND OTHER ENFORCEMENT REMEDIES AND PENALTIES SET FORTH UNDER ARTICLE II OF CHAPTER 15 OF THIS CODE. b. A BILLBOARD IS REMOVED, PROVIDED HOWEVER THAT A BILLBOARD MAY BE TEMPORARILY REMOVED AND RE- LOCATED, UNDER THE FOLLOWING CONDITIONS: THE OWNER OF THE BILLBOARD OR THE PROPERTY UPON WHICH IT IS LOCATED HAS FILED WRITTEN NOTICE OF ITS INTENT TO TEMPORARILY REMOVE THE BILLBOARD WITH THE DIRECTOR OF COMMUNITY DEVELOPMENT, WHICH NOTICE SHALL INCLUDE THE PURPOSE FOR THE TEMPORARY REMOVAL AND A PROJECTED TIMELINE TO RE -LOCATE THE BILLBOARD; THE BILLBOARD IS PROPOSED TO BE REMOVED TO PERFORM STRUCTURAL UPGRADES, MODIFICATIONS OR ANOTHER PURPOSE APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR; iii. THE BILLBOARD WILL BE RE -LOCATED ON THE SAME PROPERTY IN SUBSTANTIALLY THE SAME LOCATION, AS DETERMINED BY THE COMMUNITY DEVELOPMENT DIRECTOR IN HIS OR HER SOLE DISCRETION; iv. THE TIME THE BILLBOARD IS REMOVED SHALL NOT EXCEED ONE HUNDRED EIGHTY (180) DAYS; v. THE COMMUNITY DEVELOPMENT DIRECTOR HAS ISSUED PRIOR WRITTEN APPROVAL OF THE TEMPORARY REMOVAL; AND vi. ALL REQUIRED BUILDING PERMITS, LICENSES OR OTHER APPROVALS NECESSARY TO LAWFULLY 2 REMOVE THE BILLBOARD HAVE BEEN OBTAINED PRIOR TO REMOVAL. c. FAILURE TO COMPLY WITH ANY OF THE CONDITIONS UNDER WHICH TEMPORARY REMOVAL IS PERMITTED UNDER SUB- PARAGRAPH 1.13. ABOVE. 2. WHENEVER AN ABANDONMENT OR OTHER EVENT RESULTS IN FEWER THAN THE MAXIMUM PERMITTED NUMBER OF BILLBOARDS TO BE LOCATED WITHIN THE CITY, THE CITY SHALL DECLARE THAT A VACANCY EXISTS AND PUBLISH NOTICE OF THE VACANCY ON THE CITY'S WEBSITE AND POST SUCH NOTICE AT THE CITY'S OFFICIAL POSTING PLACES. THE DETERMINATION AND DECLARATION OF A VACANCY SHALL BE IN THE CITY'S SOLE AND ABSOLUTE DISCRETION. THE NOTICE OF VACANCY SHALL PROVIDE THAT INTERESTED PARTIES MUST FILE A PRELIMINARY APPLICATION WITH THE CITY WITHIN THIRTY (30) DAYS OF THE DATE OF NOTICE. 3. THE CITY SHALL ACCEPT PRELIMINARY APPLICATIONS FROM INTERESTED PARTIES FOR THIRTY (30) DAYS FROM THE DATE OF THE NOTICE OF VACANCY. PRELIMINARY APPLICATIONS MUST INCLUDE, AT A MINIMUM, THE FOLLOWING INFORMATION: a. A LETTER OF INTENT FROM THE APPLICANT; b. THE PROPOSED LOCATION OF THE BILLBOARD, INCLUDING EITHER PROPERTY ADDRESS OR ASSESSOR PARCEL ID, AND c. WRITTEN PERMISSION OF THE PROPERTY OWNER TO LOCATE THE BILLBOARD, IF THE PROPERTY OWNER IS NOT THE NAMED APPLICANT. 4. THE COMMUNITY DEVELOPMENT DIRECTOR WILL DETERMINE WHETHER PRELIMINARY APPLICATIONS ARE COMPLETE AND PROPOSED LOCATIONS ARE ELIGIBLE PURSUANT TO CHAPTER 26 OF THE CODE OF LAWS. 5. IN THE EVENT MORE THAN ONE COMPLETE AND ELIGIBLE PRELIMINARY APPLICATION IS TIMELY FILED, THE CITY SHALL SELECT ONE PRELIMINARY APPLICATION TO CONTINUE PROCESSING BY LOTTERY. ALL POTENTIAL APPLICANTS IN THE LOTTERY SHALL BE NOTIFIED OF THE TIME AND PLACE THAT LOTS SHALL BE DRAWN AND MAY ATTEND AND OBSERVE THE PROCESS. IF THE CITY DOES NOT RECEIVE ANY PRELIMINARY 3 APPLICATIONS WITHIN THE INITIAL THIRTY (30) DAY RESPONSE PERIOD, THE CITY SHALL MAINTAIN THE NOTICE OF VACANCY ON THE CITY'S WEBSITE. THE NOTICE OF VACANCY SHALL BE AMENDED TO REFLECT THAT THE INITIAL RESPONSE PERIOD HAS LAPSED AND THAT PRELIMINARY APPLICATIONS WILL NOW BE ACCEPTED AND PROCESSED BY THE CITY IN THE ORDER RECEIVED. IF MORE THAN ONE PRELIMINARY APPLICATION IS THEREAFTER RECEIVED BY CITY ON THE SAME DATE, THE LOTTERY PROCESS SET FORTH ABOVE SHALL BE USED TO SELECT ONE APPLICATION TO CONTINUE PROCESSING. 6. THE SOLE OR SELECTED APPLICANT MUST FILE A COMPLETE BUILDING PERMIT APPLICATION WITHIN ONE HUNDRED EIGHTY (180) DAYS OF: a. THE DATE THE APPLICANT IS SELECTED BY LOTTERY, IF SO SELECTED; b. THE EXPIRATION OF THE INITIAL THIRTY (30) DAY RESPONSE PERIOD IF THE APPLICANT IS THE ONLY PARTY THAT HAS FILED A TIMELY LETTER OF INTENT; OR c. THE DATE OF THE APPLICANT'S PRELIMINARY APPLICATION IF SUBMITTED AFTER THE INITIAL THIRTY (30) DAY RESPONSE PERIOD, PROVIDED, HOWEVER, THAT THE COMMUNITY DEVELOPMENT DIRECTOR MAY AUTHORIZE AN EXTENSION OF NOT MORE THAN ONE HUNDRED EIGHTY (180) ADDITIONAL DAYS UPON A SHOWING BY THE APPLICANT THAT IT IS MAKING SUBSTANTIAL PROGRESS TOWARDS FILING A COMPLETE APPLICATION, AS DETERMINED BY THE DIRECTOR IN HIS OR HER SOLE AND ABSOLUTE DISCRETION. 7. AN APPLICANT'S FAILURE TO MEET DEADLINES OR TO TIMELY FILE MATERIALS AND INFORMATION NECESSARY TO COMPLY WITH THE PERMIT PROCESS, AS DETERMINED BY THE COMMUNITY DEVELOPMENT DIRECTOR IN HIS OR HER SOLE AND ABSOLUTE DISCRETION, SHALL RESULT IN THE REJECTION OF HIS OR HER APPLICATION AND THE GENERATION OF A NEW NOTICE OF VACANCY, IN ACCORDANCE WITH PARAGRAPH (2) ABOVE. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this 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 ordinances in conflict with the provisions of this Ordinance are hereby repealed. 12 Section 3. Effective Date. This Ordinance shall take effect upon adoption and signature of the Mayor, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to on this 26th day of September, 2016, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for October 10, 2016, at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2016. SIGNED by the Mayor on this day of Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form 2016. Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us 1.1 J -�n /a. • City of W heat -Midge COMMUNITY DEVELOPMENT Memorandum TO: Mayor and City Council FROM: Kenneth Johnstone, Community Development Director Lisa Ritchie, Planner II THROUGH: Patrick Goff, City Manager DATE: July 22, 2016 (for August 1, 2016 study session) SUBJECT: Potential amendments to billboard regulations ISSUE: The City's billboard regulations are located in Article VII of Chapter 26 in the City Code, specifically Sec. 26-711. Billboards; specifications and regulations. Supporting regulations are located throughout Article V11. In the past ten years, there have been modifications to the review and approval policies, but there have not been substantial changes to the provisions in the code. On June 1, 2015, City Council held a study session to discuss revising the adopted billboard vacancy policy. At that time, City Council supported implementation of an amended administrative policy to handle billboard vacancies. City Council further directed staff to prepare an ordinance to codify the policy. The purpose of this study session is to confirm the intent of City Council. In addition to the vacancy policy, this memo will raise additional possible areas for amendments to the sign code. BACKGROUND: The City defines a billboard as: Any sign in excess of f fh (50) square feel 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. Currently, billboard regulations include provisions for height and size, separation requirements, design, setbacks, permitted location, and maximum number of sixteen permitted. The billboard section of the code, Sec. 26-711, is included as an attachment to this memo. For additional assistance in Council's discussion of potential amendments, a map and photo exhibit of existing billboards in the City is provided. Staff Memo — Billboards August 1, 2016 Page 2 HEIGHT Staff periodically receives requests from billboard industry representatives regarding an increase to the permissible height for billboards. Staff seeks direction from City Council as to whether the current height regulation is appropriate. Currently, the maximum height allowed for billboards in the City is 32 feet. This is measured from the base of the billboard structure. Some communities measure height starting from the elevation of the adjacent roadway where the billboard is oriented. A search of the Land Use Case Log identifies that 6 of the 15 existing billboards in the City have approved variances for height. The approved heights range between 35 feet and 50 feet. All the variances requested additional height due to lack of visibility from the roadway surface, because of existing trees and/or elevated roadways adjacent to the billboard location. Table 1. Comparison of Permitted Billboards and Permitted Heights SIGN CODE MODERNIZATION In addition to the billboard provisions as part of the sign code, staff anticipates a revision to the sign code as a whole with the following purposes: - The sip code should be revised in response to a recent United States Supreme Court decision, specifically Reed v. Gilbert, in which the court held that non-commercial signage should be content neutral to a greater extent than how most communities currently regulate. Staff has done preliminary research on this, but due to other priorities, it has not yet advanced to a study session agenda for Council discussion. - The complete sign code has also been targeted for a modernization update. This could include revisions to current standards for all signs, commercial and non- commercial signs, business districts, and wayfinding. PROCESSING OF BILLBOARD VACANCIES On June 1, 2015, City Council held a study session to provide direction to staff regarding the administrative policy for processing billboard vacancies. This policy is in effect, and including all or portions of it within the code is under consideration. The policy includes provisions for the determination of billboard vacancies, notice and posting requirements, application requirements, and certain selection criteria. This code update would codify this policy. The rationale for the amended policy is discussed in the June 2015 staff memo, which is attached. The policy is as follows: 2 Wheat eArvada Ridge Denver Golden Lakewood Northglenn JeffCo Adams County Billboards Yes Yes Yes No No Yes No Yes Permitted Permitted 32 feet 25 feet 45 feet -- -- 60 feet -- 40 feet Height SIGN CODE MODERNIZATION In addition to the billboard provisions as part of the sign code, staff anticipates a revision to the sign code as a whole with the following purposes: - The sip code should be revised in response to a recent United States Supreme Court decision, specifically Reed v. Gilbert, in which the court held that non-commercial signage should be content neutral to a greater extent than how most communities currently regulate. Staff has done preliminary research on this, but due to other priorities, it has not yet advanced to a study session agenda for Council discussion. - The complete sign code has also been targeted for a modernization update. This could include revisions to current standards for all signs, commercial and non- commercial signs, business districts, and wayfinding. PROCESSING OF BILLBOARD VACANCIES On June 1, 2015, City Council held a study session to provide direction to staff regarding the administrative policy for processing billboard vacancies. This policy is in effect, and including all or portions of it within the code is under consideration. The policy includes provisions for the determination of billboard vacancies, notice and posting requirements, application requirements, and certain selection criteria. This code update would codify this policy. The rationale for the amended policy is discussed in the June 2015 staff memo, which is attached. The policy is as follows: 2 Staff Memo — Billboards August 1, 2016 Page 3 A billboard will be considered abandoned and a billboard vacancy will exist under the following circumstances: a. Property owner or billboard structure owner notifies the Community Development Department of its intent to abandon a billboard structure. b. Billboard structure is removed, provided however that temporary billboard removal is allowed, as,follows: i. Property owner or billboard structure owner has notified the Department of intent to temporarily remove billboard; ii. Billboard is being temporarily removed to allow for structural upgrades or other modifications approved by the Community Development Director; iii. Billboard will be replaced on the same property in substantially the same location, as determined at the sole discretion of the Community Development Director,- iv. irector;iv. Billboard removal shall not exceed 180 days; v. Written approval from Community Development Director has been received; and vi. Required building permits have been obtained prior to removal. c. Failure to comply with above provisions,for temporary removal of a billboard structure 2. Once abandoned, leaving fewer than the maximum of 16 allowable billboards, or at any other time the City at its sole discretion determines that less than 16 billboards, as defined by the Code of Laws, exist within the City, a vacancy would occur. 3. The City, acting through the Community Development Director, is the sole entity allowed to determine that a vacancy has occurred 4. Having made determination that a vacancy exists, the City would provide a 30 -day notice and posting period for preliminary applications for location of a new billboard to be submitted. Notice will be posted on the City's website and other official locations for public posting as established by the City. S. No more than one application will be accepted for each property address. Preliminary applications shall include the following information: a. Letter of intent from applicant, either property owner or billboard company b. Proposed location, including either property address or Assessor Parcel ID; and c. Written permission of the property owner, if the owner is not the applicant. 6. The City, acting through the Community Development Director, will determine whether applications are complete and proposed locations are eligible pursuant to Chapter 26 of the Code of Laws. 7. In the event more than one eligible application is received a random drawing will be conducted and the selected applicant will have 180 days to submit a complete building permit application; provided, however, that the Community Development Director may authorize an extension of not more than 180 days.for just cause, and provided that the applicant can demonstrate substantial progress toward obtaining required state and local permits. 3 Staff Memo — Billboards August 1, 2016 Page 4 8. If the selected applicant failed to submit a complete building permit application within 180 days, or an authorized extended deadline, the City would declare the vacancy open and again invite preliminary applications pursuant to Step 4 above. RECOMMENDATIONS: Staff recommends Council select one of the following options: Option A. Advance an ordinance to codify the billboard policy, and address all other sign standards, including billboard standards, at a later date as part of a sign code modernization effort. Option B. Advance an ordinance to codify the billboard policy and revise other standards for billboards, and address a sign code modernization effort at a later date. Option C. Direct staff to proceed on revisions to the sign code as a whole, including Reed v. Gilbert provisions, the billboard vacancy policy and other billboard standards, and revisions to all sign standards as part of a modernization process. If this option is selected, staff would like direction on Council's preference for a public process, if any. ATTACHMENTS 1. Billboard location map and photo inventory 2. Section 26-711. Billboards. Specifications and regulations 3. June 2015 Study Session Memo 2 Mm C J C a C► C .. C C 00 «c• y G. E d " Q vy E ^ C ° OE ti 3 � 3 O I O^ �= 00 JnE N w `C ``V.. 1.} V C J C a C► C .. C C 00 cc ti I 1"1 ``V.. 1.} V 00 �.Q .. 11 4 T E.. R a, L 72 PC z 3 eG Lt O =► o v T E.. Sec. 26-711. - Billboards; specifications and regulations. A. General provisions. For the purpose of this subsection, the city is divided into two (2) billboard districts, B-1, and B- 2, as shown on the official billboard zoning map of the city and incorporated herein as seen below. M`1 WX"hAVII in R -s FIGURE M711.1 Official Billboard Zoning Map 2. Billboard structures are allowed in the city as provided by this section; provided, that any billboard proposed to be located, relocated or rebuilt within six hundred sixty (660) feet of the right-of-way line of any state or federal highway is additionally approved by the state in writing and that such written approval is made available to the department of community development. 3. Setbacks shall be as required for a principal structure in the zoning district where located. 4. Roof billboards are not allowed. 5. All new billboards shall be of the pedestal type, unless prohibited by soil conditions as certified by a professional engineer. 6. Existing billboards are to be maintained in a neat and safe condition; provided, that no existing billboard may be rebuilt or replaced except in conformance to these regulations; and provided, that when, in the opinion of the building inspector, the safety of an existing billboard is questionable, the billboard owner shall either remove the billboard within thirty (30) days of notification or shall furnish a certificate from a Colorado -registered professional engineer with a specialization in civil, structural or mechanical engineering certifying to its safety. B. B-1 district. On and after January 1, 1996, billboards are prohibited in the B-1 district. C. B-2 district. Attachment 2 Page 1 1. Maximum number allowed is sixteen (16); provided, that existing billboards located within the B- 1 district may be relocated to the B-2 district regardless of the maximum number. 2. Maximum size equals seven hundred fifty (750) square feet. 3. Setbacks shall be as required for a principal structure in the zoning district where located. 4. Maximum height shall be thirty-two (32) feet. 5. Length shall not exceed three and one-half (3Yz) times the height. 6. No new billboard may be located closer than six hundred (600) feet to any other billboard facing in the same direction on the same roadway as defined by roadway name or number. 7. Nonconforming billboards are subject to the provisions of section 26-707A. hereof. (Ord. No. 2001-1215, § 1. 2-26-01; Ord. No. 1288, §§ 1, 2, 5-12-03) Page 2 Y City Of Wheat ,dge COMMUNITY DEVELOPMENT Memorandum TO: Mayor and City Council FROM: Kenneth Johnstone, Community Development Director THROUGH: Patrick Goff, City Manager DATE: May 26, 2015 (for June 1 Study Session) SUBJECT: Billboard vacancy policy ISSUE: Chapter 26, Article VII regulates all signs in the City. Section 26-711 applies specifically to billboards, which the City allows, with certain restrictions and regulations. This section imposes various substantive requirements on permissible locations for billboards, including, by way of summary, the following: • Maximum number allowed is 16 and only located in the B-2 district, which generally includes only areas north of 1-70 • Maximum size of 750 square feet • Maximum height of 32 feet • Not located within 600 feet of another billboard While placing a maximum limit on the number of billboards at 16, the code does not establish any policy or procedures for how to process billboard vacancies, when and if those occur. The purpose of this memo is to review with City Council options for handling and processing situations where the number of billboards drops below the maximum allowance of 16. PRIOR ACTIONS: Current billboard regulations were adopted in 1991. In November 2005, in anticipation of a billboard vacancy occurring in December 2005, City staff, working with the City Attorney, drafted a policy memorandum (October 17, 2005 memo) (attached) establishing protocol for processing billboard applications when the number in existence drops below the maximum of 16. A lottery was conducted in December 2005 and a billboard permit was awarded to construct a new billboard. Ultimately, the City was sued over the manner in which the lottery was conducted. Generally, the courts upheld the policies and procedures established in the October 17, 2005 memorandum, with some minor exceptions. Attachment 3 Study Session Memo — Billboard Policy Page 2 June 1, 2015 Modifications to Chapter 26-711 were considered by City Council in 2008, which, among other things, would have codified a procedure for handling billboard vacancies. That ordinance was not adopted by City Council and no changes were made to the 2015 policy. FINANCIAL IMPACT: None BACKGROUND: As noted above, the City has some history handling the situation that occurs when the number of billboards in the City drops below the maximum of 16, hereafter referred to as a "billboard vacancy". While that 2005 policy has generally been upheld by the courts, staff finds some aspects of the policy awkward to enforce. As will be discussed later in this memo, there is the potential for additional vacancies to occur in the near term, and as a result, staff is requesting direction from City Council to formalize the procedures and protocol for handling these likely upcoming vacancies. Item number 3 and 5 in the October 2005 memo establish that the billboard permit expires when an underlying lease expires and a vacancy occurs at midnight on the last day of the lease. Item 6 in this memo further establishes that at 8 am on the following day, The Planning (Community Development) Department accepts application(s). Finally, it establishes that applications will be reviewed in the order received and if two or more are received at the same time, a lottery drawing will be conducted. There are several aspects to the above policy that staff has found awkward and challenging to implement: • The triggers for establishing vacancies are based on the terms of leases between two private parties, to which the City is not a party. If those parties make the City aware of a pending lease expiration, the City may have an ability to prepare for a vacancy. However,, if those parties choose not to notify the City, staff might not be aware of a vacancy until 8 am on the day following the vacancy, placing them in a very reactionary mode, as was the case in December 2005. • Typically in the City, land use rights are considered property rights, and run with the land, versus a more transitory leasehold right between private parties. By way of example the City recently placed limitations on the maximum number of certain marijuana establishments and within the ordinance established that as a property right and created a two-step process for handling and processing vacancies, should they occur. • In 2005, when the last billboard lottery occurred, the first application selected in the drawing was rejected for not being complete and having substantive inaccuracies. The second application was then approved and the owner of the first application filed suit against the City. • In the recently adopted marijuana regulations, the City established a simple four -step process for handling vacancies: 1. The City at its sole discretion determines the presence of a vacancy. 2 Study Session Memo — Billboard Policy Page 3 June 1, 2015 2. The City publishes notice of the vacancy, with a 30 -day deadline for applications to be submitted. Application submittal requirements are listed and are fairly basic. 3. Applications are reviewed for completeness and site eligibility. If only one eligible application is submitted, it would then move forward for more detailed processing. 4. If multiple applications are made, a random drawing occurs and the selected applicant is then allowed a period of time to submit the more detailed information. Staff has recently been made aware of two situations where billboard vacancies may be occurring in the near future. 1. A lease term is expiring for an existing billboard on July 1, 2015, which under the existing policy, would create a vacancy and a potential application/lottery process. 2. Staff has received correspondence from a billboard sign company, arguing that two of the existing 16 billboards, in their opinion, do not meet the City's definition of a billboard and therefore the City currently has two vacancies. That company has also submitted an application for a billboard permit. Staff has not yet substantively responded to this company, awaiting discussion with City Council on the policy regarding vacancies. The billboard permit application has not been processed. Staff will provide more substantive input on this matter during the June 1 study session. RECOMMENDATIONS: As summarized above, staff believes the existing policy regarding billboard vacancies can be improved. Staff believes it is possible to create a better policy, similar to how vacancies are handled in the recently adopted (2015) marijuana regulations. This approach would put the City in a less reactionary mode, and would create a process that is reasonable, systematic and fair for all parties — property owners, sign companies and staff. In summary, the proposed policy would include the following provisions: 1. A billboard would be considered abandoned under the following circumstances: a. Billboard removed without first securing a building permit for its removal b. Temporary removal exceeds 180 days (temporary removals would be permitted to allow for upgrades to occur to existing billboards, provided prior City approval is received) c. Property owner notifies the Community Development Department of its intent to abandon a billboard structure d. Failure to notify the Department of an intent to temporarily remove a billboard structure 2. Once abandoned, leaving fewer than the maximum of 16 allowable billboards, a vacancy would occur. 3. The City would be the sole entity allowed to determine that a vacancy has occurred. 4. Having made determination that a vacancy exists, the City would provide a 30 -day notice and posting period for preliminary applications to be submitted. 5. In the event more than one application is received, a random drawing would occur and the selected applicant would be given a longer period of time to provide the detailed Study Session Memo - Billboard Policy Page 4 June 1, 2015 information required for the application. 6. If the selected applicant failed to provide the required details for their application within the permitted time, the City would declare the vacancy open and again invite preliminary applications. Options: Option A. If City Council is supportive of the above process, staff would propose implementation of this approach as an administrative policy in short order. This would become the process used to consider filling any upcoming vacancies, including those that may occur in the near term. Under the Code, staff does have the administrative authority to adopt policies to carry out the intent of the Code, as was done in the 2005 policy. These policies would be enforceable. Option B. City Council could consider updating the municipal code, by an ordinance that would formalize this or another process for handling billboard vacancies. Option C. Council could take no action, whereby the existing 2005 memo would continue to be enforced. Vacancies would occur at midnight on the day a billboard lease expires and is not renewed between two parties, and applications would be received beginning at 8 am the next business day. ATTACHMENTS: 1. October 17, 2005 memorandum regarding billboard regulations 2. November 21, 2005 memorandum regarding billboard submittal requirements 4