HomeMy WebLinkAbout9-25-23 - Study Session Agenda PacketSPECIAL STUDY SESSION AGENDA
CITY COUNCIL
CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO September 25, 2023
6:30 pm
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Public Comment on Agenda Items
1. Billboard Regulations and Proposed Amendments
2. Staff Report(s)
3. Elected Officials’ Report(s)
Memorandum
TO: Mayor and City Council THROUGH: Patrick Goff, City Manager FROM: Lauren Mikulak, Community Development Director DATE: September 15, 2023 (for September 25 study session) SUBJECT: Billboard Regulations & Proposed Amendments
ISSUE Since 1991, the City Code has allowed up to 16 billboards. In 2007, the definition of a billboard was revised to include that it must be “oriented to the interstate highway.” Based on that code change, a determination was made in 2015 that two signs previously considered billboards were
no longer because they were too far from the highway. This resulted in two billboard vacancies. One was filled quickly, but the second has yet to be filled after a series of unsuccessful lottery processes. The most recent lottery process resulted in an appeal from the applicant to the Board of Adjustment, District Court, and Colorado Court of Appeals. The appeal is based on the ambiguity of what it means to be “oriented to the interstate highway.”
Based on lessons learned over the last eight years, staff is recommending that the billboard code be amended to reduce the maximum number of billboards allowed in Wheat Ridge from 16 to 15 and to establish a maximum distance allowed between a billboard and the highway.
BACKGROUND
Legislative History and Current Code. Regulations pertaining to billboards are entirely contained within Article VII of Chapter 26 (referred to as the “Sign Code”). The definition of a billboard appears in Section 26-702
(Definitions) and all other billboard-related regulations are located within Section 26-712
(Billboards; specifications and regulations). The City’s current approach to billboard regulation dates to 1991. Periodic updates have occurred, and key dates related to billboards are summarized below. The regulatory approach to
billboards has not changed significantly over the last 30 years.
1991 Prior to 1991, billboards were allowed throughout the City. Ordinance 860 revised the sign code to establish two billboard districts with a maximum of 16 billboards. Existing billboards outside the two districts were amortized, or phased out, by
1996. The original draft ordinance also proposed a maximum distance of 660 feet
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(1/8 mile) from the highway, but this was not included in the final ordinance. Of note, the state’s purview is billboards within 660 feet of a state or federal highway.
2005 A process was established by policy for filling billboard vacancies through a lottery system. One vacancy existed at the time. This process was challenged in the court system with the City prevailing.
2007 Ordinance 1396 updated the definition of a billboard to include that the sign had to
be “oriented to the interstate highway.” A proposed code amendment also contemplated amortizing all billboards, allowing existing billboards to stay in place but not be reconstructed, but this change was not enacted.
2016 Ordinance 1610 codified the lottery process which until this point existed only as a
policy. The process includes a public notice, preliminary application, lottery selection, then building permit submittal. Recent Vacancies and Appeal
While the early 2000s included a variety of minor code and policy changes related to billboards,
the physical locations of billboards in the B-2 district have actually remained relatively unchanged over the years. Since 1991, the maximum number of billboards allowed in the City has been 16. Figure 1 below shows the billboard locations as inventoried in 2007.
Figure 1. Billboard Inventory, 2007
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In 2015, after the definition of a billboard was modified, an outdoor advertising company contacted the City contending that the two billboards located on Ward Road (locations 1 and 2 at
the far northwest portion of Figure 1) should not be classified as billboards. The City agreed that
the two billboards located at 4800 and 4990 Ward Road were too far away to reasonably be considered “oriented to the interstate highway.” This decision removed the two signs from the billboard inventory and dropped the total number of existing billboards to 14. This resulted in two billboard vacancies, and filling those two vacancies has been a challenge since then.
The two vacancies created by the 2015 interpretation resulted in a series of lotteries in 2015, 2017, 2018, 2019 and 2022. One of the vacancies was filled in 2016 by a new billboard at 6065 W. 48th Avenue. The second vacancy has yet to be filled because of several ineligible or withdrawn applications.
Most recently, in February 2022, staff declared a billboard vacancy and posted such vacancy as required by the Code. Two preliminary applications were received for two different locations: 11301 W. I-70 Frontage Road North and 4990 Kipling Street. Staff determined that 4990 Kipling was not an eligible location. The same determination of ineligibility had been made for the same
address in prior lottery years based on the definition of a billboard, and staff’s determination that
4990 Kipling did not meet the definition of being “oriented to the interstate highway.” In September 2022, an appeal of such determination was submitted to the Board of Adjustment (the BOA) who heard the appeal in October 2022. The applicant’s appeal was not approved by
the BOA, and the applicant subsequently made an appeal to Jefferson County District Court. The
District Court decision affirmed the BOA/staff determination. The applicant filed an appeal to the Colorado Court of Appeals, and as of the writing of this memo it is still pending. Proposed Code Amendment
This multi-year effort to fill a vacancy and the most recent lottery process are the basis for the
proposed code amendment. The proposed code amendment addresses three main topics: 1. Establish a maximum distance between billboards and the highway in the code – The recent appeal is based largely on ambiguous language regarding what it means for a
billboard to be “oriented to an interstate highway.” The City’s 15 existing billboards are
all within 250 feet of the highway. Establishing a maximum distance between a billboard and the highway would eliminate the ambiguity of the phrase “oriented to” and would provide significantly more clarity for staff and applicants.
The Colorado Department of Transportation (CDOT) enforces state and federal
regulations related to billboards that are within 660 feet of highway right-of-way. This distance was recommended in 1990, but not codified and local zoning can establish a different and more restrictive dimensional standard.
Based on land use patterns, the local street grid, and the locations of existing billboards,
staff recommends that all new billboards be required to be located within 250 feet of the highway.
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For context, Figure 2 below shows in yellow the locations of the City’s 15 existing billboards, all of which are fairly close to the highway. The figure also shows in red the
billboard locations that have been deemed ineligible or not oriented to the highway; they
are all notably further away ranging from 700 to 3,000 feet from the highway.
2. Consider reducing the cap from 16 to 15 – Staff and applicants have, to no avail, been trying to fill a single billboard vacancy since 2015. In addition to local zoning regulations, all billboards are subject to the Highway Beautification Act of 1965 and applicable state and federal regulations. After a lottery application is approved by the
City and prior to building permit issuance, an applicant must obtain approval from CDOT
whose eligibility requirements include certain size, spacing and lighting requirements. State statutes enforced by CDOT also require that billboards may only be located on parcels that were zoned commercially or industrially in 1970.
In combination and based on the experience of the last eight years, it appears that the
state’s separation and zoning requirements preclude the ability to site a 16th billboard in Wheat Ridge. By way of example, Figure 2 shows a green dot for the billboard location selected in the February 2022 lottery. That applicant recently notified staff that the location cannot meet CDOT requirements.
Based on these experiences and the layers of regulations, staff are recommending that the codified maximum number of billboards be reduced from 16 to 15. To leave the quota at 16 and routinely repeat the lottery process is an inefficient use of staff and applicant resources.
Figure 2. Billboard Inventory, September 2023
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3. Clarifications – Several minor clarifications are recommended to be codified based on the pattern of questions received over the last decade. These clarifications address the
following:
a. The specific method by which setbacks are measured. b. The specific method by which height is measured. c. The standards associated with V-shaped billboards. Most billboards in the City are already double-sided, and it is customary to include a maximum angle for a
double-sided billboard that is V-shaped.
d. The site plan requirement for a lottery submittal. This change would be necessary if the first recommendation is advanced to affirm a proposed billboard location is within 250 feet of the highway.
A redline version of the proposed billboard code changes is attached.
DISCUSSION The purpose of the study session on September 25, 2023, is to seek Council consensus on the proposed code amendments.
Attachments 1. Redline of Proposed Code Changes
ATTACHMENT 1
Attachment 1 – Sign Code Excerpts
This attachment shows the existing code provisions related to billboards. Proposed additions are shown in red.
Explanatory notes are provided in bracketed italics.
Sec. 26-702. Definitions.
[…]
Billboard. Any sign in excess of fifty (50) square feet in size oriented to the interstate highway utilized to
advertise a product or service that is not produced or conducted on the same property as the sign.
[…]
Sec. 26-712. Billboards; specifications and regulations.
A. General provisions.
1. 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.
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. Setbacks are
measured perpendicularly from the property line to the leading edge of the billboard or structure,
whichever is closest. [This change provides needed clarity on the method of measurement.]
4. Roof-mounted Rooftop billboards are not allowed.
ATTACHMENT 1
[This change is consistent with other terms in the code.]
5. All new billboards shall be of the pedestal type, unless prohibited by soil conditions as certified by a
professional engineer. As used herein, “pedestal” type signs are freestanding signs supported by one or
more columns, poles, or support structures. [This change provides needed clarity.]
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 Chief Building Official 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.
[This provision is no longer relevant as all billboards in B-1 were amortized by 1996.]
C. B-2 district.
[This B-1/B-2 distinction is no longer relevant; the regulations above and below apply to all billboards.]
7 1. Maximum number of allowed billboards within the City is fifteen (15) sixteen (16); provided, that
existing billboards located within the B-1 district may be relocated to the B-2 district of the maximum
number. [Staff is recommending a reduction in the number of billboards allowed.]
8 2. Maximum size for a single-sided, two-sided, or V-shaped sign with an angle of less than sixty (60)
degrees shall not exceed equals seven hundred fifty (750) square feet per sign face. For V-shaped signs
with greater than a 60-degree angle, the combined size of both sign faces shall not exceed 750 square
feet and the total length of both sign faces shall not exceed six (6) times the height of the sign face.
[Most, if not all, existing billboards are V-shaped, and this change provides needed clarity.]
9. Any new billboard shall be located within two-hundred and fifty (250) feet of the highway, excluding
on- and off-ramps and measured radially from the leading edge of the billboard to the closest edge of
the highway right-of-way line.
[Staff is recommending a maximum distance to clarify the ambiguous language regarding what it
means for a billboard to be “oriented to an interstate highway.”]
3. Setbacks shall be as required for a principal structure in the zoning district where located.
[This is a duplicate of provision A.3 above.]
10 4. Maximum height to the highest point of the billboard shall not exceed be thirty-two (32) feet.
[This change provides needed clarity.]
11 5. Length of the sign face shall not exceed three and one-half (3½) times the height of the sign face.
[This change provides needed clarity.]
12 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.
13 7. Nonconforming billboards are subject to the provisions of section 26-707A. hereof.
BD. 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 Bd., 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,
ATTACHMENT 1
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:
(1) 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;
(2) The billboard is proposed to be removed to perform structural upgrades, modifications or
another purpose approved by the community development director;
(3) 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;
(4) The time the billboard is removed shall not exceed one hundred eighty (180) days;
(5) The community development director has issued prior written approval of the temporary
removal; and
(6) All required building permits, licenses or other approvals necessary to lawfully 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
subparagraph 1.b., 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. A scaled and dimensioned site plan showing the location of the proposed billboard structure and
showing compliance with the distance requirement of subsection A.9 above; and
[This would be necessary as part of the preliminary application if a code the code is amended to
include a maximum distance between a billboard and the highway.]
dc. 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-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
ATTACHMENT 1
now be accepted and processed by the city in the order received. If more than one (1) preliminary
application is thereafter received by city on the same date, the lottery process set forth above shall be
used to select one (1) 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-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-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.
(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1288, §§ 1, 2, 5-12-03; Ord. No. 1610 , § 1, 10-10-16; Ord. No. 1641 , §
11, 4-23-18)