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Home My WebLink About05/01/2008 - ary of ]~WheatRidge PLANNING COMMISSION AGENDA May 1, 2008 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on May 1, 2008, at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of GYheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a rneeting if you are interested in participating and need inclusion assistance. 1. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 5. APPROVAL OF MINUTES - March 20, 2008 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) PUBLIC HEARING A. Case No. ZOA-08-02: An ordinance conceming the permitted locations of bail bonds businesses, and in connection therewith, amending certain sections of Chapter 26 of the Wheat Ridge Code of Laws. 8. STUDY SESSION 9. OTHER ITEMS 10. ADJOURNMENT CIfY Of ~WheatPqdge PLANNING COMMISSION Minutes of Meeting March 20, 2008 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair BRINKMAN at 7:03 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29`h Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Anne Brinkman Jim Chilvers Dick Matthews Davis Reinhart Kim Stewart Steve Timms Commission Members Absent: Jerry Scezney Staff Members Present: Ken Johnstone, Community Development Director Sally Payne, Sr. Planner Ann Lazzeri, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA It was moved by Commissioner MATTHEWS and seconded by Commissioner REINHART to approve the order of the agenda. The motion passed unanimously. 5. APPROVAL OF MINUTES - March 6, 2008 It was moved by Commissioner MATTHEWS and seconded by Commissioner STEWART to approve the minutes of March 6, 2008 as presented. The motion passed 5-0 with Commissioner REINHART abstaining and Commissioner SCEZNEY absent. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) There was no one to address the Commission at this time. Planning Commission Minutes 1 March 20, 2008 7. PUBLIC HEARING A. Case No. ZOA-08-01: An ordinance amending Section 26-803 of the Wheat Ridge Code of Laws pertaining to floodplain control. This case was presented by Tim Paranto, Director of Public Works. New floodplain studies for Clear Creek and Lena Gulch have been accepted by the Urban Drainage and Flood Control District. The new studies are scheduled to be adopted by City Council and references in Article VIII of Chapter 26 must be updated. All zoning code revisions inust have a public hearing in front of Planning Commission. In response to a question from Commissioner REINHART, Mr. Paranto explained that houses added to the floodplain would be required to have flood insurance. Those houses removed from the floodplain would not be required to have flood insurance. There are houses that will be removed from the floodplain under the amendment as well as houses that will be added to the floodplain. In response to a question from Commissioner TIMMS, Mr. Paranto outlined some of the stringent requirements for construction in a floodplain area. Chair BRINKMAN asked if there were members of the public who wished to address the Commission. Hearing no response, the public hearing was closed. It was moved by Commissioner MATTHEWS and seconded by Commissioner REINHART that CaseNo. ZOA-08-01, a proposed amendment to Section 26-803.G. of Article VIII, Floodplain Control, of the Wheat Ridge Code of Laws, be forwarded to City Council with a xecommendation of approval for the following reasons: L The proposed legislation adopts the new studies. 2. It will allow the City to administer activities within the correct floodplain boundaries. The motion passed 6-0 with Commissioner SCEZNEY absent. 8. STUDY SESSION A. Neighborhood Revitalization Strategy Ken Johnstone presented this matter. He reviewed the staff report and a digital presentation regarding adoption of the Neighbarhood Revitalization Strategy (NRS) as an amendment to the Comprehensive Plan. The presentation included a complete review of the NRS. This discussion is merely a study session. A public hearing will be held at a future time. Planning Commission Minutes 2 Mazch 20, 2008 In July of 2005, City Council accepted the NRS and established its findings and recommendations as guiding principles for revitalizing the City. Therefore, staff was given informal direction in a January 2008 City Council Study Session to adopt the NRS as a formal amendment to the Comprehensive Plan for reasons outlined in the staff report. A joint work session will be held with the Planning Commission and City Council on Apri121st to discuss a preliminary wark program to update the Comprehensive Plan. Commissioner STEWART commented that she was pleased to see the Orchard District name changed to Fruitdale District. Commissioner REINHART asked if he were conect in understanding that the language in the NRS as an amendment to the`Comp Plan would supersede prior language in other portions of the Comp Plan. Mr. Johnstone stated that this was correct Commissioner REINHART also commented that the current Comp Plan seems to only outline what already exists in the city. Commissioner MATTHEWS commented that he believed adoption of the NRS as an amendment to the Comp Plan would make land use;planning more predictable. In response to a question from Commissioner BRINKMAN, Mr. Johnstone stated that the NRS is a strategic document that is not a Comp Plan. The NRS has portions that make land use and process recommendations. The NRS would be considered an addendum to the Comp Plan. Further, the sub-area plans would always stand alone. Commissioner REINHART asked Mr: Johnstone to clarify the term "aggressive" when describing the document. Mr. Johnstone stated that it is a document that says iYs time to look at where Lhe city is and then be aggressive in taking aduantage of opportunities rather than being passive. Commissioner REINHART stated that he is supportive of this plan. (Chair BRINKMAN declared a recess at 8:21 p.m. The meeting was reconvened at 8:29 p.m.) Mr. Johnstone stated that his staffhas been working with the Wheat Ridge 2020 staff to learn their experience with reaching out to the development community. This has showed that there are still significant obstacles to development that can be better addressed in the code. Some of the issues are contained in the city charter. These are significant issues for the city. It is important to acknowledge that some issues are technical and some are more political and emotional. One example is that the city cannot initiate upzoning. Staff has proposed to look at the issues in a more strategic and systematic way with both short-term and long-term plans of attack. Planning Commission Minutes 3 March 20, 2008 Commissioner MATTHEWS expressed appreciation to the staff for the work involved in this matter and that this is the right direction to take. Commissioner CHILVERS stated that he has attended WR2020 and other meetings over the past few years and one of the obstacles has appeared to be the density issue. Commissioner STEWART stated that the plan overall is good for Wheat Ridge. Some things will face more obstacles. There are a lot of areas that need redoing but some can be upgraded without scraping and redoing: Commissioner BRINKMAN commented that more public education is needed in relation to taxes and revenue that are involved'inrnaking changes. Commissioner STEWART agreed. Mr. Johnstone stated that May 15`v is a target date €or a Planning Commission public hearing to consider adoption of the NRSas part of the Comp Plan. Coinmissioner BRINKMAN suggested that a link to 2he NRS be placed on the city's website. 9. OTHER ITEMS ' There were no other items to come before the Commission. 10. ADJOURNMENT It was moved by Commissioner STEWART and seconded by Commissioner DAVIS to adjourn the meeting at 8:54 p.m. Anne Brinkman, Chair Ann Lazzeri, Secretary Planning Commission Minutes 4 March 20, 2008 oE WHE4T PLANNING COMMISSION m LEGISLATIVE ITEM STAFF REPORT LORAQO MEETING DATE: May 1, 2008 TITLE: AN ORDINANCE CONCERNING THE PERMITTED LOCATIONS OF BAIL BONDS BUSINESSES, AND IN CONJUNCTION THEREWITH, AMENDING CERTAIN SECTIONS OF CHAPTER 26 OF THE CODE OF LAWS CASE NO. ZoA-08-02 Z PUBLIC HEARING ❑ RESOLUTION Z CODE CHANGE ORDINANCE ❑ STUDY SESSION ITEM Case Manager. Ken Johnstone, AICP, Director of Community Development Date of Preparation: May 1, 2008 SUMMARY AND BACKGROUND: In late-2007, Wheat Ridge City Council directed staff to research potential regulations regarding the location of bail bonds businesses within the City. Staff has researched the manner in which other Colorado jurisdictions regulate such businesses from a legal, zoning and police perspective. Based on that research and further direction from City Council at a January 2008 study session, staffhas prepared a draft ordinance that would place specific zoning code limitations on the location of bail bonds businesses. All amendments to Chapter 26 (Zoning and Development) of the Wheat Ridge Municipal Code require consideration by the Planning Commission at a public hearing, with a recommendation to be forwarded to City Council for consideration. Staff has researched the manner in which other Colorado jurisdictions regulate bail bonds businesses from both a licensure and a zoning locational perspective. Staff has also reseazched what other jurisdictions have experienced in regards to the crime rates ar police response calls in proximity to these businesses. Staff was not able to find any examples of other jurisdictions that regulated bail bonds as a distinct zoning category. In regards to licensing requirements, bail bonds businesses are required in Colorado state law to meet state licensure and regulatory requirements. Based on a survey of Colorado Police Chiefs, there is at least anecdotal evidence that bail bonds businesses generate a small number of additional police calls, though staff was not able to generate empirical evidence in support of that proposition. STATEMENT OF THE ISSUES: Based on our research and our understanding of the operational characteristics ofbail bonds businesses, ' staff is recommending amendments to Chapter 26 of the Wheat Ridge Code ofLaws that would lnnit the would limit the locations where bail bonds businesses would be permitted. We base this recommendation on 1) the fact that there is anecdotal evidence of an increase in police response calls and 2) the longer hours of operation (often 24 hours) that bail bonds businesses typically have. Other alternatives that staff considered but that we are not recommending move forward include: 1) the treatment of bail bonds businesses as a special review use under the zoning code; and 2) a local licensing option. Special Review Use Alternative. Staff considered the possibility ofmaking bail bonds businesses a special review use (SRi~ in certain zoning districts. Typical special review uses have variable land use impacts that may require mitigation. In our research of bail bonds, staff did not identify a range of land use impacts that vary among different bail bonds operators. Additional the City Attorney's office believes that the legal defensibility of a legislative (zoning text amendment) restriction on these businesses is less complex than that of a quasi-judicial (case by case SRU review) action. Local LicensinQ Alternative. Staff also considered the possibility of a local licensing option for bail bonds businesses. Staff is not recommending this approach as it would be repetitive of the comprehensive state licensing scheme that already exists. The ordinance as proposed makes 3 principles changes to Chapter 26 of the WR Code. 1. Defines "bail bonds businesses as a business whose primary purpose is to act as a surety to secure the presence of an accused person at a court proceeding in a criminal matter." 2. Allows bail bonds businesses as a permitted use in the C-2 and I zoning districts subject to certain separation requirements. Allows bail bonds businesses as a permitted use in the Planned Industrial District (PID) if specifically review and approved through City Council's approval of an Outline Development Plan that contemplates such use. 3. Prohibit bail bonds businesses from locating within 100 feet of a property line common with property zoned residentially or zoned A-1 or A-2, but used residentially. A map illustrating the locations where bail bonds businesses could be located is attached for reference. It is important to note that the PID properties depicted in hatched blue would not be authorized for bail bonds businesses until such time as the property owner requested and City Council approved an amendment to the applicable Outline Development Plan. RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance concerning the permitted locations of Bai[ Bonds Businesses, and in connection therewith, amending certain sections of Chapter 26 of the Code of Laws. " Exhibits: 1. Ordinance Amending Chapter 26 2. Map depicting potential locations for Bail Bonds Businesses. i C:\DocumenGS and Se[tings\kfieldU.ocal Se[[ings\Temporary In[eme[ Files\OLKSBTC hearing staff Repor[ 5-1-08-.da CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2008 TITLE: AN ORDINANCE CONCERNING THE PERMITTED LOCATIONS OF BAIL BONDS BUSINESSES, AND IN CONNECTION THEREWITH, AMENDING CERTAIN SECTIONS OF CHAPTER 26 OF THE CODE OF LAWS WHEREAS, the City of Wheat Ridge, acting through its City Council, has authority pursuant to Article XX of the Colorado Constitution, C.R.S. 31-23-101 et sec., and the City's Home Rule Charter to regulate the use of land; and WHEREAS, such authority extends to the regulation of uses in the various zoning districts of the City; and WHEREAS, the Council finds and determines that conducting a bail bonds business has unique land use impacts, including but not limited to the noise and traffic associated with longer hours of operation (many twenty-four hours) than traditional retail businesses; and WHEREAS, Council further finds that such land use impacts are most appropriate and impact the quiet enjoyment of neighboring and surrounding properties the least in industrial zone districts and the higher-intensity commercial zone districts; and WHEREAS, as such, the Council finds and determines that it is necessary and desirable to define bail bonds businesses as a distinct land use and to permit such use in the industrial zone districts and the C-2 zone district within the City; and WHEREAS, Council has received recommendation on these amendments to Chapter 26 of the Wheat Ridge Code of Laws from the Planning Commission, after notice and a pubiic hearing before the Commission; and WHEREAS, after due and proper notice in accordance with Chapter 26 of the Code of Laws, the Council has conducted a public hearing on the contents of this Ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: EXHIBIT 1 Section 1. Section 26-123 of the Code of Laws, concerning Zoning Code definitions, is hereby amended by the addition of a new definition, to be inserted alphabetically after Automobile storage yard and before Bed and breakfast rooms: Bail bonds business. A business whose primary purpose is to act as a surety to secure the presence of an accused person at a court proceeding in a criminal matter. Section 2. Section 26-204 of the Code of Laws is hereby amended by the addition of the following new line item in the Table of Uses for Commercial and Industrial Districts, to be inserted alphabetically after "Automotive parts and supplies sales" and before "Bakeries, retail": Table of Uses -Commercial and Industrial Districts Uses Notes NC RC C-1 G2 1' Bail bonds businesses I See Footnote 2. See § 26-634 for distance reuirements. P P Section 3. Section 26-204 of the Code of Laws is hereby amended by the addition of the foilowing under the "Footnote:" heading under the Table of Uses - Commercial and Industrial Districts: 2. In addition to being allowed as a Permitted Principal Use in the C-2 and I zone districts, bail bonds businesses may be permitted in Planned Industrial Development districts if approved as part of an Outline Development Plan (ODP) and in conformance with the requirements of Code Section 26-634. Section 4. Article VI of Chapter 26 of the Code of Laws is hereby amended by the addition of a new Section 26-634, to read in its entirety as follows: Sec. 26-634. Bail bonds businesses; distance requirements. A. No person shali locate, cause to locate or permit to be located a bail bonds business within one hundred (100) feet of the property line of any lot, tract or parcel of land within the city which is zoned for residential use, or zoned A-1 or A-2 and used for residential purposes. B. For the purpose of this Section, the distance between a bail bonds business and a residential district or a residential lot shall be measured in a straight line, without regard to intervening structures, objects or city limits, from the closest exterior wall of the structure in which the bail bonds business is located to the property line of such use. Section 5. Any bail bonds business lawfully located and in active use as of the effective date of this Ordinance may be continued so long as it remains otherwise lawful, subject to the general requirements for legal nonconforming uses set forth in Section 26-120 of the Code of Laws. Section 6. Severabilitv; Conflictinq Ordinances Reqealed. 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. Ali other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 7. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on the day of , 2008, 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 , 2008, at 7:00 o'clock 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 , 2008. SIGNED by the Mayor on this day of , 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Geraid E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript: Effective Date: ~ , R-7 R 1 - ¢1 D u I>" ` ~ -35TH 34TH ~ ,.-0 . . ~~,\J~P~✓ D N ~ . s . 100 ne~' . . ~ Zoning Ra c, . ~ Partels ~ . . ~ ~ R i R34 PLO ~ . ~ . J City of Wheat Ridge Boundary ~ R-0A vao ~ Pac ~ ~ L. . Bad Bonds Zorte Districts ~ RAB ~^i PF; ~ ~ G2 R-0C - h2 M PHD . I ~ i ~ . . ~ - a.z ~ wc - amuo City of Wheat Ridge ~ T" Bail Bonds Zones Map i 51ST . . . . . 'R3~ r a. a. . . . . , . m.Q . . EXHIBIT 2 a~~~ „e,ef+~'" fi,~ Q- L a', o Rd~ R~ aSt R1 R'~~W 30TH I . Cy t0 , ~29TH.1 ~ ^ ~ i 2aTH R ~ ~ ~ ~ U o~~o b DISCLAIMER NOTICE: v . This is a pictorial representation of geographic and demographic information. Reliance.upon.the accuracy. . reliability and authoriry ofthis information is solely requestor's responsibilRy. The City of WBeatRidge, in . A . Jefferson County, Colorado -a political subdivision ofthe State of Colorado, has compiled for i4svse cerfain teoo o teoo 3,600 wmputerized information. This information is availableto assisf in identirying general areas of concem only. . ~Ity Of Fe~ The computerized infortnation provided should only be relied upon with corroboration of fhe methods, . assumptions, and results by a qualified independent source. The user of ihis information shall indemnify and Wheat -Iidge hold free the City of Wheat Ridge finm any and all habili[ies, damages, lawsuits, and causes of action that result as a conseauence of his reliance on information provided herein. a