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HomeMy WebLinkAboutZOA-02-067500 West 29th Avenue Wheat Ridge, Colorado 80033 303/ 235-2846 Fax: 303/235-2857 The City of Wheat Ridge January 30, 2003 Donna Martin-Hammer Anacomp Suite 205 7808 Cherry Creek Drive South Denver, CO 80231 Re: Ordinance 1275, Series 2002, Regulation of Psychic Advisors Dear Ms. Hammer: This letter responds to the questions you posed during the January 27, 2003 Wheat Ridge Council meeting. 1. Why did the Council enact the ordinance? The legislative record supporting this ordinance is found in the staff report describing it (copy enclosed), and in the public hearing attended by you on January 13, 2003. This ordinance is a legislative act of the Council, and as such is within their discretion. 2. Are [tarot card] readings, given in existing buildings within the Commercial District, permitted? Yes, to the extent those activities were being conducted in those buildings on the effective date of the Ordinance: January 13, 2003. The continuation of such existing uses at the existing locations, without the need of a special use permit, is allowed by Section 3 of the Ordinance. The ordinance grandfathers the use, not the individual(s) performing the readings. Changes in individuals performing readings have no bearing on the grandfathered locations. 3. Does the Ordinance regulate "Psychic Parties" (similar to Tupperware parties)? The ordinance is directed at businesses operated on a daily basis, not one-time events or private parties. The City treats events such as Tupperware parties as home occupations subject to the limitations of the home occupation regulations. Providing psychic advising from a home as a business, with customers coming to the home, would be considered a home occupation subject to the limitations of the home occupation regulations (copy enclosed). 4. Are tarot card readings, given out of a home over the Internet, regulated by the Ordinance? No. 5. Why not treat psychic advisors in the same fashion as the tattoo parlor under Ordinance 1274? Because both Ordinances are legislative acts and subject to the discretion of the City Council, the Council has the right to legislate in separate ways on each topic. 6. List of businesses, which are "grandfathered" under Section 3 of the Ordinance. Planning staff is aware of the following businesses and locations that were in existence on January 13, 2003 which may continue to operate without a special use permit: A. Mrs. Marchese - 10908 W. 44 h Avenue B. Terry O'Magick - 9920 W. 44`h Avenue C. Psychic Center of the Rockies 4550 Wadsworth Blvd D. Sisters Sojourn 7615 W. 38"' Avenue, #A102 7. What criteria are used in determining what is a "similar or related use?" Section 26-204.A of the City's Code of Laws gives to the Director of Planning and Development the final administrative decision concerning the scope, application and meaning of the terms used in the zone district use schedule. Section 26-204.B authorizes the Director of Planning and Development Director to determine if a use should be permitted or allowed on the basis of it being: A. Similar to a listed use, B. Compatible in character and impact with other uses in the zone district, C. Consistent with the intent of the district, D. Not objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, or E. Not hazardous to the health and safety of surrounding areas through danger of fire or explosion. Whether a use or activity is a "similar or related use," a decision is made on a case-by-case basis, based upon an evaluation of the characteristics of the use or activity in question with the above criteria. 8. Why are psychic advisors restricted to the industrial zone district if they are considered businesses providing a service? Again, as a legislative act subject to the discretion of city Council, Council has the right to determine what uses are allowed in the various zone districts. Psychic advisors are not limited to the industrial zone district; they may be permitted in three other zone district through a special use permit. There are may other service businesses that are also allowed in the industrial zone district, such as banks, day care centers, and doctors' offices. 9. What changes are being considered to streamline the special use permit process? Staff has considered several options for making this process shorter by eliminating some of the current steps. We expect to discuss these with the City Council at a study session in the next few months. If Council then gives direction to move forward, an ordinance will be drafted. This will require a hearing in front of Planning Commission followed by first and second reading of the ordinance by City Council. The second reading is a public hearing. Please do not hesitate to contact me if you have further questions. TI, A low, Alan C. White, AICP Director of Planning & Development bcc: Mayor & Council RECEPTION NO. F"'-',7t 047 2/13/2003 13:55 PG: 001-002 PAGE FEE: 11.00 DOC,FEE: 0.00 RECORDED IN JEFFERSON COUNTY, COLORADO INTRODUCED BY COUNCIL MEMBER Edwards Council Bill No. 39-2002 Ordinance No. 1273 Series of 2002 TITLE: AN ORDINANCE AMENDING SECTION 26-204 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE ZONE DISTRICT USE SCHEDULE TO INCLUDE PSYCHIC ADVISORS AND SIMILAR USES IN THE COMMERICAL AND INDUSTRIAL ZONE DISTRICTS. ) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, / COLORADO.THAT: Section 1. Section 26-123 of the Zoning and Development Code is hereby amended by the addition of the following definition: Psychic Advisor. The term includes, but is not limited to, fortune tellers, palm readers, tarot card readers, astrologers, clairvoyants, dream interpreters, and persons providing similar or related services, not to include licensed or registered psychotherapists as defined by State statutes. Section 2. Section 26-204 of the Zoning and Development Code is hereby amended with the addition of Psychic Advisors and Similar Uses in the Table of Uses - Commercial and Industrial Districts, as follows: USES NOTES NC RC C-1 C-2 Psychic Advisors and Similar Uses S( S S I P Section 3. Any use which is made nonconforming upon the effective date of this ordinance by way of not having received approval of a special use permit under prior rules and procedures shall be allowed to continue. Any expansion, addition, or site modification shall require a special use review. All other provisions of section 26-120 (Nonconforming lots, uses, and structures) shall apply. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 6. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 7. This ordinance shall take effect immediately upon adoption. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 91h day of December, 2002, 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 January IP , 2003, 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 15~ day of ~la,(Zk 2003. SIGNED by the Mayor on this 4S~~day of "keaze~ 2003. CERVENY, MA APPR D AS TO FORM BY CITY ATTORNEY GhALD DAHL, CITY ATTORNEY 1st Publication: December 12, 2002 2nd Publication: January 30, 2003 Wheat Ridge Transcript Effective Date: January 13, 2003 RECEPTION NO. F' ~7GOz46 2/13/2003 13.55 PG. 001-002 PAGE FEE. 11..00 DOC.FEE. 0.00 RECORDED IN JEFFERSON COUNTY, COLORADO INTRODUCED BY COUNCIL MEMBER Edwards Council Bill No. 38-2002 Ordinance No. 1274_. Series of 2002 TITLE: AN ORDINANCE AMENDING SECTION 26-204 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE ZONE DISTRICT USE SCHEDULE TO ADDRESS BODY ART ESTABLISHMENTS IN THE COMMERICAL AND INDUSTRIAL ZONE DISTRICTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,THAT: Section 1. Section 26-123 of the Zoning and Development Code is hereby amended by the addition of the following definitions: Body Art. The practice of physical body adornment by establishments or artists utilizing, but not limited to, the techniques of body piercing, tattooing, branding, sculpting, and scarification. This definition does not include practices conducted under the supervision of a physician licensed to practice medicine under Colorado law nor piercing of the outer perimeter or lobe of the ear by means of sterilized stud-and-clasp ear piercing systems. Body Art Establishment. Any location, whether temporary or permanent, where the practices of body art are performed. Section 2. Section 26-204 of the Zoning and Development Code concerning body art establishments is hereby amended as follows: USES NOTES NC RC C-1 C-2 I Body Art Establishments S S S Section 3. Any use which is made nonconforming upon the effective date of this ordinance by way of not having received approval of a special use permit under prior rules and procedures shall be allowed to continue, without the need for a special use permit, at the location of such use as of January 13, 2003, or an alternate location within the city, in conformance with all other applicable requirements of the Code of Laws. Any expansion, addition, or site modification shall require a special use review. All other provisions of section 26-120 (Nonconforming lots, uses, and structures) shall apply. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 6. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 7. This ordinance shall take effect immediately upon adoption. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 9th day of December, 2002, 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 January 13'h, 2003, 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 /p to 1-,this 13 day of 2003. n J SIGNED by the Mayor on this Nday of 2003. CERVENY, MAYOR APPRQ.VED AS TO FORM BY CITY ATTORNEY i ~ GERItLD DAHL,-CITY AT'T'ORNEY 1st Publication: December 12, 2002 2nd Publication: January 30, 2003 Effective Date: January 13,2003 C Barstow 1485 Sumac Ave Boulder. CO 80304-0807 J." ta kA i -011 ~ Z;11~1 75N ~D ~~eca ~Y2~ 4 =td 4c fe~eO4 r~-, THE January 6, 2003 Mr. Alan White 7500 West 29th Ave. Wheat Ridge, CO 80033 Dear Mr. White, My name is Shelley Lierman I am a Certified Hypnotherapist. I am registered with the Colorado Department of Regulatory Agencies (DORA) as an "Unlicensed Psychotherapist". As an active member of CAP, the Colorado Association of Psychotherapists, I recently became aware of the proposed amendment 39-2002 that addresses "Psychic Advisors". As you may be aware, CAP represents the 1600 "Unlicensed Psychotherapists" in the state of Colorado. My goal in writing this letter is to bring your attention to what this amendment will do to the practicing Unlicensed Psychotherapist in Wheat Ridge and the people in that area. As a Certified Hypnotherapist, I have a private office that would be similar to any therapist in the mental health industry. I represent my practice, my office and myself in a very professional manner. The services that I offer include: Weight Reduction Becoming a Non-Smoke Stress Reduction Dealing with Abuse and Trauma HypnoBirthing Phobias Pain Management Confidence Depression Learning Enhancement Migraines and many more As you can see by my partial list, what I am offering to my clients is a way to improve their lives. The added benefit to you and our government is that by assisting people with their individual issues, we are helping society one person at a time. Hypnosis is well known for its success in helping people to become Non-Smokers. That alone has made a major impact on the quality of air and health for many of your constituents. If you really think about all of the areas that we cover as Unlicensed Psychotherapist, I am sure that you will agree that we are not m the same. category as the people that you are working to relocate. If you relocate the Unlicensed Psychotherapist in the city of Wheat Ridge, you will impact the ability of these professionals to assist your constituents in a professional manner. I feel it is important to not only bring the issue to your attention but to also provide you with an easy solution. I know that Mr. Lyle Tautfest, CHt, the President of the Colorado Association of Psychotherapist, has already contacted you with a change in the wording of the proposed amendment 39-2002. I have included the same wording for your review: From: not to include state licensed counseling professionals. To: not to include state licensed or registered psychotherapists. THE LIERMAN CENTER FOR ADVANCED HEALING. LLC 2000 W. 120"Ave., Suite #7 303-465-5697 ® www.shelleylierman.com Denver, CO 80234 303-883-7202 cell hypnosis@shelieylierman.com With this simple change, the people of Wheat Ridge can continue to receive the assistance that they need in a professional, safe environment. After all, I am sure that your goal is the same as ours, to help the people! Please give this suggestion the attention that it needs. Thank you for your time and consideration. If you should have any questions or need more information, please feel free to contact me at any time. I would look forward to the opportunity to discuss this in further detail. Sincerely, Shelley Lierman, CH Certified Hypnotherapist 2000 West 120`x' Ave. #7 Denver, CO 80234 303-465-5697 (office) 303=883-7202 (cell) hypnosiskShelleyLierman.com www.ShelleyLierman.com r n m C~ m J n~ e ®(d4 y 0 e ~ ro r" na xd ww 00 S A < m H a o. x tt1 v~ 2w Oo ~ SSQ s s~ a o Ua n o ro q m H .y. a , z l pF WHEAT m REQUEST FOR CITY COUNCIL ACTION ®a ~~(ORADO COUNCIL MEETING DATE: January 13, 2003 TITLE: CASE NO. ZOA 02-06, PSYCHIC ADVISORS ® PUBLIC HEARING ❑ ORDINANCES FOR 1ST READING (Date: December 9, 2002) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No Community Development Director . City Manager RECOMMENDED ACTION: 1 move to approve Council Bill No. 39-2002, Case No. ZOA 02-06, on second reading with the following amendment: 1. Section 1, amend the end of the second sentence as follows: not to include licensed or registered pssychotherapists as defined by State Statute." EXECUTIVE SUMMARY: This ordinance defines "psychic advisors" and includes these businesses in the table of uses for commercial and industrial zone districts. As drafted, the ordinance permits these establishments as special uses in the NC, RC, C-1, C-2 zone districts and as a permitted use in the Industrial zone district. Existing establishments that have not received a special use permit at their existing location are grandfathered. FINANCIAL IMPACT: Psychic advisors generally provide a service which is not taxed. A small amount of sales tax may be generated by such uses. Restricting these uses to certain zone districts will have a negligible impact on City revenue. COMMISSION/BOARD RECOMMENDATION: Planning Commission recommended to establish these uses as permitted uses in the RC, C-1, and C-2 zone districts with no other restrictions. PROJECT HISTORY: Council directed staff to develop regulations concerning tattoo parlors, fortune tellers, and pawn shops. The regulations were to be presented as separate ordinances. Planning Commission first considered the ordinances on October 3, 2002. The Commission continued the hearing, requested additional information, and requested the ordinances be scheduled separately. Fortune tellers, or psychic advisors, were subsequently heard at the November 21, 2002 meeting. STATEMENT OF THE ISSUES: Planning Commission and members of the public who testified commented that there seemed to be little need to restrict these uses. With five establishments identified in the City, the members saw little problem with the existing uses. A review of case law conducted by the City Attorney revealed that these uses are protected under the First Amendment and, therefore, cannot be prohibited outright in the City. They can be allowed as a special use, however. Staff received a letter (copy attached) from the Colorado Association of Psychotherapists requesting a change to the ordinance that clarified the exemption for state licensed counselors. Two other letters from psychotherapists supporting the change have been received and are attached. The change is consistent with State Statutes and does not alter the underlying intent of the ordinance. This recommended change is included in the motion under recommended action. ALTERNATIVES CONSIDERED: 1. Allow these uses as permitted uses in one or all of the commercial zone districts. 2. Allow these uses as permitted uses in one or all of the commercial zone districts, with spacing requirements between uses. 3. Allow these uses as special uses; grandfather in existing uses at existing locations. 4. Allow these uses only in the industrial zone district, with an amortization period to relocate from existing zone districts to the industrial zone district. Report Prepared by: Alan White (303) 235-2844 Attachments: 1. Letter from Lyle Tautfest, CHt, President, Colorado Association of Psychotherapists 2. Letter from Laurie Weiss, Ph.D. 3. Letter from Gary Thomas Wareham, MA 4. Letter from Sally Chamberlaine, MA 5. Council Bill No. 39-2002 C:\Documents and Settings\alan\My Documents\WPFiles\Projects\zoning amendments\psychic advisors 2nd action form.doc Colorado Association of Psychotherapists `dedicated professionals united in excellence" P. O. Box 101926 r1 Denver, Colorado 80250 303.480.5733 www.cap=psvchotherapists.com Randy Young 7500 W. 29th Ave Wheat Ridge CO 80033 Dear Mr. Young, I'm sure you are receiving as much response or more than I am concerning the proposed amendment 39-2002 that addresses "Psychic Advisors". We have some of the same concerns as the city does in protecting the public. CAP, The Colorado Association of Psychotherapists, represents the 1600 "Unlicensed Psychotherapists" registered with the Colorado Department of Regulatory Agencies (DORA). I would like to give you a little information about how the Mental Health Statute is written in Colorado. If this is information you already have please forgive my redundancy. There are four groups of Licensed Psychotherapists. They are: Psychologists, Social Workers, Marriage and Family Therapists,, and Professional Counselors. There are several other.groups of individuals who provide psychotherapy services who don't have State Licensing Boards. They are: Certified Abuse Counselors, School Psychologists, and Unlicensed Psychotherapists. To quote from a State Publication, "Your Options as a Psychotherapy Client": "Unlicensed Psychotherapists may have equal training or experience as licensed psychotherapists, and can practice psychotherapy in Colorado without obtaining licensure. However effective July 1, 1992, all unlicensed psychotherapists practicing psychotherapy in Colorado are required to list their credentials in the Grievance Board's database directory. Failure to do so could be prosecuted as a class 3 misdemeanor." A survey conducted in 1997 showed most unlicensed psychotherapists registered with the State have masters degrees some have PhD degrees and some are MDs. Many are recently graduated with an advanced degree and are in the process of serving an internship, which is required for licensure. The way the proposed amendment is currently written it would include all of these unlicensed psychotherapists. My guess is that was not the intent. I think a simple change of the wording From: not to include state licensed counseling professionals. DEC 1 8 2002 To: not to include state licensed or registered j psychotherapists. BY:~ Would accomplish your desired goals, and allow professional psychotherapists, both. licensed and unlicensed, to continue practicing in their current locations in Wheat Ridge. ATTACHMENT 1 As a bit more information this is the Colorado State Statute defining psychotherapists. Colorado law classifies psychotherapists as: CRS 12 43 701(9) "Psychotherapy" means the treatment, diagnosis, testing, assessment, or counseling in a professional relationship to assist individuals or groups to alleviate mental disorders, understand unconscious or conscious motivation, resolve emotional, relationship, or attitudinal conflicts, or modify behaviors which interfere with effective emotional, social, or intellectual functioning. Psychotherapy follows a planned procedure of intervention, which takes place on a regular basis, over a period of time, or in the cases of testing, assessment, and brief psychotherapy, it can be a single intervention. It is the intent of the general assembly that the definition of psychotherapy as used in this part 2 be interpreted in its narrowest sense to regulate only those persons who clearly fall within the definition set forth in this subsection (10) "Unlicensed psychotherapist" means any person whose primary practice is psychotherapy or who holds himself out to the public as being able to practice psychotherapy for compensation and who is not a certified school psychologist or who is not licensed under this title to practice psychotherapy. If the City Government has any questions about this information I will be happy to provide whatever additional help I can. I understand there is a Council meeting December 23`d would it be appropriate for me to be there to address this issue? Sincerely Lyle Tautfest CHt. President Colorado Association of Psychotherapists 303-789-0646 a4m uPht"t-co EMPOWERMENT "When Change is the Chaiienge- Laurie Weiss, Ph-0. Jonathan B. Weiss, Ph.D. December 29, 2002 Randy Young, City Manager 7500 W. 24th Ave Wheat Ridge CO 80033 Dear Mr. Young, I am writing you concerning the proposed amendment 39-2002 that addresses "Psychic Advisors". As an Unlicensed Psychotherapist who has been practicing in Littleton for over thirty years, I would not want to be relegated to practicing in an industrial zone. For 25 years, I rented office space in professional buildings, and about 5 years ago I moved my practice to my home, observing all zoning laws. During that time I have been a respected contributor to the local business community, professional community and the national and international professional communities. The enclosed "waiting room resume" will give you a sense of who I am. My colleagues in the city of Wheat Ridge are also contributing citizens, and I am very concerned that your proposed ordinance would be devastating to their ability to serve their clients effectively. The copy of the enclosed letter written by Lyle Tautfest CHt, President, Colorado Association of Psychotherapists, explains the details of the situation. Please follow his recommendation to resolve this serious potential problem. Respectfully, Y,, (c W",;, Pti (J Laurie Weiss, Ph.D. Enc. Waiting Room Resume Lyle Tautfest Letter DEC 3 1 2002 303.794.5379 AT TAC H M E N BY2.. _ 303.794.5408 FAX 506 West Davies Way Littleton, Colorado 80120 www.empowermentsystems.com Laurie A. Weiss, Ph.D. 7 am committed to helping people learn to lave and appreciate themselves and each INTERNATIONAL AUTHORITY... • Professional presentations in England, Switzerland, Germany, Canada, Mexico, Brazil, Australia, New Zealand and throughout the USA. • Author: What is the Emperor Wearing? Truth-Telling in Business Relationships. I Don't Need Therapy But... Where Do I Turn for Answers? An Action Plan for Your Inner Child' Parenting Each Other Recovery from Co-dependency: It's Never Too Late to Reclaim Your Childhood (with Jonathan B. Weiss). • Numerous published articles. LIFE LONG LEARNER AND TEACHER... • Ph.D., Health and Human Services, Columbia Pacific University • Teaching and Supervising Transactional Analyst, Clinical, Educational and Organizational Fields. • Certified Transactional Analyst - Clinical. • M.A., Social Psychology - Lone Mountain College; B.A. - University of Colorado. • Corporate Therapy Training Program, Creative Dimensions in Management, Inc. • Certified Secondary Teacher - State of Illinois. other. I believe that COMMITTED TO COMMUNITY AND PROFESSIONAL ORGANIZATIONS... ionflicts can be resolved • Active In: International Transactional Analysis Association - Currently serve on Editorial Board, Advisor to the Ethics Committee, formerly Trustee and Officer • Colorado through dialogue. I help Women's Leadership Coalition • International Coach Federation • National Association my clients discover what of Women Business Owners • Denver Business Women's Network • South Metro is true for them and learn Denver Chamber of Commerce • Dialogue Study Group • The Geneva Group to communicate it with The Executive Committee (Associate). compassion, grace and • Member Of. USA Transactional Analysis Association • Colorado Author's League skill. " Colorado Psychotherapist Association • Center for Science in the Public Interest Institute of Noetic Science • National Organization of Women. A UNIQUE PARTNERSHIP: Laurie and Jon Weiss • Business partners since 1972; life partners since 1960. • The Weisses' unique approach is widely recognized and highly respected. • John Bradshaw says, "The Weisses are the best... therapists who use a true developmental approach. I am indebted to them." • Sharing a strong commitment to quality. • Coaching people in powerful ways to improve the quality of their lives and relationships. EMPOWERMEM' 303.794-5379 FAX 303.794-5408 506 West Davies Way Littleton, Colorado 80720 www.empowermentsystems.com G~ctrudc ~c~dcc,~, December 29, 2002 Randy Young Wheat Ridge City Manager 7500 West 29th Avenue Wheat Ridge, CO 80033 Dear Mr. Young: This letter is written to ask for a change in the wording of your proposed ordinance 39-2002 that deals with "psychic advisors". As an unlicensed psychotherapist (and registered in the database of the State of Colorado) who practices in a nearby city, the proposed ordinance wording would, in effect, jeopardize my right to practice legitimate psychotherapy. My right to practice, along with the rights of hundreds of other non-licensed registered psychotherapists, is currently protected under Colorado Law.The immediate and longterm impact of this particular wording I believe is unintentional, as I presume the spirit of the proposed ordinance is about addressing concerns about so- called "mediums" or "psychic advisors". As you know, many new city ordinances act as a model for other cities to pass similar laws. Therefore, while this is a local Wheat Ridge ordinance proposal, I wanted to express my deep concerns with its present wording. Understandably, the public needs to have protection from charlatans and frauds who self-label as psychic "advisors" or "counselors". This aspect of the ordinance is in my estimation on target. However, the legitimate practice of psychotherapy should not be a part of this ordinance, nor should it be ostracized or limited to "industrial areas". Obviously, this would have a chilling effect on clients seeking legitimate counseling and psychotherapy by registered psychotherapists. Currently, I am in the process of completing my post-master's requirements for licensure and am supervised by a Licensed Professional Counselor. This process takes two years under Colorado's Mental Health statutes, so for many unlicensed psychotherapists Colorado law provides an opportunity to practice legally while still gaining the necessary supervised client hours to become licensed. Unlicensed psychotherapists, who are registered with the state, are usually highly dedicated and ethical professionals who are constantly seeking to increase their knowledge base and counseling skills. ATTACHMENT 3C 3? 2002 BY: My qualifications, skills, and training are excellent as many of my licensed colleagues would gladly attest. In 1999, I graduated with honors (summa cum laude) from Metropolitan State College of Denver earning a B. S. in Human Services with the emphasis in Mental Health counseling. In 2002,1 graduated with a Master's degree in Community Counseling from the University of Northern Colorado. Prior to completing my undergraduate and graduate counseling degrees, I had over 3000 hours of experiential training in counseling and psychotherapy in the 1980's, all of which was under licensed mental health professionals. I take my profession and its qualifications seriously and many of my clients have benefited from my dedication and expertise. As with many of my fellow unlicensed psychotherapists, education and training is not lacking whatsoever, but our path to become licensed takes many years. Therefore, the State of Colorado in its wisdom has protected the right of unlicensed psychotherapists to practice and required registration since 1992. I am a member of the Colorado Association of Psychotherapists and the American Counseling Association. I ask that you change the ordinance wording from its current wording of., "not to include state licensed counseling professionals" to "not to include state licensed counseling professionals or registered psychotherapists." This simple change will allow you to address you and your constituents' well-founded concerns about "psychic advisors", but still maintain the dignity and protect the right to practice of hard-working, ethical, and conscientious unlicensed psychotherapists who are registered with the state. Thank you for your attention to this matter. Sincer y, Gary omas Wareham MA Trati sDynamic5 Facilitating Individual and Organizational Transition January 2, 2003 Ms. Gretchen Cerveny 7500 W. 29th Ave Wheat Ridge CO 80033 Dear Ms. Cerveny¢ I am an unlicensed psychotherapist who has been practicing, in Colorado since 1983. I encourage you to oppose the` ordinance that would permit unlicensed psychotherapists to practice ONLY in industrial zones in your city. You are probably aware that a survey conducted in 1997 showed most unlicensed psychotherapists registered with the State have masters degrees, some have PhD degrees and some are MDs. Additionally, there has been shown to be no correlation between licensure and effectiveness. To limit the location of unlicensed practitioners implies they are less competent or desirable than other professionals which is clearly not the case. As a city manager, your wishes are to provide a wide range of options to your citizens, not to limit them. Please vote against this misguided ordinance. Thank you for your consideration. Sincerely, Sally Chamberlaine, M.A. www.cham6erlaine.com INTRODUCED BY COUNCIL MEMBER Edwards Council Bill No. 39-2002 Ordinance No. Series of 2002 TITLE: AN ORDINANCE AMENDING SECTION 26-204 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE ZONE DISTRICT USE SCHEDULE TO INCLUDE PSYCHIC ADVISORS AND SIMILAR USES IN THE COMMERICAL AND INDUSTRIAL ZONE DISTRICTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,THAT: Section 1. Section 26-123 of the Zoning and Development Code is hereby amended by the addition of the following definition: Psychic Advisor. A person involved in advisement of personal situations relating to the past, present or future. The term includes, but is not limited to, fortune tellers, palm readers, tarot card readers, astrologers, clairvoyants, dream interpreters, and persons providing similar or related services, not to include state licensed counseling professionals. Section 2. Section 26-204 of the Zoning and Development Code is hereby amended with the addition of Psychic Advisors and Similar Uses in the Table of Uses - Commercial and Industrial Districts, as follows: USES NOTES NC RC C-1 C-2 I Psychic Advisors and Similar Uses S S S P Section 3. Any use which is made nonconforming upon the effective date of this ordinance by way of not having received approval of a special use permit under prior rules and procedures shall be allowed to continue. Any expansion, addition, or site modification shall require a special use review. All other provisions of section 26-120 (Nonconforming lots, uses, and structures) shall apply. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other ATTACHMENT 5 persons or circumstances. Section 6. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 7. This ordinance shall take effect immediately upon adoption. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 9' day of December , 2002, 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 January 13`x' , 2003, 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 2003. SIGNED by the Mayor on this day of 2003. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: CITY COUNCIL MINUTES: December 9, 2002 Page -6- Motion by Ms. Figlus to amend the budget and re-institute the Economic Development Department. Motion died for lack of second. Mr. Young explained that the current budget crisis is not attributable to the economic downturn, but the fact that for a number of years the City has been spending more in expenditures than what we bring in in revenues. We have tapped into our reserve fund to offset that deficit. We are getting to a point when there will be no deficit to tap into. We need to cut another million dollars out of the budget to achieve a balanced budget. He explained that the major brunt of economic development will fall on the City Manager's Office and other departments will also participate. We are trying to increase the revenue base and get the expenditures down to a manageable level. Original Motion carried 6-1 with Ms. Figlus voting no. ORDINANCES ON FIRST READING Item 4. Council Bill 37-2002 - amending Section 26-222 Streetscape Overlay District (SO) of the Code of Laws of the City of Wheat Ridge. (Case No. ZOA-02-07) Council Bill 37-2002 was introduced on first reading by Mr. Edwards, who also read the title and summary. Motion by Mr. Edwards that Council Bill 37-2002 be approved on first reading, ordered published, and set for public hearing and consideration on second reading at 7:00 p.m. in City Council Chambers on January 13, 2003 and if approved on second reading, take effect immediately upon passage; seconded by Mr. Mancinelli; carried 7-0. t`=e Council Bill 38-2002 -amending Section 26-204 of the Wheat Ridge Code of Laws concerning the Zone District Use Schedule to address Body Art Establishments in the Commercial and Industrial Zone Districts. (Case No. ZOA-02-06) Council Bill 38-2002 was introduced on first reading by Mr. Edwards, who also read the title and summary. Motion by Mr. Edwards that Council Bill 38-2002 be approved on first reading, ordered published, and set for public hearing and consideration on second reading at 7:00 p.m. in City Council Chambers on January 13, 2003 and if approved on second reading, take effect immediately upon passage; seconded by Mrs. Rotola; carried 7-0. CITY COUNCIL MINUTES: December 9, 2002 Page -7- Council Bill 39-2002 - amending Section 26-204 of the Wheat Ridge Code of Laws concerning the Zone District Use Schedule to include Psychic Advisors and similar uses in the Commercial and Industrial Zone Districts. (Case No. ZOA-02-6) Council Bill 39-2002 was introduced on first reading by Mr. Edwards, who also read the title and summary. Motion by Mr. Edwards that Council Bill 39-2002 be approved on first reading, ordered published, and set for public hearing and consideration on second reading at 7:00 p.m. in City Council Chambers on January 13, 2003 and if approved on second reading, take effect immediately upon passage; seconded by Mr. Mancinelli; carried 7-0. Dianne Fresquez and LeAnna Green were concerned about the process for getting a special permit for their business and some of the wording in the Ordinance. ~ Council Bill 40-2002 - amending Section 26-204 of the Wheat Ridge Code of Laws concerning the Zone District Use Schedule to address Pawn Shops in the Commercial Zone Districts. (Case No. ZOA-02-06) Council Bill 40-2002 was introduced on first reading by Mr. Edwards, who also read the title and summary. Motion by Mr. Edwards that Council Bill 40-2002 be approved on first reading, ordered published, and set for public hearing and consideration on second reading at 7:00 .p.m. in City Council Chambers on January 13, 2003 and if approved on second reading, take effect immediately upon passage; seconded by Mr. Mancinelli; carried 7-0. David Fein, attorney representing EZ Pawn, was perplexed about any further restrictions on Pawn Shops. He was also confused as to what zoning district the pawn shops are in. DECISIONS, RESOLUTIONS, AND MOTIONS Item 8. Resolution 33-2002 - closing the Recreation Center Construction Fund. Resolution 33-2002 was introduced by Mr. DiTullio. Motion by Mr. DiTullio to approve Resolution 33-2002; seconded by Mr. Edwards; carried 7-0. USES REQUIRING SPECIAL USE REVIEW IN COMMERCIAL ZONE DISTRICTS USE NC RC C-1 C-2 Auction Houses S Auto Service & repair, major S Auto & truck sales & rental S S Bakery, retail S Bicycle Store S Book Store S Camera Store S Candy Store S Car Wash, Automatic S Car Wash, Coin Operated S Restaurant, Drive-through S S S S Restaurant, Sit Down S Gas Station S Greenhouses S S Grocer Stores w/ Gas pumps S S S Hardware Store S Hobby Store S Hotels S S Jewelry Stores S Laundry/Dry Cleaning S S Music Stores S Office Supply Stores S Optical Stores S Paint Stores S Pharmacy S Picture Framing S Sporting Goods Store S TV & radio repair & service S To Store S Video Rental S OF WHEAT x Pa REQUEST FOR CITY COUNCIL ACTION COC ORP00 COUNCIL MEETING DATE: December 9, 2002 TITLE: CASE NO. ZOA 02-06, TATTOO PARLORS ❑ PUBLIC HEARINGS ® ORDINANCES FOR 1 ST READING (Date: ) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No Planning and Development Director City Manager RECOMMENDED ACTION: I move to approve Council Bill No. , Case No. ZOA 02-06, on first reading, ordered published, public hearing set for January 13, 2003 at 7:00 p.m. in the Council Chambers, and if approved on second reading, take effect 15 days after final publication. EXECUTIVE SUMMARY: This ordinance defines "body art establishments" and includes these businesses in the table of uses for commercial and industrial zone districts: As drafted, the ordinance permits these establishments only as special uses in the RC, C-1 and C-2 zone districts. Existing establishments that have not obtained a special use permit are grandfathered at their existing locations. FINANCIAL IMPACT: Body art establishments generally provide a service which is not taxed. A small amount of sales tax is generated from the sale of merchandise. Restricting these uses to certain zone districts will have a negligible impact on City revenue. COMMISSION/BOARD RECOMMENDATION: Planning Commission recommended establishing these uses as permitted uses in the NC, RC, C-1, C-2 and Industrial zone districts, with a requirement of 1,500 feet between establishments. Any existing use within the 1,500-foot spacing requirement would be grandfathered. PROJECT HISTORY: Council directed staff to develop regulations concerning tattoo parlors, fortune tellers, and pawn shops. The C:\Documents and SettingslathyfTocal Settings\Temporary Internet Files\OLK54\tattoo I st action form.doc regulations were to be presented as separate ordinances. Planning Commission first considered the ordinances on October 3, 2002. The Commission continued the hearing, requested additional information, and requested that the ordinances be scheduled separately. Tattoo parlors were subsequently heard at the November 7, 2002 meeting. The additional information requested by Planning Commission is attached to the memorandum prepared for their November 7th meeting. STATEMENT OF THE ISSUES: Planning Commission and members of the public commented that there seemed to be little need to restrict these uses in the City. At the time of the first hearing, there were two parlors in the City and at the second hearing there was testimony that only one parlor remained in the City. ALTERNATIVES CONSIDERED: 1. Allow these uses as permitted uses in one or all of the commercial zone districts. 2. Allow these uses as permitted uses in one or all of the commercial zone districts, with spacing requirements between uses. 3. Allow these uses as special uses; grandfather in existing uses at existing locations. 4. Allow these uses only in the industrial zone district, with an amortization period to relocate from existing zone districts to the industrial zone district. Report Prepared by: Alan White (303-235-2846) Attachments: 1. Planning Commission memorandum dated 10/31/02 2. Planning Commission memorandum dated 11/14/02 3. Property Research 4. Map 5. More Research 6. Police Calls 7. Council Bill No. C:\Documents and Settings\kathyf\Local Settings\Temporary Internet Files\OLK54\tattoo 1st action form.doc ~F WHEAT City of Wheat Ridge F P~ v m Planning and Development Department Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director SUBJECT: Case No. ZOA 02-06, Tattoo Parlors DATE: October 31, 2002 This case was heard by the Planning Commission on October 3, 2002 and was continued in order for staff to provide additional information. The additional information requested was: 1. Existing business locations and their zoning, and a report on pending applications. 2. Which of these businesses generate sales tax revenue. 3. A list of regulations that have been put in place by neighboring municipalities. 4. Although not in the motion, it was mentioned during the meeting that a report on the number of police calls to these establishments would be helpful. 5. Although not in the motion, it was mentioned that state regulations concerning these establishments would be helpful. The Commission also requested an opinion as to whether there should be a licensing requirement for . health or safety reasons. The Commission requested that the proposed ordinance make all existing businesses either legal or legally non-conforming. Attached please find: 1. A memorandum listing the existing establishments and their current zoning, accompanied by a map showing their locations. 2. A memorandum listing the surrounding municipalities and how they deal with these establishments. 3. A report on the number of police calls to the establishments in the past 3 years. 4. A copy of the State Department of Public Health and Environment regulations for body art establishments. 5. Planning Commission minutes from 10/3/02. 6. Revised proposed ordinance. ATTACHMENT 1 The Commission requested that the ordinances dealing with these establishments be brought back separately. This hearing will focus on tattoo parlors. The first recommendation is to call these businesses "body art establishments" and include a definition in the definition section of the Code. Our search for existing establishments revealed there are two (2) body art establishments in the City: one at 10805 W. 44' Avenue and one at 5900 W. 38' Avenue. Both are located in a C-1 zone district. There are no "pending applications" for other establishments, but this could change from day to day. The only application currently reviewed is a business license application. Police calls have been minimal at 10805 W. 44'. Please note that the calls for 5900 W. 38' Avenue were prior to Tribe Tattoo occupying the premises in September of this year. Surrounding communities generally allow these establishments in commercial districts where retail uses are allowed. There are no special requirements for these uses in the municipalities surveyed. State Health Department regulations generally address condition of the premises, record keeping, and equipment. Sales tax is collected on anything sold in the establishment such as T-shirts and earrings. The service of tattooing is not taxed. In speaking with the Police Chief, he recommended not requiring a special license for these uses. Options There are at least three options to consider: 1. Allow as a special use in RC, C-1, and C-2 zone districts; grandfather existing uses at existing locations. 2. Allow as a permitted use in RC, C-1, and C-2 with spacing requirements. 3. Allow as a permitted use in RC, C-1, and C-2, or just C-1 and C-2. A special use is a lengthy process for a use that has no more impact than beauty salon. Considering the criteria for granting a special use, which of the criteria would not be met by such a use? A spacing requirement between the uses would disperse the uses throughout the City. A spacing of 1,500 feet is suggested (consistent with other spacing requirements) if this option is pursued. Should the spacing apply between just body art uses, or should the psychic advisor uses be included in the spacing. If the latter course is followed, some existing uses will become non-conforming. The last option allows the use as a permitted use in the selected zone districts. Allowing the use in C-1 does not create a non-conforming situation with the existing businesses. The item has been advertised as a public hearing. A recommendation to Council is requested. OF WHEgT City of Wheat Ridge P~ Planning and Development Department U Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director SUBJECT: Case No. ZOA 02-06, Palm Readers, Fortune Tellers, etc. and Pawn Shops DATE: November 14, 2002 This case was heard by the Planning Commission on October 3, 2002 and was continued in order for staff to provide additional information. Additional information was provided at the last hearing on tattoo parlors and consisted of: 1. A memorandum listing the existing establishments and their current zoning, accompanied by a map showing their locations. 2. A memorandum listing the surrounding municipalities and how they deal with these establishments. 3. A report on the number of police calls to the establishments in the past 3 years. 4. Planning Commission minutes from 10/3/02. 5. Revised proposed ordinance. The Commission requested that the ordinances dealing with these establishments be brought back separately. This hearing will focus on palm readers, fortune tellers, etc. and pawn shops. The first recommendation is to group palm readers, fortune tellers, card readers, and all similar services under the heading of "psychic advisors" and add a definition for these businesses to the definition section. Our search for existing establishments revealed there are five (5) psychic advisor establishments in the City. Two are located in a Commercial-One zone district, two in Planned Commercial Development zone district, and one in the Restricted Commercial zone district. There are no "pending applications" for other establishments, but this could change from day to day. The only application currently reviewed is a business license application. Police calls have been minimal at the locations. Surrounding communities generally allow these establishments in commercial districts where retail uses are allowed. There are no special requirements for these uses in the municipalities surveyed. ATTACHMENT 2 Sales tax is collected on anything sold in the establishment. The act of receiving advice is a service and is not taxed. There are two pawn shops in the City. Both are located in C-1 zone districts and are currently legal non-conforming uses. Pawn shops are already addressed in the Code and are special uses in the C-2 zone district. This did not change with the adoption of the new Chapter 26. Pawn shops are further regulated under Article VII of Chapter 11 of the Code of Laws. A copy of these regulations is attached. Options There are at least three options to consider with psychic advisors: 1. Allow as a special use in RC, C-1, and C-2 zone districts; grandfather existing uses at existing locations. 2. Allow as a permitted use in RC, C-1, and C-2 with spacing requirements. 3. Allow as a permitted use in RC, C-1, and C-2, or just C-1 and C-2. There are at least two options to consider with pawn shops: 1. Do not change the current regulations: permit pawn shops as special uses in the C-2 zone district; existing uses are legal non-conforming uses. 2. Add pawn shops as a special use in the c-1 zone district. The two items have been advertised as for public hearing. Recommendations to Council are requested. Planning Commission's 60 days to act on an item referred by Council is up on November 25th. City of Wheat Ridge Planning and Development Department Memorandum TO: Alan White FROM: Travis Cranc~~ SUBJECT: Property Research DATE: 30 October 2002 Here is the property research data you requested on psychics and tattoo parlors. I have also included a copy of the minutes from the October 3`d Planning Commission discussion on the subject. The following are the subject properties (with current zoning) : 10805 W. 44`x' Avenue (Commercial One) - Sacred Skin Tattoo 10908 W. 44`x' Avenue (Restricted Commercial)- Ms. Marchese psychic 9920 W. 44' Avenue (Commercial One)- Terry O'Magick psychic 5400 W. 38`h Avenue (Commercial One)- Ms. Selena psychic 5900 W. 38`h Avenue (Commercial One)- Tribe Tattoo I could not obtain property records for two of the businesses due to time constraints. These properties are: 4550 Wadsworth Boulevard (Planned Commercial Development)- psychic 7615 W. 38`h Avenue # A102 (Planned Commercial Development)- psychic I did not include pawn shops in this research, let me know if you would like them added to the data set. ATTACHMENT 3 ATTACHMENT 4 Locations of Pawn Shops, Tattoo Parlors and Psychic Advisors Ave. Ave. Ave. Pawn Shops Not To Scale ATTACHMENT 4 N City of Wheat Ridge Planning and Development Department Memorandum TO: Alan White FROM: Michael Pesicka SUBJECT: Tattoo parlors, palm readers, pawn shops, fortune tellers, psychic readers DATE: October 28, 2002 Lakewood - All the uses are allowed wherever general retail is permitted. Police Department keeps records on how many and their location. Golden - Pawn shops are allowed in general commercial districts, but require a special use permit. They also must have a 1,000 foot separation from churches and schools. Tatoo parlors, palm readers, fortune tellers and psychic readers are allowed wherever general retail is a permitted use. Arvada - All uses are permitted in the Intensive Business District, which allows for general commercial uses and permanent outdoor storage. Jeffeo Health Department - Tattoo parlors must comply with all State Department of Health requirements. No regulations on palm readers, psychic readers, pawn shops or fortune tellers. State Dept. of Health - Tattoo parlors must comply with minimum requirements. See attached regulations: Denver - Did not respond after numerous phone calls and email messages. ATTACHMENT 5 Wheat Ridge Police Department Address Check for 10805 W. 44th Ave 10908 W. 44th Ave 9920 W. 44th Ave 5400 W. 38th Ave 5900 W. 38th Ave November 4, 1999 - October 24, 2002 Total Calls for Service: 31 DATE CASE NUMBER 10805 W. 44th Ave: September 30, 2001 2001-19891 June 12, 2002 No Case Number July 15, 2002 No Case Number September 15, 2002 2002-15129 October 9, 2002 2002-17111 10908 W. 44th Ave: April 5, 2001 May 1, 2002 May 24, 2002 9920 W. 44" Ave: No Calls for Service 5400 W. 38`h Ave: June 27, 2001 March 13, 2002 July 10, 2002 August 21, 2002 August 29, 2002 September 15, 2002 September 21, 2002 October 7, 2002 October 14, 2002 October 16, 2002 October 21, 2002 2001-6165 No Case Number 2002-8223 2001-12368 2002-3937 2002-11365 2002-14201 No Case Number No Case Number No Case Number No Case Number No Case Number No Case Number No Case Number Zoning Violation Officer Initiated-Unknown Purpose Audible Alarm Found Property Alarm - chargeable Animal DOA Officer Initiated Unknown Purpose Animal Trouble Suspicious Incident Theft Weed Violation Weed Violation Officer Initiated-Unknown Purpose Officer Initiated-Unknown Purpose Officer Initiated-Unknown Purpose Officer Initiated-Unknown Purpose Officer Initiated Unknown Purpose Code Violation Officer Initiated-Unknown Purpose Page MENT 6 ATTACH 5900 W. 38th Ave: December 6, 2000 2000-25000 Domestic Disturbance January 11, 2001 2001-679 Sex Offender Registration February 12, 2001 2002-2578 Sex Offender Registration March 5, 2001 No Case Number Officer Initiated Unknown Purpose May 15, 2001 2001-8941 Child Abuse May 16, 2001 2001-9866 Welfare Check May 17, 2001 2001-9090 Assist-Civil May 21, 2001 2001-9356 Welfare Check August 1, 2001 2001-15221 Assist-Civil September 26, 2001 2001-19584 Suspicious Incident September 26, 2001 2001-19587 Warrant Assist September 27, 2001 2001-2001-19655 Suspicious Incident D. Patt 10-25-02 Page 2 of 2 INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. _ Series of 2002 TITLE: AN ORDINANCE AMENDING SECTION 26-204 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE ZONE DISTRICT USE SCHEDULE TO ADDRESS BODY ART ESTABLISHMENTS IN THE COMMERICAL AND INDUSTRIAL ZONE DISTRICTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,THAT: Section 1. Section 26-123 of the Zoning and Development Code is hereby amended by the addition of the following definitions: Body Art. The practice of physical body adornment by establishments or artists utilizing, but not limited to, the techniques of body piercing, tattooing, branding, sculpting, and scarification. This definition does not include practices conducted under the supervision of a physician licensed to practice medicine under Colorado law nor piercing of the outer perimeter or lobe of the ear by means of sterilized stud-and-clasp ear piercing systems. Body Art Establishment. Any location, whether temporary or permanent, where the practices of body art are performed. Section 2. Section 26-204 of the Zoning and Development Code concerning body art establishments is hereby amended as follows: USES NOTES NC RC C-1 C-2 I Body Art Establishments S S S Section 3. Any use which is made nonconforming upon the effective date of this ordinance by way of not having received approval of a special use permit under prior rules and procedures shall be allowed to continue. Any expansion, addition, or site modification shall require a special use review. All other provisions of section 26-120 (Nonconforming lots, uses, and structures) shall apply. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. ATTACHMENT 7 Section 5. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 6. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 7. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 2002, 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 2002, 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 2002. SIGNED by the Mayor on this day of 12002. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: BODY ART ESTABLISHMENTS SECTION 1: DEFINITIONS AND PURPOSE 1 Definitions 1 SECTION 2: MINIMUM REQUIREMENTS FOR BODY ARTISTS 4 SECTION 3: MINIMUM REQUIREMENTS FOR BODY ART ESTABLISHMENTS 4 SECTION 4: CLIENT RECORDS 5 SECTION 5: FACILITY AND OPERATIONAL REQUIREMENTS 6 SECTION 6: TEMPORARY, SPECIAL EVENT AND MOBILE BODY ART REQUIREMENTS 8 SECTION 7: INFECTION AND EXPOSURE CONTROL WRITTEN PROCEDURES 8 Written Procedures 8 SECTION 8: INSTRUMENTS/STERILIZATION 9 Instrument Cleaning 9 Instrument Packaging/wrapping 9 Instrument Sterilization 10 Instrument Storage 11 Single Use Items 11 SECTION 9: BODY ART PROCEDURE 11 Prohibitions 11 Procedures Specific to Tattooing 12 Procedures Specific to Body Piercing 12 SECTION 10: INSPECTIONS 13 RULES AND REGULATIONS FOR BODY ART ESTABLISHMENTS Effective Date: August 30, 2001 SECTION 1: DEFINITIONS AND PURPOSE 1-101 The purpose of these regulations is to establish the safe and sanitary practice o body art, the safe and sanitary physical environment where body art is performed, and the safe and sanitary conditions of equipment utilized in body art procedures. 1-102 Definitions (a) AFTERCARE INSTRUCTIONS mean written instructions given to the client, specific to the body art procedure(s) rendered. These instructions shall include information regarding when to seek medical treatment, if necessary. (b) ANTISEPTIC means a substance that inhibits growth of bacteria and other microorganisms when applied to the skin (e.g., chlorhexadine gluconate, alcohol, iodophor). It should not be used to decontaminate inanimate objects. (c) BODY ART ESTABLISHMENT means any location, whether temporary or permanent, where the practices of body art are performed. (d) BODY ART means the practice of physical body adornment by establishments or artists utilizing, but not limited to, the techniques of body piercing, tattooing, branding, sculpting, and scarification. This definition does not include practices conducted under the supervision of a physician licensed to practice medicine under Colorado law nor piercing of the outer perimeter or lobe of the ear by means of sterilized stud-and- clasp ear piercing systems. (e) BODY ARTIST means any person who performs body art procedures. (1) BRANDING means a potentially invasive procedure in which a permanent mark is burned into or onto the skin using either temperature, mechanical or chemical means. Page 1 (g) CONTAMINATED means the presence or reasonably anticipated presence of blood, infectious materials or other types of impure materials that have corrupted a surface or item through contact. (h) CONTAMINATION means to make unfit for use by the introduction or potential introduction of blood, infectious materials or other types of impure materials. (i) DEPARTMENT means the Colorado Department of Public Health and Environment, or its authorized agents, and employees. (j) DISINFECTANT means an EPA registered hospital grade disinfectant which has effectiveness against Salmonella cholerasesuis, Staphylococcus aureus and Pseudomonas aeruginosa or a 1:100 dilution of 5.25% sodium hypochlorite (chlorine bleach) and water, made fresh daily, dispensed from a spray bottle, and used to decontaminate inanimate objects and surfaces. (k) DISINFECTION means to destroy or inhibit pathogenic microorganisms on inanimate objects or surfaces. (1) GLOVES mean those which are disposable and single use, and are labeled for surgical or examination purposes. Gloves for instrument cleaning shall be heavy-duty, multi-use and waterproof. (m) HECTOGRAPHIC means a copy made from a prepared gelatin surface to which the original document has been transferred. (n) INFECTIOUS WASTE or REGULATED WASTE means blood or other potentially infectious materials; contaminated items that would release blood or other potentially infectious materials; items caked with blood or other potentially infectious materials that can release these materials upon handling; contaminated sharps; and human pathological/anatomical waste. (o) INVASIVE means entry through the skin or mucosa either by incision or insertion of an instrument body ornament, or any other means. (p) JEWELRY means any ornament inserted into the body, which must be made of surgical implant-grade stainless steel; solid 14k or 18k white or Page 2 yellow gold; niobium, titanium, or platinum; or a dense, low-porosity plastic, which is free of nicks, scratches, or irregular surfaces. (q) PERSON IN CHARGE means the owner, manager or individual(s) present at the body art establishment who is responsible for the operation at the time of an inspection. If no individual is responsible, then any employed person present is the person in charge. If multiple body artists share operation of the establishment, then each artist shall be considered a person in charge and shall be accountable for all requirements of this regulation with regard to common areas and practices in addition to his/her own separate areas and practices. (r) PIERCING means puncturing or penetration of the skin or mucosa of a person and the insertion of jewelry or other adornment in the opening, except that puncturing of the outer perimeter or lobe of the ear with sterilized stud-and-clasp ear piercing system shall not be included. (s) PRE-STERILIZED INSTRUMENTS mean those that are commercially sterilized by the manufacturer. Packaging shall bear a legible sterilization lot number and expiration date. (t) PROCEDURE AREA means any surface of an inanimate object that contacts the client's skin during a body art procedure and all surfaces where instruments and supplies are placed during a procedure. (u) SCARIFICATION means an invasive procedure in which the intended result is the production of scar tissue on the surface of the skin. (v) SCULPTING means a modification of the skin, mucosa, cartilage, or tissue of the body for non-medical purposes. (w) SHARPS CONTAINER means a puncture-resistant, leak-proof, rigid container that can be closed for handling, storage, transportation and disposal and is labeled with the Universal Biological Hazard Symbol. (x) SHARPS mean all objects (sterile or contaminated) that may purposely or accidentally cut the skin or mucosa including, but not limited to, single use needles, scalpel blades and razor blades. It does not include disposable safety razors which have not broken the skin. Page 3 (y) STERILIZATION means a process that results in the total destruction of all forms of microbial life, including highly resistant bacterial spores. (z) STERILIZER means an autoclave that is designed and labeled by the manufacturer as a medical instrument sterilizer and is used for the destruction of microorganisms and their spores. (aa) TATTOOING means inserting pigment under the surface of the human skin or mucosa by pricking with a needle or other means, to permanently change the color or appearance of the human skin or to produce an indelible mark or figure visible through the human skin. (bb) UNIVERSAL PRECAUTIONS mean a set of precautions designed to prevent transmission of human immunodeficiency virus (HIV), hepatitis B and other bloodbome pathogens as defined by the Ce=,rs fnr n... ' Control. Under Universal Precautions, blood and certain body fluids of all `m vidua s are considered infectious. SECTION 2: MINIMUM REQUIREMENTS FOR BODY ARTISTS 2-201 All body artists shall comply with the following: (a) Possess and demonstrate knowledge of Universal Precautions, disinfection and sterilization techniques, procedures forme n exposure control required in section 7-701(a), and the Infectious Waste Management Plan required in Section 7-701(b)4. (b) Receive vaccination against hepatitis B (HBV) or provide a written statement to the manager or owner o tile body art establishment stating that he or she declines the vaccination. SECTION 3: MINIMUM REQUIREMENTS FOR BODY ART ESTABLISHMENTS 1 3-301 The body art establishment must have a person(s) in charge at all times who is responsible for the operation. 3-302 The following information on each employee of a body art establishment shall be on file and available for inspection by the Department. (a) Full legal name (b) Home address Page 4 (c) Home phone number (d) Proof that all employees handling sharps and/or infectious waste have either completed or were offered and declined, in writing, the hepatitis B vaccination series. This offering shall be included as a pre-employment requirement and comply with 2-201(b) 3-303 The person in charge shall have access to the following information and it shall be on the premises for review by the Department: (a) Contract or agreement for sharps disposal and/or other Infectious/Regulated Waste disposal (b) Spore test log and test results (c) Client records (d) Manufacturer's information on sterilization equipment (e) Infection and exposure control written procedures SECTION 4: CLIENT RECORDS) 4-401 The person in charge shall have access to and shall maintain client records on the premise for a minimum of three (3) years. The client records shall be available for review by the Department. 4-402 The following information shall be documented and used by the body artist to determine the client's suitability for receiving a body art procedure. In order to assure insofar as possible the proper healing of a client following a body art procedure, the client shall be asked to disclose if he/she has any of the following: (a) Diabetes (b) Hemophilia (c) Skin diseases or skin lesions (d) Allergies or adverse reactions to latex, pigments, dyes, disinfectants, soaps or metals (e) Treatment with anticoagulants or other medications that thin the blood and/or interfere with blood clotting (f) Any other information that would aid the body artist in the client's body art healing process evaluation 4-403 Client consent form for all procedures shall include the following: (a) Name, address and current phone number of the client Page 5 (b) Date of the procedure (c) The type and location of the body art (d) Documentation that both written and verbal instructions regarding risks, outcome and aftercare were given to the client including: 1. Name, address, and phone number of the establishment and the name of the body artist who performed the procedure; 2. Direction of when to consult a physician to include signs of infection, allergic reaction and expected duration of healing; 3. Detailed description of how to care for the body art procedure site; 4 Explanation that body art should be considered permanent; and 5. Possible side effects from the procedure. {SECTION 5: FACILITY AND OPERATIONAL REQUIREMENTS) t 5-501 All procedure areas and instrument cleaning areas shall have floors, walls and ceilings constructed of smooth, nonabsorbent and easily cleanable material. Outer openings shall provide protection against contamination from dust and other contaminants. < 5-502 Toilet facilities shall be provided and shall be made available to both patrons and employees during all business hours. Floors and walls within toilet facilities shall be constructed of smooth, nonabsorbent and easily cleanable material. 5-503 The premises shall be maintained clean and in good repair 5-504 At least fifty (50) foot candles of artificial light shall be provided at the level where the body art procedure is performed and in instrument cleaning and sterilization areas. 5-505 All surfaces, including, but not limited to, counters, tables, equipment, chairs, recliners, shelving and cabinets in the procedure area and instrument cleaning room shall be made of smooth, nonabsorbent materials to allow for easy cleaning and disinfection. 5-506 Hand sinks shall be supplied with hot and cold running water delivered through a mixing faucet and under pressure. Hand sinks shall be easily accessible to each procedure area and shall be located so that one artist does not potentially contaminate another artist's area. Each hand sink shall be provided with soap and Page 6 disposable towels or a hand-drying device providing heated air. In addition, a hand sink shall be provided in or adjacent to each toilet room. 5-507 Distinct, separate areas shall be used for cleaning equipment, wrapping/packaging equipment, and for the handling and storage of sterilized equipment. 5-508 Instrument cleaning sinks, hand-washing sinks, and, where provided, utility sinks shall be separate and shall only be used for their designated purpose. 5-509 Water shall be supplied from a source approved by the Department. 5-510 Sewage, including liquid wastes, shall be discharged to a sanitary sewer or to a sewage system constructed, operated and maintained according to law. 5-511 Refuse, excluding infectious wastes, shall be placed in a lined waste receptacle and disposed of at a frequency that does not create a health or sanitation hazard. 5-512 All facilities shall have a waiting area that is separate from the body art procedure area, and from the instrument cleaning, sterilization, and storage areas. 5-513 Reusable cloth items shall be mechanically washed with detergent in water at a minimum of 140° F, unless an approved disinfectant is applied in the rinse cycle or the dryer uses heat above 140° F as specified by the manufacturer. Clean cloth items shall be stored in a clean, dry environment until used. Soiled laundry shall be stored in a nonabsorbent container until removed for laundering and shall be stored separate from clean cloths. 5-514 Animals shall not be allowed in the body art procedure areas, or the instrument cleaning, sterilization, or storage areas. Fish aquariums and/or service animals shall be allowed in waiting rooms and non-procedural areas. 5-515 All chemicals shall be labeled with contents, properly stored, and used according to label instructions. 5-516 All body art establishments shall be completely separated from areas used for human habitation, food preparation, or other such activities that may cause potential contamination of work surfaces. 5-517 Utensil washing and utility sinks with threaded faucets shall be equipped with back flow prevention devices approved by the Department. Page 7 5-518 Sharps and Infectious/Regulated Waste must be handled in a manner consistent with §25-15-401, CRS. (a) Discarded sharps shall be disposed of in sharps containers. (b) Infectious/Regulated waste other than sharps shall be placed in impervious, tear resistant, plastic bags, which are red in color and marked with the Universal Biological Hazard Symbol. (c) Sharps and Infectious/Regulated waste shall be disposed of by an approved, off-site treatment facility, or waste may be treated on-site if the treatment complies with all federal, state and local requirements. (d) On-site treatment requires a written plan outlining disposal as required in Section 7-701(b)4. SECTION 6: TEMPORARY, SPECIAL EVENT AND MOBILE BODY ART REQUIREMENTS 6-601 All provisions of these regulations shall apply with the following exceptions: (a) Hand wash facilities shall be easily accessible to each procedure area and designated for use by artists only. Hand wash facilities shall comply with 5-506 or, temporary hand wash facilities shall consist of soap, single use paper towels and an adequate supply of potable water dispensed through a continuous flow spout. Wastewater shall be collected and disposed of in a sanitary manner. (b) Body artists may bring pre-sterilized instruments, or instruments which have been sterilized at another location with documentation showing a negative spore test result within the previous 30 days. On site sterilization units may be used and shall comply with Section 8-803. 6-602 After the last procedure is completed, all procedure areas shall be cleaned and disinfected. SECTION 7: INFECTION AND EXPOSURE CONTROL WRITTEN PROCEDURES 7-701 Written Procedures (a) Every body art establishment shall have and comply with written procedures for infection and exposure control. All procedures developed Page 8 for the written plan shall be in compliance with standards, and all local and state regulations. (b) These written procedures shall include, but are not limited to: 1. Instrument cleaning and sterilization 2. Cleaning and disinfection of the procedure area(s), as required in Section 9-902(g) 3. Universal Precautions procedures 4. Infectious Waste Management plan, consistent with CRS 25-15- 401, including segregation, identification, packaging, storage, transport, treatment, disposal and contingency planning for blood spills or loss of containment of Infectious/Regulated Waste. SECTION 8: INSTRUMENTS/STERILIZATION 8-801 Instrument Cleaning (a) All instruments that penetrate body tissue shall be properly cleaned prior to packaging and sterilization. All other instruments shall be cleaned and disinfected after each use. (b) All instruments placed in the procedure area shall be repackaged and re- sterilized. (c) Employees shall wear heavy-duty, multi-use, and waterproof gloves while cleaning instruments. (d) Used instruments shall be soaked in a disinfectant until cleaning can be performed. The solution shall be changed in a time as recommended by the solution manufacturer. (e) Instruments shall be disassembled for cleaning. (f) All instrument components shall be cleaned, either manually or in an ultrasonic cleaner, using the appropriate cleaning agent specific to the type of cleaning performed. 8-802 Instrument Packaging/wrapping (a) Employees shall wear clean gloves while packaging/wrapping instruments. (b) Instruments shall be wrapped or packaged with a sterilizer indicator on or in each package. Page 9 (c) All packages shall be labeled with the time and date of sterilization. Packages will no longer be considered sterile six months after the date of sterilization. 8-803 Instrument Sterilization (a) The sterilizer shall be designed and labeled as a medical instrument sterilizer. (b) The operators' manual for the sterilizer shall be available on the premise and the sterilizer shall be operated according to manufacturer's recommendations. (c) The sterilizer shall be cleaned and maintained according to manufacturer's specifications. (d) A sterilizer load log shall be maintained for a minimum of three years at the facility and made available for inspection. The log shall contain the following documentation for each load: 1. Description of instruments contained in the load; 2. Date of sterilization load, and time or other unique identifier if more than one load is processed during a single day; 3. Sterilizer cycle time and temperature; 4. Indication of proper sterilization of instruments, as evidenced by the appropriate color indicator change on each package. Indicator used shall be compatible with the sterilization process being used; and 5. Action taken when appropriate color indicator change did not occur. (e) Sterilizer Monitoring 1. Sterilizer monitoring shall be performed at least monthly (unless more frequent monitoring is specified by the manufacturer) by using a commercial biological monitoring (spore) system. 2. All biological indicators shall be analyzed by a laboratory independent from the establishment. 3. Biological indicator test results shall be maintained on the premises for a minimum of three (3) years and must be available for inspection at all times. Page 10 8-804 Instrument Storage (a) Hands shall be washed prior to handling sterilized instrument packs. (b) After sterilization, the instruments shall be stored in a dry, clean area reserved for storage of sterile instruments. 8-805 Single Use Items (a) Single use items shall not be used on more than one client and shall be disposed of after the procedure. (b) Contaminated single use needles, razors and other sharps shall be disposed of immediately in approved sharps containers. SECTION 9: BODY ART PROCEDURE 9-901 Prohibitions include: (a) Procedures performed on any person who is noticeably impaired by drugs or alcohol. (b) Smoking, eating and drinking in the procedure and/or instrument cleaning areas. (c) Procedures performed on skin surfaces that have sunburn, rash, pimples, boils, infections, moles, or manifest any evidence of unhealthy conditions. 9-902 The following procedures shall be practiced by all body artists: (a) Thoroughly wash hands with soap and warm water for at least 15 seconds before and after serving each client. Following thorough washing, hands shall be dried using clean, disposable paper towels, or a hand-drying device providing heated air. (b) Wear new, clean gloves for each procedure. If a glove is pierced, torn or contaminated, both gloves must be properly removed and discarded. Hands shall be washed prior to donning a new pair of gloves. (c) Change drapes, lap cloths or aprons between each client. If multi-use, these items shall be washed according to Section 5-513 prior to reuse. (d) Wear new, clean gloves while assembling instruments and supplies to be used in the procedure. All sterilized instruments shall remain in the sterile packages until opened in front of the client. (e) Dispense all substances used in the procedures from containers in a manner to prevent contamination of the unused portion. For example, Page 11 substances from multi-use containers shall be dispensed into single use portions and shall be applied to only one client. (f) Discard single use ointment tubes, applicators and supplies after the procedure. (g) After each client, use a disinfectant according to label instructions, and a single use paper towel to wipe all surfaces touched during the procedure. Surfaces include, but are not limited to, counters, tables, equipment, chairs, recliners, shelving, cabinets, and supplies. 9-903 Procedures specific to tattooing (a) The use of hectographic or single-use stencils shall be required for applying a tattoo outline to the skin, except that, when the design is drawn free hand, non-toxic single use markers or other non-toxic single use devices shall be used. Multi-use stencils are prohibited unless they can be properly disinfected between uses. (b) Before placing the design on the skin, the body artist shall clean the area with soap and, if necessary, shave off any hair with a disposable, single use safety razor or a disinfected multi-use razor. The area shall be treated with an antiseptic prior to stencil application. (c) Inks, dyes, or pigments in single use containers shall be used for each client. Any remaining unused dye or pigment shall be discarded immediately following the tattoo procedure. (d) Excess ink, dye, or pigment applied to the skin during tattooing shall be removed with a clean single use product. (e) After the procedure is completed, the area shall be covered with clean gauze or an appropriate bandage and held in place with a suitable skin tape. 9-904 Procedures specific to Body Piercing (a) All body piercing needles shall be sterile, single use, and manufactured for either medical or body piercing purposes. All needles shall be disposed of immediately after use in a sharps container. (b) Only sterilized jewelry or new jewelry that has been disinfected and is clean and in good condition shall be used. (c) Stud-and-clasp systems shall be used according to manufacturer's instructions and shall only be used on the earlobe or the outer perimeter of the ear. Page 12 SECTION 10: INSPECTIONS 10-1001 Agents of the Department, after proper identification, shall be permitted to enter any body art establishment during business hours for the purpose of making inspections, investigating complaints and to determine compliance with these regulations. Agents of the Department shall only enter a procedure area with the client's consent. 10-1002 The agents shall be permitted to examine documents or true copies of documents relative to requirements of these regulations. 10-1003 Whenever an inspection of a body art establishment is made the findings shall be recorded and shall describe violations that exist. A copy of the completed report shall be furnished to the person in charge by the end of the next workday following conclusion of the inspection. Page 13 This case was presented by Meredith Reckert. She entered all pertinent documents into the record which were accepted by Chair WEISZ and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff recommended approval of the case for reasons outlined in the staff report. Commissioner SNOW asked if staff contacted the ditch company. Ms. Reckert and the applicant explained that the ditches on the property are lateral ditches and therefore, permission from the ditch company is not required. Herbert Fightmaster 11641 West 44`n Avenue Mr. Fightmaster, the applicant, was sworn in by Chair WEISZ. In response to a question from Commissioner SNOW about water, he explained that lot 1 has city water, lot 2 is on a well, and a tap is available for lot 3. Kent Young 11280 West 46th Avenue Mr. Young was sworn in by Chair WEISZ. He inquired about the sale of lot 3 and asked what could be developed there. Ms. Reckert replied that the lot is zoned R-3 which would allow 18 dwelling units. Mr. Young expressed concern about the saturation of this area. He would like to see development limited to two or three duplexes. Commissioner SNOW explained that the land is zoned R-3 and the owner can build as many units as the law allows in this zoning district. It was moved by Commissioner PLUMMER and seconded by Commissioner SNOW to recommend approval of Case No. MS-02-06, a request for approval of a three-lot subdivision on R-3 zoned property located at 11661 West 44th Avenue, 11641 West 44tH Avenue and 4455 Simms Street, for the following reasons: 1. All minimum requirements of the R-3 development standards have been met or exceeded.. 2. All minimum requirements of the Subdivision Regulations have been met. With the following conditions: 1. A signature block for the chairman of the Planning Commission be added to the drawing. 2. At the time of building permit, the developer of Lot 3 contribute cash in lieu of land dedication for parks and recreation purposes. The motion passed 7-0. B. Case No. ZOA-02-06: Ordinances amending Section 26-204 of the Wheat Ridge Code of Laws pertaining to changes to the Table of Uses for the Commercial and Industrial Districts regarding psychic advisors and pawn shops. Planning Commission Page 2 November 21, 2002 Alan White presented this case beginning with "psychic advisors," a term devised to define palm reading and psychic reading businesses. Since this hearing was continued with no date certain, the hearing was republished. He reviewed the staff report that contained information earlier requested by the Commission. There are five establishments in the city. Police activity associated with these businesses has been minimal. Surrounding municipalities generally allow these uses in commercial districts and do not require special use processes. Commissioner SNOW expressed concern about the definition of "psychic advisors" in that it could conflict with licensed counseling services, etc. Chair WEISZ asked to hear from members of the public. Catherine Webster 4000 Jay Street Ms. Webster is proprietor for the Psychic Center of the Rockies. She expressed concern about the vagueness of the ordinance and wondered what would happen to her business. Commissioner McMILLIN asked Ms. Webster if she felt the psychic advisor business was growing. Ms. Webster replied that popularity of these businesses vary, but seem to be at the height of fashion at the present time. She did comment, however, that she has seen several of these establishments go out of business lately. Robert McGhee 5940 West 38`h Avenue Mr. McGhee requested that existing businesses be left alone and grandfathered in. Commissioner McNAMEE questioned the intent of the ordinance and whether there was a problem or just a perceived problem. She read the following statement into the record: If we require a special use process in order to protect all of our citizens from potential harm, whether monetary, physical or simply mental duress, then I suggest we also make all of the following businesses special uses as I feel they actually hold a higher risk of damaging our populace: attorneys, doctors, dentists, psychiatrists, accountants, banks, loan offices, finance offices, stockbrokers, adult entertainment establishments, government offices, pharmacies, grocery stores, private clubs, bingo parlors, motorcycle sales, taverns, nightclubs, lounges, bars, restaurants, liquor stores, tobacco stores, sporting good stores and, last but not least, guns, weapons and ammunition sales. She stated her point was that it is impossible to protect everyone from possible harm. Further, the state already has laws to protect at-risk adults and prohibiting fraud and theft. Commissioner COOPER agreed with Commissioner McNAMEE. Commissioner McMILLIN commented that the silence of the public over this issue during the two public hearings is deafening and is persuasive that there is no perceived problem with these types of businesses among the general public. It was moved by Commissioner McMILLIN and seconded by Commissioner COOPER that Planning Commission recommend no change to current regulations except to add Planning Commission Page 3 November 21. 2002 these businesses as permitted uses in all commercial districts except Neighborhood Commercial with no grandfathering needed and with no spacing requirements. Commissioner MCNAMEE offered a friendly amendment to add to the definition of "psychic advisor" the following words "not to include state licensed counseling professionals." This was accepted by Commissioners McMILLIN and COOPER. The motion passed 7-0. Alan White presented the pawn shop portion of this case. He reviewed the staff report which included information previously requested by the Commission. Commissioner SNOW expressed her concern about the high interest charged (up to 240% a year) by pawn shops. She made a request for the city attorney to look into whether or not the city is able to regulate the amount of interest charged. Alan White has contacted the city attorney who will research the matter. Commissioner McMILLIN asked Alan White what the prospects were for having more pawn shops locate in Wheat Ridge. Mr. White explained that there are five C-2 parcels in the city which could accommodate pawn shops and noted that pawn shops are subject to the special use process. He further stated there have been no new applications for pawn shops during the past five years in which he has worked for the city. David Fein 1075 S. Yukon 0250, Lakewood Mr. Fein was sworn in by Chair WEISZ. Mr. Fein is an attorney representing EZ Pawn. He expressed EZ Pawn's opposition to any ordinance that would change their status. He stated that EZ Pawn generates over a million dollars in sales each year and pays taxes to the city. He stated that pawn shops and the interest rates they charge are heavily regulated by the state and that EZ Pawn has a good relationship with Wheat Ridge police. He read from a study performed by Georgetown University that set forth the benefits of pawn shops. He did not believe that pawn shops are undesirable business nor do they attract undesirable people. Commissioner McMILLIN commented that people sometimes use pawn shops as a place to sell items rather than obtain loans. Commissioner McMILLIN referred to a triple murder that occurred several years ago in the store on Wadsworth and asked if anyone knew the motive for this crime. Commissioner SNOW stated that she recalled from newspaper accounts that the crime had nothing to do directly with the pawn shop business. Robert McGhee 5940 West 38th Avenue Mr. McGhee stated that he is a local merchant. He stated that when he was a contractor, he sometimes used pawn shops to pawn tools in order to make payroll. He stated that heavy state regulations prevent the use of pawn shops as places to dump stolen property. Planning Commission Page 4 November 21, 2002 Matthew Bowman 5900 West 38th Avenue Mr. Bowman stated that he used the services of pawn shops when he was a college student. He explained that interest rates begin with 10% for thirty days and increase at a rate of 10% monthly up to a yearly rate of 120%. However, the pawn shops only hold the property for ninety days before it goes up for sale. Mr. Fein returned to the podium to ask if the city was still considering moving pawn shops to industrial districts. Commissioner SNOW explained the process up to this point. It was moved by Commissioner McNAMEE and seconded by Commissioner PLUMMER that the ordinance remain as it is and that a special use not be added to C-1. The motion passed 7-0. C. Case No. ZOA-02-07: Ordinances amending Section 26-222 of the Wheat Ridge Code of Laws concerning Streetscape Overlay District (SO). This case was presented by Meredith Reckert. She reviewed the staff report which recommended approval of the ordinance which would ease the negative effects of the present ordinance on potential small business projects. Following discussion by the Commission, Chair WEISZ asked to hear from members of the public., Robert McGhee 5940 West 381h Avenue He stated his belief that this ordinance would force all improvements onto the business owners. He asked for general standards for streetscaping and that expensive items, such as lampposts, be paid for by the city. He expressed concern that too much pressure on businesses to pay for improvements will force those businesses out of the city. It was moved by Commissioner McNAMEE and seconded by Commissioner PLUMMER that Case No. ZOA-02-07, proposed amendments to Section 26-222D, Streetscape Overlay District of the Wheat Ridge Code of Laws, be forwarded to City Council with a recommendation of approval for the following reasons: 1. A raised ceiling for application of the standards for installation of streetscape improvements may facilitate the expansion or improvement of small businesses. 2. There is currently no definition as to what "cost of improvements" includes. It is further recommended that City Council look at this overlay district ordinance in order to develop a cohesive plan for each corridor and that these requirements be triggered only on large scale redevelopment. Commissioner SNOW requested a friendly amendment that City Council also re-evaluate whether the current standards are achieving their purpose which is for local businesses to upgrade their properties. Planning Commission Page 5 November 21, 2002 I/ PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE PLANNING COMMISSION November 21, 2002 Case No. ZOA-02-06: Ordinances amending Section 26-204 of the Wheat Ridge Code of Laws pertaining to changes to the Table of Uses for the Commercial & Industrial Districts regarding psychic advisors and pawn shops. (Please print) Name Address In Favor/Opposed r4 Adriri¢..~j e65~er 1jQoo0,~r,5(z.S~ Q.~r~as~cQ p ✓a~ic( S. Fe Gtl~ EIC040 (0 YAM Cltew--J 0 (~~7ose~ S-Y%6 GtJ /J~~~SSt~ n~ ~M~,~-ems ~CZt~tr n~~ P~J NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on November 21, 2002, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: Case No. MS-02-06: Application filed by Herb Fightmaster for approval of a 4- lot minor subdivision plat on property zoned Residential-Three (R-3), located at 11641 & 11661 West 44"h Avenue and 4455 Simms Street and legally described as follows: A TRACT OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6T" PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO BEING THAT PORTION OF LOTS 13 AND 14, LEE'S SUBDIVISION, A SUBDIVISION RECORDED IN THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER IN PLAT BOOK 2 AT PAGE 23, DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 20, THENCE N.00-3 1'29"W. ON AN ASSUMED BEARING ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 20, A DISTANCE OF 653.34 FEET TO THE SOUTHEAST CORNER OF SAID LOT 13 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING N.0003 1'29"W. ALONG THE EAST LINES OF SAID LOTS 13 AND 14, A DISTANCE OF 335.30 FEET; THENCE S.89° 11' 17"W. A DISTANCE OF 330.87 FEET TO A POINT ON THE WEST LINE OF THAT TRACT OF LAND DESCRIBED IN RECEPTION NUMBER 92112784 OF THE JEFFERSON COUNTY RECORDS; THENCE S.00°29'30"E. ALONG SAID WEST LINE, A DISTANCE OF 128.92 FEET TO THE SOUTHWEST CORNER OF SAID TRACT; THENCE N.89° 10' 15"E. ALONG THE SOUTH LINE OF SAID TRACT, A DISTANCE OF 9.03 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE-HALF OF SAID LOT 13; THENCE S.00°29'30"E. ALONG SAID WEST LINE A DISTANCE OF 205.07 FEET TO THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF SAID LOT 13; THENCE N.89014'37"W. ALONG THE SOUTH LINE OF SAID LOT 13, A DISTANCE OF 322.04 FEET TO THE TRUE POINT OF BEGINNING. Case No. ZOA-02-06: Ordinances amending Section 26-204 of the Wheat Ridge Code of Laws pertaining to changes to the Table of Uses for the Commercial & Industrial Districts regarding psychic advisors and pawn shops. Case No. ZOA-02-07: Ordinance amending Section 26-222 of the Wheat Ridge Code of Laws concerning Streetscape Overlay District (SO). Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To Be Published: Wheat Ridge Transcript Date: November 7, 2002 6. PUBLIC FORUM James Homberger 5509 West 26th Avenue Mr. Homberger stated that he has lived at this address for 48 years and was incorporated into the city without his choice. He expressed displeasure with the city for the following: First of all, he was required to tear down his fence to make room for curb and gutter on 26th. He was also required to remove two shade trees. The city promised to replace his willow tree and this never happened. He expressed appreciation to the city for paving Chase Street. He stated that he accumulated materials to build a shop and garage when he retired. Since that time his zoning was changed from R-3 to R-1 which doesn't allow enough room for the shop and garage. Code enforcement advised him that he had to remove all his building materials, and he complied. Commissioner MCMILLIN . suggested that Mr. Homberger look into the possibility of obtaining a variance to build his shop and garage. PUBLIC HEARING A. Case No. ZOA-02-06: Ordinance amending Section 26-204 of the Wheat Ridge Code of Laws pertaining to changes to the Table of Uses for the Commercial & Industrial Districts regarding tattoo parlors. The case was presented by Alan White. He reviewed the staff report and noted that Planning Commission had requested that only one type of business be considered at a time. Tattoo parlors are being addressed at this meeting. Pawn shops and psychic advisors will be addressed at the November 21 meeting. Commissioner SNOW asked Mr. White if he viewed tattoo parlors as a problem. He replied that research indicated that other jurisdictions don't see them as a problem and have no special regulations for tattoo parlors. Commissioner SNOW questioned the reasoning that tattoo parlors should not be located in neighborhood commercial districts. Commissioner McNAMEE commented that she could not see a problem with tattoo parlors. Chair WEISZ asked to hear from those who wished to speak about the ordinance. John Slaughter 675 Santa Fe Drive Mr. Slaughter is the proprietor of Tribe Tattoo. He stated that he learned Sacred Skin tattoo parlor is closing so that his establishment is now the only tattoo parlor in Wheat Ridge. He requested that his business be grandfathered in. In response to a question from Commissioner PLUMMER regarding age requirements, Mr. Slaughter stated that he follows Denver's regulations. His establishment does not tattoo under the age of eighteen. Infants' ears may be pierced with parental consent. Basic piercings are performed for age thirteen and above. Planning Commission Page 2 November 7, 2002 Commissioner McNAMEE asked how many customers are in the establishment on a busy day. Mr. Slaughter stated the number would probably range from ten to twenty. Commissioner McMILLIN asked if Mr. Slaughter could see reasons that a tattoo parlor would be forced to close. Mr. Slaughter replied that the business is very competitive in relation to having new techniques, new inks, etc. Robert McGhee 5940 West 38th Avenue Mr. McGhee stated that he could not understand why the City of Wheat Ridge was so concerned with one tattoo parlor in the city and, further, why tattoo parlors are classed with pawn shops and fortune tellers. Catherine Webster 4000 Chase Street Ms. Webster owns Psychic Center of the Rockies. She appeared in support of the tattoo parlors and questioned the reason for the proposed ordinance. She did agree with spacing requirements set forth in the ordinance. Commissioner SNOW commented that she believed tattoo parlors should be allowed in all commercial districts. Commissioner McMILLIN stated that he did not believe it would be necessary to allow tattoo parlors in neighborhood commercial districts due to the fact that tattoo parlors draw their customers from regional, rather than neighborhood, areas. It was moved by Commissioner SNOW and seconded by Commissioner COOPER to recommend that City Council adopt the ordinance as drafted by staff to allow body art establishments in the NC, RC, C-1, C-2 and Industrial Districts with a 1,500 foot spacing requirement between such establishments; and, if at this time, there are any of these establishments that would become noncomforming that they be considered legally nonconforming upon adoption of this ordinance. Commissioner McNAMEE offered a friendly amendment that spacing restrictions be measured from property line to property line as it is in other spacing restrictions in the city. Commissioner SNOW did not accept the amendment because she believed there was a difference between car lots which are outside businesses and tattoo parlors that are enclosed in buildings. Commissioner SNOW amended her motion to require that spacing be measured from the outer limits of all spaces leased or operated by the tattoo parlor. She did not believe it was necessary to have spacing requirements between tattoo parlors and psychic readers or pawn shops. It was moved by Commissioner McMILLIN and seconded by Commissioner PLUMMER that neighborhood commercial be eliminated from the allowed locations. The motion failed 3-4 with Commissioners WITT, COOPER, SNOW and McNAMEE voting no. 7.2002 Page S A vote was taken on Commissioner SNOW's motion. It passed 6-1 with Commissioner McMILLIN voting no. B. Case No. ZOA-02-04: An ordinance amending Section 26-621 of the Wheat Ridge Code of Laws pertaining to parking in residential areas. This case was presented by Alan White. He reviewed the staff report and the ordinance which contained suggestions submitted by the Planning Commission at the previous hearing on this matter. He submitted photographs taken by staff around the city showing examples of various combinations of recreational vehicles. He also submitted information regarding surrounding communities' regulations concerning recreational vehicles. Commissioner MCMILLIN asked which problems are most pressing with citizens of Wheat Ridge: general appearance, neighborhood impacts, lot overcrowding, or relative visual scale. Alan White replied that he wasn't sure that one problem was more pressing than another but that it depends on the circumstance. Commissioner McMILLIN asked how many complaints regarding RV parking have been received by the Planning Department. Alan explained that these complaints go to code enforcement division of the police department, but his office received three calls within the last week in favor of regulating RV parking. No calls were received in opposition to the regulations. Commissioner SNOW questioned the reason for the inclusion of unattached pick-up campers in the ordinance. Alan White replied that it was due to concern that several campers might be stored on the property. In response to a question from Commissioner McMILLIN, Mr. White explained that the Board of Adjustment cannot allow variances in relation to storage of RV's. Commissioner SNOW stated her concern about relating the number of RV's to the size of the lot. Commissioner COOPER asked if this would present an enforcement nightmare. Alan White replied that it would be easier to enforce a certain number of RV's rather than percentage of lot coverage. Chair WEISZ asked to hear from members of the public. Don MacDouall 9815 West 37t Avenue Mr. MacDougall expressed his opposition to limiting the number of RV's in all situations. He has an acre lot which has several vehicles which are out of sight on his property. He has lived there for thirty years and never received a complaint from neighbors about his trailers or his horses. It is also important to him to keep his property looking nice. Planning Commission Page 4 November 7. 2002 City of Wheat Ridge Planning and Development Department Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director 4 F WHEgT O ,p h p (.7 U to C5L OR Poo SUBJECT: Case No. ZOA 02-06, Code Amendments Pertaining to Tattoo Parlors, Pawn Shops, Fortune Tellers, Palm Readers, and Psychic Readers DATE: September 25, 2002 Council requested that staff prepare ordinances to restrict the locations of these uses in the commercial zone districts in the City. Other than pawn shops, the uses are not currently listed in the table of uses for commercial and industrial districts. Pawn shops are currently allowed under a special use only in the C-2 zone district. Under the ordinances, the uses are made permitted uses in only the industrial zone district. Existing uses made non-conforming by the adoption of the ordinances would be given a certain amount of time to operate, then would have to cease. The amortization date has been left blank in the ordinance and we are looking for your recommendation. Motions to recommend adoption of the ordinances are needed. CADwumeuts and SettwgsW=Wy Documents\WPFilesTrojwU\zouivg =eudmems\mttoo parlor pc memo.wpd INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. _ Series of 2002 TITLE: AN ORDINANCE AMENDING SECTION 26-204 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE ZONE DISTRICT USE SCHEDULE TO ADDRESS TATTOO PARLORS IN THE COMMERICAL AND INDUSTRIAL ZONE DISTRICTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,THAT: Section 1. Section 26-204 of the Zoning and Development Code concerning pawn shops is hereby amended as follows: USES NOTES NC RC C-1 C-2 I Tattoo Parlors Non-conforming uses must cease to exist by P Section 2. Amortization of Existing Uses. Any use made non-conforming by the adoption of this ordinance shall cease to exist by Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 5. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 2002, 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 2002, 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 2002. SIGNED by the Mayor on this day of 2002. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: eApImningWor \ordlrm INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. _ Series of 2002 TITLE: AN ORDINANCE AMENDING SECTION 26-204 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE ZONE DISTRICT USE SCHEDULE TO ADDRESS PAWN SHOPS IN THE COMMERICAL AND INDUSTRIAL ZONE DISTRICTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,THAT: Section 1. Section 26-204 of the Zoning and Development Code concerning pawn shops is hereby amended as follows: USES NOTES NC RC C-1 C-2 I Pawn Shops Non-conforming uses must cease to exist by S P Section 2. Amortization of Existing Uses. Any use made non-conforming by the adoption of this ordinance shall cease to exist by Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 5. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 2002, 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 2002, 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 12002. SIGNED by the Mayor on this day of 1 2002. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: eAplanning\fo=\ord.frm INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. _ Series of 2002 TITLE: AN ORDINANCE AMENDING SECTION 26-204 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE ZONE DISTRICT USE SCHEDULE TO ADDRESS FORTUNE TELLING, PSYCHIC READING, PALM READING AND SIMILAR USES IN THE COMMERICAL AND INDUSTRIAL ZONE DISTRICTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-204 of the Zoning and Development Code is hereby amended with the addition of Fortune Telling, Psychic Reading, Palm Reading and Similar Uses in the Table of Uses - Commercial and Industrial Districts, as follows: USES NOTES NC RC C-1 C-2 I Fortune Telling, Psychic Non-conforming uses must cease to exist by P Reading, Palm Reading, and Similar Uses Section 2. Amortization of Existing Uses. Any use made non-conforming by the adoption of this ordinance shall cease to exist by Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severabilitv. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 6. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 2002, 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 2002, 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 2002. SIGNED by the Mayor on this day of 2002. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: eAplauui &o=Xord.fim V PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE PLANNING COMMISSION November 7, 2002 Case No. ZOA-02-06 (continued from October 3, 2002): Ordinance amending Section 26-204 of the Wheat Ridge Code of Laws pertaining to changes to the Table of Uses for the Commercial & Industrial Districts regarding tattoo parlors. (Please print) Name Address In Favor/Opposed T P % C-6-171f; ~ 1,44A44 / I/lJ ~ IO S ~ ~ CC~~/l/U'/ ~GOO (mil/ (/f hPi c~7` ~~7'i7~ z% NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMNHSSION on November 7, 2002, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29 b Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: Case No. ZOA-02-06 (continued from October 3, 2002): Ordinances amending Section 26-204 of the Wheat Ridge Code of Laws pertaining to changes to the Table of Uses for the Commercial & Industrial Districts regarding tattoo parlors. Case No. ZOA-02-04: An ordinance amending Section 26-621 of the Wheat Ridge Code of Laws pertaining to parking in residential areas. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To Be Published: Wheat Ridge Transcript Date: October 31, 2002 1. All requirements for a final development plan amendment have been met. 2. All minimum specifications. of the Planned Industrial District have been met or exceeded. 3. All outside agencies can continue to serve the property. 4. The Public Works Department has approved the drainage report and plan for the proposed modifications. With the following condition: 1. On page six of the plan, item one: the words "new turf is to be blue grass sod per specifications" shall be changed to read: "new turf is to be drought resistant grass." The motion passed 7-0 with Commissioner COOPER absent. B. Case No. ZOA-02-06: Ordinances amending Section 26-204 of the Wheat Ridge Code of Laws pertaining to changes to the Table of Uses for the Commercial and Industrial Districts regarding tattoo parlors, palm readers, psychic readers, fortune tellers and pawn shops. This case was presented by Alan White. He advised the Commission that all noticing requirements had been met and there was jurisdiction to hear the case. He entered all pertinent documents into the record which were accepted by Chair WEISZ. He explained that, at the request of City Council, the planning department drafted the proposed zoning amendments. It is proposed to allow these uses only in industrial zones. All existing uses would then become nonconforming. Under the code, nonconforming uses could exist in perpetuity, but could never be expanded. Another alternative for nonconforming uses would be to grandfather present uses. Amortization could also be used to provide that, after a certain period of time, a nonconforming use would cease to exist. He noted that, presently, only-pawn shops are shown on the list of uses chart in the code. Mr. White advised the Commission that fortune tellers, psychic readers and palm readers are protected under the first amendment. Therefore, the city cannot make these exclusively special uses and they would be subject to a discretionary hearing process. Commission MCMILLIN asked how many pawn shops are presently in the city. Alan White answered that there were two. He did not know for sure how many fortune tellers, psychics, or palm readers were in the city. He stated that he estimated there were approximately a half dozen tattoo parlors presently in the city as the city has reviewed six applications for new tattoo parlors over the last six months. In response to further questioning by Commissioner McMILLIN, Mr. White stated he was not aware of any zoning violation complaints associated with any of the subject type businesses. He stated that he did not know if there were any.police calls associated with these types of businesses. Mr. White also pointed out on the zoning map the industrially zoned areas within the City. Planning Commission Page 3 October 3, 2002 Commissioner McNAMEE asked if Mr. White was aware of any changes in zoning laws in surrounding municipalities that could account for the increase in applications to Wheat Ridge for tattoo parlors. He.replied -that-the City and County of Denver made recent changesto allow for more restrictive regulation of tattoo parlors. Lawrence Marchese 10908 West 44th Avenue, Wheat Ridge Mr. Marchese stated that his wife has operated a tarot reading business in their home for the past three years. He expressed concern that the proposed ordinance would put them out of business. He asked the Commission to consider grandfathering those businesses already in existence. Scott Pasternack 6851 West Colfax, Lakewood Mr. Pastemack is owner of Pasternack's Pawn Shop at the above address. He was also appearing as a representative of the Colorado and National Pawnbrokers Association. He gave copies of informational literature about pawn shops to members of the Commission. He read a statement citing that there is no evidence that pawn shops are associated with crime, urban blight or declining property values and therefore should not be treated differently than any other retail uses. Further, restrictions on pawn shop uses could be considered as unconstitutional and discriminatory. Pawn shops are recognized as an important source of credit for those individuals excluded from bank lending practices. Catherine Webster 4550 Wadsworth, Wheat Ridge Ms. Webster is with the Psychic Center of the Rockies and has been in the above location for ten years. She stated that she has a small gift shop associated with her business and collects sales tax on items sold. She also operates an 800 number from her business. She felt it would be discriminatory to place all of the subject businesses in the industrial zone. She also expressed concern that the proposed ordinance would put her out of business. Dustin Skyler Crane 2865 S. Colorado Boulevard, #324, Denver He expressed objection to the proposed ordinances which he felt would eliminate choice and therefore abolish freedom. He stated this action would be disrespectful to veterans who fought for freedom in our country. He further stated his belief that liquor establishments are more harmful than the subject businesses. Thomas Heath 7011 West 25th Ave., Wheat Ridge He expressed objection to the proposed ordinances and did not believe the subject businesses should be discriminated against. Christine Jessop 6730 West 30th Avenue She expressed objection to the proposed ordinances on the basis that they are discriminatory and would put people out of business. Planning Commission Page 4 October 3,2002 Richard Sander Attorney Mr. Sander stated he was appearing on behalf of EZ Pawn on Wadsworth. He believed the ordinance indicates that pawn shops are undesirable. He read portions of a report prepared by the Georgetown School of Business concerning the viability of pawn shops. He stated that pawn shops provide a necessary financial service to the City of Wheat Ridge. Pawn shops also pay fees to the city as well as sales tax. He stated that adoption of the ordinance would result in a taking, or condemnation, of the businesses because the market in industrial zones would not be the same as the market along Wadsworth. He requested that existing businesses be grandfathered: Commissioner McMILLIN asked if Mr. Sander was aware of any pawn shops operating in industrial zones. Mr. Sander replied that he was-not aware of any and that EZ Pawn shops are typically located on busy thoroughfares such as Wadsworth. Robert Boykin EZ Pawn Mr. Boykin states that he manages ten EZ Pawn stores in the metro area. The stores are set within demographic neighborhoods that fit within the financial needs of pawn shop customers. He did not believe that pawn shops create a public nuisance. He stated that the store at 4595 - Wadsworth lost only $80 to police confiscation of stolen items out of an income of $800,000 last year. He objected to requiring pawn shops to be located in industrial zones and stated that they are already required to be located at the outer limits of commercial zoning. . Commissioner MCMILLIN asked if pawn shops are presently required to be located on the "outer limits" of commercial zoning. Mr. White explained that pawn shops come under special uses within C-2 zone districts. The two shops presently existing within the city are most likely grandfathered. Ginny Manseau 4298 Kipling Ms. Manseau states that she works at a family owned business, Walker's Quadicajun Feed, located at 4298 Kipling. She appeared in support of those who own businesses listed under the proposed ordinance and expressed concern that the ordinances would take away the livelihood from many people. Chuck Mandril 5208 West 38th Avenue Mr. Mandril stated that he owns a business at the above address. He was appearing on behalf of business owners who would be affected by the proposed ordinances. He expressed concern that, in the future, other businesses may be affected if they don't fit in with the way some people in Wheat Ridge want the city to look. He asked the Commission to consider what direction the city as a community is headed. Planning Commission Page 5 October 3, 2002 Curtis Mandril 5208 West 38th Avenue Mr. Mandril spoke in opposition to the proposed ordinances. His family- owns Casman's Automotive and he expressed concern that his family and many other people could be put out of business. Teri Bruff 3925 Garrison She spoke in opposition to the proposed ordinances and supported the tattoo business. Linda Hillshafer 3245 Ames She spoke in opposition to the proposed ordinances. She believed that they would result in putting family enterprises out of business and thought that the improvements to 38th Avenue were to create an atmosphere of small family-owned businesses. Mike Johnson 1375 Kipling He spoke in opposition to the proposed ordinances and in support of those who own businesses affected by the ordinance. Robert Bruff 3925 Garrison He spoke in opposition to the proposed ordinances because he felt they are unfair. Patty Gatsiopoulos 2601 Zenobia, Denver She spoke in opposition to the ordinances. She owned the Breakfast Queeri restaurant at 38th and Sheridan which was forced to move under eminent.domain. She expressed concern about the costs associated with forcing businesses to relocate. She suggested that if a business could not find another location, it should not be forced to move. Glen Derick 10805 West 44tH Mr.. Derick represented Sacred Skin Tattoo at the above address. He stated that, although Wheat Ridge has no licensing process for tattoo parlors, his business follows those standards set up by the City of Denver. He opposed the ordinances and expressed concern that locating these businesses in the industrial zones produces an image that these are "dirty" businesses. Tyral Thomas 8060 E Girard, Denver Mr. Thomas is a partner in Tribe Tattoo that opened in Wheat Ridge three weeks ago. He spoke in opposition to the ordinances. (Chair WEISZ declared a brief recess at 8:50 p.m. The meeting resumed at 9:00 p.m.) Planning Commission Page 6 October 3, 2002 John Slaughter 5900 West 38th Avenue Mr. Slaughter is owner of Tribe Tattoo. He spoke in opposition to the ordinances,. He stated _ that the tattoo business is becoming more mainstream and his shop is held to high standards of cleanliness according to standards set forth by the City of Denver. He stated that Denver is overpopulated with tattoo shops which increased competition. It was for that reason he decided to locate in Wheat Ridge. If forced to move, it would be extremely difficult to find another location. He stated his business supports the community. In response to a question from Commissioner McNAMEE, Mr. Slaughter stated that Denver's zoning laws allow tattoo parlors only on Broadway, Colfax and Santa Fe. Jason Stahl 3150 West 63rd, Denver Mr. Stahl spoke in support of Tribe Tattoo and in opposition to the ordinances. Jerry DiTullio Wheat Ridge City Council Mr. DiTullio read the following motion from the City Council meeting of September 9, 2002 into the record: "Motion by Mr. Edwards to direct the City Manager to cause the staff to prepare an ordinance for Council's consideration, which will prohibit the following uses within commercial zone districts within the City: Tattoo parlors, fortune telling, palm reading, pawn shops: These will be separate ordinances; seconded by Mr. Mancinelli, carried 8-0. " He stated that it is not the city's intent to ban these businesses, but to regulate them. He stated his opinion that existing businesses should be grandfathered, but new businesses should be required to go through a special use permit process that would give neighbors of the area opportunity to participate in a public hearing process. Stephen Cox 161 Oneida Street, Denver He spoke in opposition to the ordinances. Mona Slaughter 5900 'West 38th Avenue, Wheat Ridge She spoke in opposition to the ordinances. Matthew Bowman 5900 West 38th Avenue, Wheat Ridge He spoke in opposition to the ordinances. He addressed the portion of the ordinance concerning "preservation of health and safety and for the protection of public convenience and welfare." He stated that Tribe Tattoo operates under high cleanliness standards. Angie Fahmy 1377 Steele, Denver She spoke in opposition to the ordinance and spoke in favor of the tattoo industry. Planning Commission Page 7 October 3, 2002 Robert McGhee 5940 West 38th Avenue, Wheat Ridge .-He, spoke. in.opposition to the ordinances. He expressed concern about amortization which.- would result in closing businesses. Vance Edwards Wheat Ridge City Council Mr. Edwards stated the intent of City Council's motion is to look at options for regulating the specific uses set forth in the ordinances. He stated he had no desire to restrict these uses to industrial zones or be amortized out but, rather, be grandfathered. In the future, new businesses should be required to go through a special use public hearing process to give residents a right for input. He noted that other businesses such as gas stations are required to go through the special use process. Carla Dickenson Ms. Dickenson stated she is a Wheat Ridge resident and attended the meeting to gather information to write a paper for school. As the meeting progressed, she decided to speak in opposition to the ordinances. She expressed concern about people losing their businesses. Jay Salas Thornton, CO Mr. Salas stated that he serves on the Board of New Set Community Development Corporation which was involved in the redevelopment of west Denver. He spoke in support of Tribe Tattoo Leana Salas 7880 Lafayette Way, Thornton She spoke in support of Tribe Tattoo. She stated she is a youth counselor and believes people need a safe clean place if they wish to get a tattoo. Scott Pasternack 6851 West Colfax, Lakewood Mr. Pastemack returned to the podium to state that he believes the city is attempting to close down pawn shops and not allow any more in the city. Chair WEISZ asked if there were others who wished to address this matter. Hearing no response, she closed the public hearing. Commissioner McNAMEE commented that she did not believe nonconforming businesses should be eliminated. She would also like to see all of the subject businesses placed on the use chart in the code and restricted to commercial zones. Commissioner SNOW stated that she was upset that these three ordinances were sent to the Commission with little background information. It was her preference to continue the discussion until such time as more information was available relating to health and safety issues, regulations in other municipalities, how many of the subject businesses exist in the city, etc. Planning Commission Page 8 October 3, 2002 Commissioner McMILLIN agreed with Commissioner SNOW that there is a need for more information. He commented that Wheat Ridge is not a covenant controlled community and is a haven for small businesses. Therefore, he would not be in favor of amortization. However, he expressed concern about an apparent trend that indicates a significant increase in tattoo parlors within the city and he would probably supporta requirement for these businesses to come under the special use permit procedures. Commissioner PLUMMER stated he did not see the need for special use permits for businesses such as fortune telling. Pawn shops are already limited to C-2 or industrial areas and they are already regulated by the state. He would support special use permits for tattoo parlors to give the neighbors opportunity for input into the process and to prevent having too many in one area. Commissioner COLLINS commented that pawn shops are the only businesses that generate tax revenue for the city. It was moved by Commissioner PLUMMER that existing businesses set forth in the ordinances be grandfathered in and any future uses restricted to commercial-one. The motion died for a lack of a second. It was moved by Commissioner COLLINS and seconded by Commissioner McNAMEE that, because these ordinances affect businesses, this hearing be continued until additional information is available including a list of locations of existing businesses and their zoning as well as a report on pending applications for these types of businesses. It was moved by Commissioner SNOW and seconded by Commissioner McMILLIN to amend the motion to request that staff come back with (1) a proposal to make all existing businesses either legal or legally nonconforming; (2) a list of businesses that generate sales tax revenue; (3) an opinion as to whether or not there should be licensing for health or safety reasons, and (4) a list of regulations that have been put in place by neighboring municipalities. The motion passed 7-0 with Commissioner COOPER absent. A vote was taken on the main motion as amended by Commissioners SNOW and McMILLIN. The motion passed 7-0 with Commissioner COOPER absent. Commissioner McMILLIN asked if it would be possible to list businesses that have received police complaints. Alan White replied that staff would attempt to include all information r possible. 8. OLD BUSINESS Recreational Vehicle Parking - Commissioner McMILLIN offered a possible solution to the regulation of RV parking. He suggested that the city issue parking licenses for vehicles parked in front yards. Planning Commission Page 9 October 3, 2002 V /V Y V X PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE PLANNING COMMISSION October 3, 2002 Case No. ZOA-02-06: Ordinances amending Section 26-204 of the Wheat Ridge Code of Laws 2 pertaining to changes to the Table of Uses for the Commercial & Industrial Districts regarding tattoo parlors, palm readers, psychic readers, fortune tellers, and pawn shops. (Please print) Name Address I n Favor/Opposed kAZO- 5 M✓L~5E /0,027 L) - & VL L,2- 0,--POE Ell 0851 y4- Cot(ny ~L -~T 7"ASTF"RaNC\<~ PP('.A'fz) I r `IDDo r' ~e 3' -the r Qd 1 n ~s+ e (1 / ~ K) ~S V-q ER t R I N 32-3 s fhl K-F ~7 T 6 PP r-)s Am; ~,\c ~ xn --Ioi, w. a5rn ~\acs" o~~ d rg-11V /V1 mi1DrI~r~.~~ r z c © (*lC m,~'PllT ~ Cdtp~T `-r2 w cote # 05 o EZ --2 e -4, i -Ij t~ G62'i T %~G F9 q0 w. 3v ~ Z v /N / d ~1-w, ..j DCJf~fLY p ren FD f ~ 39, -s ~ G aA~~P !/~V /~OOSz°`/ / 009 ~a why 1Zi~C~ o oS-~~ 1/~~~ I ~J~"•cU S (~SnNAI lC- t P/ TIM ~t ~t 4 4 4 1Y/ /J~ ~~Cewl w~. AJ ~~33 I pl ZeoOBiw S4- opposec` De+~ ~e2~ Co - z P~~ Ott RJ w~J ~ 6 goo to, -z4)`' ,4ve t 640t o O bSPa+ 3t56o w AV- ~)C-NUEz~ C>PPO5F- ga2 6'33 2 JIB ~02u~ p~Pdbi 1o--~q5,O U4 5j e-(ziz'SbZLt(' orrd)~k q o o 3ga'~ A,4 ovPOSIED c /3?-1 54? I~( O NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on October 3, 2002, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29 h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petition shall be heard: Case No. ZOA-02-06: Ordinances amending Section 26-204 of the Wheat Ridge Code of Laws pertaining to changes to the Table of Uses for the Commercial & Industrial Districts regarding tattoo parlors, palm readers, psychic readers, fortune tellers, and pawn shops. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To Be Published: Wheat Ridge Transcript Date: September 26, 2002 City of Wheat Ridge Planning and Development Department Memorandum TO: Alan White FROM: Michael Pesicka SUBJECT: Tattoo parlors, palm readers, pawn shops, fortune tellers, psychic readers DATE: January 9`h, 2002 Lakewood - All the uses are allowed wherever general retail is permitted. Police Department keeps records on how many and their location. Golden - Pawn shops are allowed in general commercial districts, but require a special use permit. They also must have a 1,000 foot separation from churches and schools. Tatoo parlors, palm readers, fortune tellers and psychic readers are allowed wherever general retail is a permitted use. Arvada - All uses are permitted in the Intensive Business District, which allows for general commercial uses and permanent outdoor storage. Jeffco Health Department - Tattoo parlors must comply with all State Department of Health requirements. No regulations on palm readers, psychic readers, pawn shops or fortune tellers. State Dept. of Health - Tattoo parlors must comply with minimum requirements. See attached regulations: Denver - Allows pawn shops in the B-5 and B-8 zone districts (downtown Denver and a ring surrounding the downtown area). Tatoo parlors, palm readers, adult bookstores and other adult entertainment establishments are allowed in commercial corridors along Colfax and Broadway (B-4 & B-2 zone districts), but no more than two of these uses may exist within 1,000 feet of each other. DIVISION 19. B-4 DISTRICT* Editors Note: Ord. No. 261-81, eff. 6-1-81, amended and reenacted 59-336--59-342 of this division. Sec. 59-336. Generally. The provisions of this division apply to all lands, uses and structures in B-4 districts. (Ord. No. 261-81, eff. 6-1-81) Sec. 59-337. Permitted uses. No land shall be used or occupied and no structure shall be designed, erected, altered, used or occupied except for either one (1) or more of the following uses by right or for one (1) or more of the following uses by temporary permit; provided, however, that a use by right may be accompanied by lawful accessory uses and/or one (1) or more of the following uses by temporary permit: (1) Uses by right. The following uses may be operated as uses by right: a. Sale at retail, sale at wholesale and warehousing of the following commodities: Any commodity the fabrication or assembly of which is a permitted use in the district; 2. Apparel and accessories; 3. Appliances; 4. Art gallery; 5. Auctioneer; 6. Automobiles; automobile trailers; house trailers; recreation vehicles; trucks having a capacity of not more than 1 1/2 tons, but no commercial wrecking, dismantling or junkyard; need not be enclosed provided that the unenclosed part of such use shall comply with all specifications for maintenance of off-street parking space except for the limitation against "sale"; Automobile and truck parts, accessories, tires and tubes; 8. Bakery products; 9. Bookstore; provided that, if the bookstore rents or sells adult materials, as described in the definition of "bookstore, adult," as an accessory use (as defined elsewhere in this section), such accessory use shall be subject to the following limitations: 1. The quantity of adult materials displayed or sold shall not exceed the numerical limitations specified in the definition for "bookstore, adult"; 2. All adult materials shall be segregated into a separate section of the bookstore and screened from public view; and 3. Access to the adult materials shall be denied to all persons under the age of eighteen (18) years. (Ord. No. 874-95, eff. 11-3-95) 10. Bookstore, adult; 11. Camera and photographic equipment; 12. Christmas tree sales, need not be enclosed; 13. Dairy products; 14. Department store, sale limited to items listed under this subsection (1); 15. Drugs and medicine; 16. Dry goods; 17. Eating place, need not be enclosed to the extent that tables and seats may be placed out of doors, and food served thereat, subject to all of the following conditions: a. The outdoor eating area shall be contiguous to the eating place to which it is accessory; and b. The outdoor eating area shall be clearly delimited. (Ord. No. 672-01, § 1, 8-17-01) 18. Eating place with adult amusement; 19. Egg and poultry products, no slaughtering; 20. Fish or seafood; 21. Flowers or fruit, store need not be enclosed to the extent that the unenclosed portion shall not exceed in area one-fourth the gross floor area of the structure containing the use by right; 22. Food locker plant renting individual lockers for home customer storage including the cutting and packaging of meats or game, no slaughtering; 23. Garden supplies, need not be enclosed; 24. Groceries; 24.5. Gun shop; (Ord. No. 471-93, eff. 7-2-93) 25. Home building materials, limited to retail sales only; all outdoor storage shall be enclosed by a fence or wall adequate to conceal such storage from adjacent property; 26. Jewelry; 27. Liquor; 28. Locks; 28.5. L.P. gas, retail sale through an L.P. gas dispensing unit which is operated on the same zone lot and in association with an automobile gasoline filing station or equipment rental store and subject to the issuance of a permit by the fire department; need not be enclosed but shall be screened by a wall or fence adequate to conceal such unit from adjacent residential properties; (Ord. No. 245-81, eff. 5-22-81; Ord. No. 493-82, eff. 9-10-82) 29. Luggage; 30. Mail order house; 31. Meat, not including slaughtering; 32. Motorcycles; 33. Music, musical instruments and records; 34. Monuments, need not be enclosed; provided, however, that any outdoor display shall be screened from abutting properties by means of some planting, a fence or wall; 35. Newspaper distribution station; 36. Paint and wallpaper; 37. Pets; 38. Packaged coal or wood for household use, subject to the following limitations: a. Packaging of coal and cutting or splitting of wood is not conducted on the premises; and b. Not more than two (2) tons of packaged coal and not more than five (5) cords of wood are stored on the premises at any time; need not be enclosed; 39. Picture framing; 40. Radio and television equipment; 41. Shoes; 42. Signs; 43. Sporting goods; 44. Stationery; 45. Tobacco and pipes; 46. Toys; 47. Vegetables, need not be enclosed to the extent that the unenclosed portion shall not exceed in area one-fourth the gross floor area of the structure containing the use by right; 48. Any other similar commodity not listed elsewhere in this chapter. b. Repair, rental and servicing of any article the sale, warehousing, fabrication or assembly of which is permitted in this district including the following: Automobile gasoline filling station, service, repair but no commercial wrecking, dismantling or junkyard; need not be enclosed provided that the unenclosed part of such use shall comply with all specifications for maintenance of off-street parking space except the limitation against "sale"; 2. Automobile wash, excluding truck tractors and steam cleaning. Shall include space for three (3) vehicles in the entrance lane of each washing bay, shall comply with the requirements of section 59-585, use and maintenance of parking space, and shall meet all the requirements of wastewater management division of public works; Automobile repair garage excluding commercial wrecking, dismantling, junkyard, tire recapping and truck-tractor repair; the zone lot for such use shall be enclosed with a solid fence or wall except for the following excluded areas: The front line of the zone lot directly in front of the front building wall or main entrance of the principal structure, and in no case shall such fence or wall be required along more than forty (40) percent of the length of the front line of the zone lot described in this subsection i.; ii. The front line of the zone lot directly in front of an automobile retail display area; iii. Any portion of a zone lot line containing a building wall; and iv. Any zone lot line adjacent to an area of the zone lot which is maintained in an attractive condition as determined by the zoning administrator. Such fence or wall shall be constructed to a height adequate to conceal any vehicles, equipment or parts located on the zone lot; provided, however, that within fifty (50) feet of the intersection of the right-of-way lines of intersecting streets, the height and location of such wall or fence shall be determined by the director of transportation engineering. Fence or wall materials shall consist of wood, brick, masonry or other materials as approved by the zoning administrator; however, salvaged doors and corrugated or sheet metal shall not be allowed. The use of the public right-of- way for the parking of vehicles awaiting repair is prohibited. Automobile repair garages established prior to the adoption of the ordinance from which this subsection is derived shall comply with this screening requirement within eighteen (18) months following the effective date of this subsection; (Ord. No. 274-88, eff. 5-17-88) 4. Boat repair not including dismantling or wrecking, need not be enclosed provided that the unenclosed part of such use shall comply with all specifications for maintenance of off-street parking space except the limitation against "sale"; 4.5. Emissions inspection station; (Ord. No. 426-88, eff. 7-19-88) 5. Locksmith; 6. Metal sharpening; 7. Mirror silvering; 7.5. [Ord. No. 23-87, eff. 1-27-87, added mobile emissions inspection vehicle; repealed by Ord. No. 426-88, eff. 7-19-88]; 8. Pressing, altering and repairing of wearing apparel; 9. Radio and television repair; 10. Shoe repair; 11. Any similar article or service not listed elsewhere in this chapter. [Ord. No. 63-80, eff. 2-8-80, repealed tire-recapping shop] C. Business and personal service uses as follows: 1. Ambulance service; 2. Bank and/or savings and loan; 3. Barbershop; 4. Beauty shop; 5. Body art establishment; (Ord. No. 166-86, eff. 3-31-86; Ord. No. 886-98, eff. 3-15-99) 6. Caterer; 7. Clinic or office, dental or medical; (Ord. No. 716-94, eff. 9-16-94) 7.5. Computer data processing center; (Ord. No. 378-82, eff. 7-23-82) 8. Health treatment on payment of a fee or admission charge; 9. Laboratory, dental or medical; 10. Laundry and dry cleaning shop; 11. Mortuary; 12. Office; 13. Optician; 14. Parking and/or commercial storage of vehicles; need not be enclosed, provided that any part of such use conducted outside a completely enclosed structure shall comply with all the specifications for maintenance hereinafter required for off-street parking space; 15. Printing, publishing, blueprinting, photostating; 16. Professional studio or academy; 17. Radio or television transmission and recording; 18. [Ord. No. 886-98, eff. 3-15-99, repealed tattoo studio] 19. Veterinarian, including observation kennels for household pets only, kennels need not be enclosed; 20. Any other similar use not listed elsewhere in this chapter. d. Amusement, entertainment and recreation uses as follows: 0.5. Amusement center; (Ord. No. 192-82, eff. 4-26-82) 1. Amusement, entertainment and recreation uses on the payment of a fee or admission charge; need not be enclosed; provided, however, if such a use is operated outside a completely enclosed structure, it shall have no outdoor public address system or any such type of amplified music device; 2. Adult amusement or entertainment; 3. Billiard parlor; 4. Bowling alley, provided that upon application to and issuance by the department of zoning administration of a permit therefor, amusement devices may be maintained and operated as part of the use by right under the following limitations: (1) shall be operated within the same structure and under the same ownership as the use by right; (2) shall be operated on a floor area not exceeding ten (10) percent of the use by right; and (3) shall be operated in compliance with all other applicable ordinances of the city; (Ord. No. 164-83, eff. 3-29-83) 4.5. Indoor recreational facility not including a sports arena; provided, however, that twelve (12) related professional sporting events may be conducted in a calendar year; (Ord. No. 547-86, eff. 9-3-86) 5. Photo studio, adult; 6. Sexually oriented commercial enterprise; 7. Theater; 8. Theater, adult. C. Fabrication. The fabrication or assembly of the following articles: 1. Art goods; 2. Awnings; 3. Bakery products; 4. Bottling and/or packaging of prepared specialty food products, excluding processing ingredients; 5. Brooms; 6. Brushes; 7. Cameras; 8. Clocks; 9. Clothing, costumes or millinery; 10. Cosmetics, excluding the manufacture of pigments and other basic, raw materials, but including the final product by mixing; 11. Craftwork; 12. Engraving; 13. Fishing tackle; 14. Fur dyeing, finishing and apparel (no tanning); 15. Furniture; 16. Glass products; 17. Ink mixing and packaging (no pigment manufacture); 18. Instruments, precision and musical; 19. Jewelry; 20. Optical goods and equipment; 21. Orthopedic appliances; 22. Photographic supplies; 23. Plastic products; 24. Taxidermy shop; 25. Toys; 26. Umbrellas; 27. Upholstering; 28. Window shades; 29. Any other similar article. f. Public, quasi-public and/or utility uses, such as the following: 0.5. Child care center; (Ord. No. 565-91, eff. 8-9-91) 1. Church; 2. Club or lodge; 3. Garage for public utility vehicles; 4. Gas regulator station; 5. Landing and take-off area for police rotorcraft, not including maintenance, repair, fueling or hanger facilities; need not be enclosed; 6. Library; 7. Meeting hall; 8. Museum; 9. Police station; 10. Post office; 11. Railway right-of-way; any existing railway right-of-way, but not including railway yards, maintenance or fueling facilities; need not be enclosed; 12. Reading room; 13. School of any type except schools for the training of animals; 14. [Telephone exchange repealed by Ord. No. 278-97, eff. 5-16-97.] 15. Terminal for intra-city rubber-tired vehicles or railroad passenger station, for movement of persons or freight; need not be enclosed; 16. Utility pumping station; 17. Water reservoir, need not be enclosed; 18. Any other similar use not listed elsewhere in this chapter. g. Special trades contractor involving the following trades; 1. Air conditioning; 2. Cabinet making; 3. Carpentry; 4. Decorating; 5. Electrical work; 6. Exterminations; 7. Fire-proofing; 8. Floor laying; 9. Glass; 10. Glazing; 11. Heating; 12. Linoleum; 13. Masonry; 14. Ornamental iron work; 15. Painting; 16. Paper hanging; 17. Plumbing; 18. Refrigeration; 19. Sign construction or installation; 20. Stone work; 21. Tile; 22. Waterproofing; 23. Wiring; 24. Other similar trades not listed elsewhere in this chapter, but specifically excluding contractors dealing with excavation, structural steel, well drilling, and other similar heavy construction, and specifically excluding trucks having a manufacturer's capacity of more than two (2) tons from remaining on the premises except to load and discharge contents. (Ord. No. 63-80, eff. 2-8-80) h. Residential uses as follows: 1. Dwelling unit; 2. Hotel or tourist home; Motel (not including a trailer camp or trailer court); 4. Multiple unit dwelling; 5. Residence for older adults; (Ord. No. 727-97, eff. 10-31-97) 6. Rooming and boarding; 7. Single unit dwelling. (Ord. No. 217-87, eff. 5-5-87) (2) Uses by temporary permit, as regulated by section 59-80(5)(b); parking lot designated for a special event, as regulated by section 59-80(4)(c). (Ord. No. 387-83, eff. 7-1-83; Ord. No. 406-84, eff. 8-29-84; Ord. No. 377-92, eff. 6-26- 92; Ord. No. 368-94, eff. 6-3-94; Ord. No. 769-95, eff. 9-29-95) (3) Accessory uses, as regulated by section 59-80(6). (Ord. No. 836-95, eff. 10-20-95) (4) Separation of certain uses: a. The following permitted uses shall not be established, operated or maintained within five hundred (500) feet of a residential district, a dwelling unit (single or multiple), a single unit dwelling, a church, a school meeting all the requirements of the compulsory education laws of the state, an arts education center, a learning center, an amusement/special interest park, a child care center, or a children's indoor play center: Adult amusement or entertainment; 2. Bookstore, adult; 3. Eating place with adult amusement or entertainment; 4. Photo studio, adult; 5. Sexually oriented commercial enterprise; 6. Theater, adult. b. For the purposes of this subsection (4) only: Learning center shall mean a commercial business that regularly provides on site, specialized or intensive educational services or tutoring to persons under eighteen (18) years of age; 2. Arts education center shall mean a place where instruction is regularly provided to persons under eighteen (18) years of age in the fields of painting, drawing, sculpture, etching, craft work, fine arts, dance, drama, photography, music, martial arts, or other similar fields of art. Not more than two (2) of the following permitted uses may be established, operated or maintained within one thousand (1,000) feet of each other: Amusement center; 2. Adult amusement or entertainment; Body art establishment; 4. Bookstore, adult; Eating place with adult amusement or entertainment; 6. Photo studio, adult; 7. Sexually oriented commercial enterprise; 8. Theater, adult. (Ord. No. 886-98, eff. 3-15-99) d. No liquor store or drugstore licensed to sell package liquors, not existing or operating on the effective date of this provision (August 31, 1997), shall be established, operated, or maintained within one thousand (1,000) feet of another liquor store or drugstore licensed to sell package liquors. e. No liquor store or drugstore licensed to sell package liquors, not existing or operating on the effective date of this provision (July 31, 2000), shall be established, operated, or maintained within one thousand (1,000) feet of a community corrections facility. (Ord. No. 513, eff. 7-7-00) (Ord. No. 385-81, eff. 7-31-81; Ord. No. 192-82, eff. 4-26-82; Ord. No. 343-98, eff. 5- 29-98) (Ord. No. 350-97, eff. 8-31-97) (Code 1950, § 612.9-3; Ord. No. 261-81, eff. 6-1-81; Ord. No. 444-81, eff. 9-4-81; Ord. No. 205- 82, eff. 4-30-82; Ord. No. 377-82, eff. 7-23-82) Case No.: OA0206___.. Quarter Section Map N App: Last Name: Citywide Related Cases: App: First N ame: I Case Histor y: Owne r: Last Name: Owner: First Nam e: I App Addre ss: I Review Body: City, State Z ip: I App: Pho ne:.. APN: Owner Address: I 2nd Revie w Body: City/St ate/Zip: I 2nd Review Date Owner Phone: Decision-making Body Project Address: Appro val/Denial Dale: Street Name : ~ City/State, Zip: - ~ Re so/Ordinance No.: Case Disposition: Project Planner: ~Vhite File Lo cation: ctive Notes: Follow- Up: o.: I mend code pertaining to ttoo parlors, palm readers, pawn shops, etc. in the commercial zones PC -10/3/02 I PC -10/3/02.777 ~I NC Conditions of Approval: District: Date Rec eived: 9/13/2002 Pre-App Date: I QoYov'IE~198,~..i 'I