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HomeMy WebLinkAboutZOA-08-02CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Berry Council Bill No. 09-2008 Ordinance No. 1413 Series of 2008 TITLE: AN ORDINANCE CONCERNING THE PERMITTED LOCATIONS OF BAIL BONDS BUSINESSES, AND IN CONNECTION THEREWITH, AMENDING CERTAIN SECTIONS OF CHAPTER 26 OF THE CODE OF LAWS WHEREAS, the City of Wheat Ridge, acting through its City Council, has authority pursuant to Article XX of the Colorado Constitution, C.R.S. 31-23-101 et seq., and the City's Home Rule Charter to regulate the use of land; and WHEREAS, such authority extends to the regulation of uses in the various zoning districts of the City; and WHEREAS, the Council finds and determines that conducting a bail bonds business has unique land use impacts, including but not limited to the noise and traffic associated with longer hours of operation (many twenty-four hours) than traditional retail businesses; and WHEREAS, Council further finds that such land use impacts are most appropriate and impact the quiet enjoyment of neighboring and surrounding properties the least in industrial zone districts and the higher-intensity commercial zone districts; and WHEREAS, as such, the Council finds and determines that it is necessary and desirable to define bail bonds businesses as a distinct land use and to permit such use in the industrial zone districts and the C-2 zone district within the City; and WHEREAS, Council has received recommendation on these amendments to Chapter 26 of the Wheat Ridge Code of Laws from the Planning Commission, after notice and a public hearing before the Commission; and WHEREAS, after due and proper notice in accordance with Chapter 26 of the Code of Laws, the Council has conducted a public hearing on the contents of this Ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: Section 1. Section 26-123 of the Code of Laws, concerning Zoning Code definitions, is hereby amended by the addition of a new definition, to be inserted alphabetically after Automobile storage yard and before Bed and breakfast rooms: Bail bonds business. A business whose primary purpose is to act as a surety to secure the presence of an accused person at a court proceeding in a criminal matter. Section 2. Section 26-204 of the Code of Laws is hereby amended by the addition of the following new line item in the Table of Uses for Commercial and Industrial Districts, to be inserted alphabetically after "Automotive parts and supplies sales" and before 'Bakeries, retail': Table of Uses -Commercial and Industrial Districts Uses Notes NC RC C-1 C-2 I Bail bonds businesses I See Footnote 2. See § 26-634 for distance requirements. P P Section 3. Section 26-204 of the Code of Laws is hereby amended by the addition of the following under the "Footnote:" heading under the Table of Uses - Commercial and Industrial Districts: 2. In addition to being allowed as a Permitted Principal Use in the C-2 and I zone districts, bail bonds businesses may be permitted in Planned Industrial Development districts if approved as part of an Outline Development Plan (ODP) and in conformance with the requirements of Code Section 26-634. Section 4. Article VI of Chapter 26 of the Code of Laws is hereby amended by the addition of a new Section 26-634, to read in its entirety as follows: Sec. 26-634. Bail bonds businesses; distance requirements. A. No person shall locate, cause to locate or permit to be located a bail bonds business within one hundred (100) feet of the property line of any lot, tract or parcel of land within the city which is zoned for residential use, or zoned A-1 or A-2 and used for residential purposes. B. No person shall locate, cause to locate or permit to be located a bail bonds business within six-hundred (600) feet of the property line of any school or public park. C. For the purpose of this Section, the distance between a bail bonds business and a residential district, a residential lot, a school or a public park shall be measured in a straight line, without regard to intervening structures, objects or city limits, from the closest exterior wall 2 of the structure in which the bail bonds business is located to the property line of such use. Section 5. Any bail bonds business lawfully located and in active use as of the effective date of this Ordinance may be continued so long as it remains otherwise lawful, subject to the general requirements for legal nonconforming uses set forth in Section 26-120 of the Code of Laws. Section 6. Severabiiity; Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 7. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on the 12th day of May , 2008, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Monday, June 9, 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 , this 9th day of June , 2008. SIGNED by the Mayor on this 10th day of June , 2008. Mayor ATTEST: 1 Michael Snow, C y Clerk First Publication: May 15, 2008 Second Publication: June 19, 2008 Wheat Ridge Transcript: Effective Date: July 4, 2008 Appr As T o~rn Gerald E. Dahl, City Attorney 3 CITY COUNCIL MINUTES: June 9, 2008 Item 3. Council Bill 09-2008 - An Ordinance Concerning the Permitted Locations Of Bail Bonds Businesses, and In Connection Therewith, Amending Certain Sections Of Chapter 26 Of The Code Of Laws. Council Bill 09-2008 was introduced on second reading by Ms. Berry. City Clerk Michael Snow assigned Ordinance No. 1413. Mayor DiTullio opened the Public Hearing. Mr. Johnstone presented the staff report. Dorothy Archer spoke in favor of the additional restrictions on Bail Bonds businesses citing the concern for the prevalence of Bail Bonds businesses and the impression they give to visitors of the City. Mayor DiTullio closed the Public Hearing. Motion by Ms. Berry to approve Council Bill 09-2008 (Ordinance 1413) on second reading and that it take effect 15 days after final publication; seconded by Mrs. Langworthy. Motion by Mrs. Sang to amend the motion to include an amendment to the Ordinance to require that bail bonds businesses not be located any closer than 600 feet from the property line of any school or Public Park, with said amendment reflected in the published ordinance; seconded by Mr. Gokey; carried 8-0. Original Motion by Ms. Berry carried 8-0 as amended. DECISIONS, RESOLUTIONS, AND MOTIONS Item 4. Resolution 27-2008 - A Resolution Adopting the Neighborhood Revitalization Strategy as an Amendment to the City's Comprehensive Plan. Resolution 27-2008 was introduced by Ms. Berry. Mrs. Payne presented the staff report (attached to this packet). Dorothy Archer spoke in opposition to zoning changes that could result in a much higher density of housing in lots neighboring those long-established, low-density properties. Motion by Ms. Berry to approve Resolution 27-2008. 1 further move that the Neighborhood Revitalization Study (NRS) supersedes the Wheat Ridge Comprehensive Plan where they may conflict; seconded by Mrs. Rotola; carried 8-0. City of o9 7Wheatiidge ITEM NO: 3 REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: June 9, 2008 TITLE: COUNCIL BILL 09-2008 - AN ORDINANCE CONCERNING THE PERMITTED LOCATIONS OF BAIL BONDS BUSINESSES, AND IN CONNECTION THEREWITH, AMENDING CERTAIN SECTIONS OF CHAPTER 26 OF THE CODE OF LAWS ® PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS Quasi-judicial: ❑ ORDINANCES FOR 1sT READING (5/12/2008) ® ORDINANCES FOR 2r'o READING (6/09/2008 ~5 a ® NO \ ~ 52a\ \r a City Manager~~ EXECUTIVE SUMMARY: In late 2007, Wheat Ridge City Council directed staff to research potential regulations regarding the location of bail bonds businesses within the City. Staff has researched the manner in which other Colorado jurisdictions regulate such businesses from a legal and zoning perspective. Staff also researched data regarding criminal activity and police call generation rates associated with these types of businesses in other Colorado communities. Based on that research and direction from Council, staff has prepared an ordinance that would place specific zoning code limitations on the location of bail bonds businesses. The draft ordinance identifies zoning districts within which these businesses would be a permitted use. The ordinance also establishes certain separation requirements from residentially zoned and/or used properties. COMMISSION/BOARD RECOMMENDATION: A recommendation from the Planning Commission is required for all proposed amendments to Chapter 26 of the Code of Laws. The Planning Commission held a public hearing on May 1 and passed a motion recommending approval of the ordinance, by a vote of 4-1. The Planning Commission motion included a recommendation that an additional provision be added to the ordinance requiring that no bail bonds business be located any closer than 600 feet from any school or public park. STATEMENT OF THE ISSUES: Staff has researched the manner in which other Colorado jurisdictions regulate bail bonds businesses from both a licensure and a zoning perspective. Staff also researched what other jurisdictions have experienced in regards to the crime rates or police response calls in proximity to these businesses. Staff did not identify other Colorado jurisdictions that regulate bail bonds businesses as a distinct zoning category. In regards to licensing requirements, bail bonds businesses are required in Colorado to meet state licensure and regulatory requirements. Based on a survey of Colorado Police Chiefs, there is some evidence that bail bonds businesses generate some additional police calls, though staff was not able to generate specific empirical evidence. One operational characteristic of bail bonds businesses that was identified and that may cause some additional impact on adjacent land uses is the fact that these businesses typically operate at all hours of day and night as needed to meet client needs. Staff believes this creates some potential land use compatibility issues for these businesses, particular when adjacent to residential uses. Based on the research results, staff has drafted an ordinance that limits the location where bail bonds businesses can locate within the City. The ordinance as drafted make 3 principle changes to Chapter 26 of the Wheat Ridge Code of Laws, as follows: 1. Defines "bail bonds businesses as a business whose primary purpose is to act as a surety to secure the presence of an accused person at a court proceeding in a criminal matter." 2. Allows bail bonds businesses as a permitted use in the C-2 and I zoning districts subject to certain minimum separation requirements. Allows bail bonds businesses as a permitted use in the Planned Industrial District (PID), if reviewed and approved through City Council's approval of an Outline Development Plan that specifically authorizes that use. 3. Prohibits bail bonds businesses from locating within 100 feet of a property line common with property zoned residentially or zoned A-1 or A-2, but used residentially. A map illustrating the locations where bail bonds businesses could be located is attached for reference. It is important to note that the PID properties depicted in hatched blue would not be authorized for bail bonds businesses until such time as the property owner requested and City Council approved an amendment to the applicable Outline Development Plan. ALTERNATIVES CONSIDERED: Staff considered two alternative approaches to the regulation of bail bonds businesses: 1) special use permit; and 2) local licensing. Special Use Permit (SUP): Typically, "special uses" have variable land use impacts that may either require site specific mitigation or in some instances may not be appropriate in a given location. In staffs research, we did identify land use impacts that we thought would have much variability between different bail business operators. Additionally, the City Attorney's office believes that the legislative restriction on the location of these businesses is more appropriate than the quasi-judicial SUP process. Local Licensing: It would be possible to require local licensure of bail bonds businesses as a way to regulate and monitor them. Staff feels that would be repetitive of the state licensure requirement. FINANCIAL IMPACT: None. RECOMMENDED MOTION: "I move to approve Council Bill 09-2008, Case #ZOA-08-02, an ordinance concerning the permitted location of bail bonds businesses and in connection therewith, amending certain sections of Chapter 26 of the Code of Laws on second reading and that it take effect 15 days after final publication." If City Council wishes to add the additional restriction recommended by the Planning Commission: "I further move to amend the ordinance to require that bail bonds businesses not be located any closer than 600 feet from the property line of any school or public park, with said amendment reflected in the published ordinance." or, "I move to table indefinitely Council Bill 09-2008 for the following reasons: " ATTACHMENTS: 1. Council Bill 09-2008 2. Map depicting potential locations for bail bonds businesses 44 OvJ, I USG C ~ ~ . pect lV ~G~ (DJ ` o10In VJ CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER BERRY Council Bill No. _09-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE CONCERNING THE PERMITTED LOCATIONS OF BAIL BONDS BUSINESSES, AND IN CONNECTION THEREWITH, AMENDING CERTAIN SECTIONS OF CHAPTER 26 OF THE CODE OF LAWS WHEREAS, the City of Wheat Ridge, acting through its City Council, has authority pursuant to Article XX of the Colorado Constitution, C.R.S. 31-23-101 et sea., and the City's Home Rule Charter to regulate the use of land; and WHEREAS, such authority extends to the regulation of uses in the various zoning districts of the City; and WHEREAS, the Council finds and determines that conducting a bail bonds business has unique land use impacts, including but not limited to the noise and traffic associated with longer hours of operation (many twenty-four hours) than traditional retail businesses; and WHEREAS, Council further finds that such land use impacts are most appropriate and impact the quiet enjoyment of neighboring and surrounding properties the least in industrial zone districts and the higher-intensity commercial zone districts; and WHEREAS, as such, the Council finds and determines that it is necessary and desirable to define bail bonds businesses as a distinct land use and to permit such use in the industrial zone districts and the C-2 zone district within the City; and WHEREAS, Council has received recommendation on these amendments to Chapter 26 of the Wheat Ridge Code of Laws from the Planning Commission, after notice and a public hearing before the Commission; and WHEREAS, after due and proper notice in accordance with Chapter 26 of the Code of Laws, the Council has conducted a public hearing on the contents of this Ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: ATTACHMENT 1 Section 1. Section 26-123 of the Code of Laws, concerning Zoning Code definitions, is hereby amended by the addition of a new definition, to be inserted alphabetically after Automobile storage yard and before Bed and breakfast rooms: Bail bonds business. A business whose primary purpose is to act as a surety to secure the presence of an accused person at a court proceeding in a criminal matter. Section 2. Section 26-204 of the Code of Laws is hereby amended by the addition of the following new line item in the Table of Uses for Commercial and Industrial Districts, to be inserted alphabetically after "Automotive parts and supplies sales" and before 'Bakeries, retail': Table of Uses -Commercial and Industrial Districts Uses Notes NC RC C-1 C-2 I Bail bonds businesses I See Footnote 2. See § 26-634 for distance requirements. p p Section 3. Section 26-204 of the Code of Laws is hereby amended by the addition of the following under the "Footnote:" heading under the Table of Uses - Commercial and Industrial Districts: 2. In addition to being allowed as a Permitted Principal Use in the C-2 and I zone districts, bail bonds businesses may be permitted in Planned Industrial Development districts if approved as part of an Outline Development Plan (ODP) and in conformance with the requirements of Code Section 26-634. Section 4. Article VI of Chapter 26 of the Code of Laws is hereby amended by the addition of a new Section 26-634, to read in its entirety as follows: Sec. 26-634. Bail bonds businesses; distance requirements. A. No person shall locate, cause to locate or permit to be located a bail bonds business within one hundred (100) feet of the property line of any lot, tract or parcel of land within the city which is zoned for residential use, or zoned A-1 or A-2 and used for residential purposes. B. For the purpose of this Section, the distance between a bail bonds business and a residential district or a residential lot shall be measured in a straight line, without regard to intervening structures, objects or city limits, from the closest exterior wall of the structure in which the bail bonds business is located to the property line of such use. Section 5. Any bail bonds business lawfully located and in active use as of the effective date of this Ordinance may be continued so long as it remains otherwise lawful, subject to the general requirements for legal nonconforming uses set forth in Section 26-120 of the Code of Laws. Section 6. Seveiability; Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 7. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on the 12th day of May , 2008, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Monday, June 9 , 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2008. SIGNED by the Mayor on this day of 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: May 15, 2008 Second Publication: Wheat Ridge Transcript: Effective Date: N020d ^ k C .s7 N Q Q 1l w rN •A r1 J~Y a(e Ek 1 Y ~l ,t ~ x wJ~f10a ~ ~~xx 5s ry F = a N Nfl ~u L 91 'rl _~~E M ~ N ~ ~1~1V11 Ntl0 U W B _ a max: W ~ ~ ~ 8. cT d r m~ Frc$ 1¢ 5 N Ion A I Z W CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER BERRY Council Bill No. _09-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE CONCERNING THE PERMITTED LOCATIONS OF BAIL BONDS BUSINESSES, AND IN CONNECTION THEREWITH, AMENDING CERTAIN SECTIONS OF CHAPTER 26 OF THE CODE OF LAWS WHEREAS, the City of Wheat Ridge, acting through its City Council, has authority pursuant to Article XX of the Colorado Constitution, C.R.S. 31-23-101 et seq., and the City's Home Rule Charter to regulate the use of land; and WHEREAS, such authority extends to the regulation of uses in the various zoning districts of the City; and WHEREAS, the Council finds and determines that conducting a bail bonds business has unique land use impacts, including but not limited to the noise and traffic associated with longer hours of operation (many twenty-four hours) than traditional retail businesses; and WHEREAS, Council further finds that such land use impacts are most appropriate and impact the quiet enjoyment of neighboring and surrounding properties the least in industrial zone districts and the higher-intensity commercial zone districts; and WHEREAS, as such, the Council finds and determines that it is necessary and desirable to define bail bonds businesses as a distinct land use and to permit such use in the industrial zone districts and the C-2 zone district within the City; and WHEREAS, Council has received recommendation on these amendments to Chapter 26 of the Wheat Ridge Code of Laws from the Planning Commission, after notice and a public hearing before the Commission; and WHEREAS, after due and proper notice in accordance with Chapter 26 of the Code of Laws, the Council has conducted a public hearing on the contents of this Ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: Section 1. Section 26-123 of the Code of Laws, concerning Zoning Code definitions, is hereby amended by the addition of a new definition, to be inserted alphabetically after Automobile storage yard and before Bed and breakfast rooms: Bail bonds business. A business whose primary purpose is to act as a surety to secure the presence of an accused person at a court proceeding in a criminal matter. Section 2. Section 26-204 of the Code of Laws is hereby amended by the addition of the following new line item in the Table of Uses for Commercial and Industrial Districts, to be inserted alphabetically after "Automotive parts and supplies sales" and before 'Bakeries, retail': Table of Uses -Commercial and Industrial Districts Uses Notes NC RC C-1 C-2 I Bail bonds businesses I See Footnote 2. See § 26-634 for distance requirements. P P Section 3. Section 26-204 of the Code of Laws is hereby amended by the addition of the following under the "Footnote:" heading under the Table of Uses - Commercial and Industrial Districts: 2. In addition to being allowed as a Permitted Principal Use in the C-2 and I zone districts, bail bonds businesses may be permitted in Planned Industrial Development districts if approved as part of an Outline Development Plan (ODP) and in conformance with the requirements of Code Section 26-634. Section 4. Article VI of Chapter 26 of the Code of Laws is hereby amended by the addition of a new Section 26-634, to read in its entirety as follows: Sec. 26-634. Bail bonds businesses; distance requirements. A. No person shall locate, cause to locate or permit to be located a bail bonds business within one hundred (100) feet of the property line of any lot, tract or parcel of land within the city which is zoned for residential use, or zoned A-1 or A-2 and used for residential purposes. -6 pf e,,K For the purpose of this Section, the distance between a bail bonds business and a residential district of- a residential to hall be measured in a straight line, without regard to intervening structures, objects or city limits, from the closest exterior wall of the structure in which the bail bonds business is located to the property line of such use. Section 5. Any bail bonds business lawfully located and in active use as of the effective date of this Ordinance may be continued so long as it remains otherwise /Z- lawful, subject to the general requirements for legal nonconforming uses set forth in Section 26-120 of the Code of Laws. Section 6. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 7. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on the 12th day of May , 2008, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Monday, June 9 , 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2008. SIGNED by the Mayor on this day of 12008. Csvz- l Jerry DiTullio, Mayor ATTEST: d~5 Michael Snow, City Clerk 1'uu~fi? ~~4i ~t l "Approved As To Form Gerald E. Dahl, City Attorney First Publication: May 15, 2008 Second Publication: Wheat Ridge Transcript: Effective Date: CITY COUNCIL MINUTES: May 72, 2008 Page 4 Substitute motion by Ms. Berry to approve Item D; seconded by Mrs. Rotola; carried 7-1, with Mr. Womble voting No. Motion as amended carried 7-1, with Mr. Womble voting No. Mrs. Adams read the executive summary for Item E. Motion by Mrs. Adams for approval of Consent Agenda Item E; seconded by Mrs. Langworthy. Mr. Dahl gave a brief report on the additional costs to the City as best as he knew at this time since some of the bills had not yet come in. Motion carried 8-0. ORDINANCES ON FIRST READING Item 2. Council Bill 09-2008 - An Ordinance Concerning the Permitted Locations Of Bail Bonds Businesses, and In Connection Therewith, Amending Certain Sections Of Chapter 26 Of The Code Of Laws. Council Bill 09-2008 was introduced on first reading by Ms. Berry, who also read the executive summary. Motion by Ms. Bert' to approve Council Bill 09-2008 on first reading, order it published, public hearing be set for Monday, June 9, 2008 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mrs. Sang; carried 8-0. DECISIONS, RESOLUTIONS. AND MOTIONS Item 3. Resolution 26-2008 -A Resolution amending the Fiscal Year 2008 Capital Investment Program Fund Budget to reflect the approval a supplemental budget appropriation in an amount not to exceed $50,000 and authorizing the Wheat Ridge Urban Renewal Authority to utilize this appropriation to conduct a Blight Study of the Kipling Corridor. Resolution 26-2008 was introduced by Mrs. Adams, who read the executive summary. Motion by Mrs. Adams to approve Resolution 26-2008; seconded by Mr. Stites; carried 7-1 with Mr. Womble voting No. City of Wheat", ge ITEM NO: -24 REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: May 12, 2008 TITLE: COUNCIL BILL 09-2008 - AN ORDINANCE CONCERNING THE PERMITTED LOCATIONS OF BAIL BONDS BUSINESSES, AND IN CONNECTION THEREWITH, AMENDING CERTAIN SECTIONS OF CHAPTER 26 OF THE CODE OF LAWS ❑ PUBLIC HEARING ® ORDINANCES FOR IsT READING (05-12-2008) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (06-09-2008) ❑ RESOLUTIONS Quasi-judicial: 1 ❑ YES ® NO C~¢~--Po~rcp City Manag EXECUTIVE SUMMARY: In late 2007, Wheat Ridge City Council directed staff to research potential regulations regarding the location of bail bonds businesses within the City. Staff has researched the manner in which other Colorado jurisdictions regulate such businesses from a legal and zoning perspective. Staff also researched data regarding criminal activity and police call generation rates associated with these types of businesses in other Colorado communities. Based on that research and direction from Council, staff has prepared a draft ordinance that would place specific zoning code limitations on the location of bail bonds businesses. The draft ordinance identifies zoning districts within which these businesses would be a permitted use. The ordinance also establishes certain separation requirements from residentially zoned and/or used properties. COMMISSION/BOARD RECOMMENDATION: A recommendation from the Planning Commission is required for all proposed amendments to Chapter 26 of the Code of Laws. The Planning Commission held a public hearing on May 1 and passed a motion recommending approval of the ordinance, by a vote of 4-1. The Planning Commission motion included a recommendation that an additional provision be added to the ordinance requiring that no bail bonds business be located any closer than 600 feet from any school or public park. STATEMENT OF THE ISSUES: Staff has researched the manner in which other Colorado jurisdictions regulate bail bonds businesses from both a licensure and a zoning locational perspective. Staff also researched what other jurisdictions have experienced in regards to the crime rates or police response calls in proximity to these businesses. Staff did not identify other Colorado jurisdictions that regulate bail bonds businesses as a distinct zoning category. In regards to licensing requirements, bail bonds businesses are required in Colorado to meet state licensure and regulatory requirements. Based on a survey of Colorado Police Chiefs, there is at least anecdotal evidence that bail bonds businesses generate a small number of additional police calls, though staff was not able to generate empirical evidence in support of that proposition. One operational characteristic of bail bonds businesses that was identified and that may cause some additional impact on adjacent land uses is the fact that these businesses typically operate at all hours of day and night as needed to meet client needs. Based on the research results, staff has drafted an ordinance that limits the location where bail bonds businesses can locate within the City. The ordinance as drafted makes 3 principle changes to Chapter 26 of the Wheat Ridge Code of Laws, as follow: 1. Defines "bail bonds businesses as a business whose primary purpose is to act as a surety to secure the presence of an accused person at a court proceeding in a criminal matter." 2. Allows bail bonds businesses as a permitted use in the C-2 and I zoning districts subject to certain minimum separation requirements. Allows bail bonds businesses as a permitted use in the Planned Industrial District (PID), if specifically reviewed and approved through City Council's approval of an Outline Development Plan that specifically authorizes that use. 3. Prohibits bail bonds businesses from locating within 100 feet of a property line common with property zoned residentially or zoned A-1 or A-2, but used residentially. A map illustrating the locations where bail bonds businesses could be located is attached for reference. It is important to note that the PID properties depicted in hatched blue would not be authorized for bail bonds businesses until such time as the property owner requested and City Council approved an amendment to the applicable Outline Development Plan. ALTERNATIVES CONSIDERED: Staff considered two alternative approaches to the regulation of bail bonds businesses: 1) special use permit; and 2) local licensing. Special Use Permit (SUP): Typically, special use permits have variable land use impacts that may either require site specific mitigation or in some instances may not be appropriate in a given location. In staffs research, we did not identify land use impacts that we thought would have much variability between different bail business operators. Additionally, the City Attorney's office believes that the legislative restriction on the location of these businesses is more appropriate than the quasi-judicial SUP process. Local Licensing: It would be possible to require local licensure of bail bonds businesses as a way to regulate and monitor them. Staff feels that would be repetitive of the state licensure requirement. FINANCIAL IMPACT: None RECOMMENDED MOTION: "I move to approve Council Bill 09-2008, Case #ZOA-08-02, an ordinance concerning the permitted location of bail bonds businesses and in connection therewith, amending certain sections of Chapter 26 of the Code of Laws, order it published, and set a public hearing for June 9, 2008 at 7:00 p.m. in City Council Chambers." If City Council wishes to add the additional restriction recommended by the Planning Commission: "I further move to amend the ordinance to require that bail bonds businesses not be located any closer than 600 feet from the property line of any school or public park, with said amendment reflected in the published ordinance." or, "I move to table indefinitely Council Bill 09-2008 for the following reasons: " ATTACHMENTS: 1. Council Bill 09-2008 2. Proposed Bail Bonds Zoning Map CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 09 Ordinance No. Series of 2008 TITLE: AN ORDINANCE CONCERNING THE PERMITTED LOCATIONS OF BAIL BONDS BUSINESSES, AND IN CONNECTION THEREWITH, AMENDING CERTAIN SECTIONS OF CHAPTER 26 OF THE CODE OF LAWS WHEREAS, the City of Wheat Ridge, acting through its City Council, has authority pursuant to Article XX of the Colorado Constitution, C.R.S. 31-23-101 et sec., and the City's Home Rule Charter to regulate the use of land; and WHEREAS, such authority extends to the regulation of uses in the various zoning districts of the City; and WHEREAS, the Council finds and determines that conducting a bail bonds business has unique land use impacts, including but not limited to the noise and traffic associated with longer hours of operation (many twenty-four hours) than traditional retail businesses; and WHEREAS, Council further finds that such land use impacts are most appropriate and impact the quiet enjoyment of neighboring and surrounding properties the least in industrial zone districts and the higher-intensity commercial zone districts; and WHEREAS, as such, the Council finds and determines that it is necessary and desirable to define bail bonds businesses as a distinct land use and to permit such use in the industrial zone districts and the C-2 zone district within the City; and WHEREAS, Council has received recommendation on these amendments to Chapter 26 of the Wheat Ridge Code of Laws from the Planning Commission, after notice and a public hearing before the Commission; and WHEREAS, after due and proper notice in accordance with Chapter 26 of the Code of Laws, the Council has conducted a public hearing on the contents of this Ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: Section 1. Section 26-123 of the Code of Laws, concerning Zoning Code definitions, is hereby amended by the addition of a new definition, to be inserted alphabetically after Automobile storage yard and before Bed and breakfast rooms: ATTACHMENT I Bail bonds business. A business whose primary purpose is to act as a surety to secure the presence of an accused person at a court proceeding in a criminal matter. Section 2. Section 26-204 of the Code of Laws is hereby amended by the addition of the following new line item in the Table of Uses for Commercial and Industrial Districts, to be inserted alphabetically after "Automotive parts and supplies sales" and before "Bakeries, retail": Table of Uses-Commercial and Industrial Districts Uses Notes NC RC C-1 C-2 / Bail bonds businesses See Footnote 2. See § 26-634 for distance requirements. P P Section 3. Section 26-204 of the Code of Laws is hereby amended by the addition of the following under the "Footnote:" heading under the Table of Uses - Commercial and Industrial Districts: 2. In addition to being allowed as a Permitted Principal Use in the C-2 and I zone districts, bail bonds businesses may be permitted in Planned Industrial Development districts if approved as part of an Outline Development Plan (ODP) and in conformance with the requirements of Code Section 26-634. Section 4. Article VI of Chapter 26 of the Code of Laws is hereby amended by the addition of a new Section 26-634, to read in its entirety as follows: Sec. 26-634. Bail bonds businesses; distance requirements. A. No person shall locate, cause to locate or permit to be located a bail bonds business within one hundred (100) feet of the property line of any lot, tract or parcel of land within the city which is zoned for residential use, or zoned A-1 or A-2 and used for residential purposes. B. For the purpose of this Section, the distance between a bail bonds business and a residential district or a residential lot shall be measured in a straight line, without regard to intervening structures, objects or city limits, from the closest exterior wall of the structure in which the bail bonds business is located to the property line of such use. Section 5. Any bail bonds business lawfully located and in active use as of the effective date of this Ordinance may be continued so long as it remains otherwise lawful, subject to the general requirements for legal nonconforming uses set forth in Section 26-120 of the Code of Laws. Section 6. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 7. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on the day of , 2008, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2008. SIGNED by the Mayor on this day of 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript: Effective Date: City of Wheat Ridge 54TH I Bail Bonds Zones Map „ ~ fff i. 51ST i>n PPnNTArF G ' Z 3 3 R4 O t~ j 3( ' j11 ¢ - aA 1 „I 5T 35TI fJ TH a ; 34TH iu ~ w 0~~ 3 ~t o 0 w m -all T R-i' is p =G a n' ~,9 29THI ~C~tr 29TH Q v v 1 MftBaser Zoning O O Pamb _ 0., R3A PCC City of Wheat Ridge Boundary R+n PRO PeF. Bail Bonds Zone Districts 0 R.,a a_, PF-, i 62 MC A2 PM Clty of © PMUD Wheat 1idige RC R-2A RC Co ,7 = alrEmo z DI: This is eliabl Jeffete ,.eaa. o I'm asap CCmPI Feel Thea assure hold fr _ result 3,,m ] all g hall indemnity and s of action that z,2emo ATTACHMENT 2 R NOTICE: Jerry DiTullio 3250 Newland Street Mayor DiTullio expressed appreciation to those serving on the Planning Commission and presented the following updates: WRURA has purchased property at 44th and Wadsworth with the goal of redevelopment. The property was sold by willing sellers and no residential property was involved. One of the property owners who sold property to WRURA, Vern Vohoska, gave $100,000 of their proceeds to the city to be used toward construction of a new library. Discussions will be held with the Library Board concerning construction of a library at 40 and Wadsworth as an anchor for the area. PUBLIC HEARING A. Case No. ZOA-08-02: An ordinance concerning the permitted locations of bail bonds businesses and, in connection therewith, amending certain W sections of Chapter 26 of the Wheat Ridge Code of Laws. The case was presented by Ken Johnstone. The proposed ordinance would make three principle changes to Chapter 26 of the Code. 1) Define bail bonds businesses as businesses whose primary purpose is to act as surety to secure the presence of an accused person at a court proceeding in a criminal matter. 2) Allow bail bonds businesses as a permitted use in C-2 and I zoning districts subject to certain separation requirements. Allow bail bonds businesses as a permitted use in Planned Industrial Districts if specifically reviewed and approved through City Council approval of an Outline Development Plan. 3) Prohibit bail bonds businesses from locating within 100 feet of a property line common with property zoned residentially or zoned A-1 or A-2, but used residentially. In response to a question from Commissioner SZECNEY, Mr. Johnstone stated that there is only one bail bond business in Wheat Ridge. Commissioner DWYER asked if the existing bail bonds business has generated any complaints to the city. Mr. Johnstone replied that he was not aware of any official complaints. There is anecdotal evidence of increased police response calls. Commissioner DWYER commented that there are other businesses with the same hours of operation and also generate some police calls. He expressed concern that Planning Commission Minutes 2 May 1, 2008 the ordinance could be perceived as unfair treatment to bail bonds businesses. He stated that he was uneasy about placing restrictions on viable businesses. Commissioner STEWART asked if the existing bail bonds business would meet the new requirements. Mr. Johnstone replied that the ordinance would cause the business to become legally nonconforming. It was moved by Commissioner MATTHEWS and seconded by Commissioner STEWART to recommend approval of the proposed ordinance concerning the permitted locations of bail bonds businesses and, in connection therewith, amending certain sections of Chapter 26 of the Code of Laws. Commissioner SZECNEY offered a friendly amendment to add Item "C" under Section 4 of the ordinance to state No person shall locate, cause to locate or permit to be located, a bail bonds business within six hundred feet of the property line of any lot, tract or parcel of land within the city which is considered a public park or school. The friendly amendment was accepted by Commissioners MATTHEWS and STEWART. The motion passed 4-1 with Commissioner DWYER voting no and Commissioners CHILVERS, REINHART and TIMMS absent. 8. OTHER ITEMS Ken Johnstone welcomed John Dwyer to the Planning Commission. Mr. Dwyer represents District 4. 9. ADJOURNMENT It was moved by Commissioner MATTHEWS and seconded by Commissioner STEWART to adjourn the meeting at 7:40 p.m. The motion passed unanimously. Anne Brinkman, Chair Ann Lazzeri, Recording Secretary Planning Commission Minutes 3 May 1, 2008 ~I i \ M ti ~ C4 ✓Vti Y....- 1r s $1 V ~ 1 I cil _ ~ r sel ors . `w SS _y_A Sp car r- ~ It J\ ~v .1~M ~ -I Y t 44 3 Y - 12 V-~/ City of WheatRiidge PLANNING COMMISSION AGENDA May 1, 2008 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on May 1, 2008, at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. 1. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 5. APPROVAL OF MINUTES - March 20, 2008 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) 7. PUBLIC HEARING A. Case No. ZOA-08-02: An ordinance concerning the permitted locations of bail bonds businesses, and in connection therewith, amending certain sections of Chapter 26 of the Wheat Ridge Code of Laws. 8. STUDY SESSION 9. OTHER ITEMS 10. ADJOURNMENT \ - S- Ad 4 V-1 of WHEAT PLANNING COMMISSION m LEGISLATIVE ITEM STAFF REPORT COI ORP~O MEETING DATE: May 1, 2008 TITLE: AN ORDINANCE CONCERNING THE PERMITTED LOCATIONS OF BAIL BONDS BUSINESSES, AND IN CONJUNCTION THEREWITH, AMENDING CERTAIN SECTIONS OF CHAPTER 26 OF THE CODE OF LAWS CASE NO. ZOA-08-02 ® PUBLIC HEARING ❑ RESOLUTION ® CODE CHANGE ORDINANCE ❑ STUDY SESSION ITEM Case Manager: Ken Johnstone, AICP, Director of Community Development Date of Preparation: May 1, 2008 SUMMARY AND BACKGROUND: In late-2007, Wheat Ridge City Council directed staff to research potential regulations regarding the location of bail bonds businesses within the City. Staff has researched the manner in which other Colorado jurisdictions regulate such businesses from a legal, zoning and police perspective. Based on that research and further direction from City Council at a January 2008 study session, staff has prepared a draft ordinance that would place specific zoning code limitations on the location of bail bonds businesses. All amendments to Chapter 26 (Zoning and Development) of the Wheat Ridge Municipal Code require consideration by the Planning Commission at a public hearing, with a recommendation to be forwarded to City Council for consideration. Staff has researched the manner in which other Colorado jurisdictions regulate bail bonds businesses from both a licensure and a zoning locational perspective. Staff has also researched what other jurisdictions have experienced in regards to the crime rates or police response calls in proximity to these businesses. Staff was not able to find any examples of other jurisdictions that regulated bail bonds as a distinct zoning category. In regards to licensing requirements, bail bonds businesses are required in Colorado state law to meet state licensure and regulatory requirements. Based on a survey of Colorado Police Chiefs, there is at least anecdotal evidence that bail bonds businesses generate a small number of additional police calls, though staff was not able to generate empirical evidence in support of that proposition. STATEMENT OF THE ISSUES: Based on our research and our understanding of the operational characteristics of bail bonds businesses, staff is recommending amendments to Chapter 26 of the Wheat Ridge Code of Laws that would limit the would limit the locations where bail bonds businesses would be permitted. We base this recommendation on 1) the fact that there is anecdotal evidence of an increase in police response calls and 2) the longer hours of operation (often 24 hours) that bail bonds businesses typically have. Other alternatives that staff considered but that we are not recommending move forward include: 1) the treatment of bail bonds businesses as a special review use under the zoning code; and 2) a local licensing option. Special Review Use Alternative. Staff considered the possibility of making bail bonds businesses a special review use (SRLD in certain zoning districts. Typical special review uses have variable land use impacts that may require mitigation. In our research of bail bonds, staff did not identify a range of land use impacts that vary among different bail bonds operators. Additional the City Attorney's office believes that the legal defensibility of a legislative (zoning text amendment) restriction on these businesses is less complex than that of a quasi-judicial (case by case SRU review) action. Local Licensing Alternative. Staff also considered the possibility of a local licensing option for bail bonds businesses. Staff is not recommending this approach as it would be repetitive of the comprehensive state licensing scheme that already exists. The ordinance as proposed makes 3 principles changes to Chapter 26 of the WR Code. Defines "bail bonds businesses as a business whose primary purpose is to act as a surety to secure the presence of an accused person at a court proceeding in a criminal matter." Allows bail bonds businesses as a permitted use in the C-2 and I zoning districts subject to certain separation requirements. Allows bail bonds businesses as a permitted use in the Planned Industrial District (PID) if specifically review and approved through City Council's approval of an Outline Development Plan that contemplates such use. Prohibit bail bonds businesses from locating within 100 feet of a property line common with property zoned residentially or zoned A-1 or A-2, but used residentially. A map illustrating the locations where bail bonds businesses could be located is attached for reference. It is important to note that the PID properties depicted in hatched blue would not be authorized for bail bonds businesses until such time as the property owner requested and City Council approved an amendment to the applicable Outline Development Plan. "I move to recommend approval of the proposed ordinance concerning the permitted locations of Bail Bonds Businesses, and in connection therewith, amending certain sections of Chapter 26 ofthe Code of Laws. " Exhibits: 1. Ordinance Amending Chapter 26 2. Map depicting potential locations for Bail Bonds Businesses. CADocuments and Settings\kfleld\Local Settings\Temporary Internet Files\OLK5B\PC hearing staff Report 5-1-08-.doc CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2008 TITLE: AN ORDINANCE CONCERNING THE PERMITTED LOCATIONS OF BAIL BONDS BUSINESSES, AND IN CONNECTION THEREWITH, AMENDING CERTAIN SECTIONS OF CHAPTER 26 OF THE CODE OF LAWS WHEREAS, the City of Wheat Ridge, acting through its City Council, has authority pursuant to Article XX of the Colorado Constitution, C.R.S. 31-23-101 et sue., and the City's Home Rule Charter to regulate the use of land; and WHEREAS, such authority extends to the regulation of uses in the various zoning districts of the City; and WHEREAS, the Council finds and determines that conducting a bail bonds business has unique land use impacts, including but not limited to the noise and traffic associated with longer hours of operation (many twenty-four hours) than traditional retail businesses; and WHEREAS, Council further finds that such land use impacts are most appropriate and impact the quiet enjoyment of neighboring and surrounding properties the least in industrial zone districts and the higher-intensity commercial zone districts; and WHEREAS, as such, the Council finds and determines that it is necessary and desirable to define bail bonds businesses as a distinct land use and to permit such use in the industrial zone districts and the C-2 zone district within the City; and WHEREAS, Council has received recommendation on these amendments to Chapter 26 of the Wheat Ridge Code of Laws from the Planning Commission, after notice and a public hearing before the Commission; and WHEREAS, after due and proper notice in accordance with Chapter 26 of the Code of Laws, the Council has conducted a public hearing on the contents of this Ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: EXHIBIT I Section 1. Section 26-123 of the Code of Laws, concerning Zoning Code definitions, is hereby amended by the addition of a new definition, to be inserted alphabetically after Automobile storage yard and before Bed and breakfast rooms: Bail bonds business. A business whose primary purpose is to act as a surety to secure the presence of an accused person at a court proceeding in a criminal matter. Section 2. Section 26-204 of the Code of Laws is hereby amended by the addition of the following new line item in the Table of Uses for Commercial and Industrial Districts, to be inserted alphabetically after "Automotive parts and supplies sales" and before 'Bakeries, retail': Table of Uses -Commercial and Industrial Districts Uses Notes NC RC C-1 C-2 I Bail bonds businesses See Footnote 2. See § 26-634 for distance requirements. P P Section 3. Section 26-204 of the Code of Laws is hereby amended by the addition of the following under the "Footnote:" heading under the Table of Uses - Commercial and Industrial Districts: 2. In addition to being allowed as a Permitted Principal Use in the C-2 and I zone districts, bail bonds businesses may be permitted in Planned Industrial Development districts if approved as part of an Outline Development Plan (ODP) and in conformance with the requirements of Code Section 26-634. Section 4. Article VI of Chapter 26 of the Code of Laws is hereby amended by the addition of a new Section 26-634, to read in its entirety as follows: Sec. 26-634. Bail bonds businesses; distance requirements. A. No person shall locate, cause to locate or permit to be located a bail bonds business within one hundred (100) feet of the property line of any lot, tract or parcel of land within the city which is zoned for residential use, or zoned A-1 or A-2 and used for residential purposes. B. For the purpose of this Section, the distance between a bail bonds business and a residential district or a residential lot shall be measured in a straight line, without regard to intervening structures, objects or city limits, from the closest exterior wall of the structure in which the bail bonds business is located to the property line of such use. Section 5. Any bail bonds business lawfully located and in active use as of the effective date of this Ordinance may be continued so long as it remains otherwise lawful, subject to the general requirements for legal nonconforming uses set forth in Section 26-120 of the Code of Laws. Section 6. Severability' Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 7. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on the _ day of , 2008, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2008. SIGNED by the Mayor on this day of 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript: Effective Date: City of Wheat Ridge ET". -i Bail Bonds Zones Map I I. ST EXHIBIT 2 R113 UU i l~ 1 Z~ l W H ~ i rely; O J R"1 y ~>W l W 39,Tki~'- d ~JJ TH r R-f~'S^bu'" Fi K'IE STH~ ~`..a , } K ° ! m` ' J+` r i~c~'i,~IF- sort."' f ~ c, ' ' 1 ~iw~ v :t f JJ... s4>ri.s .R TH x tr , ± O y a ' ' %,yt! n .ink mat'(_as`'~ R"s ,s a67 n a , R,, ~37T m 313TH o f p a ,sew ?f s b ~ 1 b5M 1 3 ( u (DI c w. TH R-1 Z i 'CN , = © M1. n bD`h aK Jno(f ` > m . Y w 3d . IT• .tu iw )y rri rPSU s+~ O O O 33F1 O Z O k a -r" a I a ~,O Q / m ~ r31 1 w F l r try' I srO~.t ~•~v 2~j, 1 ~r City of Wheat~dge a- _-m-__ m.Q _ -ru vt ~1r, t'W''e ~T f..n r .ap, ~i ~y = s R~9 3,~ ii r3 R-1 R 1(,#W 4; - Ei 129', v zl al r I; a DISCLAIMER NOTICE: This is a pictorial representation of geographic and demographic information. Reliance upon the accuracy, reliability , and authority of this information is solely requestor's responsibility. The City of Wheat Ridge, in Jefferson County, Colorado- apolitical subdivision of the State of Colorado, has compiled for its use certain r,em o 1,000 3,600 computerized information. This information is availableto assist in identifying general areas of concern only. Feet The computerized information provided should only be relied upon with corroboration of the methods, assumptions, and results by a qualified independent source. The user of this information shall indemnify and hold free the City of Wheat Ridge from any and all liabilities, damages, lawsuits, and causes of action that result as a consequence of his reliance on information provided herein. a~i:nm arsmm~ aizsrmn 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 May 1, 2008, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 291h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following case shall be heard: Case No. ZOA-08-02: An ordinance concerning the permitted locations of bail bonds businesses, and in connection therewith, amending certain sections of Chapter 26 of the Wheat Ridge Code of Laws. Kathy Field, Administrative Assistant To Be Published: Wheat Ridge Transcript Date: April 17, 2008 Bail Bonds Summary - Planning Commission o City Council direction to research o Research regarding zoning, legal and police o Limited Colorado Examples from legal and zoning research o Some evidence of higher police calls and crime rates o Based on our research and Council direction, we are proposing an ordinance amending Chapter 26 of the WR Code - 3 primary changes o Defines "bail bonds businesses" as a distinct land use in the zoning code o Allows "bail bonds businesses" as a permitted use in C-2 and I districts and in PID if so noted on an outline development plan o Prohibits "bail bonds businesses" from locating within 100 feet of property lines common with residentially zoned land as well as A-1 and A-2 zoned land that is used residentially. o Map is exhibit #2 o Amendment to Chapter 26 - requires Planning Commission recommendation. o 1st reading tentatively scheduled for May 12 City Council Case No.: OA0802 Quarter Section Map No.: App: Last Name: Citywide Related Cases App: First Name: Case History: mend code concerning permdte locations of bail Owner: Last Name: bonds businesses Owner: First Name: ~ - App Address: J Review Body: PC: 5/1108_ _ City, State Zip: App: Phone: APN: Owner Address:- 2nd Review Body: CC _ City/State/Zip: 2nd Review Date: Owner Phone: - Decision-making Body: CC. Project Address: ~ Approval/Denial Date: Street Name: 1 City/State, Zip: Reso/Ordinance No.: Case Disposition: Conditions of Approval: District: Project Planner: ohnstone File Location: ctive Date Received: /15/2008.. Notes: ~ _ . Pre-App Date: F Follow-Up: Study Session February 4, 2008 Item 2. c M L1 R R AY ~A1 2L = KLJEGHENM EtSTER _ RENALf G' LLP TO: Mayor DiTullio and City Council FROM: Gerald E. Dahl, City Attorney Ken Johnstone, Director of Community Development DATE: January 18, 2008 RE: Regulation of bail bonds businesses At the Council's direction, City staff has conducted research into potential avenues for the local regulation of bail bonds businesses. This memorandum summarizes that research and presents regulatory options for your consideration. Findings: • Staff did not locate any other Colorado municipalities that specifically regulate bail bonds businesses through licensure, zoning regulations or any other manner. • Anecdotal evidence suggests that bail bonds businesses may generate a small number of additional police calls than other service businesses. Staff could not locate any empirical evidence (hard data) in support of this proposition. • Bail bonds businesses have necessarily longer hours of operation (many twenty-four hours) than other businesses. Options: 1) Recommended by staff. Adopt a zoning Code amendment that: o Defines "Bail Bond Business" as a specific use category; o Allows Bail Bond Business as a use by right only in a limited number of commercial/industrial zoning districts; and o Requires a minimum separation from residential uses and possibly other bail bonds businesses. The regulatory bases for the locational restrictions are the potential for greater criminal activity and the lengthy hours of operation. 2) Alternative (not recommended by staff): Adopt a zoning Code amendment that treats Bail Bonds Businesses as a special review use (SRU). Such businesses would be required to receive individual approval from the City before locating in permitted zone districts. Staff does not favor this approach for two reasons: 1) The theory of SRUs is that such uses are appropriate in certain locations but that they have variable land use impacts that may require mitigation. Staff has not identified a range of land use impacts that would be variable among different Bail Bonds operators; 2) The legal defensibility of a legislative (zoning text amendment) restriction on the location of a particular use is less complex than that of a quasi-judicial (case-by-case SRU review) action. Mayor DiTullio and City Council Re: Regulation of Bail Bond Businesses January 98, 2008 Page 2 3) Local Licensing Option: Adopt a local licensing scheme for bail bonds businesses. Staff does not favor this approach because a comprehensive licensing scheme already exists in state law. The City would merely be investing time and resources in the duplication of the state's efforts. To take advantage of the existing state licensure requirements, the City could include the possession of a state -issued bail bonds license in the definition of "Bail Bond Businesses." We are happy to answer any questions you may have concerning any of the above options. At your direction, we are prepared to carry forward your desired course of action. l~Lli 6 5 C~pG~~~ P~ y~ 7 c0 (r~ Ss y C_z q -7-0 11 O CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2008 TITLE: AN ORDINANCE CONCERNING THE PERMITTED LOCATIONS OF BAIL BONDS BUSINESSES, AND IN CONNECTION THEREWITH, AMENDING CERTAIN SECTIONS OF CHAPTER 26 OF THE CODE OF LAWS WHEREAS, the City of Wheat Ridge, acting through its City Council, has authority pursuant to Article XX of the Colorado Constitution, C.R.S. 31-23-101 et seg. and the City's Home Rule Charter to regulate the use of land; and WHEREAS, such authority extends to the regulation of uses in the various zoning districts of the City; and WHEREAS, the Council finds and determines that the conduct of bail bonds businesses has unique land use impacts, including but not limited to the noise and traffic associated with longer hours of operation (many twenty-four hours) than traditional retail businesses; and WHEREAS, the Council further finds that such land use impacts are most appropriate, and impact the quiet enjoyment of neighboring and surrounding properties the least, when limited to industrial zone districts and high-intensity commercial zone districts; and WHEREAS, the Council finds and determines that it is necessary and desirable to define bail bonds businesses as a distinct land use and to permit such use in the industrial zone districts and the C-2 zone district within the City; and WHEREAS, Council has received recommendation on these amendments to Chapter 26 of the Wheat Ridge Code of Laws from the Planning Commission, after notice and a public hearing before the Commission; and WHEREAS, after due and proper notice in accordance with Chapter 26 of the Code of Laws, the Council has conducted a public hearing on the contents of this Ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: Section 1. Section 26-123 of the Code of Laws, concerning Zoning Code definitions, is hereby amended by the addition of a new definition, to be inserted alphabetically after Automobile storage yard and before Bed and breakfast rooms: Bail bonds business. A business whose primary purpose is to act as a surety to secure the presence of an accused person at a court proceeding in a criminal matter. Section 2. Section 26-204 of the Code of Laws is hereby amended by the addition of the following new line item in the Table of Uses for Commercial and Industrial Districts, to be inserted alphabetically after "Automotive parts and supplies sales" and before 'Bakeries, retail': Table of Uses -Commercial and Industrial Districts Uses Notes NC RC C-1 C-2 I Bail bonds businesses See § 26-634 for distance re uirements. P P Section 3. Article VI of Chapter 26 of the Code of Laws is hereby amended by the addition of a new Section 26-634, to read in its entirety as follows: Sec. 26-634. Bail bonds businesses; distance requirements. A. No person shall locate, cause to locate or permit to be located a bail bonds business within one hundred (100) feet of the property line of any lot, tract or parcel of land within the city which is zoned for residential use, or which is zoned A-1 or A-2 and used for residential purposes. B. For the purpose of this Section, the distance between a bail bonds business and a residential district or a residential lot shall be measured in a straight line, without regard to intervening structures, objects or city limits, from the closest exterior wall of the structure in which the bail bonds business is located to the property line of such residential use. Section 4. Any bail bonds business lawfully located and in active use as of the effective date of this Ordinance may be continued so long as it remains otherwise lawful, subject to the general requirements for legal nonconforming uses set forth in Section 26-120 of the Code of Laws. Section 5. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on the day of , 2008, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2008. SIGNED by the Mayor on this day of , 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript: Effective Date: M URRAY ~AHL d KU ECHENMEISTER RENALJO LLP TO: Mayor DiTullio and City Council FROM: Gerald E. Dahl, City Attorney Ken Johnstone, Director of Community Development DATE: January 18, 2008 RE: Regulation of bail bonds businesses At the Council's direction, City staff has conducted research into potential avenues for the local regulation of bail bonds businesses. This memorandum summarizes that research and presents regulatory options for your consideration. Findings: Staff did not locate any other Colorado municipalities that specifically regulate bail bonds businesses through licensure, zoning regulations or any other manner. Anecdotal evidence suggests that bail bonds businesses may generate a small number of additional police calls than other service businesses. Staff could not locate any empirical evidence (hard data) in support of this proposition. Bail bonds businesses have necessarily longer hours of operation (many twenty-four hours) than other businesses. Options: 1) Recommended by staff. Adopt a zoning Code amendment that: o Defines "Bail Bond Business" as a specific use category; o Allows Bail Bond Business as a use by right only in a limited number of commercial/industrial zoning districts; and o Requires a minimum separation from residential uses and possibly other bail bonds businesses. The regulatory bases for the locational restrictions are the potential for greater criminal activity and the lengthy hours of operation. 2) Alternative (not recommended by staff): Adopt a zoning Code amendment that treats Bail Bonds Businesses as a special review use (SRU). Such businesses would be required to receive individual approval from the City before locating in permitted zone districts. Staff does not favor this approach for two reasons: 1) The theory of SRUs is that such uses are appropriate in certain locations but that they have variable land use impacts that may require mitigation. Staff has not identified a range of land use impacts that would be variable among different Bail Bonds operators. 2) The legal defensibility of a legislative (zoning text amendment) restriction on the location of a particular use is less complex than that of a quasi-judicial (case-by- case SRU review) action. 3) Local Licensing Option: Adopt a local licensing scheme for bail bonds businesses. Staff does not favor this approach because a comprehensive licensing scheme already exists in state law. The City would merely be investing time and resources in the duplication of the state's efforts. To take advantage of the existing state licensure requirements, the City could include the possession of a state -issued bail bonds license in the definition of "Bail Bond Businesses." We are happy to answer any questions you may have concerning any of the above options. At your direction, we are prepared to carry forward your desired course of action. Page 1 of 2 Kenneth Johnstone From: Daniel Brennan Sent: Wednesday, December 05, 2007 6:07 PM To: Randy Young; Kenneth Johnstone Subject: Bail Bonds businesses I asked the Colorado Association of Chiefs of Police (CACP) to send the following e-mail to its members in the State: 1. What impacts to City services, if any, has your community seen as a result of a bail bonds business being located within your community? 2. Have you seen any increases in criminal, civil or disorder related crimes in the areas surrounding the bail bonds business? I Have you seen an increase in police calls for service at the bail bonds business? I received 8 responses to date and the responses vary from no impact to some. I have listed comments here for your review under each question: What impacts to City services, if any, has your community seen as a result of a bail bonds business being located within your community? We encounter a great number of lobby walk-in warrant arrests. Bail bonds businesses can bring their clients a law enforcement agency rather than the jail. One agency stated this is because they process them in a much shorter time frame and the client avoids jail. They charge $25.00 to process the warrant. (Loveland PD) Most agencies reported being impacted by bail bonds companies when they attempt to pickup a wanted party (we have had similar responses to these calls). 2. Have you seen any increases in criminal, civil or disorder related crimes in the areas surrounding the bail bonds business? One agency had a high profile bail bonds business that created calls for service for them related to the business owner (DOG). Overall, the majority of agencies stated they have had no measureable impacts. 3. Have you seen an increase in police calls for service at the bail bonds business? Most respondents implied or stated that a lot of the bail bond business is done over the phone and at jails; so some of the calls for service will revolve around how much walk-in business is done. That can be hard to quantify without a history. 1/9/2008 Page 2 of 2 I will update you if I receive more information. Let me know if you need additional information. IMaj $r¢tiNaa Daniel Brennan, Chief of Police Wheat Ridge Police Department 7500 West 291h Ave Wheat Ridge, CO 80033 This electronic mail transmission and ally accompanying documents contain information belonging to the sender which may be confidential and legally privileged. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify me immediately by telephone or e-mail and destroy the original message without making a copy. Thank you. 1/9/2008 Page 1 of 1 Kenneth Johnstone From: Daniel Brennan Sent: Tuesday, December 04, 2007 9:01 AM To: 'Karen Renshaw' Subject: Bail Bonds Businesses Karen, I have been asked by my City Manager to do some research on the impact of bail bonds businesses to City services, particularly police. Would you please send these questions out to the State Chiefs and have them reply back to me. The questions are: 1. What impacts to City services, if any, has your community seen bonds business being located within your community? 2. Have you seen any increases in criminal, civil or disorder relate( surrounding the bail bonds business? 3. Have you seen an increase in police calls for service at the bail Thanks in advance for your assistance. Daniel Brennan, Chief of Police Wheat Ridge Police Department 7500 West 29th Ave Wheat Ridge, CO 80033 as a result of a bail crimes in the areas bonds business? This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. If you are not the intended recipient of this e-mail, you are hereby notified that airy dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify me immediately by telephone or e-mail and destroy the original message without making a copy. Thank you. 1/9/2008 Page 1 of 1 Kenneth Johnstone From: Gerald Dahl [gdahl@mdkrlaw.com] Sent: Tuesday, December 18, 2007 11:18 AM To: Kenneth Johnstone Subject: RE: Bail Bonds Ken, We ran this through the colo municipal attorneys listserv and got absolutely nothing, so it looks like time to reconvene. Gerald E. Dahl gdaW@mdkrlaw.com Direct: 303-493-6686 Murray Dahl Kuechenmeister & Renaud LLP 2401 15th Street, Suite 200 Denver. CO 80202 Phone: 303-493-6670 Fax: 303-477-0965 This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify me immediately by telephone or e-mail and destroy the original message without making a copy. Thank you. From: Kenneth Johnstone [mailto:kjohnstone@ci.wheatridge.co.us] Sent: Wednesday, December 12, 2007 10:03 AM To: Gerald Dahl Subject: Bail Bonds Jerry, Our preliminary research is not identifying much precedent for other communities calling out Bail Bond businesses as unique and differently regulated uses. Additionally, Chief Brennan's research to date has not identified other communities that have experienced higher rates of criminal activity or dispatch calls. It appears that the businesses tend to conduct the majority of their business off-site - presumably at detention and court facilities. Were you going to complete any separate legal research on regulatory options? Please let me know and we can then reconvene on strategy. Thanks. Ken Johnstone, AICP Director of Community Development City of Wheat Ridge, CO (303) 235-2844 1/9/2008 Page I of 1 Kenneth Johnstone From: Gerald Dahl [gdahl@mdkrlaw.comj Sent: Wednesday, December 12, 2007 12:24 PM To: Kenneth Johnstone Subject: RE: Bail Bonds Ken, we will do a quick attorneys listserv inquiry, should have any results within a week. Gerald E. Dahl gdahl@mdkrlaw.com Direct: 303-493-6686 Murray Dahl Kuechenmeister & Renaud LLP 2401 15th Street, Suite 200 Denver, CO 80202 Phone: 303-493-6670 Fax: 303-477-0965 This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify me immediately by telephone or e-mail and destroy the original message without making a copy. Thank you. From: Kenneth Johnstone [mailto:kjohnstone@ci.wheatridge.co.us] Sent: Wednesday, December 12, 2007 10:03 AM To: Gerald Dahl Subject: Bail Bonds Jerry, Our preliminary research is not identifying much precedent for other communities calling out Bail Bond businesses as unique and differently regulated uses. Additionally, Chief Brennan's research to date has not identified other communities that have experienced higher rates of criminal activity or dispatch calls. It appears that the businesses tend to conduct the majority of their business off-site - presumably at detention and court facilities. Were you going to complete any separate legal research on regulatory options? Please let me know and we can then reconvene on strategy. Thanks. Ken Johnstone, AICP Director of Community Development City of Wheat Ridge, CO (303) 235-2844 1/9/2008 I City of Wheatj qge COMMUNITY DEVELOPMENT Memorandum TO: Ken Johnstone, Community Development Director FROM: Travis Crane, Planner II Adam Tietz, Planner I DATE: 13 December 2007 SUBJECT: Bail Bonds Research The Planning Division recently completed a metro-wide survey regarding bail bondsmen. The following cities were surveyed regarding regulation of bail bondsmen: Englewood, Aurora, Broomfield, Littleton, Denver, Arvada, Lakewood and Golden. Each municipality was asked if their respective jurisdiction regulated bail bondsmen in any way; either with performance standards, locational restrictions or a special review. While each City had a little different answer to the question, the general outcome was the same: no one regulates the location or imposes any special review of bail bondsmen. Most cities stated that there is no specific line item in the list of allowable uses for bail bondsmen, but that they would be allowed, as they are similar in nature to banks, office use, or other similar low-impact uses. In our research, it was apparent that the City of Wheat Ridge would be the first metro municipality to regulate bail bondsmen in any way. If City Council directs staff to bring forward an additional research or evidence, we can provide a detailed report of surrounding municipalities. Additionally, we can prepare a map of the City which shows distances and buffers of commercial or industrial properties to residential zone districts