HomeMy WebLinkAbout05/01/2008
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PLANNING COMMISSION
Minutes of Meeting
May 1, 2008
ORIGINAL
1. CALL THE MEETING TO ORDER
The meeting was called to order by Chair BRINKMAN at 7:00 p.m. in the City
Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat
Ridge, Colorado.
2. ROLL CALL OF MEMBERS
Commission Members Absent:
Jim Chilvers
Davis Reinhart
Steve Timms
Commission Members Present:
Anne Brinkman
John Dwyer
Dick Matthews
J eITY Scezney
Kim Stewart
Staff Members Present:
Ken Johnstone, Community
Development Director
Ann Lazzeri, Recording Secretary
3. PLEDGE OF ALLEGIANCE
4. APPROVE ORDER OF THE AGENDA
It was moved by Commissioner MATTHEWS and seconded by
Commissioner STEWART to amend the order of the agenda by removing
Item No.8 - Study Session. The motion passed unanimously.
5. APPROVAL OF MINUTES - March 20, 2008
It was moved by Commissioner MATTHEWS and seconded by
Commissioner STEWART to approve the minutes of March 20, 2008 as
presented. The motion passed 3-0 with Commissioners DWYER and
SCEZNEY abstaining.
6. PUBLIC FORUM (This is the time for any person to speak on any subject not
appearing on the agenda.)
Planning Connnission Minutes
May 1, 2008
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 V ohoska,
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 44th and Wadsworth as an anchor for the area.
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.
The case was presented by Ken Johnstone. The proposed ordinance would make
three principle changes to Chapter 26 ofthe 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-lor 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 Connnission Minutes
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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 ofthe proposed
ordinance concerning the permitted locations of bail bonds businesses and, in
connection therewith, amending certain sections of Chapter 26 ofthe 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.
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Anne Brinkman, Chair
Planning COnmllssion Minutes
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May 1, 2008