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HomeMy WebLinkAbout10/03/2002 CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting October 3, 2002 ORIGINAL 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Planning Commission was called to order by Chair WEISZ at 7:00 p.m., October 3, 2002, in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Commission Members Present: Jerry Collins John McMillin Marian McNamee Phil Plummer Nancy Snow Paula Weisz Kevin Witt Commission Members Absent: Paulette Cooper Staff Members Present: Alan White, Planning Director Mary Austin, Planner Ann Lazzeri, Secretary 3. PLEDGE OF ALLEGIANCE Following is the official set of Planning Commission minutes for the public hearing of October 3, 2002. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. 4. APPROVE ORDER OF AGENDA It was moved by Commissioner SNOW and seconded by Commissioner COLLINS to approve the order of the agenda. The motion passed 7-0 with Commissioner COOPER absent. 5. APPROVE MINUTES - September 5, 2002 It was moved by Commissioner McNAMEE and seconded by Commissioner SNOW to approve the minutes of September 5, 2002 as presented. The motion passed 6-0 with Commissioner COOPER absent and Commissioner PLUMMER abstaining. Planning Commission Oclober 3, 2002 Page I 6. PUBLIC FORUM Alan White made an announcement concerning erroneous information presented by the media indicating that redevelopment ofthe southwest comer of 38th and Sheridan would be discussed by the Planning Commission at this meeting. He stated that this matter would not come before the Planning Commission uuless redevelopment proposals are received at which time there could be the need for the Planning Commission to consider land use cases or an amendment to the urban renewal plan. 7. PUBLIC HEARING A. Case No. WZ-02-11: An application filed by Rocky Mountain Bottle Company for approval of an amendment to a Planned Industrial Development final development plan for the purpose of expanding the parking lot to add 154 parking spaces on property located at 10619 West 50th Avenue and zoned Planned Industrial Development (PID). The case was presented by Mary Austin. She advised the Commission that all noticing requirements had been met and there was jurisdiction to hear the case. She entered all pertinent documents into the record which were accepted by Chair WEISZ. Ms. Austin reviewed the staff report and gave a digital presentation. Staff recommended approval of the application for reasons outlined in the staff report. In answer to a question from Commissioner SNOW, Ms. Austin stated that a letter of approval had been received from the Arvada Fire Department. Kent (inaudible) Grey Wolf Studio Appearing as a representative of the applicant, he stated that the proposed plan would provide separation between employee parking and truck traffic and reduce the slope of the entry drive to improve safety conditions within the site. Dan Roberts Rocky Mountain Bottle Company Mr. Roberts was sworn in by Chair WEISZ. He explained that the subject property is owned by Coors who has a joint venture agreement with Rocky Mountain Bottle. Commissioner McNAMEE asked Mr. Roberts ifit would be agreeable to the applicant to replace the plans to plant bluegrass with plans for a drought resistant turf. Mr. Roberts indicated this would be agreeable because his company is also concerned about water use. Chair WEISZ asked if others were present who wished to address this matter. There was no response. It was moved by Commissioner SNOW and seconded by Commissioner PLUMMER that Case No. WZ-02-11, a request for approval of an amendment to a Planned Industrial Development final development plan for property located at 10619 West 50th Avenue be recommended to City Council for approval for the following reasons: Planning Commission October 3, 2002 Page 2 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 tutfis 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 oftime, 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 October 3, 2002 Page 3 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 changes to allow for more restrictive regulation oftattoo 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. Pasternack 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 October 3, 2002 Page 4 Richard Sander Attorney Mr. Sander stated he was appearing on behalf ofEZ 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 ofthose 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 October 3, 2002 Page 5 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 Queen 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 October 3, 2002 Page 6 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 63'd, 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 October 3, 2002 Page 7 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. Pasternack 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 October 3, 2002 Page 8 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 support a 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 possible. 8. OLD BUSINESS Recreational Vehicle Parking - Commissioner McMILLIN offered a possible solution to the regulation of R V parking. He suggested that the city issue parking licenses for vehicles parked in front yards. Page 9 Planning Commission October 3,2002 Commissioner SNOW commented that this could be discrimination against people who don't have a garage or can't afford the license. Commissioner PLUMMER commented that he does not believe RV's should ever be parked in a front yard. 9. NEW BUSINESS There was no new business to come before the Commission 10. COMMISSION REPORTS There were no Commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 12. ADJOURNMENT It was moved by Commissioner McNAMEE and seconded by Commissioner COLLINS to adjourn the meeting at 10:30 p.m. The motion passed unanimously. (J t~~t~ .~.~?q POll ;-- ,on, Ch.., V ~~~. cretary Planning Commission October 3, 2002 Page 10