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HomeMy WebLinkAbout11/21/2002 CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting November 21, 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., November 21,2002, in the City Council Chambers ofthe Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Commission Members Present: Paulette Cooper John McMillin Marian McNamee Phil Plummer Nancy Snow Paula Weisz Kevin Witt Staff Members Present: Alan White, Planning Director Meredith Reckert, Sr. Planner Ann Lazzeri, Recording Secretary 3. PLEDGE OF ALLEGIANCE Following is the official set of Planning Commission minutes for the public hearing of November 21, 2002. A set ofthese 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 McNAMEE to approve the order of the agenda. The motion passed 7-0. 5. APPROVE MINUTES - November 7, 2002 The November 7, 2002 minutes will be considered at the next Planning Commission. 6. PUBLIC FORUM There were none present to address the Commission during this portion of the meeting. A. Case No. MS-02-06: Application filed by Herb Fightmaster for approval of a 3-lot minor subdivision plat with dedication on property zoned Residential-Three (R-3), located at 11641 and 11661 West 44th Avenue and 4455 Simms Street. 7. PUBLIC HEARING Planning Commission November 21, 2002 Page 1 This case was presented by Meredith Reckert. She entered all pertinent documents into the record which were accepted by Chair WEISZ and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff recommended approval of the case for reasons outlined in the staff report. Commissioner SNOW asked if staff contacted the ditch company. Ms. Reckert and the applicant explained that the ditches on the property are lateral ditches and therefore, permission from the ditch company is not required. Herbert Fightmaster 11641 West 44th Avenue Mr. Fightmaster, the applicant, was sworn in by Chair WEISZ. In response to a question from Commissioner SNOW about water, he explained that lot 1 has city water, lot 2 is on a well, and a tap is available for lot 3. Kent Young 11280 West 46th Avenue Mr. Young was sworn in by Chair WEISZ. He inquired about the sale of lot 3 and asked what could be developed there. Ms. Recker! replied that the lot is zoned R-3 which would allow 18 dwelling units. Mr. Young expressed concern about the saturation of this area. He would like to see development limited to two or three duplexes. Commissioner SNOW explained that the land is zoned R-3 and the owner can build as many units as the law allows in this zoning district. It was moved by Commissioner PLUMMER and seconded by Commissioner SNOW to recommend approval of Case No. MS-02-06, a request for approval of a three-lot subdivision on R-3 zoned property located at 11661 West 44th Avenue, 11641 West 44th Avenue and 4455 Simms Street, for the following reasons: 1. All minimum requirements of the R-3 development standards have been met or exceeded. 2. All minimum requirements of the Subdivision Regulations have been met. With the following conditions: 1. A signature block for the chairman of the Planning Commission be added to the drawing. 2. At the time of building permit, the developer of Lot 3 contribute cash in lieu of land dedication for parks and recreation purposes. The motion passed 7-0. B. Case No. ZOA-02-06: Ordinances amending Section 26-204 of the Wheat Ridge Code of Laws pertaining to changes to the Table of Uses for the Commercial and Industrial Districts regarding psychic advisors and pawn shops. Planning Commission November 21, 2002 Page 2 Alan White presented this case beginning with "psychic advisors/' a term devised to define palm reading and psychic reading businesses. Since this hearing was continued with no date certain, the hearing was republished. He reviewed the staff report that contained information earlier requested by the Commission. There are five establishments in the city. Police activity associated with these businesses has been minimal. Surrounding municipalities generally allow these uses in commercial districts and do not require special use processes. Commissioner SNOW expressed concern about the definition of "psychic advisors" in that it could conflict with licensed counseling services, etc. Chair WEISZ asked to hear from members of the public. Catherine Webster 4000 Jay Street Ms. Webster is proprietor for the Psychic Center of the Rockies. She expressed concern about the vagueness of the ordinance and wondered what would happen to her business. Commissioner McMILLIN asked Ms. Webster if she felt the psychic advisor business was growing. Ms. Webster replied that popularity of these businesses vary, but seem to be at the height of fashion at the present time. She did comment, however, that she has seen several of these establishments go out of business lately. Robert McGhee 5940 West 38th Avenue Mr. McGhee requested that existing businesses be left alone and grandfathered in. Commissioner McNAMEE questioned the intent of the ordinance and whether there was a problem or just a perceived problem. She read the following statement into the record: If we require a special use process in order to protect all of our citizens from potential harm, whether monetary, physical or simply mental duress, then [ suggest we also make all of the following businesses special uses as [feel they actually hold a higher risk of damaging our populace: attorneys, doctors, dentists, psychiatrists, accountants, banks, loan offices, finance offices, stockbrokers, adult entertainment establishments, government offices, pharmacies, grocery stores, private clubs, bingo parlors, motorcycle sales, taverns, nightclubs, lounges, bars, restaurants, liquor stores, tobacco stores, sporting good stores and, last but not least, guns, weapons and ammunition sales. She stated her point was that it is impossible to protect everyone from possible harm. Further, the state already has laws to protect at-risk adults and prohibiting fraud and theft. Commissioner COOPER agreed with Commissioner McNAMEE. Commissioner McMILLIN commented that the silence of the public over this issue during the two public hearings is deafening and is persuasive that there is no perceived problem with these types of businesses among the general public. It was moved by Commissioner McMILLIN and seconded by Commissioner COOPER that Planning Commission recommend no change to current regulations except to add Page 3 Planning Commission November 21,2002 these businesses as permitted uses in all commercial districts except Neighborhood Commercial with no grandfathering needed and with no spacing requirements. Commissioner McNAMEE offered a friendly amendment to add to the definition of "psychic advisor" the following words "not to include state licensed counseling professionals." This was accepted by Commissioners McMILLIN and COOPER. The motion passed 7-0. Alan White presented the pawn shop portion of this case. He reviewed the staffreport which included information previously requested by the Commission. Commissioner SNOW expressed her concern about the high interest charged (up to 240% a year) by pawn shops. She made a request for the city attorney to look into whether or not the city is able to regulate the amount of interest charged. Alan White has contacted the city attorney who will research the matter. Commissioner McMILLIN asked Alan White what the prospects were for having more pawn shops locate in Wheat Ridge. Mr. White explained that there are five C-2 parcels in the city which could accommodate pawn shops and noted that pawn shops are subject to the special use process. He further stated there have been no new applications for pawn shops during the past five years in which he has worked for the city. David Fein 1075 S. Yukon #250, Lakewood Mr. Fein was sworn in by Chair WEISZ. Mr. Fein is an attorney representing EZ Pawn. He expressed EZ Pawn's opposition to any ordinance that would change their status. He stated that EZ Pawn generates over a million dollars in sales each year and pays taxes to the city. He stated that pawn shops and the interest rates they charge are heavily regulated by the state and that EZ Pawn has a good relationship with Wheat Ridge police. He read from a study performed by Georgetown University that set forth the benefits of pawn shops. He did not believe that pawn shops are undesirable business nor do they attract undesirable people. Commissioner McMILLIN commented that people sometimes use pawn shops as a place to sell items rather than obtain loans. Commissioner McMILLIN referred to a triple murder that occurred several years ago in the store on Wadsworth and asked if anyone knew the motive for this crime. Commissioner SNOW stated that she recalled from newspaper accounts that the crime had nothing to do directly with the pawn shop business. Robert McGhee 5940 West 38th Avenue Mr. McGhee stated that he is a local merchant. He stated that when he was a contractor, he sometimes used pawn shops to pawn tools in order to make payroll. He stated that heavy state regulations prevent the use of pawn shops as places to dump stolen property. Page 4 Planning Commission November 21,2002 Matthew Bowman 5900 West 38th Avenue Mr. Bowman stated that he used the services of pawn shops when he was a college student. He explained that interest rates begin with 10% for thirty days and increase at a rate of 10% monthly up to a yearly rate of 120%. However, the pawn shops only hold the property for ninety days before it goes up for sale. Mr. Fein returned to the podium to ask if the city was still considering moving pawn shops to industrial districts. Commissioner SNOW explained the process up to this point. Itwas moved by Commissioner McNAMEE and seconded by Commissioner PLUMMER that the ordinance remain as it is and that a special use not be added to C-1. The motion passed 7-0. C. Case No. ZOA-02-07: Ordinances amending Section 26-222 of the Wheat Ridge Code of Laws concerning Streetscape Overlay District (SO). This case was presented by Meredith Reckert. She reviewed the staff report which recommended approval of the ordinance which would ease the negative effects of the present ordinance on potential small business projects. Following discussion by the Commission, Chair WEISZ asked to hear from members of the public. Robert McGhee 5940 West 38th Avenue He stated his belief that this ordinance would force all improvements onto the business owners. He asked for general standards for streetscaping and that expensive items, such as lampposts, be paid for by the city. He expressed concern that too much pressure on businesses to pay for improvements will force those businesses out of the city. It was moved by Commissioner McNAMEE and seconded by Commissioner PLUMMER that Case No. ZOA-02-07, proposed amendments to Section 26-222D, Streetscape Overlay District of the Wheat Ridge Code of Laws, be forwarded to City Council with a recommendation of approval for the following reasons: 1. A raised ceiling for application of the standards for installation of streets cape improvements may facilitate the expansion or improvement of small businesses. 2. There is currently no definition as to what "cost of improvements" includes. It is further recommended that City Council look at this overlay district ordinance in order to develop a cohesive plan for each corridor and that these requirements be triggered only on large scale redevelopment. Commissioner SNOW requested a friendly amendment that City Council also re-evaluate whether the current standards are achieving their purpose which is for local businesses to upgrade their properties. Planning Commission November 21,2002 Page 5 Commissioner McNAMEE accepted the friendly amendment. The motion passed 7-0. 8. OLD BUSINESS . Commissioner PLUMMER inquired about trees which were removed from the Phillips 66 and from the cabinet shop at 41 st and Kipling. Alan White replied that staff is looking into this matter and will initiation code enforcement. . Commissioner McMILLIN asked about the intensity oflight coming from the Phillips 66 station. Alan White explained that since the light bulb is visible from the property line, it is a violation of code. Code enforcement will also address this issue. . Meredith Reckert advised Commissioner McNAMEE that Foothills would receive a certified letter in the next few days regarding the pedestrian access to 47'h Place. The letter also expressed the city's concern about parking. 9. NEW BUSINESS Election of Planninl!: Commission Chair - It was moved by Commissioner McNAMEE and seconded by Commissioner SNOW that a recommendation be forwarded to City Council to change Planning Commission bylaws so that elections for chair and vice-chair are moved to coincide with new appointments to the Commission and that elections be held the first meeting after new appointments are made. The motion passed 7-0. It was moved by Commissioner McNAMEE and seconded by Commissioner PLUMMER that Paula Weisz continue as Chair and Nancy Snow continue as Vice Chair until new appointments are made to the Planning Commission. The motion passed 7-0. Commissioner McMILLIN asked when the position vacated by Jerry Collins would be filled. Commissioner McNAMEE stated that it was her understanding that City Council planned to wait to fill this position when all new appointments are made in March. 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 PLUMMER and seconded by Commissioner McNAMEE to adjourn the meeting at 9:25 p.m. The motion passed 7-0. P " ~! J '/ / . L1.~)}a~ Ann Lazzeri, ecording S ret' y Planning Commission November 21, 2002 Page 6