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HomeMy WebLinkAbout06/03/1999U01"RIGINAL CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting June 3,1999 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair BRINKMAN at 7:30 p.m. on June 3, 1999, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: Commission Members Present: Anne Brinkman Jerry Collins Dick Doyle Dean Gokey Don MacDougall Nancy Snow Janice Thompson Staff Members Present: Alan White, Planning Director Meredith Reckert, Sr. Planner Gerald Dahl, City Attorney Ann Lazzeri, Secretary 3. PLEDGE OF ALLEGIANCE The following is the official set of Planning Commission minutes for the public hearing of June 3, 1999. 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. APPROVAL OF ORDER OF THE AGENDA Commissioner SNOW moved and Commissioner MACDOUGALL seconded to approve the order of the agenda. The motion passed by a vote of 7-0. 5. APPROVAL OF MINUTES Commissioner SNOW moved and Commissioner MACDOUGALL seconded to approve the minutes of the May 6, 1999 meeting as presented. The motion passed by a vote of 7-0. Commissioner SNOW moved and Commissioner DOYLE seconded to approve the minutes of the May 20, 1999 meeting as presented. The motion passed by a vote of 4-0 with Commissioners GOKEY, BRINKMAN, and MACDOUGALL abstaining. 6. PUBLIC FORUM There was no one signed up to speak before the Commission. Planning Commission Minutes Page 1 June 3, 1999 7. PUBLIC HEARING A. Case No. MS-99-03: An application filed by BHB Partnership requesting a two-lot minor subdivision on property, located at 3825 and 3845 Pierson Court and 11125 West 38th Avenue. The property is currently zoned Residential-One. The case was presented by Meredith Reckert. She reviewed the staff report and presented slides and overheads of the subject property. All pertinent documents were entered into the record and accepted by Chair BRINKMAN. She advised the Commission that there was jurisdiction to hear this case. In conclusion, she stated that the applicant is resubdividing three parcels into two as a Second Filing of Applewood Village Estates Subdivision. Staff concluded that all minimum requirements of the R-1 zone district regulations and subdivision regulations had been met and, therefore, a recommendation of approval was given. At the request of Commissioner SNOW, Ms. Reckert clarified the access points and the easements associated with the property. The applicants were present at the hearing but did not wish to speak. Bob Repp 11111 West 38th Avenue Mr. Repp was sworn in by Chair BRINKMAN. In a matter unrelated to the application, he stated that he owns property adjacent to the subject parcel. Since the subdivision has been built, he has had a drainage problem on his property. The water from the subdivision drains down onto his property. Ms. Reckert advised him to contact the city public works department in regard to this situation. Commissioner THOMPSON asked if drainage problems would be increased when new development occurs on the subject property. Ms. Reckert replied that drainage problems should not increase and pointed out that an addendum to the original drainage report will be submitted for review and approval and this problem will be brought to staff's attention at that time. It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON that Case No. MS-99-03, a request by BHB for approval of a two-lot minor subdivision for property located at 3825 and 3845 Pierson Court and 11125 West 38th Avenue be approved for the following reasons: 1. All minimums of the R-1 zone district regulations have been exceeded. 2. All requirements of the Subdivision Regulations have been met. Planning Commission Minutes Page June 3, 1999 With the following condition: That an addendum to the previous drainage report be approved prior to issuance of a building permit and that it consider the drainage problem at the corner of Pierson and 38th that was discussed this evening. The motion passed by a vote of 7-0. 8. STUDY SESSION Chair BRINKMAN closed the public hearing and adjourned the meeting to a study session. Case No. WCA-99-03: An application by the City of Wheat Ridge to review and adopt revisions to Chapter 3: Adult Entertainment Regulations of the City of Wheat Ridge Code of Laws. Gerald Dahl, City Attorney, reviewed the draft adult use regulations amendments. The proposed ordinance repeals the existing regulations in their entirety and replaces them with the proposed regulations. He explained that the city cannot practice discretionary zoning because of rights of free speech afforded under the First Amendment. A city must have some commercially zoned areas that are available for this use in order to defend possible litigation. Commissioner SNOW expressed concern about the agricultural land in the north area and asked if the 1000 foot rule applied to agricultural properties. Mr. Dahl replied that the net effect of other restrictions in the ordinance would make this a non-issue. Chair BRINKMAN expressed concern about any land being rezoned to C-1. Commissioner THOMPSON stated that if a family is living on agriculturally zoned property they need to have the same protection as someone living in a residentially zoned area and suggested that the ordinance might be amended to read: "a lot zoned for residential use, or used residentially". She expressed concern about transitional residential situations and commented that the Comprehensive Plan needs to be studied in this regard. Commissioner THOMPSON asked whether a building which constituted a nonconforming use could be rebuilt if it were destroyed. Mr. Dahl replied that this question is addressed on page 27 of the ordinance. Mr. White commented that if more than 50% of the building is destroyed, it cannot be rebuilt. Commissioner SNOW asked the staff to review definitions of recreational uses, both public and private, to make sure that the ordinance addresses all situations that the ordinance is intended to cover. Planning Commission Minutes Page 3 June 3, 1999 Commissioner THOMPSON asked if the ordinance specifically addressed bestiality. Mr. Dahl replied that it does not but he would include it under "Specified Sexual Activities - C" on page 8. Chair BRINKMAN stated that she supports freedom of speech. She asked if the ordinance applies to plays or rock concerts that include sexual acts. Mr. Dahl replied that these are one- time events and are not covered under this ordinance. He also noted that there is nothing to prevent someone from taking a minor to such events. Commissioner SNOW asked if it would be impossible to prove "for sexual arousal, gratification or abuse" and suggested that perhaps this portion should be removed from the ordinance. Mr. Dahl stated that he felt it was a necessary part of the ordinance. Commissioner GOKEY asked if it would be possible to put an age limit (such as 85 years of age) on attendance at these types of establishment much the same way as there is an age limit of 21 years for drinking alcohol. Mr. Dahl replied that drinking alcohol is not a constitutionally protected right; however free speech is protected under the constitution. He further stated that it is his goal to make sure the restrictions put in place will work if they are challenged in court. Commissioner GOKEY asked if it would be possible to only allow these businesses in areas that don't have a high visibility. Mr. Dahl replied that these types of restrictions tend to fail in litigation because the courts sense that the intention of the ordinance is not to locate the business within constraints that protect the public but sense, instead, that those ordinances were designed to exclude use from the city. (Chair BRINKMAN declared a recess at 9:05 p.m. The meeting was reconvened at 9:25 P.M.) Mr. Dahl advised the Commission that he requested the City Council to adopt an ordinance, on an emergency basis, to establish a moratorium on adult oriented businesses until August 13 to give opportunity to get this ordinance adopted. He stated that the ordinance will be revised according to comments received at this Planning Commission meeting as well as comments received from staff before going to Council on first reading. Commissioner THOMPSON expressed concern that long-established businesses can leave and open the door for these types of businesses. She also referred to page 18 and asked how the city can legislate activities such as off-premises prostitution and hold the owner of the nearby establishment responsible. Mr. Dahl explained that it works the same way as the liquor laws. It is up to the owner of the establishment to call the police if they are aware any illegal activities in or around their business. Planning Commission Minutes Page 4 June 3, 1999 Commissioner THOMPSON referred to page 26, item D, regarding secondary signs and requested that wording regarding photographs, silhouettes, etc. be added to the requirements for secondary signs. Commissioner SNOW expressed concern that if an owner calls the police in the event of an illegal activity it would be counted against him and, if he doesn't report it, he is also in violation. Mr. Dahl explained that it is more favorable to the owner of an establishment to call the police when they see a disturbance because it indicates that the owner is attempting to comply with the law. Commissioner SNOW referred to page 22.and asked the purpose of posting the price of food and drink. Mr. Dahl explained that this is to prevent overcharging the customers for drinks when they are sitting with an entertainer and purchasing a drink for that entertainer. Commissioner SNOW asked if the ordinance contained any language concerning how a customer pays for food and drink. Mr. Dahl replied that this situation is addressed on page 22 which says anyone serving food or drink has to be in a clothed state. Commissioner SNOW suggested that customers should be required to pay at a cash register. Commissioner THOMPSON asked why the city manager and planning director are responsible for licensing, etc. Mr. Dahl replied that the courts see this regulation as an administrative function because it relates to freedom of speech allowed under the first amendment. Commissioner SNOW asked if the city could hire an administrative law judge for these cases. Mr. Dahl replied that this could be done. Commissioner GOKEY suggested reviewing similar ordinances from other cities. Mr. Dahl replied that he is a member of the CML sexually oriented businesses task force which is comprised of city attorneys from around the state whose cities have these types of businesses, have problems with these types of businesses who have recently enacted or are in the process of enacting such ordinances. He stated that this ordinance is a product of surveys conducted by the CML task force. Chair BRINKMAN referred to page 28 and asked if Mr. Dahl was planning to change the 180 day requirement to 60 days. Mr. Dahl replied that he would make that change. Chair BRINKMAN referred to page 18, item 7, and asked if a business is shut down for 60 days because of items contained under 3.150, could they be shut down for good because they are not conforming for 60 days. Mr. Dahl replied that he would reword this section for clarification. In response to a question from Chair BRINKMAN, Mr. Dahl replied that page 28 would be amended to read "Jefferson County Health Department" instead of "county health commissioner." Commissioner THOMPSON commented that the sexually oriented business are gravitating to cities that don't have strong ordinances. Planning Commission Minutes June 3, 1999 Commissioner COLLINS commended Mr. Dahl for his efforts in drafting this ordinance. 9. OLD BUSINESS There was no old business to discuss. 10. NEW BUSINESS There was no new business to discuss. 11. ADJOURNMENT It was moved by Commissioner THOMPSON and seconded by Commissioner GOKEY to adjourn the meeting at 10:00 p.m. The motion passed by a vote of 7-0. aj, ANNE BRINKMAN, Chair Ann Lazzeri, Recofd g Secretary C:\Barbera\PCRPTS\PLANGCOM\PCMRJUTE\1999\990603.wpd Planning Commission Minutes Page 6 June 3, 1999