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HomeMy WebLinkAbout02/17/2011.� City of Wheat�d¢ PLANNING COMMISSION Minutes of Meeting February 17,2011 1. 01 3. 4. 5. CALL THE MEETING TO ORDER The meeting was called to order by Chair MATTHEWS at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29"' Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Alan Bucknam Marc Dietrick John Dwyer Dick Matthews Scott Ohm George Pond Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Anne Brinkman Steve Timms Ken Johnstone, Community Development Director Sarah Showalter, Planner II Lauren Mikulak, Planner I Dan Brennan, Chief of Police Chris Price, City Attorney's Office Ann Lazzeri, Recording Secretary APPROVE THE ORDER OF THE AGENDA It was moved by Commissioner DWYER and seconded by Commissioner BUCKNAM to approve the order of the agenda as printed. The motion carried 6 -0. APPROVAL OF MINUTES — January 20, 2011 It was moved by Commissioner OHM and seconded by Commissioner BUCKNAM to approve the minutes of January 20, 2011 with the following amendment: The motion on page 7 should read as follows: It was moved by Planning Commission Minutes 1 February 17, 2011 Commissioner DWYER and seconded by Commissioner POND to recommend approval of Case No's. WZ -10 -08 and MS- 10 -04, a request for approval of a Final Development Plan amendment and a 3 -lot re- subdivision for property zoned Planned Industrial Development and located at 5130 Parfet Street. The motion carried 5 -0 with Commissioner BUCKNAM abstaining. 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) No members of the public wished to speak at this time. 7. PUBLIC HEARING A. Case No. ZOA- 09 -06: An ordinance amending Chapter 26 concerning medical marijuana dispensaries. This case was presented by Ken Johnstone. He reviewed the staff report and invited questions from the Commission. The only specific change being proposed to Chapter 26 is to establish in what zone districts each of the three different types of medical marijuana establishments can be located. The ordinance proposes that "medical marijuana centers ", "medical marijuana - infused products manufacturers" and "optional premises cultivation operation" all be allowed to locate in Commercial One (C -1) and Industrial (I) zone districts. Commissioner BUCKNAM asked if the 1000 foot buffer would apply to schools, etc. located in a neighboring jurisdiction. Mr. Johnstone replied that staff has been looking into this. The city attorney believes the ordinance would require considering locations in adjacent jurisdictions. Commissioner BUCKNAM asked about the reasoning behind the requirement for 3 /4 mile radius around existing establishments. Mr. Johnstone replied that Council believed that was a good way to limit the number of establishments in the city. Commissioner BUCKNAM suggested setting a limit to the number of establishments allowed. Mr. Johnstone commented that this was done with the number of billboards allowed in the city. Commissioner OHM asked if the proposed separations would affect the two existing dispensaries. Mr. Johnstone explained that if they do not meet the requirements, they would become legally nonconforming. The House Bill gives city's the right to declare them illegal, however, the ordinance does not take that approach so far. Commissioner OHM asked if the' /4 mile radius is "as the crow flies." Mr. Johnstone replied that the' /4 mile requirement would be a straight line radius. Planning Commission Minutes 2 February 17, 2011 In reply to a question from Commissioner POND, Mr. Johnstone stated that all home occupation regulations would apply to medical marijuana home occupations. Commissioner DWYER asked the difference between a dispensary and a pharmacy. Chief Brennan explained that pharmacies are regulated by state and federal governments and dispense medicines that require prescriptions from medical doctors. Medical marijuana simply requires a verification from a doctor. The federal government does not recognize marijuana as a medical drug but rather a Schedule One substance. There is one marijuana product that can be prescribed in a pharmacy, Marinol, a pill form of cannabis. In response to a question from Commissioner DWYER regarding the restriction to Commercial and Industrial zones. Chris Price explained that a recommendation to limit zones is because of the vertical integration model included in the ordinance. If the cultivation operation has to be contiguous with a retail outlet and retail outlets are allowed in every area that pharmacies are allowed, you would be bringing in an industrial use into those zones. Commissioner BUCKNAM asked what the safety concerns were with transporting marijuana. Chief Brennan explained there was concern about robberies and other issues. The vertical integration model allows for the grow operation to be on the same site as the operation. It would be difficult for law enforcement to track the products if they are purchased in one area and sold in another. It also makes sure that the drug sold is not associated with a drug cartel or other criminal enterprise. The model also controls the size and capacity of any operation. There are environmental concerns associated with large grow operations, building code concerns, hazardous material concerns, and concerns about air quality. Commissioner BUCKNAM asked about criminal activities associated with growing marijuana at the same place it is sold. Chief Brennan explained that theft could occur wherever marijuana is grown. Problems that have been experienced so far with primary caregiver growers have been burglary, trespass and neighborhood complaints about outdoor grow operations. Some of these problems will be alleviated with requiring primary caregivers to grow marijuana indoors. He also expressed concern about home invasion robberies. In response to a question from Commissioner DIETRICK, Chief Brennan explained that Colorado State law requires a dispensary to grow 70% of the product that they sell. The remaining 30% may be purchased from another licensed grow operation. The two businesses currently operating in the city are not vertically integrated. He also explained that the City of Denver does not have a vertically integrated model; however, Lakewood is utilizing that model. Planning Commission Minutes 3 February 17, 2011 Commissioner MATTHEWS asked if marijuana in excess of the 70% required to be grown at the dispensary could be purchased in other jurisdictions. Chair Brennan stated that the answer to this will require research. Commissioner MATTHEWS asked if a greenhouse is considered to be "inside." Sarah Showalter explained that home occupation regulations would allow growing marijuana in a greenhouse. Commissioner MATTHEWS asked in what order applications will be processed. Mr. Johnstone explained they will be processed in chronological order. He commented that the lottery system used with billboards would probably not work in this case. Chair MATTHEWS opened the public hearing. Chuck Wharton Mr. Wharton and his partner, Diane McKindley, own a medical marijuana dispensary in Wheat Ridge. He spoke in favor of the ordinance. He was in favor of the vertical integration model that requires a dispensary to grow 70% of its marijuana and stated that he would not be going to a provider for the remaining 30% because he can provide 100% of all of his patients' needs. Further, the requirements for transportation are quite cumbersome. He commented that he can control the quality by growing his own marijuana. Commissioner OHM expressed concern about the safety of grow operations in residential neighborhoods. Commissioner BUCKNAM was in favor of indoor growing restrictions. He asked if indoor grow operations in a residence would have to meet the same regulations as any home occupation. For example, will there be a requirement for kitchen, bathroom, etc. to prevent a house from being used solely as a "grow" house. Ken Johnstone commented that there is a series of regulations in place that would address these concerns. Commissioner DWYER commented that he feels it is important to be consistent with the way other businesses are regulated. Commissioner BUCKNAM stated that he would like to ensure that the 1000 foot buffer will apply to schools, etc. in adjacent municipalities. Commissioner OHM stated he was in favor of the C -I and Industrial uses; however, he stated his opposition to uses in any residential zone district. It was moved by Commissioner POND and seconded by Commissioner DWYER to recommend approval of an ordinance amending Article 11 of the Wheat Ridge Code of Laws by adding a new Article XII concerning medical Planning Commission Minutes 4 February 17, 2011 marijuana as it pertains to Chapter 26 of the City of Wheat Ridge Code of Laws, for the following reasons: 1. The ordinance provides a reasonable approach to managing medical marijuana establishments, consistent with the Colorado Constitution and applicable state laws. 2. The ordinance allows these establishments to be located in a limited range of appropriate commercial/industrial zoning districts. 3. The ordinance limits the potential impacts from these establishments in residential areas by subjecting them to home occupation regulations. The motion carried 5 -1 with Commissioner OHM opposed and Commissioners BRINKMAN and TIMMS absent. It was moved by Commissioner DWYER and seconded by Commissioner DWYER to recess the meeting for a brief period. The motion carried 6 -0. (The meeting was recessed at 8:12 p.m. and reconvened at 8:21 p.m.) B. Case No. ZOA- 10 -05: An ordinance amending Chapter 26 pertaining to the adoption of the Streetscape Design Manual. The case was presented by Sarah Showalter. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff recommended approval of the ordinance. The amendment would promote quality development and clarify and simplify the development process. It will also help to fulfill goals outlined in Chapter 6 of Envision Wheat Ridge, the City's Comprehensive Plan. Further, the new manual will help the City create attractive, high - quality streets that improve the image and character of Wheat Ridge. Commissioner OHM referred to page 28 and suggested that the wording should be changed from "tree grate openings shall be no more than' /4 inch in width" to "tree grate openings shall comply with ADA regulations." Ms. Showalter agreed with this amendment. Commissioner OHM suggested another amendment on page 36 to require that drip irrigation be used in all non -turf areas consisting of either subsurface or micro- spray. Ms. Showalter stated these requirements were developed in conjunction with the Parks staff and she will check with them before making a change. Commissioner OHM asked that consideration be given to adding a statement that says: "Turf areas less than 6 feet in width shall be irrigated with subsurface to Planning Commission Minutes 5 February 17, 2011 avoid overspray onto pavement." Ms. Showalter stated that she will check with the Parks staff on this change also. Commissioner OHM stated that the manual is well done. Commissioner MATTHEWS noted that page 47 shows serviceberry shrubs as high water use and page 52 shows them as low water use. Ms. Showalter explained that the first reference is from the Garden Centers of Colorado. The second reference is from the Parks department. She will research to determine which one is correct. There were no members of the public present to address the Commission. The public hearing was closed. It was moved by Commissioner DWYER and seconded by Commissioner OHM to recommend approval of the proposed ordinance amending Chapter 26 pertaining to adoption of the Streetscape Design Manual with the following amendments: 1. Strike the following language on page 28: "tree grate openings shall be no more than' /4 inch in width" and replace with the following language: "tree grate openings shall comply with ADA regulations." The motion carried 6 -0 with Commissioners BRINKMAN and TIMMS absent. C. Case No. ZOA- 11 -01: An ordinance amending Chapter 26 concerning residential dumpster regulations. This case was presented by Lauren Mikulak. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. The proposed code amendment changes the maximum allowed dumpster size to reflect current industry standards. Commissioner DWYER commented that it didn't seem necessary to change the 1.5 cubic yard requirement for residential structures on agriculturally zoned properties because 1.5 is still a viable option. It was moved by Commissioner BUCKNAM and seconded by Commissioner DYWER to approve the proposed ordinance amending Section 614 of Chapter 26 concerning residential dumpster regulations. With the following amendment: Planning Commission Minutes 6 February 17, 2011 1. Regarding residential structures on agriculturally zoned properties, do not change the existing language in the code. The motion carried 6 -0 with Commissioners BRINKMAN and TIMMS absent. a OTHERITEMS 38` Avenue Corridor Plan Meetings — Sarah Showalter reported that the first stakeholder committee meeting will be held on March 10, 2011. The first public meeting will be held at 6:30 p.m. on March 15, 2011 at Wheat Ridge Middle School. Wheat Ridge Retail Road Show — Ken Johnstone reported that the Alliance Subcommittee of the International Council of Shopping Centers will bring a panel of experts to the City of Wheat Ridge to give their assessments about Wheat Ridge from a retailer /developer perspective. This panel will be held for public and private sector representatives at city hall on Wednesday, February 23, at 5:30 p.m. ADJOURNMENT Prior to making his last motion as a member of the Planning Commission, Commissioner DWYER stated that it was a pleasure to work with fellow Commission members and he was pleased with the direction Wheat Ridge is taking. It was moved by Commissioner DWYER and seconded by Commissioner POND to adjourn the meeting at 8:53 p.m. The motion carried 6 -0. Effie . Ann Lazzeri, Secret "y Planning Commission Minutes 7 February 17, 2011