File Photo by Philip B. Poston/Sentinel Colorado
AURORA | Aurora lawmakers this week gave initial approval to a plan to limit the number of businesses in Aurora that some say pose health and safety risks to neighborhoods.
The measure to restrict distances between so-called “socioeconomic impact” businesses passed on first reading during the Sept. 14 city council meeting.
For months, lawmakers have consistently supported the idea that restricting businesses such as vape stores, pawn shops, convenience stores and others from concentrating closely would reduce crime, blight and draw more desirable businesses.
The proposal calls for at least 300 feet between the restricted business types, which would effectively prevent multiple targeted businesses in most strip malls and retail centers. If approved, it would preclude, for example, a liquor store from being closer than 300 feet from a vape shop.
Two restricted businesses of the same type would have to be at least 2,000 feet apart, according to the proposal, further limiting concentrations of businesses like vape shops.
The proposal was sponsored by Councilmember Alison Coombs, who said the intention is to encourage diversity in business types and deter crime in high-risk areas.
“The purpose of this is to improve the retail mix in neighborhoods within the city,” Coombs said, helping to draw a wider variety of types of businesses, especially in poorer neighborhoods.
The proposal won the support of most of the council, including conservatives, who agreed that the proliferation of certain kinds of businesses can create a predatory environment in poor neighborhoods.
Previous city councils have been split in supporting the proposal, though the divide has not been partisan, with past concerns focused on over-regulation by local government, impacts on small businesses and the potential for gentrification.
The lone no vote on Monday was conservative Councilmember Curtis Gardner, who has said previously the plan infringes on free market principles.
The proposal targets vape and smoke shops, pawnshops and second-hand buyers, check-cashing businesses, cannabis dispensaries, liquor stores and extended-occupancy motels. Convenience stores that sell age-restricted items are also included, as well as bars, hookah lounges and event spaces that operate after midnight in high-risk areas.
Exceptions to a proposed 500-feet required distance affecting convenience stores would be those who sell additional groceries — linked to SNAP approval because they must offer a wider variety of more nutritious foods than just packaged snacks — according to an approved amendment to the plan adopted with the first approval.
Large grocery stores that also sell liquor and tobacco products and specialty secondhand stores are also exempt from the distance regulation.
The measure, if approved on final reading, would not impact existing businesses, nor would it affect existing businesses if they are sold to someone else, Coombs said.
If an established targeted business leaves a vacancy, the proposal would allow a landlord to lease to the same kind of business — but only within six months, according to the proposed regulations.
There are also specific restrictions for extended-occupancy motels that would require 1,000 feet of distance from any other targeted business and a restriction on any of the targeted businesses from locating in a blighted or mostly vacant retail center.
Permits would cost businesses $138 and be good for two years. The city estimates there to be 350 permit holders. The revenue from permits will pay for a $24,000 per year risk terrain modeling software, which identifies environmental factors contributing to crime.
Risk terrain modeling shows some businesses attract police calls for a variety of issues and crimes. By limiting the concentration of those businesses, cities hope to reduce the need for police activity and profiling people who patronize them as possible suspects.
The permits can be revoked for a pattern of neglect, public nuisance violations and closing for more than six months. The city hopes to encourage businesses to implement environmental elements to deter crime, such as lighting, landscaping and fencing.