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HomeMy WebLinkAboutZOA-06-03CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Goxex Council Bill No. 20-2006 Ordinance No. ,,,n Series of 2006 TITLE: AN ORDINANCE AMENDING SECTIONS 26-204 AND 26- 613 OF THE CODE OF LAWS TO INCLUDE MASSAGE THERAPY WHEREAS, the City of Wheat Ridge, acting through its City Council, has authority pursuant to Article XX of the Colorado Constitution, C.R.S. 31-23-101 at sew( , and the City's Home Rule Charter to regulate the use of land; and WHEREAS, such authority extends to the regulation of uses in the various zoning districts of the City; and WHEREAS, the Council has amended Chapter 11, Article X of the City's Code of Laws governing the practice of massage therapy; and WHEREAS, it is necessary to amend the City's zoning regulations to permit the practice of massage therapy in zone districts of the City under the restrictions of Chapter 11, Article X Section 1. Code Section 26.204 amended. Section 26-204 of the Code of Laws is amended by the addition of the following new line items in the Table of Uses for Commercial and Industrial Districts Table of Uses -Commercial and Industrial Districts Uses Notes NC RC C-1 C-2 I Massage therapist See Chapter 11, Article 10 Code p P P P P of Laws for additional restrictions Massage therapy center See Chapter 11, Article 10 Code P P P P P of Laws for additional restrictions Section 2. Code Section 26-613 amended. Subsection 26-613.A.11 of the Code of Laws Section 26-613 is hereby amended by re-numbering subparagraph "I' as "m" and by inserting new subparagraph "l," to read as follows Massage therapist, restricted to one practitioner, subject to the restrictions of Chapterl 1, Article X of the Code of Laws Section 3. Severability' Conflicting Ordinances Repeated. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 24th day of July , 2006, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for August 28 , 2006, at 7:00 o'clock p m , in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 0 , this 28th day of August , 2006 SIGNED by the Mayor on this 29th day of August 1 2006 J ryO,' ul o, Mayor ATTEST: Pam Anderson, City Clerk Approved As To Form C u Gerald E. Dahl, City Attorney First Publication. July 27, 2006 Second Publication. August 31, 2006 Wheat Ridge Transcript Effective Date, September 15, 2006 CITY COUNCIL MINUTES: August 28, 2006 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 19-2006 - AN ORDINANCE AMENDING SECTION 26- 623 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING EXCAVATION AND DEPOSIT CONTROL. Mayor DiTullio opened the public hearing Council Bill 19-2006 was introduced on second reading by Mr Gokey. City Clerk Pamela Anderson read the executive summary and assigned Ordinance No 1369. City Council questions and discussion followed. Mayor DiTullio closed the public hearing Motion by Mr Gokey to approve Council Bill 19-2006 (Ordinance No 1369) on second reading and that it take effect 15 days after final publication; seconded by Mr Womble, carried 7-0 Item 3. COUNCIL BILL 20-2006 - AN ORDINANCE AMENDING SECTIONS 26- 204 AND 26-613 OF THE CODE OF LAWS TO INCLUDE MASSAGE THERAPY Mayor DiTullio opened the public hearing Council Bill 20-2006 was introduced on second reading by Mr Gokey. City Clerk Pamela Anderson read the executive summary and assigned Ordinance No 1370. Mayor DiTullio closed the public hearing Motion by Mr Gokey to approve Council Bill 20-2006 (Ordinance No. 1370) on second d(\ reading and that it take effect 15 days after final publication, seconded by Mrs Sang; j carried 7-0 ORDINANCES ON FIRST READING Item 4. Rocky Mountain Bottling a RESOLUTION 40-2006 -FINDING A PETITION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTIONS 15 AND 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), COLORADO REVISED STATUTES AND SETTING A HEARING DATE TO CONSIDER THE ANNEXATION. Resolution 40-2006 was introduced by Mr Schulz and he read the executive summary. ITEM NO: OF WHEgT ~ a m REQUEST FOR CITY COUNCIL ACTION ~~I ORADO COUNCIL MEETING DATE: August 28, 2006 TITLE: COUNCIL BILL 20-2006, AN ORDINANCE AMENDING SECTIONS 26-204 AND 26-613 OF THE WHEAT RIDGE CODE OF LAWS TO INCLUDE MASSAGE THERAPY (CASE NO. ZOA 06- 03) ® PUBLIC HEARING ❑ ORDINANCES FOR I ST READING (Date: July 24, 2006) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No yi~_ &L Community Development Director City Manager EXECUTIVE SUMMARY: City Council has recently adopted licensing requirements for massage therapy practices and centers. In Chapter 26 (Zoning and Development Code) massage therapy is not listed in the table of uses for commercial zone districts. The use has been interpreted to be similar (in impact, character, etc.) to "hair, nail, and cosmetic services." Adoption of new licensing requirements should be accompanied by inclusion of the use in Chapter 26 to eliminate any confusion about the use being allowed or not. The proposed changes to Chapter 26 do two things: 1) list massage therapy and massage therapy centers in the use chart as permitted uses in all commercial and industrial zone districts, and 2) include massage therapy as a permitted home occupation. Both changes refer to Chapter 11 for additional requirements. Planning Commission recommended approval of the proposed ordinance. This item helps implement the City's goal of preparing for growth and opportunities by clearly defining development standards which includes uses allowed in a particular zone district. COMMISSION/BOARD RECOMMENDATION: Planning Commission heard this item on July 20, 2006 and recommended approval. STATEMENT OF THE ISSUES: The massage therapy profession has emerged as a valid form of alternative health care promoted by traditional medical providers. Massage therapy professionals are recognized as caregivers who contribute to the health and well-being of individuals. Massage therapy is recognized as a legitimate business with formal education and professional organizations similar to those for other professions. This use needs to be included in the list of uses in the commercial zone districts to eliminate confusion of whether it is allowed or not. As a use in a commercial zone district or as a home occupation, the licensing requirements recently adopted by Council will apply and the use chart directs readers to Article X of Chapter 11 for those additional requirements. ALTERNATIVES CONSIDERED: 1. Do not allow the use in all commercial and industrial zone districts. 2. Allow as a special use in certain zone districts. 3. Do not allow as a home occupation. Massage therapy centers are appropriate uses in all commercial and industrial zone districts. Massage therapy is an appropriate home occupation when limited to one practitioner. Making the uses a special use would be burdensome and would serve no purpose which the newly adopted licensing requirements do not serve. FINANCIAL IMPACT: There is no financial impact to the City by adopting this ordinance. RECOMMENDED MOTION: " I move to approve Council Bill 20-2006 on second reading and that it take effect 15 days after final publication." Report Prepared by: Alan White, Community Development Director Attachments: 1. Planning Commission Memorandum 2. Council Bill 20-2006 City of Wheat Ridge DE WHEgT p Community Development Department Memorandum c~~ORA00 TO: Planning Commission FROM: Alan White, Community Development Director SUBJECT: Case NO. ZOA 06-03 DATE: July 12, 2006 This Case is ❑ Quasi-Judicial 21 Legislative The City's current code concerning massage parlors and massage therapy practice is based on State statute which was written when massage was a novelty often associated with prostitution. The massage therapy profession has since emerged as a valid form of alternative health care promoted by traditional medical providers. Massage therapy professionals are recognized as caregivers who contribute to the health and well-being of individuals. Massage therapy is recognized as a legitimate business with formal education and professional organizations similar to those for other professions. Licensing requirements have been adopted recently by Council in a new Article X of Chapter 11 of the Code of Laws. In Chapter 26 massage therapy is not listed in the table of uses for commercial zone districts. The use has been interpreted to be similar (in impact, character, etc.) to "hair, nail, and cosmetic services." Adoption of new licensing requirements should be accompanied by inclusion in Chapter 26 to eliminate any confusion about the use being allowed or not. The proposed changes to Chapter 26 do two things: 1) list massage therapy and massage therapy centers in the use chart for commercial zone districts, and 2) include massage therapy as a permitted home occupation. Both changes refer to Chapter 11 for additional requirements. SUGGESTEED MOTION: "I move to recommend approval of Case No. ZOA 06-03 concerning the practice of massage therapy." ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 20-2006 Ordinance No. Series of 2006 TITLE: AN ORDINANCE AMENDING SECTIONS 26-204 AND 26-613 OF THE CODE OF LAWS TO INCLUDE MASSAGE THERAPY WHEREAS, the City of Wheat Ridge, acting through its City Council, has authority pursuant to Article XX of the Colorado Constitution, C.R.S. 31-23-101 et sue., and the City's Home Rule Charter to regulate the use of land; and WHEREAS, such authority extends to the regulation of uses in the various zoning districts of the City; and WHEREAS, the Council has amended Chapter 11, Article X of the City's Code of Laws governing the practice of massage therapy; and WHEREAS, it is necessary to amend the City's zoning regulations to permit the practice of massage therapy in zone districts of the City under the restrictions of Chapter 11, Article X. Section 1. Code Section 26-204 amended. Section 26-204 of the Code of Laws is amended by the addition of the following new line items in the Table of Uses for Commercial and Industrial Districts: Table of Uses -Commercial and Industrial Districts Uses Notes NC RC C-1 C-2 1 Massage therapist See Chapter 11, Article 10 Code P P P P P of Laws for additional restrictions Massage therapy center See Chapter 11, Article 10 Code P P P P P of Laws for additional restrictions Section 2. Code Section 26-613 amended. Subsection 26-613.A.11 of the Code of Laws Section 26-613 is hereby amended by re-numbering subparagraph "I" as "m" and by inserting new subparagraph "I," to read as follows: ATTACHMENT 2 Section 3. Severability' Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 24th day of July_, 2006, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2006, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by vote of to , this day of 2006. SIGNED by the Mayor on this day of 2006. Jerry DiTullio, Mayor ATTEST: Pam Anderson, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: aF w„EqT ITEM NO: Pc REQUEST FOR CITY COUNCIL ACTION CO~ORA00 O COUNCIL MEETING DATE: July 24, 2006 TITLE: COUNCIL BILL 20-20069 AN ORDINANCE AMENDING SECTIONS 26-204 AND 26-613 OF THE WHEAT RIDGE CODE OF LAWS TO INCLUDE MASSAGE THERAPY (CASE NO. ZOA 06- 03) ❑ PUBLIC HEARING ® ORDINANCES FOR 1 ST READING (Date: July 24, 2006) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No Community Development Director EXECUTIVE SUMMARY: City Manager City Council has recently adopted licensing requirements for massage therapy practices and centers. In Chapter 26 (Zoning and Development Code) massage therapy is not listed in the table of uses for commercial zone districts. The use has been interpreted to be similar (in impact, character, etc.) to "hair, nail, and cosmetic services." Adoption of new licensing requirements should be accompanied by inclusion of the use in Chapter 26 to eliminate any confusion about the use being allowed or not. The proposed changes to Chapter 26 do two things: 1) list massage therapy and massage therapy centers in the use chart as permitted uses in all commercial and industrial zone districts, and 2) include massage therapy as a permitted home occupation. Both changes refer to Chapter 11 for additional requirements. This item helps implement the City's goal of preparing for growth and opportunities by clearly defining development standards which includes uses allowed in a particular zone district. COMMISSION/BOARD RECOMMENDATION: Planning Commission will be hearing this item on July 20, 2006. STATEMENT OF THE ISSUES: The massage therapy profession has emerged as a valid form of alternative health care promoted by traditional medical providers. Massage therapy professionals are recognized as caregivers who contribute to the health and well-being of individuals. Massage therapy is recognized as a legitimate business with formal education and professional organizations similar to those for other professions. This use needs to be included in the list of uses in the commercial zone districts to eliminate confusion of whether it is allowed or not. As a use in a commercial zone district or as a home occupation, the licensing requirements recently adopted by Council will apply and the use chart directs readers to Article X of Chapter 11 for those additional requirements. ALTERNATIVES CONSIDERED: 1. Do not allow the use in all commercial and industrial zone districts. 2. Allow as a special use in certain zone districts. 3. Do not allow as a home occupation. Massage therapy centers are appropriate uses in all commercial and industrial zone districts. Massage therapy is an appropriate home occupation when limited to one practitioner. Making the uses a special use would be burdensome and would serve no purpose which the newly adopted licensing requirements do not serve. FINANCIAL IMPACT: There is no financial impact to the City by adopting this ordinance. "I move to approve Council Bill 20-2006 on first reading, order it published, public hearing set for Monday, August 28, 2006 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication." Report Prepared by: Alan White, Community Development Director Reviewed by: Attachments: 1. Planning Commission Memorandum 2. Council Bill 20-2006 City of Wheat Ridge of WHEgTP Community Development Department m Memorandum c~~ORA~~ TO: Planning Commission FROM: Alan White, Community Development Director SUBJECT: Case NO. ZOA 06-03 DATE: July 12, 2006 This Case is ❑ Quasi-Judicial Q Legislative The City's current code concerning massage parlors and massage therapy practice is based on State statute which was written when massage was a novelty often associated with prostitution. The massage therapy profession has since emerged as a valid form of alternative health care promoted by traditional medical providers. Massage therapy professionals are recognized as caregivers who contribute to the health and well-being of individuals. Massage therapy is recognized as a legitimate business with formal education and professional organizations similar to those for other professions. Licensing requirements have been adopted recently by Council in a new Article X of Chapter 11 of the Code of Laws. In Chapter 26 massage therapy is not listed in the table of uses for commercial zone districts. The use has been interpreted to be similar (in impact, character, etc.) to "hair, nail, and cosmetic services." Adoption of new licensing requirements should be accompanied by inclusion in Chapter 26 to eliminate any confusion about the use being allowed or not. The proposed changes to Chapter 26 do two things: 1) list massage therapy and massage therapy centers in the use chart for commercial zone districts, and 2) include massage therapy as a permitted home occupation. Both changes refer to Chapter 11 for additional requirements. SUGGESTEED MOTION: "I move to recommend approval of Case No. ZOA 06-03 concerning the practice of massage therapy." ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 20-2006 Ordinance No. Series of 2006 TITLE: AN ORDINANCE AMENDING SECTIONS 26-204 AND 26-613 OF THE CODE OF LAWS TO INCLUDE MASSAGE THERAPY WHEREAS, the City of Wheat Ridge, acting through its City Council, has authority pursuant to Article XX of the Colorado Constitution, C.R.S. 31-23-101 et seg., and the City's Home Rule Charter to regulate the use of land; and WHEREAS, such authority extends to the regulation of uses in the various zoning districts of the City; and WHEREAS, the Council has amended Chapter 11, Article X of the City's Code of Laws governing the practice of massage therapy; and WHEREAS, it is necessary to amend the City's zoning regulations to permit the practice of massage therapy in zone districts of the City under the restrictions of Chapter 11, Article X. Section 1. Code Section 26-204 amended. Section 26-204 of the Code of Laws is amended by the addition of the following new line items in the Table of Uses for Commercial and Industrial Districts: Table of Uses -Commercial and Industrial Districts Uses Notes NC RC C-1 C-2 I Massage therapist See Chapter 11, Article 10 Code P P P P P of Laws for additional restrictions Massage therapy center See Chapter 11, Article 10 Code P P P P P of Laws for additional restrictions Section 2. Code Section 26-613 amended. Subsection 26-613.A.11 of the Code of Laws Section 26-613 is hereby amended by re-numbering subparagraph "I" as "m" and by inserting new subparagraph "I," to read as follows: ATTACHMENT 2 Massage therapist, restricted to one practitioner, subject to the restrictions of Chapterl 1, Article X of the Code of Laws. Section 3. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2006, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2006, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 12006. SIGNED by the Mayor on this day of 2006. Jerry DiTullio, Mayor ATTEST: Pam Anderson, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: M URRAv DAHL KUEGH EN MEISTER RENAUG LLP 2 2401 15th Street Suite 200 Denver, Colorado S0202 Phone 303.493-6670 Fax 303,4-7,0965 MEMORANDUM TO: Carmen Beery FROM: Gerald Dahl DATE: May 15, 2006 RE: Massage Ordinance: Inserts Add the following to the title: "...AND, IN CONNECTION THEREWITH, AMENDING SECTION 26-204 (ZONE DISTRICT USE SCHEDULE) ACCORDINGLY" Section . Code Section 26-204 Amended. Section 26-204 of the Code of Laws is amended by the following new line item The Table of Uses for Commercial and Industrial Districts: Table of Uses -Commercial and Industrial Districts Uses Notes NC RC C-1 C-2 I Massage therapist See Chapter 11, Article 10 Code P P P P P of Laws for additional restrictions Massage therapy center See Chapter 11, Article 10 Code P P P P P of Laws for additional restrictions Section Code S JThe ble of Use addi 'on of lin item for denti ) at Code Sec 'on 26-2 4 is amended by e e ther gist, to real as follows: TahIP f I Icac-RPCiciPntial Uses N / R-1 R-1A R 18 R-1C R-2 R-2 R-3 RSA M ssage 2 s a home occupation pursu nt to the teitft t ed T erapist t j ro at Section 26-613 only. Se Chapt 11, dividu of this Code for additional restr ions v v v - Section . Code Section 26-613 Amended to Permit massage therapist as home occupation. Subsection 26-613.A.11 is hereby amended by re-numbering subparagraph " I" as "m" and by inserting new subparagraph "I," to read as follows: Massage therapist, restricted to one practitioner, subject to the restrictions of Chapter 11, Article 10 of the Code of Laws. 2. All technical requirements and corrections to the plat document be made prior to City Council. The motion carried 8-0. C. Case No. ZOA-06-02: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning Excavation and Deposit Control. This case was presented by Alan White. He entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. Staff recommended approval of the ordinance for reasons outlined in the staff report. The proposed ordinance would eliminate an inconsistency in the Code by deleting references to Planning Commission and City Council hearings regarding requirements for obtaining special use approval for excavation and deposition of fill material. The proposed ordinance refers to Section 26-114 for the requirements for a special use. There were no members of the public present to address this case. It was moved by Commissioner STEWART and seconded by Commissioner McMILLIN to recommend approval of Case No. ZOA-06- 02, an ordinance amending Chapter 26-623 of the Wheat Ridge Code of Laws concerning Excavation and Deposit Control. The motion carried 8-0. D. Case No. ZOA-06-03: An ordinance amending Chapter 26 of the sY Wheat Ridge Code of Laws pertaining to Massage Therapy. This case was presented by Alan White. He entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. Staff recommended approval of the ordinance for reasons outlined in the staff report. The proposed changes would list massage therapy and massage therapy centers in the use chart for commercial zone districts and would include massage therapy as a permitted home occupation. There were no members of the public present to address this case. It was moved by Commissioner McMILLIN and seconded by Commissioner CHILVERS to approve Case No. ZOA-06-03, an ordinance amending Sections 26-204 and 26-613 of the Wheat Ridge Code of Laws to include massage therapy. Planning Commission July 20, 2006 -4- 8. 9. 10. 11. 12. The motion carried 8-0. OLD BUSINESS There was no old business to come before the Commission. NEW BUSINESS There was no new business to come before the Commission. COMMISSION REPORTS There were no Commission reports. COMMITTEE AND DEPARTMENT REPORTS There were no committee and department reports. ADJOURNMENT It was moved by Commissioner PLUMMER and seconded by Commissioner STEWART to adjourn the meeting at 7:48 p.m. Scott Wesley, Chair Ann Lazzeri, Secretary Planning Commission July 20, 2006 -5 - City of Wheat Ridge of ""EqT P Community Development Department Memorandum ~o~oRao~ TO: Planning Commission FROM: Alan White, Community Development Director nl~i I SUBJECT: Case NO. ZOA 06-03 ~~JJ DATE: April 28, 2005 This Case is ❑ Quasi-Judicial Q Legislative The City's current code concerning massage parlors and massage therapy practice is based on State statute which was written when massage was a novelty often associated with prostitution. The massage therapy profession has since emerged as a valid form of alternative health care promoted by traditional medical providers. Massage therapy professionals are recognized as caregivers who contribute to the health and well-being of individuals. Massage therapy is recognized as a legitimate ,kxsiHess with formal education and professional organizations similar to those for other professions. =upu, Licensing requirements have been adopted recently by Council in a new Article X of Chapter 11 of the Code of Laws. CeAJUS DVt In Chapter 26 massage therapy not listed in the table of uses for commercial zone districts. The use has been interpreted to be similar (in impact, character, etc.) to "hair, nail, and cosmetic services." Adoption of new licensing requirements should be accompanied by inclusion din Chapter 26 to eliminate any confusion about the use being allowed or not. r lL u~~ The proposed changes to Chapter 26 do two things: 1) list massage therapy and massage therapy centers in the use chartcommercial zone districts, and 2) includ4massage therapy as a permitted home occupation. Both hanges refer to Chapter 11 for... additional requirements. OhL SUGGESTEEDMOTION: 05 IJl r*daAcr "I move to recommend approval of Case No. ZOA 06-03 concerning the practice of massage therapy." City of Wheat Ridge oF WHEqr Community Development Department ` ° U m Memorandum ~~<oRpo~ TO: Planning Commission FROM: Alan White, Community Development Director SUBJECT: Case NO. ZOA 06-03 DATE: July 12, 2006 This Case is ❑ Quasi-7udicial El Legislative The City's current code concerning massage parlors and massage therapy practice is based on State statute which was written when massage was a novelty often associated with prostitution. The massage therapy profession has since emerged as a valid form of alternative health care promoted by traditional medical providers. Massage therapy professionals are recognized as caregivers who contribute to the health and well-being of individuals. Massage therapy is recognized as a legitimate business with formal education and professional organizations similaz to those for other professions. Licensing requirements have been adopted recently by Council in a new Article X of Chapter 11 of the Code of Laws. In Chapter 26 massage therapy is not listed in the table of uses for commercial zone districts. The use has been interpreted to be similar (in impact, chazacter, etc.) to "hair, nail, and cosmetic services." Adoption of new licensing requirements should be accompanied by inclusion in Chapter 26 to eliminate any confusion about the use being allowed or not. The proposed changes to Chapter 26 do two things: 1) list massage therapy and massage therapy centers in the use chart for commercial zone districts, and 2) include massage therapy as a permitted home occupation. Both changes refer to Chapter 11 for additional requirements. SUGGESTEED MOTION: "I move to recommend approval of Case No. ZOA 06-03 concerning the practice of massage therapy." CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2006 TITLE: AN ORDINANCE CONCERNING THE PRACTICE OF MASSAGE THERAPY, AND IN CONNECTION THEREWITH, AMENDING SECTIONS 26-204 AND 26-213 OF THE CODE OF LAWS WHEREAS, the City of Wheat Ridge, acting through its City Council, has authority pursuant to Article XX of the Colorado Constitution, C.R.S. 31-23-101 et seg., and the City's Home Rule Charter to regulate the use of land; and WHEREAS, such authority extends to the regulation of uses in the various zoning districts of the City; and WHEREAS, the Council has amended Chapter 11, Article X of the City's Code of Laws governing the practice of massage therapy; and WHEREAS, it is necessary to amend the City's zoning regulations to permit the practice of massage therapy in zone districts of the City under the restrictions of Chapter 11, Article X. Section 1. Code Section 26-204 amended. Section 26-204 of the Code of Laws is amended by the addition of the following new line items in the Table of Uses for Commercial and Industrial Districts: Table of Uses -Commercial and Industrial Districts Uses Notes NC RC C-1 C-2 I Massage therapist See Chapter 11, Article 10 Code P P P P P of Laws for additional restrictions Massage therapy center See Chapter 11, Article 10 Code P P P P P of Laws for additional restrictions Section 2. Code Section 26-613 amended. Subsection 26-613.A.11 of the Code of Laws Section 26-613 is hereby amended by re-numbering subparagraph "I" as "m" and by inserting new subparagraph "I," to read as follows: Massage therapist, restricted to one practitioner, subject to the restrictions of Chapter11, Article X of the Code of Laws. Section 3. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2006, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2006, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by vote of to , this day of 2006. SIGNED by the Mayor on this day of 2006. Jerry DiTullio, Mayor ATTEST: Pam Anderson, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on July 20, 2006, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29`h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following cases shall be heard: Case No. ZOA-06-02: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning Excavation and Deposit Control. Case No. ZOA-06-03: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to Massage Therapy. Kathy Field, Administrative Assistant ATTEST: Pamela Y. Anderson, City Clerk To Be Published: Wheat Ridge Transcript Date: July 13, 2006 Case No.: OA0603 Quarter Section Map No.: App: Last Name: Citywide Related Cases: App: First Name: Case History: mend code pertaining to Owner: Last Name: Massage Therapy... I Owner: First Name: App Address: r- Review Body: PC: 7120/06 City, State Zip: App: Phone: APN: Owner Address: - 2nd Review Body: C City/State/Zip: 2nd Review Date: Owner Phone: ~ - Decision-making Body: CC Project Address: Approval/Denial Date: I Street Name: City/State, Zip: Reso/Ordinance No.: Case Disposition: Conditions of Approval: District: I Project Planner: kite File Location: ctive Date Received: 6/9/2006 Notes: -Up: Follow Pre-App Date: i3o~a B`a9e '1