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City of
`� WheatRidge
PLANNING COMMISSION
Minutes of Meeting
August 20, 2020
CALL THE MEETING TO ORDER
The meeting was called to order by Vice Chair LARSON at 7:05 p.m. in the City Council
Chambers of the Municipal Building, 7500 West 291h Avenue, Wheat Ridge, Colorado.
ROLL CALL OF MEMBERS
Commission Members Present:
Commission Members Absent
Staff Members Present:
PLEDGE OF ALLEGIANCE
Melissa Antol
Kristine Disney
Will Kerns
Ari Krichiver
Daniel Larson
Janet Leo
Jahi Simbai
Scott Ohm
Lauren Mikulak, Planning Manager
Gerald Dahl, City Attorney
Tammy Odean, Recording Secretary
APPROVE ORDER OF THE AGENDA
It was moved by Commissioner SIMBAI and seconded by Commissioner LEO to
approve the order of the agenda. Motion carried 7-0.
5. APPROVAL OF MINUTES — None
PUBLIC FORUM (This is the time for any person to speak on any subject not appearing
on the agenda.)
No one wished to speak at this time.
Planning Commission Minutes
August 20, 2020
6. PUBLIC HEARING
A. Case No. ZOA-20-05: An ordinance making conforming amendments to Chapter
26 of the Code of Laws concerning massage businesses.
Mr. Dahl gave a short presentation regarding the ordinance concerning massage
businesses which will make a few conforming changes to Chapter 26. He
explained that City Council has adopted an ordinance making substantial
modifications to Chapter 11 and would like a recommendation from the Planning
Commission on the proposed Chapter 26 changes.
Commissioner KRICHIVER asked why the term Massage Business is not defined
is Chapter 26 and if it will be provided.
Mr. Dahl explained that it is defined in Chapter 11 in detail and it is not required to
be defined in Chapter 26.
Commissioner KRICHIVER asked why article 10 of Chapter 11 is reference in the
packet but appears vacant in the code of laws.
Mr. Dahl mentioned that the Article 10 in Chapter 11 is now quite lengthy with
many details and regulations. He added that what was vacant is now quite full.
(The online code has not yet been updated to reflect the Article 10 changes.)
Commissioner KERNS requested clarity on why the City wants to remove the titles
of Massage Therapist and Massage Therapy Center from the Code.
Mr. Dahl clarified the regulatory scheme in Chapter 11, Article 10 makes massage
businesses subject to these regulations with one term that encompasses all massage
related businesses. He added it is an exception in Chapter 26 home occupation
regulations because the State of Colorado licensing division still uses the term
massage therapist for individuals operating in the state.
Commissioner LARSON asked if there is a specific reason why the changes to
massage businesses in the code are happening now.
Mr. Dahl explained that regulating massage businesses has been a problem in the
City for a long time and it has been hard for the Police Department to regulate.
This ordinance provides better tools for the Police Department to address
longstanding problems.
Commissioner SIMBAI asked if the Planning Commission does not recommend
approval of the ordinance how this will affect Chapter 11.
Planning Commission Minutes -2—
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August 20, 2020
Mr. Dahl said that Chapter 11 is valid and is a charter provision and does not need
Chapter 26 to be harmonious. Massage businesses can still be uses by right and
have to go through rigorous licensing programs in Chapter 11.
Ms. Mikulak added that implementation will be the same regardless of whether
Chapter 26 is updated, but consistent terminology in both chapters helps with
internal communication.
Ms. Mikulak said there was no public comment.
It was moved by Commissioner DISNEY and seconded by Commissioner
LEO pursuant to the authority of the Commission in Code Section 26-122 to
recommend APPROVAL of conforming amendments to Code sections 26-123,
26-204, 26-613, and 26-1111, to identify massage businesses (rather than
massage therapists, massage parlors and massage therapy centers) for zone
district and home occupation purposes, to correct an identified error in
Section 26-123, and to make the Chapter 26 references to massage businesses
consistent with the regulation of the same in Chapter 11, as amended by
Council's Ordinance No. 1696.
Motion carried 7-0.
7. OLD BUSINESS
8. NEW BUSINESS
Ms. Mikulak let the Commissioners know there will not be a meeting on September 3,
2020, but there will be cases to be heard on September 17, 2020.
10. ADJOURNMENT
It was moved by Commissioner LEO and seconded by Commissioner DISNEY to
adjourn the meeting at 7:50 p.m.
Scott , Chair
Planning Commission Minutes
August 20, 2020
Motion carried 7-0.
Tammy Odea ecording Secretary
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