Call to Order
The regular meeting of the Town of Kiowa Planning Commission was called to order at 6:00pm by CoChairperson Todd Lane.
Roll Call
Present: Co-Chairperson Todd Lane, Commissioner Sandy Kalish, Commissioner Julie Mizak, Commissioner Shannon Lane, Town Trustee Tammy Hart, Commissioner Lori Rafferty and Town Trustee Terry Howard via Zoom
Absent: Chairperson Wendy Frenzel, Mayor Rick Kolm, and Mayor Pro Tern Trevor Smith.
There was a quorum to conduct business.
Also present:
Kim Boyd, Town Administrator
Sasha Davidson, Town Clerk
Ruth Borne, Attorney
Public Comment
None.
Consent Items
Co-Chairperson Todd Lane entertained a motion to approve the agenda. It was noted that there needed to be an addition for Chronic Violators - Code Enforcement Issues. Commissioner Julie Mizak made a motion to approve the agenda with the addition of the Code Violation Language to the agenda. Commissioner Sandy Kalisch seconded the motion, and the motion passed 5-0 with no discussion.
Administrator Boyd noted that the minutes from the previous meeting needed to be amended to add a summary of Joey Kuhn's public comment. Co-Chairperson Todd Lane made a motion to approve the minutes with the revision. Commissioner Sandy Kalisch seconded the motion, and the motion passed 5-0 with no discussion.
New Business
- Code Enforcement
- Article 4- Section TBD. After looking at the language of the code, Commissioner Julie Mizak noted that the wording should be changed from "will result" to "may result". After discussion amongst the board, it was agreed that this change should be made. It was also agreed that wording should be changed to "may result in a summons" instead of "will result in a mandatory summons". Commissioner Julie Mizak made a motion to accept the code enforcement language subject to legal review. Commissioner Sandy Kalisch seconded the motion, and the motion passed 5-0 with no discussion.
Old Business
- Update to Zoning Code - Chapter 16 - Changes to Article VI - Section 16.61 - Table of Uses - Nonresidential Zone Districts and Natural Medicine Clinics
- Natural Medicine Clinics - zoning of natural medicine clinics discussion was compared to medical marijuana dispensaries since they are similar businesses, and it was determined that they should be in the same zones in the code but have separate and distinct lines in the code. In addition, discussions about the definitions of dispensaries vs clinics were held and medical use vs recreational use were held. Trustee Terry Howard offered to reach out to a contact that deals with CDOT impairment and get information from him about codes and regulations. The board agreed that this would be helpful. The board agreed to table the zoning issue with marijuana and natural medicine until the next meeting. Co-Commissioner Todd Lane made a motion to table the topics of marijuana and natural medicine until the next meeting on September 18, 2024. Commissioner Julie Mizak seconded the motion, and the motion passed 5-0 with no discussion.
It was noted that the decisions that are made about the code today affect the town in the long term and hold future boards to them, so they need to be considered looking further down the road. - Non-residential Zone Districts - Additional discussions were held about which items under consideration under nonresidential zone districts should be allowed, under special review or not allowed. Each line item was attended to and a determination of its allowance was discussed and agreed upon by the board.
- Natural Medicine Clinics - zoning of natural medicine clinics discussion was compared to medical marijuana dispensaries since they are similar businesses, and it was determined that they should be in the same zones in the code but have separate and distinct lines in the code. In addition, discussions about the definitions of dispensaries vs clinics were held and medical use vs recreational use were held. Trustee Terry Howard offered to reach out to a contact that deals with CDOT impairment and get information from him about codes and regulations. The board agreed that this would be helpful. The board agreed to table the zoning issue with marijuana and natural medicine until the next meeting. Co-Commissioner Todd Lane made a motion to table the topics of marijuana and natural medicine until the next meeting on September 18, 2024. Commissioner Julie Mizak seconded the motion, and the motion passed 5-0 with no discussion.
Correspondence/Information/Review/Discussion
Commissioner Julie Mizak made note that at the next meeting Attorney Ruth Borne would come back with definitions, rules and clarifications of ordinances about medical and recreational marijuana and natural medicine sales, distribution, and cultivation to be added to the non-residential zone portion of the code and clarification/definition of residential dwelling unit that is being moved to the residential zone portion of the code.
Adjourn
Co-Commissioner Todd Lane made the motion to adjourn at 7:20 pm. Commissioner Sandy Kalisch seconded the motion, and the motion passed 5-0 with no discussion.
The next regular meeting will be on September 18, 2024, at Town Hall at 6:00 p.m.