Call to Order
The special meeting of the Town of Kiowa Planning Commission was called to order at 6:02pm by Planning Commission Chairperson Wendy Frenzel.
Roll Call
Present: Chairperson Wendy Frenzel, Co-Chairperson Todd Lane, Commissioner Julie Mizak, Commissioner Shannon Lane, Commissioner Lori Rafferty, Commissioner Sandy Kalisch via Zoom, Town Trustee Terry Howard, Mayor Pro Tem Trevor Smith, Town Trustee Jonathan Shafer, and Town Trustee Baillie Wineland via Zoom.
Absent: Mayor Rick Kolm and Town Trustee Tammy Hart.
There was a quorum to conduct business.
Also present:
Kim Boyd, Town Administrator via Zoom
Sasha Davidson, Town Clerk
Ruth Borne, Town Counsel via Zoom
Public Comment
None.
Consent Items
Chairperson Frenzel entertained a motion to approve the agenda. Commissioner Mizak made a motion to approve the agenda. Co-Chairperson Lane seconded the motion, and the motion passed 6-0 with no discussion.
Chairperson Frenzel entertained a motion to approve the minutes of the September 18, 2024, meeting. CoChairperson Lane made a motion to approve the minutes. Commissioner Lane seconded the motion, and the motion passed 6-0 with no discussion.
New Business
- None
Old Business
- Business License
- Mexican Restaurant - Tacos and Tortas Selene, Inc. A presentation was made by the prospective restaurateurs and the building owner about opening a Mexican fast-food restaurant at 326 Comanche with a drive thru. The restaurateurs already own and operate three other Taco Selene restaurants in Colorado and have been in business for 23+ years. They do not serve alcohol so they will not be applying for a liquor license. The front of the building would be for dining and the back of the building would stay as caretaker apartments for their employees. The building owner has already had a plumber come out and determined that a grease trap could be installed to meet code for a restaurant. They received the "Best of Mile High" award last year for their food. Based on the size of the building, they believe that around 45 people could be seated in the restaurant, but the final decision will be made by the fire department. It was noted that the application needed to be resubmitted due to a typo on the address line of the business. Off street parking would be covered by the previous spots allotted to the bank and overflow at the spa's parking lot. The drive-thru would be the same as it was for the bank. Plans are set to paint the exterior and add some decor.
Chairperson Frenzel entertained a motion to approve the business and license of Tacos and Tortas Selene, Inc. to send to the Kiowa Town Board for their review and approval, on condition that the application be resubmitted with the correct business address. Commissioner Kalisch made the motion to approve and move the application to the Kiowa Town Board. Commissioner Rafferty seconded the motion, and the motion passed 6-0 with no discussion.
The Kiowa Town Board Trustees considered the action of approving the business and license of Tacos and Tortes Selene Inc. Mayor Pro Tem Smith made the motion to approve the business and license of Tacos and Tortas Selene, Inc. Town Trustee Shafer seconded the motion. A roll call vote was held:
Mayor Pro Tem Smith: AYE
Town Trustee Shafer: AYE
Town Trustee Howard: AYE
Town Trustee Wineland: AYE
The motion passed 4-0. - Work Session with Kiowa Planning Commission
310-312 Cheyenne Street-Re-Zoning to Multi-Family. The applicant did not appear at the meeting. After a brief discussion, Chairperson Frenzel entertained a motion to table the issue until November 20, 2024, meeting. Commissioner Mizak made the motion to table the issue until the November 20, 2024, meeting. Co-Chairperson Lane seconded the motion, and the motion passed 6-0 with no discussion.
- Mexican Restaurant - Tacos and Tortas Selene, Inc. A presentation was made by the prospective restaurateurs and the building owner about opening a Mexican fast-food restaurant at 326 Comanche with a drive thru. The restaurateurs already own and operate three other Taco Selene restaurants in Colorado and have been in business for 23+ years. They do not serve alcohol so they will not be applying for a liquor license. The front of the building would be for dining and the back of the building would stay as caretaker apartments for their employees. The building owner has already had a plumber come out and determined that a grease trap could be installed to meet code for a restaurant. They received the "Best of Mile High" award last year for their food. Based on the size of the building, they believe that around 45 people could be seated in the restaurant, but the final decision will be made by the fire department. It was noted that the application needed to be resubmitted due to a typo on the address line of the business. Off street parking would be covered by the previous spots allotted to the bank and overflow at the spa's parking lot. The drive-thru would be the same as it was for the bank. Plans are set to paint the exterior and add some decor.
Old Business
- Zoning Code Updates
- Tables of Uses for Non-residential Property-There was clarification of what "Town Center" meant as far as the boundary area and definition- from around Arapaho Street up the where the Lion's Club building stands on Highway 86 - "Old Town Center'' - it is an area meant for business and retail purposes and an economic development area. Caregiver operations were clarified to be approved instead of not allowed as was shown on the chart. There was discussion surrounding the idea of "grandfathering" businesses that already exist in Town Center which are shown as Special Review on the chart. Clarification was given that if a business that currently exists is sold, purchased and operated as the same business, it will be allowed to stay. If the business is sold and then pperated as a completely different business, then it would have to come under special review to be approved as the former business. There was discussion surrounding whether a fire station should be in the Town Center, and it was reasoned that the current fire station is outside Town Center now and that it really does not fit the use of that area and that it is still in a reasonable distance for all areas of town. Additionally, it was pointed out that there are a lot of houses that back up to Town Center and having a fire station there could be very disruptive with the sirens and noise. It was noted that there should be a change to the title of fire station to emergency services to encompass police, ambulance and emergency services and define it as such and to place it under "Special Review" instead of not permitted in case Town Center is expanded at some point. A question was brought up about the definition of wireless telecommunications equipment and it was noted that this needs to be defined by the state and included in the code. It was also brought up that there were a few revisions and additions that need to be made and could the Kiowa Town Board pass the ordinance with these not being completed yet. Ms. Borne stated that the Town Board could pass the ordinance subject to the amendments proposed to be completed before published depending on the number of changes being made. Discussion was held about churches being allowed in all areas versus only some areas. It was noted that churches cannot be banned but can be regulated in a town. Safety was a concern for some of the areas like Heavy Industrial having a church within its boundaries and what the town's role as caretakers is and discrimination potential. It was determined that churches have reasonable options within town at this time, but the option to change zoning at some point in the future is open if needed.
- Natural Medicine - Natural Medicine has been addressed by Elbert County, and we are adding language to our code to address the issue.
- Review of Definitions -Definitions that were added were: second dwelling unit, commercial - farming greenhouse, non-commercial farming greenhouse, riding academy, riding arena, dude ranch, sawmill, and water reservoir.
Chairperson Frenzel entertained a motion to forward the zoning code updates to the Kiowa Town Board with the following adjustments: changing fire station to emergency services and defining it as such and changing emergency services to an "S" for Town Center, and a definition added for wireless communications equipment based on Colorado State Code. Commissioner Kalisch made the motion to move the zoning code updates to the Kiowa Town Board with the amendments listed. Commissioner Mizak seconded the motion, and the motion passed 6-0 with no discussion.
Public Hearing
ORDINANCE NO. 13, SERIES 2024 - TOWN OF KIOWA COLORADO, AN ORDINANCE OF THE TOWN OF KIOWA, COLORADO, AMENDING THE TOWN OF KIOWA ZONING CODE, TABLE OF NON-RESIDENTIAL USES; GROUP HOMES, NATURAL MEDICINE AND MARIJUANA REGULATIONS IN THE TOWN OF KIOWA.
This ordinance was tabled at the regular scheduled meeting of the Board of Trustees held on October 8, 2024.
There was no discussion or public comment.
Mayor Pro Tem Smith entertained a motion to pass Ordinance No. 13, Series 2024 with the amendments put forth by the Planning Commission. Town Trustee Terry Howard made the motion to pass Ordinance No. 13, Series 2024 with said amendments. Town Trustee Jonathan Shafer seconded the motion. A roll call vote was held:
Mayor Pro Tem Smith: AYE
Town Trustee Shafer: AYE
Town Trustee Howard: AYE
Town Trustee Wineland: AYE
The motion passed 4-0.
Response to Elbert County Water Master Plan
Staff is seeking a motion from the board to develop a draft response to the Elbert County regarding the Water Master Plan.
Mayor Pro Tem Smith entertained a motion to have Ms. Borne draft a response to the Elbert County Water Master Plan. Town Trustee Howard made the motion to have the response drafted and Town Trustee Shafer seconded the motion, and the motion passed 4-0 with no discussion.
Correspondence/Information/Review/Discussion
None.
Adjourn
Chairperson Frenzel entertained a motion to adjourn the meeting. Commissioner Mizak made the motion to adjourn at 7:15pm. Commissioner Lane seconded the motion, and the motion passed 6-0 with no discussion.
The next regular meeting will be November 20, 2024, at Kiowa Town Hall at 6:00 p.m.