Erie Planning Commission Meeting - August 8, 2024

Note on date discrepancy: The meeting minutes list August 7, 2024, but the user-provided meeting date is August 8, 2024. This summary uses the user-provided date.

The Erie Planning Commission met on August 8, 2024, at 6:31 PM in Council Chambers, 645 Holbrook Street, Erie, CO. The meeting included a public hearing and vote on a resolution recommending a retail marijuana ordinance, a discussion on drive-through regulations, a legal best practices training, and a discussion on the biannual report to Town Council.

Consent Calendar

• Agenda Approval: Unanimously approved (5-0).
• Meeting Minutes (July 17, 2024): Unanimously approved (5-0).

Public Comments & Testimony

• No public comment was made during the public comments portion of the meeting.

Discussion Items

1. Retail Marijuana Ordinance (Resolution P24-12)

• Staff Presentation: Stephanie Pitts-Noggle (Economic Development Manager) and Amy Teetzel (Director of Administrative Services and Operations) presented the proposed ordinance to amend Title 10 of the Erie Municipal Code to allow retail marijuana sales. Key points:
  • Community surveys: In 2021, 59% supported ending the moratorium; in 2023, 67% supported ending the moratorium with an excise tax (27% opposed) and strict zoning (26% opposed). The 2023 poll was a representative sample of 904 residents.
  • Proposed excise tax: 5% (standard among nearby municipalities).
  • Store limit: maximum two stores, based on police and clerk capacity.
  • Zoning requirements:
    • Permitted by right in Community Commercial (CC), Regional Commercial (RC), and Business (B) districts.
    • 1,000 ft separation from any school (measured by pedestrian route).
    • 250 ft from residential zoning.
    • 1,000 ft between stores.
    • Maximum facility size: 5,000 sq ft.
    • Odor control and ventilation required.
  • Licensing: Requires state approval first, then local license with detailed application (business plan, security, sustainability, etc.). The ordinance will only take effect if the excise tax measure passes at the November 2024 ballot.
• Commissioner Discussion:
  • Commissioner Braudes asked about standard distances and confirmed the school definition includes daycare and private schools.
  • Commissioner Hemphill inquired about lighting, dark sky considerations, and whether the ordinance would be affected by the upcoming comprehensive plan. Also asked about the poll methodology (online and mail).
  • Commissioner Booth raised concerns about parks, community centers, and playgrounds not being included in separation requirements. She argued for adding a 500-ft buffer from parks to address public concerns and future land use changes.
  • Vice Chair Laws supported the 500-ft park/open space amendment, noting unintended consequences of developer manipulation. Suggested 500 ft.
  • Commissioner Braudes noted that most parks are within residential areas, already covered by the 250-ft residential buffer.
  • Chair Burns expressed concern about adding restrictions beyond alcohol and favored the ordinance as proposed.
• Key Outcomes:
  • Motion (Vice Chair Laws, seconded by Commissioner Booth): To recommend approval of the ordinance as presented with an amendment to add: "A Marijuana Business shall not be located less than 500 feet from any Park or Open Space measured from the property line using a route of direct pedestrian access."
  • Vote: 3-2 (Commissioners Braudes, Booth, Laws voted yes; Commissioners Hemphill and Burns voted no).
  • Commissioner Hemphill clarified he voted no because he agreed with the original proposal and opposed the amendment. Chair Burns also voted no for the same reason.
  • The resolution will be forwarded to Town Council for a public hearing on September 24, 2024.

2. Drive-through Regulations Discussion (Item 24-352)

• Staff Presentation: Kelly Driscoll (Planning Manager) and Sarah Nurmela (Director of Planning & Development) presented existing regulations and best practices. Current rules allow drive-throughs in all commercial and light industrial districts with stacking requirements (varying by use) and use-specific standards (e.g., 10-ft buffer from residential, orientation away from streets). Best practices discussed: floating zones, special review, separation requirements, frontage requirements, and pedestrian/bicycle safety.
• Commissioner Discussion:
  • Commissioner Hemphill favored eliminating stacking minimums to reduce pavement, allowing developers to determine queue length, and suggested special review for drive-throughs in community commercial and mixed-use areas. Also raised parking maximums.
  • Commissioner Braudes supported pervious materials for drive-through lanes.
  • Commissioner Booth proposed bike lanes or walk-up windows for drive-throughs, especially in neighborhood commercial areas, to encourage alternative modes.
  • Vice Chair Laws noted correlation between parking minimums and drive-through stacking, and warned of traffic spillover (e.g., In-N-Out on CO-36). He preferred flexible design review rather than rigid minimums.
  • Chair Burns emphasized preserving the character of different areas (e.g., highway-oriented vs. town centers) and supported overlays or special review to allow innovation.
  • Commissioners generally agreed that drive-through regulations should be revisited in the upcoming code update following adoption of the comprehensive plan.
• No formal motion or vote was taken; staff will use the discussion to inform future regulations.

3. Best Legal Practices Discussion (Item 24-353)

• Staff Presentation: Town Attorney Kunal Parikh reviewed the Planning Commission's quasi-judicial authority, emphasizing the need to base decisions on criteria and evidence, avoid ex parte communications, and maintain impartiality. Topics included:
  • Subjectivity of criteria like "public welfare" – can be used if tied to facts and code.
  • Role of staff recommendations: one factor among many, not determinative.
  • Commissioner Questions:
    • Commissioner Braudes asked if commissioners could vote based on moral objections if tied to criteria; attorney said yes, as long as explained on the record.
    • Commissioner Hemphill asked about continuances – allowed with specific reasons; can be used to gather more facts or seek legal advice. Executive sessions require prior noticing.
    • Commissioner Booth asked about recusal and abstention – requires a valid reason (e.g., conflict of interest); abstention only applies to that vote, not the entire meeting.
    • Chair Burns asked about handling disruptive public or applicants – can warn, ask to leave, and if they refuse, escalate.
• No vote was taken; the discussion was informational.

4. Planning Commission Biannual Report to Town Council (Item 24-360)

• Discussion: Chair Burns presented the draft report template (three slides: who we are, accomplishments, future goals). Commissioners agreed to include recent training initiatives (APA membership, conferences) and noted that the commission is gelling well. A draft will be reviewed at the August 21, 2024 meeting; the final report is due to Town Council by August 27, 2024, for presentation on September 10, 2024.

Key Outcomes

• Marijuana Ordinance: Resolution P24-12 passed 3-2 with an amendment adding 500-ft separation from parks/open spaces. The ordinance will be forwarded to Town Council for a public hearing on September 24, 2024. The ordinance will only take effect if the excise tax measure passes at the November 2024 election.
• Drive-through Regulations: Staff will incorporate commission feedback into future code updates; no formal action taken.
• Legal Best Practices: Commissioners received guidance and will apply criteria-based decision-making moving forward.
• Biannual Report: Draft to be prepared by Chair Burns and reviewed at the next meeting (August 21); final submission by August 27.
• Meeting Adjourned at 8:39 PM.