Regional Development

Center (Hearing Room)

2880 International Circle

City of Colorado Springs

Meeting Minutes - Final

Planning Commission

Wednesday, August 28, 2024

9:00 AM

2880 International Cir., 2nd Floor, Hearing Room

1. Call to Order and Roll Call

7 -

Present:

Vice Chair Foos, Commissioner Hensler, Commissioner Rickett, Chair Slattery,

Commissioner Robbins, Commissioner Sipilovic and Commissioner Casey

1 - Commissioner Cecil

Absent:

1 - Commissioner Briggs

Excused:

2. Changes to Agenda/Postponements

3. Communications

Kevin Walker - Interim Planning Director

4. Approval of the Minutes

5. Consent Calendar

6. Items Called Off Consent Calendar

7. Unfinished Business

UDC Code Amendment

24-397

7.A.

An Ordinance amending City Code Section 7.3.303.F

(Marijuana-Related Services) of the Unified Development Code of

the City of Colorado Springs. (Legislative)

Presenter:

Kevin Walker, Interim Director, Planning and Neighborhood Services

Attachments: Draft Ordinance to City Council CAO Approved

Staff Report - RMS Council Ordinance Referral v3

UDC 7.5.702 Text changes

UDC 7.3.303 Marijuana-Related Uses

Charter Amendment

Statement of Insufficiency

MMC_Facilities_One_Mile_Seperation_Map8_24v2

2024 Presentation_ 8.28.24

City Council Draft Minutes

CPC_Minutes_8.14.24 DRAFT

CPC_Minutes_8.28.24 DRAFT

Letter_Adinoff Opposition CS City Council ban on adult use sales

Public Comments Combined

Kevin Walker, Interim Planning Director, reminded the Commissioners that

this item along with the language and testimony from the applicant was

introduced to the City Planning Commission on August 14, 2024. He gave

a brief overview of the Ordinance which is to add a section regarding the

distances from potential retail marijuana stores to other land uses inside

the city. This has not changed since it was originally presented. Mr.

Walker stated that the current context has changed since this item was

presented. He stated that City Council placed a Charter Amendment on

the ballot for November which will ban recreational marijuana sales in the

City. The City Clerk’s office has certified the signatures on the initiated

ordinance to allow recreational marijuana sales at medical marijuana

licensed locations in the City, which will also appear on the ballot in

November. He stated that if they both pass, the Charter Amendment will

trump the Ordinance and nullify it and sales will be banned if they both

pass. He stated in response to the request from the Commissioners at the

meeting on August 14, 2024, a map was prepared locating the current

licensed medical marijuana locations and schools, along with a list of the

UDC references of separation requirements. He stated that the proposal

meets the criteria set forth by the UDC and that process requires that City

Planning Commission hear this and refer it to City Council on September

10, 2024.

Commissioner Comments:

Commissioner Rickett asked what would happen if both ballot initiatives

fail. Mr. Walker said the status quo would remain and recreational sales

are banned in the City. Commissioner Rickett asked if the Ordinance is

approved by City Council and, in a year from now they go for open

recreational marijuana sales, then there would be limited spaces within the

City where that can happen. Mr. Walker said that is correct, if the

Ordinance is adopted then the restriction will be a part of the code. Any

change in recreational sales in the future will be subject to that change.

Commissioner Casey said the staff report indicates that the zoning

restrictions are for retail marijuana stores and asked if it would be the

same for medical marijuana or be decided by City Council using the zoning

restrictions as shown in table 7.3.2, the use table.

Mr. Walker stated that the initiating Ordinance is very extensive in terms of

where they are located and if they are co-located with any licensed medical

marijuana facility. The Ordinance would require the locations be in the

proper zone and locations. Commissioner Casey asked if the map

indicates direct line distances of one mile. Mr. Walker said yes.

Commissioner Casey stated that the proposed change uses the term

“using a route of pedestrian access” which could be different. Mr. Walker

said it would be different and it is a representation of that.

Commissioner Rickett said in the City Council minutes there is an

Ordinance amending section 303.3.3 and Chapter 7 and asked if this was

the entire amendment or are there other parts to the Ordinance. Mr.

Walker stated this was the entire Amendment as shown in the staff report

and he does not anticipate any clean up.

Public Comment:

Allison Dodge, Julie Deifaldt, and Council Member Lynette Crow-Iverson

ceded their time to Henny Lasley. Henny Lasley, Co-Founder and

Executive Director of One Change to Grow Up, gave a presentation on the

impact of marijuana on children in schools within Colorado. Mrs. Lasley

presented various marijuana statistics. One statistic showed 55% of new

users are underage and others included vulnerable family and child health

comparisons.

She provided a map of Denver showing the locations of dispensaries in

relation to where kids are most impacted. She spoke about data provided

from the American Public Health Association in 2021 regarding cannabis

availability. These included location outlets in poor and minority

communities, times of day for increased crime within the immediate vicinity

of the stores. She presented a billboard that is being actively used in

Denver for education. She showed statistics on THC potency in Colorado

and the issues it causes, such as sleep issues, addiction, depression,

anxiety, psychosis, and suicide. She also showed products being sold in

Denver that seem to be marketed to children with various packaging,

coloring and flavoring. High potency THC, over 15% has three times the

increased risk of psychosis and daily use has five times the increased risk

of psychosis. She stated that 93% of products in Colorado, Washington

and Oregon are over 15% of THC. She showed public health statements

regarding adolescent marijuana use from the Colorado Department of

Public Health and Environment website and they use these statements in

their social media posts to help inform parents. She presented statistics

from the Colorado Violent Death Reporting System on teen suicide

showing that marijuana is the number one substance found in toxicology

reports among fifteen- to nineteen-year-olds and communities of colors

have been more impacted. She concluded that One Chance to Grow up

has done a good job in the state bringing down youth numbers.

Commissioner Comments:

Vice-Chair Foos asked if the proposed one-mile restriction will eliminate

opportunity for recreational marijuana in the future. Mr. Walker referred to

the map stating the majority of the land that is development inside City

limits is in blue which would make it difficult to find a location. There are

locations within City limits, thousands of acres on the eastern, northern and

southern edges of the City where there could be locations.

Commissioner Rickett asked why are we doing this. Mr. Walker said the

answer could be found in the minutes of the City Council meeting on July

22, 2024. He said the technical reason is that City Council asked that City

Planning Commission review the item.

Commissioner Hensler asked if the one mile were to be approved, would it

impact existing businesses or if the medical facilities would be impacted if

it changed to recreational. Mr. Walker stated that the initiated Ordinance is

the one allowing the retail sales of recreational marijuana, not the Charter

Amendment. It does not impact any current medical marijuana or new

licenses or locations that may be proposed relative to medical marijuana.

It is a restriction to recreational sales, which by initiated Ordinance would

only be allowed if it is co-located with medical marijuana licensed

locations.

Commissioner Hensler said if someone owned a medical marijuana

location and then wanted to add recreational marijuana to the business,

currently there would be a 1,000 foot restriction to the business. and If the

one-mile Ordinance passes, then recreational marijuana could not be sold

if it were less than one mile, but medical marijuana could be sold. Mr.

Walker confirmed.

Commissioner Casey asked if the existing licensee of the medical

marijuana facility could move somewhere that is a mile distance and

re-establish the business as medical and retail. Mr. Walker said they can if

they meet the code requirements for medical marijuana.

Commissioner Rickett stated he understands the issue with kids and to

continue to work on the state level on policy changes such as restrictions

on the strength of THC, however the issue has no bearing on this

Ordinance. Recreational marijuana cannot be sold to kids or anyone under

the age of 21. The issue is with the black market. Commissioner Rickett

said he would have liked to ask the District Attorney how many arrests have

been made for distribution to minors in the last ten years since it has been

legalized in the state and in Colorado Springs. He fully supports helping

children and trying to reduce THC levels, however it will end up on the black

market, and has no relationship to recreational marijuana. He referred to

the map stating that the land has been pushed to the military bases and

does not see the advantage of the Ordinance. He said it is not going to

stop the black market and this Ordinance does not address the real issue

which is getting it out of the hands of the kids.

Commissioner Casey said the Unified Development Code states a

medical marijuana center cannot be closer than 1,000 feet of another

medical marijuana center. He stated that it does not appear that there are

distance requirements for retail marijuana and asked if there could be an

issue with clustering of those businesses.

Mr. Walker said that could be a possibility, however, the only idea on the

table for recreational sales inside City limits is to co-locate with a medical

marijuana location which would have a 1,000 foot requirement between the

two locations. Commissioner Casey asked if a medical marijuana facility

wanted to sell recreationally, but they were within a mile from a school and

wanted to relocate to a vicinity such as the Ford Amphitheater which is

within a mile walking distance, they could move there and sell medical and

retail marijuana at that location. Mr. Walker said they would still need to

obtain their license and be in the proper zone while meeting the distance

requirements in the code.

Commissioner Robbins asked if the Ordinance passes and requires

recreational marijuana to be sold at medical marijuana location, would it

reduce the number of recreational facilities that are available. Mr. Walker

said there are currently no recreational marijuana facilities inside City

limits. Commissioner Robbins asked if this opens the door for future

recreational marijuana to be sold at other locations, stating it seems that

availability is being added. Mr. Walker said the map shows the medical

marijuana locations within the City limits is covered by a blue dot.

Commissioner Robbins asked if there was a want to add recreational

marijuana to those locations. Mr. Walker said no, the initiated Ordinance is

requesting that medical marijuana locations be allowed to co-locate,

however, that is not what this proposal does. This proposal restricts

recreational marijuana sales within the one-mile area. Commissioner

Robbins said he sees this as a way of opening the door for recreational

marijuana down the road and is concerned about it. Mr. Walker stated that

is just the opposite, that this Ordinance will be more restrictive on

recreational sales.

Trevor Gloss, City Attorney, stated there are three different things that are

going on. The first is a Charter Amendment that City Council referred to

the ballot which would prohibit recreational marijuana in the City. The

second is a petition from the citizens asking to legalize recreational

marijuana in the City, to co-locate with the existing medical marijuana

locations. The third is this Ordinance, which would prohibit recreational

marijuana establishments from being within a mile of each other if they are

approved. The City currently prohibits all recreational marijuana sales and

this code change would only mean something if recreational marijuana

were approved in the future. If it is approved through an initiated Ordinance

or Charter Amendment, the City would enact new zoning and other

regulations to deal with that which would be affected.

Commissioner Robbins asked if the Charter Amendment would change

based on the two ballot votes. Mr. Gloss said it would change the Charter

Amendment, prohibiting it and then it would change the Charter. The

initiated Ordinance is just an Ordinance and cannot conflict with the

Charter, however, it depends on the language and how it fits into the code.

Commissioner Rickett asked Mr. Gloss if the Ordinance supersedes the

ballot, does that supersede the will of the people in Colorado Springs. Mr.

Gloss said no, it would not supersede it, but they would have to incorporate

both to the extent possible. The initiated Ordinance would generate control,

but they do have the authority to make interpretations and add surrounding

guidelines. As long as the Ordinance does not say anything about distance

restrictions, it would have control on the distance aspect.

Commissioner Rickett said it seems once City Council heard that the

combination of medical and recreational marijuana, this was their knee jerk

reaction to that saying if it passes, we are not going to let this happen, we

will supersede the will of the people if that is what they so vote for. Mr.

Gloss said he could not speak to that; it is more of a policy consideration.

Commissioner Rickett asked if that is what would happen. Mr. Gloss said

it would place additional regulations and guidelines and on it if it were

passed. Commissioner Rickett stated if the Ordinance passes, and

recreational marijuana passes then are they smart enough to know that

they can move to locations right outside of every major military base in

Colorado Springs and start selling recreational marijuana. Mr. Gloss said

potentially, we would have to see what happens. Commissioner Rickett

followed up saying that it is concerning that we are trying to create

something that could go against the will of the people in Colorado Springs.

Commissioner Casey asked Mr. Gloss if he had any comment about how

the one-mile restriction was established, the lack of rationale behind it and

the public comments referencing that the one-mile restriction is arbitrary

and capricious, asking for additional review. Mr. Gloss stated they would

examine whether there is a rational basis between the distance restriction

and the health and safety as part of the City zoning and police power. He

said the arbitrary and capricious standard is the court review of Board and

Council decisions during 106, so it would not be applicable here.

Vice-Chair Foos stated he agreed with the comments regarding the

one-mile restriction, and it is indirectly using the zoning code to affect the

will of the people.

Commissioner Hensler said she concurs and there are issues that have

been discussed about increased crime and addiction because of

marijuana use, but they do not benefit from the increased taxes. She said

this is an end run around trying to keep the business out and is too limiting,

the 1,000 foot restriction is sufficient and follows the code as written and is

consistent with other communities up and down the front range.

Commissioner Hensler stated that she will not be supporting the one-mile

restriction.

Chair Slattery said she echoes the sentiments from the other

commissioners, stating that potency and the normalization factor is more

detrimental to children’s desire to use higher potency marijuana at younger

ages. She understands Council’s intent on bringing this forward in an

attempt of a protection mechanism but fails to see how it can be practically

applied. She said the 1,000 foot restriction can be established if retail

marijuana becomes legalized. Chair Slattery asked Mr. Walker what the

language change would be if someone on the dais wanted to adjust the

motion for the direct pedestrian access and direct mile access. Mr. Walker

stated he did not want to construct Ordinances on the fly, but they could

bring it back relative to that, but the medical marijuana restriction has been

in place for many years and there is a methodology by which they can

implement that. He said the competing proposals as they stand today

require that any recreational sales coincide with medical marijuana

locations and those locations are already established with the 1,000 foot

criteria.

Commissioner Casey commented saying the language on using the route

of direct pedestrian access is already in the code for medical marijuana

stores and for consistency, it should be the same for retail.

Commissioner Rickett said they do not need to propose an Ordinance

language, it would be a proposal based on the same restrictions for

medical marijuana that would be the same for recreational marijuana.

Motion by Commissioner Hensler, seconded by Commissioner Sipilovic, to

recommend denial to City Council the amendment of Section 7.3.303.F to the

Unified Development Code of the City Of Colorado Springs based upon the

findings that the code text amendment does not comply with City Code

Section 7.5.702. The motion passed by a vote of 6-1.

6 -

Aye:

Vice Chair Foos, Commissioner Hensler, Commissioner Rickett, Chair Slattery,

Commissioner Sipilovic and Commissioner Casey

1 - Commissioner Robbins

1 - Commissioner Cecil

1 - Commissioner Briggs

No:

Absent:

Recused:

8. New Business

9. Presentations

10. Adjourn