SUBJECT:
Title
PUBLIC HEARING: An Ordinance of the Town Council of the Town of Erie Repealing and Reenacting Chapter 9 of Title 4 of the Erie Municipal Code, to Establish Licensing Procedures for Medical and Retail Marijuana Businesses in the Town, and Amending Title 10 of the Erie Municipal Code (the "UDC") Regarding Use-specific Standards for Marijuana Businesses, Adding a Definition for "Marijuana Business" and Repealing and Reenacting the Definition of "School"
Body
DEPARTMENT: Economic Development
Administration
Planning & Development
Department
PRESENTER(S): Stephanie Pitts-Noggle, Economic Development Manager
Amy Teetzel, Director of Administrative Operations
Kelly Driscoll, Planning Manager
First Name Last Name, Title
TIME ESTIMATE: 60 minutes
only required for non-consent items
POLICY ISSUES:
Whether to adopt an ordinance allowing for the sale of retail (both recreational and medical) marijuana within the Town of Erie, thereby ending the moratorium on marijuana sales in the Town, pending the results of the November 2024 ballot initiative imposing a 5% excise tax on the sale thereof.
STAFF RECOMMENDATION:
Recommendation
Two versions of the ordinance are attached and provided for consideration by Town Council. On Aug. 7, 2024, the Planning Commission voted 3-2 to amend the proposed ordinance (attached as “Option 2”) and impose an additional location requirement prohibiting marijuana sales within 500 feet of any park or open space. Based on best practices and the zoning requirements in place within neighboring communities, staff recommends the Council approve the original ordinance as written (attached as “Option #1”) and allow voters to decide the future of marijuana sales in Erie.
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
Since 2012, the Town of Erie has had a moratorium in place banning the sale of retail marijuana. In the 2021 and 2023 community surveys the majority of Erie respondents stated they were in favor of overturning the moratorium, pending the adoption of robust zoning requirements and a 5% excise tax on any marijuana sales. In response, Town Council determined the issue of ending the moratorium should be put to residents as a ballot item in November 2024. Ballot language imposing a 5% excise tax on the sale of marijuana was approved by Town Council for the November 2024 election on July 23, 2024. Should the ballot measure pass, the proposed ordinance delineating zoning and licensing requirements for retail marijuana stores would then go into effect on Jan. 1, 2025.
This ordinance establishes a maximum of two stores within the Town of Erie limits, with zoning and licensing requirements prohibiting marijuana sales within set distances of nearby schools, residential zoning, and other marijuana stores, with a maximum store size of 5,000 sq. ft. While there are considerations regarding the harmful impacts from abuse of marijuana, especially among youth, staff believes the residents of Erie should decide the future of marijuana sales in the Town.
COUNCIL PRIORITY(S) ADDRESSED:
ü Prosperous Economy
ü Fiscally Responsible
ATTACHMENT(S):
1. Ordinance No. 031-2024 (Option #1, recommended by Town staff)
2. Ordinance No. 031-2024 (Option #2, recommended by Planning Commission)
3. Notice of Public Hearing - Colorado Hometown Weekly 9.4.2024
4. Staff Presentation