TOWN OF ERIE  
645 Holbrook Street  
Erie, CO 80516  
Meeting Minutes  
Wednesday, August 7, 2024  
6:30 PM  
In Person Meeting  
Virtual Link for Viewing & Public Comment  
Council Chambers  
Only:https://bit.ly/7Aug24PCMtg  
Planning Commission  
I. CALL TO ORDER & PLEDGE OF ALLEGIANCE TO FLAG  
Chair Burns called the August 7, 2024 Planning Commission Meeting to order at  
6:31pm.  
II. ROLL CALL  
Roll Call:  
Commissioner Braudes - present  
Commissioner Dreckman – absent excused  
Commissioner Baham – absent excused  
Commissioner Hemphill - present  
Commissioner Booth - present  
Vice Chair Laws - present  
Chair Burns - present  
A quorum was present.  
III. APPROVAL OF THE AGENDA  
Commissioner Booth moved to approve the agenda of the August 7, 2024  
Planning Commission Meeting. The motion, seconded by Commissioner  
Braudes, carried with the following roll call vote:  
Commissioner Braudes - yes  
Commissioner Hemphill - yes  
Commissioner Booth - yes  
Vice Chair Laws - yes  
Chair Burns - yes  
Motion passes unanimously.  
IV. APPROVAL OF MINUTES  
24-367 Approval of the July 17, 2024 Planning Commission Meeting Minutes  
Attachments: July 17, 2024 Planning Commission Meeting Minutes  
Commissioner Hemphill moved to approve the Meeting Minutes of the July  
17,2024 Planning Commission Meeting. The motion, seconded by Vice Chair  
Laws, carried with the following roll call vote:  
Commissioner Braudes - yes  
Commissioner Hemphill - yes  
Commissioner Booth - yes  
Vice Chair Laws - yes  
Chair Burns – yes  
Motion passes unanimously.  
V. PUBLIC COMMENTS  
No public comment  
VI. GENERAL BUSINESS  
24-362  
PUBLIC HEARING: A Resolution of the Planning Commission of the Town  
of Erie Recommending That the Town Council Adopt an Ordinance  
Amending Title 10 of the Erie Municipal Code Regarding the Retail Sale of  
Marijuana  
Attachments: Resolution P24-12  
Draft Ordinance  
Notice  
Staff Presentation  
Chair Burns announced Agenda Item 24-362: A Resolution of the Planning  
Commission of the Town of Erie Recommending that the Town Council Approve  
the Ordinance Amending Title 10 of the Erie Municipal Code Regarding the Retail  
Sale of Marijuana.  
Chair Burns opened the Public Hearing at 6:34 pm and turned it over to staff.  
Stephanie Pitts-Noggle, Economic Development Manager, and Amy Teetzel,  
Director of Administrative Services and Operations, gave a presentation to the  
Commission on the Ordinance Amending Title 10 of the Erie Municipal Code  
Regarding the retail sale of Marijuana.  
Chair Burns opened the Public Comment portion of the Public Hearing at 6:47  
pm.  
No public comment was given.  
Chair Burns closed the Public Comment portion of the Public Hearing at 6:48 pm.  
Chair Burns brought it back to the Commission for questions/comments of the  
staff.  
Some questions/comments included the following:  
•
•
•
•
Proposed separation distance being standard  
Impact of excise tax on Ordinance  
Ad Hoc committee in 2017 to consider Marijuana Businesses  
Previous Marijuana Business Survey and Survey type. Survey sampling and  
respondents.  
•
•
•
Town zoning requirements compared to other municipalities  
Lighting of facilities  
Commercial and Business Uses with Special Review Use for Marijuana  
Businesses  
•
•
•
•
Effects of proposed zoning changes on new Comprehensive Plan  
Marijuana Ordinance compared to Liquor License requirements  
Limiting Town to two retail locations  
Sentiment of other Town/City leaders on Erie’s proposed marijuana  
ordinance.  
•
•
•
Frequency that Planning Commission would consider marijuana businesses  
Erie would only have retail sales of marijuana  
Separation of marijuana businesses from other facilities/areas where  
children congregate, like parks, playgrounds, and public open spaces.  
•
•
•
•
Definition of school both in the Ordinance and the UDC  
Public Hearings for marijuana business applications  
Respondents to 2023 poll  
Regardless of Planning Commission outcome, the Ordinance would still go  
before Town Council  
Conditional language of approval that would expand uses for required  
separation  
•
•
•
Definition of Parks  
Marijuana business signage on cars  
Chair Burns closed the Public Hearing at 7:09 pm.  
Vice Chair Laws moved to approve Resolution P24-12: Ordinance Amending Title  
10 of the Erie Municipal Code Regarding the retail sale of Marijuana with  
amendment to 10-3-2, Use Specific Standards, adding ‘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.’ The motion,  
seconded by Commissioner Booth, carried with the following roll call vote:  
Commissioner Braudes - yes  
Commissioner Hemphill - no  
Commissioner Booth - yes  
Vice Chair Laws - yes  
Chair Burns – no  
Commissioner Hemphill agreed with the original proposal but was against the  
modification. Chair Burns agreed.  
The motion passes with a vote of 3-2  
24-352  
Discussion on Drive-through Regulations  
Attachments: Presentation  
Chair Burns announced Agenda Item #24-352: A Discussion on Drive-through  
Regulations  
Kelly Driscoll, Planning Manager, and Sarah Nurmela, Director of Planning &  
Development, gave a presentation on the agenda item.  
Chair Burns brought it back to the Commission for any questions/comments of  
staff.  
Some questions/comments included the following:  
•
Parking minimums  
•
No minimums for vehicle stacking; stacking determined by owner/developer  
Additional pavement involved with drive-throughs  
•
•
Community Commercial and possibly other areas requiring a Special Review  
Use  
•
Reduction in parking minimum requirements and the relationship/correlation  
to drive-throughs with stacking.  
•
Parking maximums  
•
Implications of separation requirement by minimum distance  
Bike lanes at drive-throughs in certain areas or zoning districts  
Limits on lanes and pick-up windows  
•
•
•
Parking and drive-through lanes made from pervious materials  
Escape lanes for certain areas  
•
•
Purpose to evaluate individual proposals or fine-tuning design guidelines  
Apply innovation to drive-through considerations  
Not implementing minimums  
•
•
•
Design review through Site Plan application for specific businesses  
Overlays and zone suitable for drive-throughs preserving the character of the  
•
area  
The Commission thanked staff for the presentation and discussion.  
24-353  
Best Legal Practices Discussion  
Chair Burns announced Agenda Item #24-353: Best Legal Practices Discussion  
Kunal Parikh, Town Attorney, gave a presentation on the agenda item.  
Chair Burns brought it back to the Commission for any questions/comments of  
staff.  
Some questions/comments included the following:  
•
•
Moral and legal basis for consideration  
UDC and public welfare criteria for consideration. Public welfare is  
subjective.  
•
Staff recommendations in relation to interpretations and decisions by  
Planning Commission  
•
Decisions based on other Commissioner’s concerns if the concerns are  
founded in the criteria given by staff.  
•
•
•
Continuance, sidebars, and executive sessions  
Abstaining and recusal from voting  
Disruptive public and/or applicant  
The Commission thanked staff for the presentation and discussion.  
24-360  
DISCUSSION: Planning Commission Biannual Report to the Town Council  
Attachments: September 2023 Biannual Report  
February 2024 Biannual Report  
Chair Burns announced Agenda Item #24-360: A Discussion on The Planning  
Commission Biannual Report to Town Council  
Chair Burns gave a presentation on the agenda item.  
Chair Burns brought it back to the Commission for any questions/comments of  
staff.  
Some questions/comments included the following:  
•
•
•
Commissioners available to support Chair Burns  
September 10, 2024 meeting. Report due August 27, 2024  
Who the Planning Commission is, what they’ve done, and what the Planning  
Commission’s goals are.  
•
•
•
•
•
Self-improvement by trainings and conferences  
APA membership  
Scope of duties  
Commissioners are gelling together  
Draft Report available for review at the August 21, 2024 Planning Commission  
meeting  
VII. STAFF REPORTS  
Kelly Driscoll, Planning Manager reported on the following:  
•
APA membership  
•
Public review of Comprehensive Plan draft chapters and Future Land Use  
Map  
•
•
•
Multi-factor authentication  
Tentative agenda items for August 21, 2024 Planning Commission meeting  
Public involvement Comprehensive Plan update  
VIII. COMMISSIONER REPORTS AND DISCUSSION ITEMS  
The Commission had nothing to report.  
IX. ADJOURNMENT  
Commissioner Braudes moved to adjourn the August 7, 2024 Planning  
Commission Meeting. The motion, seconded by Commissioner Booth, carried  
with all voting in favor thereof.  
Chair Burns adjourned the August 7, 2024 Planning Commission Meeting at 8:39  
pm.