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Westminster council rezones site for cannabis processor; approves nondiscrimination policy to meet EPA grant rules

3141262 · April 29, 2025
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Summary

Council adopted a local map amendment applying a cannabis overlay to a restricted industrial property for a cannabis processor and approved a nondiscrimination policy required by the U.S. EPA for financial assistance. Planning staff recommended approval of the rezoning and the council voted to adopt both measures.

The Westminster Mayor and Common Council on May 5, 2025 voted to apply a floating cannabis overlay zone to a portion of a restricted industrial property to permit a cannabis processor, and separately adopted a nondiscrimination policy to address deficiencies cited by the U.S. Environmental Protection Agency for EPA financial assistance applications.

Planning staff reported that WHR Holdings LLC requested the local map amendment LMA 25-02 to apply the cannabis overlay to Suite 8 of a condominium (identified in staff materials as a portion of Lot/Unit noted on the Larian 4 condominium plat, book 48 page 274). Staff recommended approval and noted that any operation in Suite 8 would remain subject both to the underlying IR (restricted industrial) zone regulations and the cannabis overlay regulations. The Planning and Zoning Commission held a public hearing on April 17, 2025 and forwarded a recommendation to approve the ordinance to the Mayor and Common Council.

The council voted to adopt Ordinance No. 2025-04 (LMA 25-02) after a motion by Councilmember Haas and a second by Councilmember Tony Carvacci. The ordinance applies the floating cannabis overlay to the specified suite to allow the establishment of a cannabis processor under the overlay rules.

Separate EPA-related resolution: City staff told the council that the U.S. Environmental Protection Agency had advised Westminster to correct deficiencies on a pre‑award form for EPA financial assistance. Staff presented a resolution (Resolution No. 25-05) that codifies the city’s nondiscrimination policy consistent with requirements in 40 CFR parts 5 and 7. The council adopted Resolution No. 25-05 on a motion by Councilmember Hoff, seconded by Councilmember Gilbert.

Why it matters: The zoning change clears the way for a cannabis processing operation at the specified condominium suite subject to applicable local overlay and underlying zone requirements. The nondiscrimination resolution is administrative but required for compliance with EPA grant regulations; staff said it requires no new funding.

Process and background details: The staff report on the local map amendment noted minor corrections to dates in the version of the staff report (publication years that were typed as 2024 were corrected to 2025) and confirmed proper public notice and Planning and Zoning Commission review. The staff report specified the target parcel using the condominium plat reference and noted the overlay is a “floating” overlay applied specifically to Suite 8; the underlying IR zone continues to apply. For the nondiscrimination resolution, staff cited 40 CFR parts 5 and 7 as the relevant federal rules and said the resolution addresses EPA’s notification of deficiencies on the city’s pre‑award form.

Ending: Both measures were adopted at the May 5 meeting. The ordinance formalizes the zoning change for the property identified in staff materials; the resolution updates the city’s written policy to meet EPA pre‑award requirements so the city may continue to pursue EPA financial assistance.