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Planning commission backs adding parcel to Westminster cannabis overlay, declines removal for now
Summary
After a public hearing, the Westminster Planning Commission voted to forward a favorable recommendation to the mayor and common council to add a parcel (SDAT 774) to the city's Cannabis Overlay District while postponing a planned removal of the overlay at the dispensary's existing address.
The Westminster Planning Commission voted to forward a favorable recommendation to the mayor and common council to add a parcel (SDAT 774) to the city's Cannabis Overlay District while deferring removal of the overlay at an existing dispensary site.
The change under consideration is a sectional map amendment to expand the Cannabis Overlay District to include a parcel adjacent to the 140 Village Shopping Center. Planning staff told the commission the staff recommendation is to proceed only with the addition of parcel SDAT 774 and not to remove the overlay that currently covers the dispensary at 33140 Village Road.
Staff explained the background: the city previously converted a medical-cannabis overlay into a Cannabis Overlay District after state adult-use legislation and a city ordinance in September 2023. "We're asking that the planning commission recommend approval of ordinance 20 25 0 2 exhibit A as provided in the second meeting staff report," staff said during the hearing.
The applicant's representatives and a contract purchaser addressed the commission in support of the addition and asked that the city retain the overlay at the current dispensary site in case the proposed move to the new parcel does not go forward. One speaker representing the applicant said keeping the existing overlay in place would avoid putting the current dispensary into a nonconforming status if the move fails. The same speaker told the commission a re-advertisement for a larger overlay area would be "materially problematic" for the applicant because the group is a contract purchaser working under time constraints.
Commission discussion touched on whether the commission should expand the overlay to the larger area visible on the map. A commissioner suggested the whole block shown in red appear to be included for consistency, and staff replied that enlarging what was advertised would require the city to re-advertise the change. Planning staff also confirmed dispensaries remain subject to distance requirements that would limit creating multiple dispensaries on adjacent parcels.
After public comment and discussion, a motion to forward the ordinance to the mayor and common council with a favorable recommendation carried on a voice vote. The commission's action, as stated on the record, was to send the recommended map (Exhibit A, as provided in the staff report) forward and leave the existing overlay covering 33140 Village Road in place for now.
What happens next: the mayor and common council will consider the sectional map amendment and any associated ordinance exhibits. Staff and the applicant noted they could return later to the city if they decide to pursue removal of the overlay at the existing dispensary address.
Sources: Planning staff presentation and public hearing record of the Westminster Planning Commission meeting.
