CDOT advises on how to not get ‘sham-rocked’ this St. Patrick’s Day weekend

St. Patrick’s Day is this upcoming weekend and the Colorado Department of Transportation (CDOT) put out a news release on Wednesday about enforcement periods and aides for avoiding DUIs. 

From Mar. 14-20, CDOT will be supporting the Colorado State Patrol (CSP) and 76 local law enforcement agencies for the St. Patrick’s Day DUI enforcement period. During this period, drivers may see sobriety checkpoints and additional law enforcement on duty that are dedicated to arresting impaired drivers, the release stated. 

For opportunities and encouragement of safe rides, CDOT will be distributing rideshare credits at this Saturday’s St. Patrick’s Day Parade in Denver, partnering with AAA Colorado, the release stated. 

Parade attendees are encouraged to use public transportation, such as RTD, to avoid DUIs. For anybody attending a St. Patrick’s Day party, CDOT urges all guests to have a safe and sober ride home. Driving under the influence, from alcohol or other drugs, can lead to lane drifting, excessive speed, slowed reaction time and other issues, the release stated. 

“It’s up to each of us to behave responsibly during this year’s St. Patrick’s Day celebration by planning to use alternate forms of transportation,” said Colonel Matthew Packard, chief of the CSP. “Luck won’t get you home safely if you’re impaired behind the wheel. Never get into a car with someone you suspect is intoxicated. One bad choice could lead to a DUI, license suspension, serious injury or even loss of life.”

The National Highway Traffic Safety Administration (NHTSA) reports that 47 people were killed in DUI crashes over the St. Patrick’s Day holiday period in 2021. In Colorado during 2023, 276 DUI arrests were made during the St. Patrick’s Day enforcement period. This is a 60% increase from the year before, the release states. 

Since 2024 began, there have been 24 impaired driving-related traffic deaths and 935 DUI arrests made during the heightened enforcement periods in Colorado. The recent Presidents Week enforcement period ended with 300 arrests across 81 agencies. The highest number of arrests goes to the Denver Police Department with 41, Colorado Springs Police Department with 33 and the Aurora Police Department with 21, the release stated. 

“Driving under the influence of alcohol or cannabis is never responsible – DUI crashes are always preventable,” said Darrell Lingk, the Office of Transportation Safety Director of CDOT. “This is all the more reason to seek out public transportation, rideshare services or a designated driver this holiday weekend.” 

Polyconsumption, the act of taking two different drugs at the same time, more commonly known as polydrug use, is on the rise. In this particular case, using alcohol and cannabis together enhances the effects of each substance, leading to symptoms that impair a person, the release stated, such as:

  • Loss of coordination and problem-solving skills
  • Distorted perception of time, distance and speed
  • Slowed reaction time

Drivers under the influence of marijuana show only a modest impairment on actual road tests, users usually being able to compensate effectively. Users should wait at least three hours after the last intake of cannabis before driving. However, taking both substances together leads to worse impairment, as alcohol eliminates the ability of compensating strategies, a 2009 study from the National Library of Medicine showed. 

Spring Events is the next DUI enforcement period from Apr. 4-24, which is 21 straight days of high visibility enforcement, the release stated. For yearly impaired driving crash and fatality data in Colorado, visit https://www.codot.gov/safety/traffic-safety/assets/fatal-crash-data-city-county

For local law enforcement agency plans, visit https://socgov.my.salesforce-sites.com/tsreports/ and select an enforcement period. 

Ten years later: Professionals weigh in on a decade of legal recreational marijuana in Colorado

Ten years have passed since Colorado legalized recreational marijuana, a decision that has brought significant changes to the state. Opinions on the impacts of this legislation vary, from law enforcement to recovery specialists and those in the marijuana industry.

“I think a problem exists,” Garfield County Sheriff Lou Vallario said. 

He equated the challenges with marijuana to those posed by alcohol and other drugs. Vallario pointed to an increase in marijuana usage among youths as a pressing concern. 

“Following its legalization, we almost immediately started seeing marijuana in much younger levels and even in grade schools,” Vallario said.

Despite these concerns, Vallario acknowledged that marijuana’s effects are generally more subdued compared to stimulants like fentanyl or cocaine. 

“It’s more depressing, so we don’t see the radical behavior like we would with fentanyl or cocaine, but we have definitely viewed it as a gateway drug,” he said. 

Vallario also highlighted the legal challenges law enforcement faces, balancing between state legality and federal illegality.

The issue of driving under the influence presents a unique challenge. Vallario noted that in Colorado, the charge for driving under the influence of alcohol or drugs, legal or illegal, is the same. 

“Many times we’ll stop people for their driving behavior, and there might be multiple substances on board in their system,” Vallario said, adding that it’s rare to charge someone solely for driving under the influence of marijuana, and that other substances typically accompany the material when drivers are pulled over.

On the treatment front, recovery coach Vanessa Lane offered a different perspective. 

“Everybody has their own drug of choice,” Lane said.

The long-time recovery coach sees marijuana as one substance among many that people might struggle with. Lane noted the increased potency of marijuana today compared to a decade ago, adding to the complexity of the issue.

Lane also addressed the long-held view of marijuana as a gateway drug.

“I know individuals that started smoking weed and hated it, and then later on in life went to other drugs,” she said. She remains neutral on whether marijuana is good or bad, however, focusing instead on individual struggles and needs.

In the marijuana industry, perspectives differ. Daniel Price, a budtender at The Green Joint in Glenwood Springs, views marijuana’s legalization positively. 

“It’s definitely helped,” Price said, citing benefits for people with muscle disorders, sleep issues and pain.

Price shared his personal experience of using marijuana for headaches due to numerous concussions.

Price said he also sees a shift toward recreational use, citing many users who look to purchase marijuana for medical benefits but don’t have the medical card required to do so, and therefore cite their purchase as recreational.

“A lot of people are coming in here for help,” Price said. “It has a lot of medical benefits, and I think that’s one of the bigger changes I have seen as a budtender. People are coming to help with pain, or sleep, and as a budtender, we are trying to point those people in the right direction.”

Price predicts that as more states legalize marijuana, the industry in Colorado might see changes, with fewer tourists visiting specifically for marijuana.

“We have started to see it for the past couple years,” Price said. “It’s a growing industry throughout the country. People are starting to not need to travel to Colorado for this reason anymore.”

As the use of marijuana continues to gain legality throughout the United States, Colorado’s introduction of the substance in 2014 has led to the legalization in 24 of the United States’ 50 states. Colorado’s initiation at the start of the new year in 2014 has paved a path for both recreational and medical use of marijuana for the foreseeable future.

Later hours for marijuana businesses in Glenwood Springs passes first reading; special election nearly off the table

A previously-scheduled special election for voters to decide marijuana shop hours is off, and Glenwood Springs City Council has completed its first reading of an ordinance to allow such businesses to stay open later.

City Council called a special meeting on Monday to consider the ordinance to allow marijuana businesses in the city to stay open until 10 p.m.

Council approved the ordinance with five in favor and Mayor Ingrid Wussow opposed. Councilor Shelley Kaup was not present at the meeting.

Kaup and Wussow both voted against extended hours for cannabis businesses, citing concerns for those businesses proximity to neighborhood homes and concern for the possible influence on local youth. 

If the ordinance passes the second reading at the next City Council meeting on May 4, then it will go into full effect on May 14, according to Councilor Jonathan Godes. 

As of the Monday reading, Council agreed to “see how it goes,” and then by August, they could start making language to change or push back hours, if they see the need.

August is when Council would be required to clarify any changes for the regular November ballot, City Attorney Karl Hanlon said. 

Cooper Avenue resident Bob Noone entered the call on Zoom to speak to Council publicly about his concerns but was unable to join due to some technical difficulties. Wussow and Councilor Sumner Schachter said they both spoke to Noone beforehand.

“(Noone) was speaking second-hand for some neighbors, and they’re going to wait until August and see what develops and perhaps come to us with information that would help guide our decision,” Schachter said. 

Noone’s biggest concerns also involved some of the different businesses’ proximity to residential neighborhoods, Wussow said. 

The November ballot would possibly propose a rollback on hours, if seen fit after five to six months with the hours change. 

Godes requested to have police and other emergency medical services monitor calls related to marijuana without making it too much of a priority.

Post Independent reporter Cassandra Ballard can be reached at cballard@postindependent.com or 970-384-9131.

Glenwood Springs City Council approves extended hours for marijuana businesses, cancels special election

Glenwood Springs’ special election on extending marijuana business hours to 10 p.m. is off again.

After stepping down as mayor, Councilor Jonathan Godes motioned once again during Thursday’s regular City Council meeting to pass later marijuana business hours.

The matter was put on the agenda to formally set a date for the election, and Godes decided to take one last crack at making a motion to pass it with the newly elected council members — Erin Zalinski, Sumner Schachter and Mitchel Weimer — having been sworn in.

For background, the reason the decision has been so hard for the councilors to make is because of how the proposed new city ordinance amendment was written. 

Since the petition submitted by a local dispensary owner stated specifically keeping dispensaries throughout Glenwood Springs open until 10 p.m., there was no wiggle room for City Council to make any amendments. It also set the ordinance to stick for at least six months before council could amend it. 

Most councilors sounded open to allowing later hours, but 10 p.m. seemed too late for both the former council members and the new ones, as stated by outgoing councilor Tony Hershey in a recent letter to the editor. 

New Councilor Schachter immediately tried to see if there was a way to look at zoning so it didn’t affect residential areas, but City Attorney Karl Hanlon advised against it based on legalities.

This doesn’t mean the decision is completely over. Council will hold two special meetings and will have to have a second reading of the change with a favorable vote. 

If it passes on the second reading, then it will allow dispensaries to stay open until 10 p.m. without any amendments for six, or now five months. 

“I think with the motion, if it doesn’t work in five months then we can put it on the ballot,” Hanlon said. 

Post Independent reporter Cassandra Ballard can be reached at cballard@postindependent.com or 970-384-9131.

Request for later marijuana dispensary hours in Glenwood Springs continued

The question of keeping dispensaries in Glenwood Springs open later than now allowed was continued Thursday to give City Council more time to evaluate possible repercussions.

“I want to have our public information officer send out information so that we get public input,” Councilor Charlie Willman said. 

Council had concern continuing the discussion if it meant making new council members decide on it.

“Certainly, this can be handled by the old Council before seating the new Council,” City Attorney Karl Hanlon said.

Councilor Shelley Kaup didn’t understand why they needed to continue it and couldn’t discuss it, and Mayor Jonathan Godes wanted to hear the presentation from Silverpeak/The Dab requesting to extend hours to 10 p.m.

The group has already requested to have it put on the agenda and Council asked to send the request to Planning and Zoning. 

P&Z denied the request, so the proponents created a petition seeking approval of the later hours. This week, the petition had enough signatures to come back to Council.

Options for Council include approving it, denying it or taking it to voters for a possible special election later this year. 

“I would like a little bit more data from staff,” Councilor Ingrid Wussow said. “I would like to know how have other municipalities extended it? Has it increased their tax revenue? Has it increased their crime rate? Those are variables if I’m gonna be making this decision.” 

Councilor Tony Hershey requested Police Chief Joseph Deras or Sgt. Logann Crawford be present, as well.

“I think we need to give the public an opportunity to weigh in. Let these gentlemen come and explain their position at that point.” Hershey said. 

Willman motioned to continue the discussion for a special agenda point on April 6, and Hershey seconded. It passed 4-3.

Post Independent reporter Cassandra Ballard can be reached at cballard@postindependent.com or 970-384-9131.

Glenwood Springs City Council to continue code of conduct discussion

Disparaging comments, what can be provided to the media and how such rules might be enforced generated over 90 minutes of conversation by the Glenwood Springs City Council on Nov. 5.

Now, the council is slated to continue that conversation during a work session slated for 4 p.m. Thursday.

At the Nov. 5 meeting, Mayor Jonathan Godes explained that the code of conduct is a council-driven effort three and a half years in the making designed to guide the behavior of councilors during and possibly outside of meetings.

Councilor Tony Hershey said he would not support the code of conduct, saying anything that restricts free speech is “unenforceable nonsense and a colossal waste of time.”

Councilor Charlie Willman — who drafted the code after reviewing similar codes from other cities — said that he did not intend to restrict free speech in the draft.

“It’s more addressing how we address each other, not what we say,” he said.

City attorney Karl Hanlon said that he would review the document for infringement of free speech after council decides on language but the code is more about behavior.

“Decorum is very different from speech,” he said.

Disputes broke out throughout the work session in the battle between aspirational ideals of behavior and legally enforceable rules.

Willman began to run through the draft section by section. Council discussed sections I through V, leaving VI through VII for this week’s meeting.

The councilors’ fine-toothed combs came out as they haggled over words or intentions.

Councilor Shelley Kaup said that a line reading “Each council member shall respect all other council members” sounds like it’s dictating what councilors should feel and suggested it be changed to “Each council member shall treat all other council members with respect.”

A line about councilors not leaving the dais prompted Godes to say, “If someone storms off, they’re signifying that they’re done for that evening.”

Willman disagreed, saying that he in the past had been hot-headed and just needed some time to cool off. 

“As an elected representative of the city I shouldn’t be barred from the remainder of the meeting because I let my emotions get the better of me,” he said.

Godes suggested a line about councilors not belittling or disparaging each other inside or outside of meetings should apply to anyone before the council.

Hanlon didn’t argue that point but said this should apply to meetings only. Any councilor is completely within their rights to go to the bar and badmouth the mayor, he said.

Godes asked about restricting councilors’ use of the media after mentioning an opinion piece by Hershey responding to an opinion piece by Councilor Paula Stepp, both written this summer.

“It wasn’t a good look; it wasn’t productive,” he said.

Hershey said residents want to know what their councilors think.

“It’s a legitimate disagreement, and that should be aired in the public. That’s what the people want,” he said.

Hanlon made it clear that restricting use of the media can be a part of the code of conduct but it would not be legally enforceable.

Similar logic applies to conduct unbecoming an elected official, where a hypothetical bar fight involving a councilor was discussed.

Council finished the work session discussing whether the code should apply to members of boards and commissions.

Councilor Ingrid Wussow did not think that’s a good idea.

“I don’t think we should have a lot of stipulations. We’re lucky that people want to show up,” she said.

Kaup said that it is a good idea for two reasons. It raises the expectations of how to act as a public servant, and it also gives council an “out” with a problem member.

Council has allotted an hour and a half for the continued discussion.

Marijuana regulations

Council is also scheduled to give a first reading to a municipal code amendment regarding retail marijuana stores at the regular council meeting starting at 6:15 p.m. Thursday.

The Planning and Zoning Commission had discussed regulations over several meetings and unanimously approved revisions to the code on Oct. 27.

The code revisions focus on expanded buffers and a cap on the number of pot shops allowed based on population.

The regulations currently dictate that a new shop must be 900 feet from other pot shops and 500 feet from schools. The revisions change the buffers to 1,000 feet from either and added to that list mental health and drug treatment facilities and parks.

P&Z recommended using areas defined as parks in Title 090 of the municipal code excluding trails. 

There is currently no maximum number of pot shops allowed in the city, and the revisions included a cap of one shop per 1,000 residents.

City staff recommends that council approve the revisions.

cwertheim@postindependent.com

Pot shops get the OK from Glenwood Springs officials

Two retail marijuana shops have received approvals this month at different levels of city government.

Martin’s Natural Medicinals

Martin’s Natural Medicinals went through a rollercoaster ride during the voting process for its shop at the corner of Highway 6 and Mel Ray Road in West Glenwood.

After having heard a presentation at the Oct. 15 City Council meeting, commissioners had no questions at the Nov. 5 meeting and went straight to a motion by Councilor Charlie Willman to approve with staff conditions. Councilor Shelley Kaup seconded.

The motion failed 4-3, with Mayor Jonathan Godes and councilors Ingrid Wussow, Tony Hershey and Willman opposed.

City attorney Karl Hanlon suggested council make a motion to deny with findings — a reason why the application was denied.

Wussow made the motion to deny, saying that the shop does not meet the comprehensive plan’s goal of diverse economic development and does not fit in with small town character. Hershey seconded.

Before the second vote Councilor Steve Davis said a pot shop at this location was approved by council several years ago, and “nothing has changed since then” in regards to laws and regulations, so he said he supported the application.

Kaup reminded council that this is a relocation of a business, and the Planning & Zoning Commission recommended approval 5-0, and therefore she supported the application as well.

The motion to deny then failed 4-3, with Wussow, Hershey and Willman in favor of denial.

Godes them made a second motion to approve, which Kaup seconded.

This time the motion to approve passed, with Wussow, Hershey and Willman opposed.

Godes explained that he changed his mind before the motion to deny in consideration of this being a business relocation.

Kind Castle

At a Planning and Zoning Special meeting Monday night, Kind Castle got a 5-0 vote to approve with conditions.

P&Z had heard a presentation at its Oct. 27 regular meeting from Chris Hawkins of Alpine Planning on behalf of Kind Castle for a pot shop on the southeast corner of Wulfsohn Road and Flat Tops View Drive in Glenwood Meadows. 

Senior planner Trent Hyatt read public comment from Amy Rogge in opposition to the shop, saying it was too close to the rec center, would likely have offensive odors and would limit the success of the lodges across the street.

Hawkins responded that the shop meets all city requirements for distance from schools, parks, etc. and the shop would likely not be visible from the rec center because of landscaping and a wooden fence; city staff has made it clear that odor has not been an issue with retail pot shops; and Courtyard by Marriott has expressed support for the shop in a letter submitted to the city.

Commissioner Sumner Schachter moved to approve with staff conditions, and Commissioner Carolyn Cipperly seconded. The motion passed unanimously.

The application will next be heard by City Council at an upcoming meeting.

cwertheim@postindependent.com

Glenwood Springs P&Z approves revisions to marijuana regulations

The Glenwood Springs Planning and Zoning Commission on Oct. 27 approved revisions to marijuana regulations and heard an application for a pot shop in Glenwood Meadows. 

P&Z had been discussing over several meetings revisions to the municipal code pertaining to retail marijuana shops and had asked staff to prepare a recommendation based on those discussions.

The revisions focused on buffers and a population cap. 

The regulations currently dictate that a new shop must be 900 feet from other pot shops and 500 feet from schools. The revisions change the buffers to 1,000 feet from either and added to that list parks and mental health and drug treatment facilities.

There is currently no maximum number of pot shops allowed in the city, and the revision included a cap of one shop per 1,000 residents.

City staff recommended approval of the revisions.

Commissioner George Shaver asked if the city has a designation of what constitutes a park, and whether the trail system above Glenwood Meadows could be considered a park.

Senior planner Trent Hyatt said that if trails were considered as parks that could potentially include the Rio Grande Trail.

“It would be tough to designate the Rio Grande Trail as an official ‘park,’” but buffers around trails is worth discussing, he said.

Assistant city manager Jennifer Ooton said the city has a list of city parks — which includes Boy Scout Trail — and a definition of the term “park” that includes an “other” category that could be construed to refer to trails. She suggested attaching a list of parks to the regulations to make it clear what the buffers would surround and to use the park definition while exempting the “other” category to avoid confusion about whether trails require buffers.

Commissioner Carolyn Cipperly said that a goal of the comprehensive plan is to be a regional shopping hub. With that in mind, Gypsum and New Castle comprise roughly 10,000 people combined and have no pot shops, so the city should accommodate that doubling of the population when considering pot shop caps.

“I’m less in favor of a numerical cap. I do think that the 1,000-foot setbacks have gotten us really close to what I believe City Council was encouraging us to work on,” she said. She asked for some support in removing the cap per population from the regs but got none.

Commissioner Kathryn Grosscup moved to approve the draft regulations with the addition of the parks definition and exempting its “other” category. Commissioner Sumner Schachter seconded, and the motion passed unanimously.

The next step is for public hearings before council.

“All code changes are done by ordinance, which requires two hearings before City Council,” assistant economic/community development director Gretchen Ricehill said in an email.

Kind Castle

P&Z heard a special use permit application from Chris Hawkins of Alpine Planning on behalf of Kind Castle for a pot shop on the southeast corner of Wulfsohn Road and Flat Tops View Drive. 

In August P&Z had paved the way for this review by overturning a staff decision that pot shops were not allowed in Glenwood Meadows, denying Hawkins’ original application.

The application calls for a 4,504-square-foot, two-story building, 3,270 square feet of which would be for the pot shop with 784 square feet for a future retail establishment.

Hawkins said that the project will provide 17 parking spaces, more than the 11 required by zoning.

He also pointed out that the shop would meet the new 1,000-foot buffers even though the current less-stringent regulations apply to this application.

No residents spoke during the public comment portion of the discussion.

The commission voted unanimously to continue the discussion to the next regular meeting on Nov. 9 to allow the public the opportunity to comment.

Alternates needed

With the appointment of P&Z Commissioner Ingrid Wussow to City Council, her seat on the commission is currently vacant. On the agenda at Thursday’s council meeting is considering appointing current alternate Ben West to fill the vacant commission seat. According to the city website, there is currently a vacant alternate seat on P&Z, and West’s appointment would leave two vacant alternate seats.

“We are actively recruiting to fill these vacancies. Alternate positions are considered critical to the function of the commission. Alternates often are asked to fill in when regular members cannot attend a meeting or need to recuse themselves from particular items due to conflicts,” Ricehill said in an email.

Applications are available on the city website.

cwertheim@postindependent.com

City to discuss pot, Blake and Ward 2 before the election

This week, the city of Glenwood Springs will be discussing marijuana regulations, seeking input on Blake Avenue south of 23rd Street and appointing a city councilor. All meetings can be attended via Zoom.

Marijuana regulations

The Planning and Zoning Commission will once again discuss possible changes to the municipal code regarding marijuana facilities at its regular meeting at 6 p.m. Tuesday, Oct. 27.

At P&Z’s special meeting on Sept. 15 councilors focused on buffers of 1,000 feet around schools, parks, other pot shops and mental health and drug treatment facilities. Another idea was limiting the number of retail shops to one per 1,000 residents.

P&Z will have draft code language to review and could make a recommendation to City Council from this meeting, assistant city manager Jennifer Ooton said.

“Staff is going to put together their best recommendation for a cap based on the population and also increasing distance requirements,” assistant economic/community development director Gretchen Ricehill said after P&Z’s Sept. 15 meeting.

If a recommendation is made, it would likely go to council at its Nov. 19 meeting, Ooton said.

Should council decide on a code change, that would require an ordinance, which requires two readings before council, Ooton said.

Blake Avenue 

The city of Glenwood Springs is holding a virtual meeting from 5-7 p.m. Wednesday, Oct. 28, to discuss street configurations of Blake Avenue related to the Bell Rippy development north of Walmart; and Blake improvements from 23rd Street to Highway 82 at McDonald’s.

Council voted unanimously at its Oct. 1 meeting to accept staff’s recommendation to keep the Blake Gate closed until a certificate of occupancy is issued for a building at the Bell Rippy development at some point in 2021.

At the Oct. 28 meeting Engineering and Community Development staff will introduce and present different circulation options for consideration, and the city will ask for comments from the Palmer and Blake area neighborhoods. Proposed plans will be posted on the city’s website at cogs.us/blake on Monday, Oct. 26, according to a press release.

Comments from the neighborhood residents will then be presented and discussed at the city’s next Transportation Commission meeting at 7:30 a.m. Tuesday, Nov. 3, Election Day. 

“City Council has asked staff to bring back a recommendation, and I would anticipate that it would be some version of the plans that are being finalized for the [Oct. 28] meeting. We are looking for input from the public and Transportation Commission, so there may be some revisions to the ideas that staff will offer for consideration,” Ooton said.

City Council Ward 2 seat

Last Monday, City Council interviewed Ray Schmahl, Monica Wolny and Ingrid Wussow for appointment to the Ward 2 council seat recently vacated by Rick Voorhees.

At 1:30 p.m. Tuesday, Oct. 27, council will meet to make a selection.

Public comment will be accepted, Mayor Jonathan Godes said.

cwertheim@postindependent.com

Two pot shop applications working through the system

Glenwood Springs City Council took a look at a couple of marijuana shop permit applications at its regular meeting on Oct. 15.

Kind Castle

Chris Hawkins of Alpine Planning asked council to determine whether a special use permit application from Kind Castle to open a retail marijuana shop at 2114 Grand Ave. is “substantially” different from a previous application from Kind Castle at the same location.

On June 18, council voted 5-2 to deny the previous application after a 7-0 recommendation for denial from the Planning and Zoning Commission.

City code states that “Following denial of an application, the decision-making body shall not decide on applications that are the same or substantially similar within one year of the previous denial.”

Councilor Charlie Willman, himself a lawyer, asked city attorney Karl Hanlon what “substantial” means.

Hanlon replied, “A substantial and material change to the application is what council determines is a substantial and material change to the application.”

Hawkins’ presentation listed 10 ways in which this application differed from the previous one.

Foremost is the business would occupy all three units of the building, for 2,989 square feet, where the previous application was for retail in one unit for 779 square feet.

Having one tenant addresses concerns expressed during the previous application process, including parking problems, Hawkins said, which Councilor Shelley Kaup said was the reason she voted for denial last time.

Other changes, according to Hawkins, include: the Stinker gas station agreeing to allow shared access between the properties; enhanced odor mitigation; signed affidavits of support from residents living above the business; reduced trips to the property by elimination of the previous barber and frame shops; elimination of the Cedar Lodge pole sign; and a promise from the applicant to spruce up the property within a year of approval.

Haley Carmer of Garfield & Hecht spoke during public comment representing Cedar Lodge Motel. She said that there is nothing materially different in this application, the increased retail space increases the potential for odor issues, and she wasn’t convinced that parking problems are solved.

Mayor Jonathan Godes was concerned about the timing of the application as the Planning and Zoning Commission is reviewing marijuana regulations.

“As long as we received and deemed complete an application … we would process that application even as we’re considering code amendments for this specific use,” city planner Trent Hyatt said.

Councilor Steve Davis said that the application meets the requirements of being materially different.

“There is a substantial change. The substantial change is they are the sole occupant of that facility now, and they will be in complete control of that parking lot,” he said, moving to allow the application to go through the permitting process. Kaup seconded.

Councilor Tony Hershey said he did not see it that way.

“I agree with Haley. … This is the same project, and I don’t see a substantial change,” he said.

The motion passed 4-1 with Hershey opposed. Councilor Paula Stepp was absent.

Martin’s Natural Medicinals

An application for Martin’s Natural Medicinals was fairly straightforward. 

Martin’s is proposing to take over a former convenience store at 23 Mel Ray Road after the location of the store on Sixth Street sold.

Hyatt’s presentation demonstrated how the proposed Martin’s Medicinals location meets all review criteria. The Planning and Zoning Commission recommended approval 5-0, and city staff also recommend approval.

With no discussion, council voted unanimously to continue the discussion to the Nov. 5 meeting. City attorney Karl Hanlon explained that this is the procedure for planning items heard remotely to allow the public time to comment should there be problems trying to comment online.

cwertheim@postindependent.com