The Palisade Board of Trustees rejected a rezoning application Tuesday night that would have opened the door for another retail marijuana business in downtown Palisade.

The application was to rezone a minor subdivision from agriculture-forestry-transition to commercial, which applicant David Cox hoped to use for a retail marijuana store.

"I can't understand why we would do anything to change the zoning in that area," Palisade Mayor Roger Granat said before making a motion to deny. "I can't support this."

Granat argued if one commercial business goes in the area — located north of West First Street and west of 37 8/10 Road — more could follow.

"This decision is not based on any particular business, this is strictly a rezoning issue," Palisade Trustee Jamie Somerville said before seconding the motion.

The rezoning application was denied by the Board of Trustees in a 5-1 vote on Tuesday night.

It was previously denied 5-1 by the Palisade Planning Commission.

Cox's application for the retail marijuana store, to be called Herban Legend, would be the third to open in town in the past few years.

This followed a decision by the Palisade trustees to allow for three marijuana businesses after voters approved retail marijuana in 2016. One license went to existing medical marijuana store, Colorado Alternative Health Care, which opened Colorado Weedery.

The other two businesses were drawn in a bingo-style lottery in order to randomly choose applications. Cox's application and the application for Happy Camper, which opened in June, were selected.

At Tuesday's hearing, Cox addressed many of the complaints on his application brought up in letters submitted to the board as well as in comments made that night, believing the property was well suited for the rezoning.

He indicated the retail shop would be moved near the entrance to Palisade once the license is received.

In order for rezoning to be approved, it needed to be consistent with the town's adopted plans and policies. It couldn't have an adverse effect on adjoining property owners unless justified by the overwhelming public good and welfare and no one property owner could benefit materially from the change to the detriment of the general public.

Several citizens voiced their concerns regarding a rezone and the ramifications it could have on downtown residents and visitors.

"Our zoning regulations were established for a reason," a letter from Palisade resident Dawn Carstens reads. "Careful thought went into these designations. Prevention of this kind of change was why the zoning of this parcel of land was agriculture. Business should be in the business area of our town."

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