HomeMy WebLinkAboutresolution.council.005-25RESOLUTION #005
SERIES OF 2025
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL ADOPTING
POLICIES AUTHORIZING AMENDMENTS TO LAND USE CODE SECTION'S
26.104.100 — DEFINITIONS, 26.104.110 — USE CATEGORIES, 26.212.060 —
MEETINGS, HEARINGS AND PROCEDURE, AND OTHER SECTIONS OF THE
LAND USE CODE AS NECESSARY FOR COORDINATION RELATED TO A
CITY COUNCIL DIRECTED RESPONSE TO COLORADO SENATE BILL 23=290
- PROPOSITION 122 AND A REQUEST BY THE PLANNING AND ZONING
COMISSION TO CHANGE THE MONTHLY MEETING DATE
WHEREAS, pursuant to Section 26.310.020(A), a Policy Resolution is required to
initiate the process of amending the City of Aspen Land Use Code (LUC); and,
WHEREAS, Section's 26.104.100 —Definitions, 26.104.110 —Use Categories,
and 26.212.060 — Meetings, hearings and procedure, and other sections of the LUC as
necessary for coordination, will be proposed for amendments; and,
WHEREAS, Proposition 122 - Natural Medicine Health Act 2022 (The Act) was
passed by voters in 2022, subsequently Colorado Senate Bill 23-290 amended the Act and
created a regulatory and licensing framework; as of January 1, 2025, the state of Colorado
offers regulated psychedelic -assisted therapies with State-wide established guidelines and
licenses; and,
WHEREAS, local governments may regulate the time, place, and manner of
operation of natural medicine businesses but cannot all or prohibit the natural medicine
businesses or the personal use of allowed substances in their communities; and,
WHEREAS, during a City Council Work Session on November 18, 2024, Council
gave staff direction to amend the LUC to regulate the allowance of place within the
Commercial Core; and
WHEREAS, staff has responded to City Council's request by proposing
amendments to include `natural medicine business' as an allowed use within the `Offices
uses' Use Category within Section 26.104.110 and proposed amendments to other
interrelated sections as provided in Section 1 and 2; and,
WHEREAS, per Section 26.310.020.A.2 of the City of Aspen LUC, "the Planning
and Zoning Commission may initiate an amendment to the Land Use Code, as provided
for in Chapter 26.212, Planning and Zoning Commission"; and,
WHEREAS, on December 3, 2024, the Planning and Zoning Commission gave staff
direction to initiate the steps needed for a formal LUC amendment moving the commission's
Resolution #005, Series of 2025
Land Use Code Amendments
Policy Resolution
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monthly meetings from the first and third Tuesday to the first and third Wednesday of the
month; and,
WHEREAS, moving the commission's monthly meeting days gives greater access
to City Council Chambers which provides enhanced space and efficiency of meeting room
use, lessens City Hall room conflict due to the 2025 spring election cycle, decreases overlap
between City Council meetings and commission meetings, and compliments the Historic
Preservation Commission's monthly meetings which are set to the second and fourth
Wednesday of the month; and,
WHEREAS, Community Development staff proposed edits to Section 26.212.060.
- Meetings, hearings and procedure, removing the word `Tuesday' and introducing the
word "Wednesday' as provided in Section 3; and
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public
hearing on January 14, 2025, the City Council approved Resolution #005, Series of 2025, by
a XX to XX (X-X) vote, requesting a code amendment to the Land Use Code; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department, following approval of this Policy Resolution will conduct a limited public
outreach effort to inform the public, property owners, and members of the development
community; and,
WHEREAS, this Resolution does not amend the Land Use Code, but provides
direction to staff for amending the Land Use Code; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary for
the promotion of
HEREF
EN AS F
on 1:
cil appro
2. Section 26.
ection 26.
104.110.0 —Offices uses
3. S212.060 -Meetings, hearings and procedure
Section 29026.104
6.104.10
.100 —DEFINITIONS
Section 20 —New proposed definitions to be included:
Natural Medicine.
for used As defined by State Statute to include psilocybin/psilocyn, as well as, if
approved by the state at a later time, each of the following: dimethyltryptamine;
ibogaine; anmescaline. The definition does not include synthetic or synthetic analogs of
these substances. Nor does it include peyote.
Resolution #005, Series of 2025
Land Use Code Amendments
Policy Resolution
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Natural Medicine ProduCt. As defined by State Statute means products infused with natural
medicine that is intended for consumption.
Natural Medicine Business. As defined by State Statute, "Natural Medicine Business" means
any of the following businesses licensed pursuant to the Natural Medicine Code.
i. A Natural Medicine Healing Center;
11. A Natural Medicine Cultivation Facility;
iii. A Natural Medicine Products Manufacturer;
iv. A Natural Medicine Testing Facility.
Section 3: 26.104.110 —USE CATEGORIES
Section 26.104.110.0 - Offices uses, Examples, is proposed to be rescinded and readopted as
follows:
(c) Definitions
Offices uses.
Examples
Examples include advertising or insurance agencies, medical and dental offices, natural
medicine usiness, clinics, and laboratories, architecture, land planning or other professional
offices, publishing, and real property sales or management companies.
Section 4: 26.212.060 —MEETINGS, HEARINGS AND PROCEDURE
Section 26.212.060 - Meetings, hearings and procedure., is proposed to be rescinded and
readopted as follows:
(a) Regular meetings of the Commission shall be held on the first and third Wednesday
of each month. Special meetings may be called by the chairperson of the Commission, a
majority of the members of the Commission, the Mayor, a majority of the City Council or
staff.
(b) All meetings and hearings of the Commission shall be open to the public.
(c) Public hearings shall be set for a date and time certain.
Section 5:
This resolution shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the resolutions or ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded under
such prior resolutions or ordinances.
Section 6:
Resolution #005, Series of 2025
Land Use Code Amendments
Policy Resolution
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If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
FINALLY, adopted this 14th day of January, 2025
Torre, Mayor
ST:
Nicole Henning, City Clerk
APPROVED AS TO FORM:
James R True, City Attorney
Resolution #005, Series of 2025
Land Use Code Amendments
Policy Resolution
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