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HomeMy WebLinkAboutordinance.council.02-25ORDINANCE #02 SERIES OF 2025 AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING CITY OF ASPEN LAND USE CODE SECTION'S 26.104.100 — DEFINITIONS, 26.104.110 — USE CATEGORIES, AND 26.212.060 — MEETINGS, HEARINGS AND PROCEDURE, 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, Proposition 122 - Natural Medicine Health Act 2022 (the Act) was passed by voters in 2022 and subsequently, Colorado Senate Bill 23-290, titled Natural Medicine Regulation And Legalization, was signed by Governor Polis May 23, 2023 and created a regulatory and licensing framework for Natural Medicine Businesses; and, WHEREAS, per the Act, local governments may regulate the time, place, and manner of operation of medicine businesses but cannot ban 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, City Council gave staff direction to amend the Land Use Code (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 Section 26.104.110 — Use Category, which now includes `natural medicine business' as an allowed use within the `Offices uses' section; and, WHEREAS, staff has introduced a new definition for `Natural Medicine', `Natural Medicine Product', and `Natural Medicine Business' which is verbatim from the Act within Section 26.104.100 — Definitions; and, WHEREAS, during the December 3, 2024, Planning and Zoning Commission (P&Z) meeting, a majority of the P&Z gave staff direction to initiate the steps required in amending the LUC meeting date of the P&Z from the first and third Tuesday of the month to the first and third Wednesday of the month and, WHEREAS, P&Z wishes to hold meetings in Council Chambers for greater space for the public and efficiency of meeting room use as to not conflict with City Council meetings and the Spring 2025 election use of Pearl Pass; and, WHEREAS, on January 7, 2025, P&Z approved Resolution #01, Series of 2025 by a six to one (6-1) vote recommending City Council consider and approve amending Section 26.212.060 — Meetings, hearings and procedures; and, Ordinance #02, Series of 2025 Proposition 122 Response and P&Z Meeting Day Change Page 1 of 4 WHEREAS, at a regular meeting on February 11, 2025, City Council by a five to zero (5-0) vote, approved Ordinance #02, Series of 2025 on First Reading; and, WHEREAS, at a regular scheduled meeting and properly noticed public hearing on February 25, 2025, Council heard a presentation from city staff, considered public comment, and, City Council by a five to zero (5-0), approved Ordinance #02, Series of 2025 on Second Reading; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Section's 26.104.100 and 26.104.110 — Proposition 122 Response The following shall be included in Section 26.104.100 — Definitions. Natural Medicine. As defined by State Statute to include psilocybin/psilocyn, as well as, if approved for use by the state at a later time, each of the following: dimethyltryptamine; ibogaine; and mescaline. The definition does not include synthetic or synthetic analogs of these substances. Nor does it include peyote. 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; ii. A Natural Medicine Cultivation Facility; iii. A Natural Medicine Products Manufacturer; iv. A Natural Medicine Testing Facility. Additionally, Section 26.104.110 — Use Category, Office uses, shall be rescinded and readopted as follows: Characteristics A type of land use, or any building or portion thereof, involving the establishment, transaction and delivery of business, medical, or professional activities or services to the general public. Examples Examples include advertising or insurance agencies, medical and dental offices, natural medicine business, clinics, and laboratories, architecture, land planning or other professional offices, publishing, and real property sales or management companies. Accessory Accessory uses may include common kitchen, health facilities, parking, or Uses other amenities exclusively for the use of employees in the business or building, maintenance facilities for the uses on the site, parking, and garbage, trash and recycling areas consistent with City Code Chapter 12.04. Ordinance #02, Series of 2025 Proposition 122 Response and P&Z Meeting Day Change Page 2 of 4 Exceptions Offices that are part of and are located with a business in another category are considered accessory to the firm's primary activity and must be subordinate to that use. Contractors and others who perform services off -site are included in the Office category if equipment and materials are not stored on the site and fabrication, services, or similar work is not carried on at the site. Section 2: Section 26.212.060 — P&Z Meeting Day Change Request Section 26.212.060. - Meetings, hearings and procedure shall 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 maybe 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. �pvtinn i-- Any scrivener's errors contained in the code amendments herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. Section 4: This ordinance 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 5: If any section, subsection, sentence, clause, phrase, or portion of this ordinance 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. Section 6: A public hearing on this ordinance was held on the 25t' day of February, 2025, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED AND READ, as provided by law, by the City Council of the City of Aspen on the 11t" day of February 2025. Ordinance #02, Series of 2025 Proposition 122 Response and P&Z Meeting Day Change Page 3 of 4 ATTEST: L� Nicole Henning, City 4tlerk 1 Torre, Mayor FINALLY, adopted, passed and approved this 25th day of February 2025. ATTEST: Nicole Henning, City Verk APPROVED AS TO FORM: Ja es R. True, City Attorney ** 7� Torre, Mayor Exhibit A — Section's 26.104.100 and 26.104.100 Redlines (Prop 122 Response) Exhibit B — Section 212.060 Redlines (P&Z Meeting Day Change Request) Ordinance #02, Series of 2025 Proposition 122 Response and P&Z Meeting Day Change Page 4 of 4 Exhibit A 26.104.100 — Definitions. Natural Medicine. As defined by State Statute to include psilocybin/psilocyn, as well as, if approved for use by the state at a later time, each of the following: dimethyltiyptamine; ibogaine; and mescaline. The definition does not include synthetic or synthetic analogs of these substances. Nor does it include peyote. 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; ii. A Natural Medicine Cultivation Facility; iii. A Natural Medicine Products Manufacturer; iv. A Natural Medicine Testing Facility. Section 26.104.110 — Use Category Office uses. Characteristics A type of land use, or any building or portion thereof, involving the establishment, transaction and delivery of business, medical, or professional activities or services to the general public. Examples Examples include advertising or insurance agencies, medical and dental offices, natural medicine business, clinics, and laboratories, architecture, land planning or other professional offices, publishing, and real property sales or management companies. Accessory Accessory uses may include common kitchen, health facilities, parking, or other amenities Uses exclusively for the use of employees in the business or building, maintenance facilities for the uses on the site, parking, and garbage, trash and recycling areas consistent with City Code Chapter 12.04. Exceptions Offices that are part of and are located with a business in another category are considered accessory to the firm's primary activity and must be subordinate to that use. Contractors and others who perform services off -site are included in the Office category if equipment and materials are not stored on the site and fabrication, services, or similar work is not carried on at the site. Exhibit B Sec. 26.212.060. - Meetings, hearings and procedure. (a) Regular meetings of the Commission shall be held on the first and third Tuesday 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.