Pueblo council narrows draft zoning rules for natural medicine businesses, directs staff to limit residential siting

Scott Hoffman, acting director of planning and community development, briefed the Pueblo City Council on Feb. 3 about a draft zoning amendment to implement the state natural medicine law (Senate Bill 23-290, Proposition 122). The state-law framework authorizes four types of licensed businesses statewide — healing centers, cultivation centers, testing facilities and manufacturing facilities — and allows local governments to regulate place, manner and time but not to prohibit the businesses outright.

Why it matters: Proposition 122 decriminalized certain naturally occurring psychedelic substances while creating a licensing structure at the state level. Local zoning choices will determine where healing centers and related operations can legally open in Pueblo and how close they can be to schools and child-care facilities.

Hoffman said staff research of the Department of Regulatory Agencies records showed limited statewide interest so far, with applications concentrated in the Denver area: "to date, we have had 0 inquiries for any of these types of licenses within the city of Pueblo," he said. Staff reported seven healing-center applications statewide, three cultivation applications, one manufacturing and one testing application as of late January; those filings were concentrated in Denver, Aurora, Centennial and Lakewood.

Under the draft ordinance reviewed by the Planning and Zoning Commission, healing centers would be allowed by right in several nonresidential zone districts, including higher-intensity business and business-park districts, as well as certain multiple-residential and neighborhood-office districts (R5, R6, O-1, B1-B4 and business park). Cultivation, testing and manufacturing facilities would be limited to business-park and industrial districts (I-1 through I-3).

Several councilors urged tighter limits. President Mark Aliff and Councilor Flores said healing centers should not be allowed in residential or neighborhood-office zones; Councilor Flores and others asked that healing centers be treated the same as cultivation and manufacturing — restricted to industrial or business-park districts and not permitted near homes. Council members asked staff to map child-care homes in addition to child-care centers, because those addresses would expand the buffer areas when included.

Staff outlined the buffer options. The draft ordinance proposed a 1,000-foot buffer from any school that holds classes and from child-care centers; staff noted child-care homes had not yet been mapped but would be added and would enlarge the buffered areas. Hoffman and city attorney Carla Sykes advised council that buffers that are so large they effectively prohibit operations citywide could raise legal challenges; the city must adopt regulations that are reasonable and that do not conflict with state law.

Council direction: Several councilors asked staff to revise the ordinance to remove residential zone districts and to limit healing centers to larger commercial (B3/B4) and industrial zone districts with the 1,000-foot buffer to schools and child-care facilities; staff agreed to prepare alternative maps (including 1,200- and 1,500-foot buffers) and to add child-care homes to the buffer maps. The council also asked staff to check whether those redrafts would require another referral back to the Planning and Zoning Commission or could be handled by amendment at council.

Ending: Staff will return with revised ordinance language, buffer maps that include child-care homes and legal guidance on whether additional planning commission review is required before a final council vote.