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Alamosa council advances less-restrictive zoning rules for natural medicines on first reading, 4-2

2090766 · January 9, 2025
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Summary

On first reading Council chose the less-restrictive option (version A) for incorporating Prop 122-era natural medicines into the Unified Development Code; the measure sets zoning, hours and use categories for healing centers, processing and testing and schedules a second reading and public hearing.

The Alamosa City Council voted 4-2 on Dec. 18 to move forward on a less-restrictive zoning approach for natural medicines permitted under Colorado’s Prop 122, setting a second reading and public hearing in January.

Staff said local governments may regulate only the time, place and manner for natural-medicine businesses and cannot ban lawful personal use or private cultivation within state law. ‘‘We can only regulate the time, place, and manner. We cannot ban the use of, these natural medicines,’’ a staff presenter told councilors as the ordinance was introduced.

Councilors reviewed two alternatives. Staff and the council majority favored treating healing centers as specialized counseling or doctor’s-office uses, allowing them in commercial business districts and some industrial zones; planning commissioners had recommended a more restrictive approach, treating healing centers akin to adult-oriented businesses and limiting locations to parts of the industrial park. Processing uses were proposed for light-industrial zoning under the staff-preferred approach; the planning commission recommended heavier industrial regulation.

Councilor Jan Vigil moved to introduce Ordinance No. 35-2024 on first reading using the less-restrictive alternative and to set a second reading and public hearing for Jan. 15. The motion passed 4-2. The clerk announced the motion passed with Mayor Coleman and Councilor Carson casting the no votes.

Councilors were explicit that the city’s zoning choices must align with state law and that further refinements could be made at second reading.