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Staff outlines zoning edits to implement City Council response to Prop. 122; limits local role to time, place and manner
Summary
Long‑range planning staff briefed the commission on two code amendments: shifting Planning & Zoning meeting days and zoning edits responding to Proposition 122 that would confine where natural medicine businesses could operate (including 1,000‑foot buffers from schools); staff said the state preempts local licensing so the local rules are limited to time, place and manner.
Long‑range planning staff told the commission they will forward two code amendments to City Council: one to change Planning & Zoning meeting days, and a second to implement City Council direction responding to Proposition 122. Staff said the state legalized certain natural medicines and largely preempted local licensing, so the city's draft code edits are limited to where and how natural medicine businesses could operate within Aspen.
A staff member summarized the legal limit on local authority: "So proposition 122 legalized, psilocybin and other quote, unquote, natural medicine." Staff explained the city is proposing to add natural medicine businesses under an existing office‑use category and limit permissible zone districts; staff also showed maps with the city’s 1,000‑foot buffer from schools and childcare facilities. Staff recommended the code amendments go to first reading on Feb. 11 with a second reading at the council’s second February meeting, and invited commissioners to provide public comment at council if they wish to speak outside their HPC role.
