On April 1, the Archuleta County Board of County Commissioners (BoCC) unanimously approved Resolution 2025-23, approving amendments to three different sections of the Archuleta County Land Use Regulations (LUR).
The amended sections include Section 3-Zoning, Section 5-Development Standards and Section 11-Definitions.
Development Director Pamela Flowers explained that the resolution accomplishes two things, with the “primary purpose” being to institute regulations related to the time, place and manner of how natural medicines are regulated in the county. The secondary item in the resolution institutes the use of commercial kitchens.
Flowers explained that before approving the resolution, the LUR did not include a commercial kitchen in its use by zoning district table, adding that there are individuals in the county interested in having a commercial kitchen as part of their home business.
She noted that she was proposing a simpler process compared to a board conditional use permit in order to allow for commercial kitchen use in a home business.
Flowers explained that the terms “kitchenette,” “commercial kitchen” and “residential kitchen” were being added to Section 11.
Commissioner Veronica Medina interjected, stating that things seemed out of place and that it sounded like two separate changes were being grouped together.
“It feels like we’re cooking marijuana,” Medina said, explaining she understood why the additional definitions were being added in regard to kitchen uses.
Flowers explained that the definitions were “not that specific” and the two changes are not linked to one another.
Commissioner Warren Brown explained that the definitions section of the LUR is to be able to reference those words when they appear in any other section of the LUR.
“If I were the creator, I would not have created it this way,” Brown added.
Flowers went on to explain that “medical marijuana caregiver” and “natural medicine” were also added.
Other terms added in regard to natural medicine include natural medicine business, natural medicine healing center, natural medicine caregiver facility, natural medicine product manufacturer, natural medicine testing facility, natural medicine facilitator, natural medicine product, natural medicine services, preparation session, administration session, integration session and regulated natural medicine.
Flowers indicated that the definitions for those terms were pulled from the state statute regulating natural medicine use and that the addition of natural medicine regulations mirrors the county’s regulations for marijuana.
According to the approved amendments, natural medicine “includes natural forms of psilocybin, psilocin, dimethyltryptamine, ibogaine, mescaline, not including synthetic or synthetic analogs of these substances, and not including peyote pursuant to C.R.S. 44-50-103(13).”
Commissioner John Ranson asked his fellow commissioners if there was any interest in grouping churches with schools and child care facilities in having natural medicine businesses and retail marijuana stores not located within 1,000 feet of any of those property boundaries.
“Do we want these next door to a church?” Ranson asked, noting that it wasn’t a “big deal,” but that he wanted to see if it was something the BoCC would consider.
Neither Brown nor Medina replied in favor or against Ranson’s suggestion.
Churches were not included in the final approved amendments.
One public comment on the matter was received from Dana Tysconyea StarByrd, who expressed interest in establishing a spiritually based holistic integrative retreat center in Archuleta County that would offer services to veterans who would stay for anywhere between three days to one year on the property.
“The way your rules are written right now for the natural medicine would not allow me to do the project I would like to bring to your area there,” she said.
She explained that she has worked with veterans out of Gallup, N.M., who have expressed that the spiritual aspect of care is missing for veterans.
“So, I’m working on creating that for our veterans,” she added.
She went on to explain that she is seeking a property in a natural environment where commercial zoning would not allow for that, also noting that traditional food farming will also be occurring on the property.
Flowers explained that the issue is that StarByrd is looking for a property that is likely zoned as agricultural ranching, which in the current zoning use table does not allow for a retreat center.
Flowers noted that a “wilderness lodge permit” could be a way for StarByrd to run her retreat center, which would have to go to the BoCC for final approval.
Brown commented that he would like the county to approach this “in a cautious way” and see how it plays out in the community before committing to any big zoning changes, stating that replacing agricultural land with natural medicine “will bring strong opinions from the community.”
He added, “I think this is a pretty significant step that we’re taking today.”
Medina turned to county attorney Todd Weaver for his thoughts on the matter, with Weaver indicating that StarByrd’s proposed plan could potentially fall under personal use, though that would limit her to growing natural medicine in an enclosed and locked 12-foot-by-12-foot space.
Weaver also indicated that advertising natural medicine use could not occur under personal use definitions.
Before voting to approve the changes, Ranson commented that it’s not necessarily a “no” to StarByrd’s request.
He encouraged her to stay in contact with the Planning Department.
The changes were initially introduced during an Archuleta County Planning Commission meeting held on Feb. 27, with the planning commission unanimously recommending them for approval.
Some of the concerns brought up by planning commissioners included the language around commercial kitchen use in residential areas, with planning commissioner David Pribble expressing that there are multiple businesses in the county that operate on a “pantry license.”
Pribble explained that businesses operating on a pantry license may not necessarily be in a commercial kitchen type of space, and that the proposed changes would require a commercial kitchen space.
Flowers mentioned that the wording could be changed to state that any home occupation preparing food must be conducted in a commercial kitchen when required by the Colorado Department of Public Health and Environment, the county’s public health department and adopted fire codes.
She explained that pantry licenses are issued through the health department and that it would be a separate category, so that as long as the public health department requirements are met, businesses will be able to continue operating with a pantry license.
Planning commissioner Andrei Redstone also expressed concerns on the lack of “off-gassing” regulation with marijuana and natural medicine cultivation centers, stating, “It’s a problem.”
Flowers explained that marijuana and natural medicine cultivation facilities have to be permitted by the state and that the county does not have the resources to do any off-gassing testing.
She noted that the county can report an issue to the state and the state has the ability to come out and test off-gassing at a property.
“We don’t have means of being able to measure that,” Flowers said.
clayton@pagosasun.com
