08-09-23 PC Agenda - Laserfiche WebLink

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Page 5 of 6 3. The Subject Property shall not be located within 500 feet of any property providing day care or residential treatment services, or an attraction within a public park that is regularly used by minors including a playground or athletic field. 4. No lower-potency hemp edible sales shall occur between the hours of 10:00 p.m. and 8:00 a.m. the following day. An ordinance amendment to the Zoning Code does require a public hearing before the Planning Commission. Findings of Fact The Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: General Findings: 1. The City of Arden Hills is proposing to amend ordinance language to allow for lower- potency hemp edible sales in the zoning code as a conditional accessory use within the B- 3 Zoning District. 2. The proposed ordinance will include amendments to the language of Chapter 13 – Zoning Code, Sections 1305.04 - Definitions, 1320.05 – Land Use Chart, and 1325.02 – Accessory Uses of the City Code. 3. The proposed ordinance amendments will allow lower-potency hemp edible sales as a conditional accessory use where the principal use is Retail Sales & Service. 4. The proposed ordinance amendments are consistent with State law for the City’s authority to regulating the sale of lower-potency hemp edibles under the zoning code. 5. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 6. If the zoning amendments were approved, an Applicant would be required to submit a land use application that would be subject to the formal review process. Options and Motion Language Staff has provided the following options and motion language for this case. The Planning Commission should consider providing additional findings of fact as part of the motion to support their recommendation for approval or denial. • Recommend Approval: Motion to recommend approval of Planning Case 23-014 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow the Sale of Lower-Potency Hemp Edibles as a Conditional Accessory Use in the B-3, Service Business Zoning District, based on the findings of fact and as presented in the August 9, 2023 Report to the Planning Commission.