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08-28-23-R
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08-28-23-R
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ARDEN HILLS PLANNING COMMISSION — August 9, 2023 5 <br />the City Attorney's Office to prepare the ordinance language for a moratorium prohibiting the <br />sale of Adult Use Cannabis products as allowed under the state law. Staff anticipates this <br />discussion will be reviewed by the City Council at their second regular meeting in August. For <br />this discussion, the Planning Commission is being asked to review and consider ordinance <br />language as it relates solely to lower -potency THC products. <br />Community Development Director Jagoe explained under new State law lower -potency THC <br />hemp products in the form of edibles or beverages could be sold anywhere in the city, including <br />exclusive liquor stores. Without any changes to the city code after August 22, 2023, a business <br />could begin selling lower -potency hemp products as part of their retail operations. Staff reviewed <br />the lower -potency edible cannabinoid products (per the Minnesota Department of Health). <br />Community Development Director Jagoe stated at their June 20th and July 17th work sessions, <br />the City Council discussed options for how the City may move forward with regulating the sales <br />of lower -potency hemp edibles when the moratorium expires. The general consensus of the City <br />Council was to establish a new land use classification specific to the sale of lower -potency hemp <br />edibles in our commercial zoning districts mainly along Lexington Avenue at the initial onset <br />with a separation of land use from schools, day cares, parks, etc. as allowed by State Statute. <br />Staff worked with the City Attorney's Office to prepare a draft ordinance reflective of their <br />comments. <br />Community Development Director Jagoe reported the City Council reviewed the first draft <br />ordinance at their July meeting. During that discussion, the Council considered other types of <br />land uses in addition to Retail Sales and Service that might have the potential of selling lower - <br />potency hemp products such as a gas station or a restaurant. Staff confirmed that the draft <br />ordinance as written would not include these types of businesses since they are a separate land <br />use type. However, a liquor store may qualify as a retail land use. Staff provided an overview of <br />existing retail businesses along Lexington Avenue within the B-3, General Business District as <br />well as the area along County Road E between Lexington Avenue and Snelling Avenue that falls <br />under the B-2, General Business Zoning District. Under the city code, Retail Sales and Service is <br />a permitted use in the following zoning districts: B-2 - General Business, B-3 - Service Business, <br />and B-4 - Retail Center. For the Planning Commission, staff has included with this report several <br />maps identifying the parcels located within each of these zoning districts. The new State law and <br />any future ordinance change would apply to both existing and new businesses in Arden Hills. <br />Community Development Director Jagoe stated the main topics of discussion during the work <br />session were the delineation of where lower potency hemp sales would be allowed (ex. B-2 <br />and/or B-3 zoning districts) and regulating solely as an accessory use to a retail business. The <br />City Council directed staff to bring forward the proposed ordinance to the Planning Commission <br />for the first review and to hold a public hearing in order to solicit your recommendation on this <br />language. Following the public hearing, the draft ordinance language with the recommendation <br />of the Planning Commission would be brought to the City Council for subsequent discussion and <br />adoption. If the Commission has any suggested change(s) to the draft language that should be <br />brought forward as part of the motion language. It should be noted that at the subsequent regular <br />City Council meeting, a Councilmember commented that the upcoming lower -potency hemp <br />discussions should also consider allowing the ability to sell as an accessory use for Service <br />Stations and potentially within the Gateway Business District. <br />
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