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potential overlap of parcels which might trigger the distance separation (Attachment D). The blue outline around the parcels is the 500 or 1000-foot distance around that zoning district. The green outline is the overlap of a parcel within that zoning district that is operating either a school, day care, or public park. Only the portion of the green area that overlaps within the zoning district would not be eligible for the sale of lower -potency hemp edibles. The presence of a parcel within the specific distance operating one of those land uses would not preclude the entire district. Planning staff has confirmed with the City Attorney that the distance for separation of uses is most often times measured from property line to property line. A rationale for administering this provision in this manner is that kids may be present on an entire property (ex. playground), not just inside a building. The City Council should discuss if this is how city staff would continue to analyze the separation of uses. As shown in Attachment D for the Gateway Business Zoning District there is a unit in Arden Manor that is operating a licensed day care. Staff has shown two examples measuring 500 feet. The first example is as measured from the structure (i.e. area owned by the day care provider), not from the underlying property line of Arden Manor. The second is the measurement from the property line to property line. In example one, staff was able to measure from the structure within Arden Manor primarily due to the fact these units have individual parcel ID's as recorded with the Ramsey County Recorder's Office. It would be challenging to measure from unit to unit in scenarios that are leased multi -tenant spaces like those along Lexington Avenue where for recorded purposes the site functions as one building. Additionally, if the separation of use was measured to the unit rather than the property line in multi -tenant leased spaces, only a portion of the building may be excluded. In this scenario, there could be the potential of a unit that is excluded from selling lower -potency hemp edibles adjacent to a unit that would comply outside of the 500 feet within the same building. Lastly, the Planning Commission was split in their deliberation on whether or not to recommend language on allowing Lower -Potency Hemp Edible Sales as a principal use and removing the distance separation. Their motion reflects their unanimous recommendation to expand the zoning districts where lower -potency hemp edibles sales would be allowed, and to remain as an accessory use, but to also include that allowance for restaurants and service stations. The applicable Sections to be amended are as follows: • Section 1305.04, Zoning Code Definitions • Section 1320.05, Land Use Chart in the B-2, B-3, B-4, and GB Zoning Districts • Section 1325.02, Accessory Uses Proposed Ordinance Lane: 1) Add definitions relevant to the Sale of Lower -Potency Hemp Edibles a. Hemp Concentrate b. Hemp -Derived Consumer Product c. Hemp Plant d. Lower -Potency Hemp Edible e. Lower -Potency Hemp Edible Sales f. Nonintoxicating Cannabinoid Page 4 of 6