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08-28-23-R
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08-28-23-R
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potential overlap of parcels which might trigger the distance separation (Attachment D). The blue <br />outline around the parcels is the 500 or 1000-foot distance around that zoning district. The green <br />outline is the overlap of a parcel within that zoning district that is operating either a school, day <br />care, or public park. Only the portion of the green area that overlaps within the zoning district <br />would not be eligible for the sale of lower -potency hemp edibles. The presence of a parcel within <br />the specific distance operating one of those land uses would not preclude the entire district. <br />Planning staff has confirmed with the City Attorney that the distance for separation of uses is most <br />often times measured from property line to property line. A rationale for administering this <br />provision in this manner is that kids may be present on an entire property (ex. playground), not <br />just inside a building. The City Council should discuss if this is how city staff would continue to <br />analyze the separation of uses. As shown in Attachment D for the Gateway Business Zoning <br />District there is a unit in Arden Manor that is operating a licensed day care. Staff has shown two <br />examples measuring 500 feet. The first example is as measured from the structure (i.e. area owned <br />by the day care provider), not from the underlying property line of Arden Manor. The second is <br />the measurement from the property line to property line. In example one, staff was able to measure <br />from the structure within Arden Manor primarily due to the fact these units have individual parcel <br />ID's as recorded with the Ramsey County Recorder's Office. It would be challenging to measure <br />from unit to unit in scenarios that are leased multi -tenant spaces like those along Lexington Avenue <br />where for recorded purposes the site functions as one building. Additionally, if the separation of <br />use was measured to the unit rather than the property line in multi -tenant leased spaces, only a <br />portion of the building may be excluded. In this scenario, there could be the potential of a unit <br />that is excluded from selling lower -potency hemp edibles adjacent to a unit that would comply <br />outside of the 500 feet within the same building. <br />Lastly, the Planning Commission was split in their deliberation on whether or not to recommend <br />language on allowing Lower -Potency Hemp Edible Sales as a principal use and removing the <br />distance separation. Their motion reflects their unanimous recommendation to expand the zoning <br />districts where lower -potency hemp edibles sales would be allowed, and to remain as an accessory <br />use, but to also include that allowance for restaurants and service stations. <br />The applicable Sections to be amended are as follows: <br />• Section 1305.04, Zoning Code Definitions <br />• Section 1320.05, Land Use Chart in the B-2, B-3, B-4, and GB Zoning Districts <br />• Section 1325.02, Accessory Uses <br />Proposed Ordinance Lane: <br />1) Add definitions relevant to the Sale of Lower -Potency Hemp Edibles <br />a. Hemp Concentrate <br />b. Hemp -Derived Consumer Product <br />c. Hemp Plant <br />d. Lower -Potency Hemp Edible <br />e. Lower -Potency Hemp Edible Sales <br />f. Nonintoxicating Cannabinoid <br />Page 4 of 6 <br />
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