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08-28-23-R
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08-28-23-R
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2) Land Use Chart within Section 1320.05 would be amended to include Lower -Potency <br />Hemp Edible Sales: <br />a. Add a land use category for Lower -Potency Hemp Edible Sales as a Conditional <br />and Accessory Use under the B-2, B-3, B-4, and GB Zoning Districts. <br />3) Amend Section 1325.02, Accessory Uses <br />a. Create a new Subdivision 6 that establishes the requirements and criteria for Lower - <br />Potency Hemp Edible Sales as an accessory use on a property where the principal use <br />is Retail Sales & Service, Restaurant, or Service Station. <br />Proposed language: <br />A. Lower -Potency Hemp Edible Sales shall be a Conditional Accessory use only <br />permitted in the B-2 General Business, B-3 Service Business, B-4 Retail Business, <br />and GB Gateway Business Zoning Districts. <br />B. Applicants for Conditional Accessory Lower -Potency Hemp Edible Sales shall <br />follow the conditional use permit procedures prescribed in Section 1355.04, subd. <br />3, and Appendix A, Procedure Manual. The City shall review a site plan and <br />specifics of the proposed lower -potency heMp edibles business and may issue the <br />permit subject to, but not limited to, the following, requirements: <br />1. Lower -potency hemp edible sales shall only be permitted as an accessory <br />use on a Subject Property where the principal use is Retail Sales & <br />Service, Restaurant, or Service Station, and when such accessory use is <br />clearly incidental to the principal use. <br />2. The Subject Property shall not be located within 1,000 feet of any school. <br />3. The Subject Property shall not be located within 500 feet of any property <br />providing day care or residential treatment services, or an attraction within <br />a public park that is regularly used by minors including a playground or <br />athletic field. <br />4. No lower -potency hemp edible sales shall occur between the hours of <br />10:00 p.m. and 8:00 a.m. the following day. <br />Planning Commission Review <br />The Planning Commission reviewed this application at the August 9, 2023 meeting. The <br />Commission voted 6-0 (Commissioner Mitchell was absent) to recommend approval of Planning <br />Case 23-014 with amendments. The Commission added amendments to recommend adding <br />Lower -Potency Hemp Edible Sales as a Conditional Accessory use in the B-2, B-4 and GB Zoning <br />Districts and to permit Lower -Potency Hemp Edible Sales as an accessory use on a Subject <br />Property where the principal use is also a Restaurant or a Service Station. The Commission <br />discussed allowing Lower -Potency Hemp Edible Sales as a principal use and reducing/removing <br />the distance separation for subject properties and asked the City Council to consider these points <br />as part of the ordinance review. <br />Public Notice and Comments <br />Page 5 of 6 <br />
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