08-09-23 PC Minutes - Laserfiche WebLink

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ARDEN HILLS PLANNING COMMISSION – August 9, 2023 4 Chair Vijums supported this language change. Chair Vijums opened the public hearing at 6:57 p.m. Chair Vijums invited anyone for or against the application to come forward and make comment. There being no comments Chair Vijums closed the public hearing at 6:57 p.m. Commissioner Weber moved and Commissioner Bjorklund seconded a motion to recommend approval with amendments of Planning Case 23-013 for Zoning Code Amendments to Chapter 13 in Section 1325.05- Subd. 4.D of the Arden Hills City Code to add language in the city code establishing criteria for a temporary and permanent fence in all zoning districts as well as set a maximum height for fences in the Business and Industrial Zoning Districts as presented in the August 9, 2023 Report to the Planning Commission with draft ordinance language changes to allow temporary fencing to be in place for 150 days and for the last sentence of the third bullet point to read: silt and or construction fencing associated with a permit issued by the City is exempt from a zoning permit as a temporary fence. The motion carried unanimously (6-0). B. Planning Case 23-014; Zoning Code Amendment to Chapter 13, Section 1325.02, Accessory Uses – Lower-Potency Hemp Edible Sales – Public Hearing Community Development Director Jagoe stated that on July 1, 2022, the Minnesota Legislature adopted an amendment that permits the sale of edible cannabinoid products that contain no more than 0.3% of tetrahydrocannabinol (a derivative of hemp). The amendment was enacted with very few regulations in place. Several cities adopted a moratorium in order to allow adequate time to study the matter. On August 22, 2022, the City of Arden Hills adopted Interim Ordinance 2022-006 establishing a one-year moratorium prohibiting the sale, testing, manufacturing, and distribution of products containing tetrahydrocannabinol (THC). It is important to note this moratorium does not apply to products containing THC related to the Medical Cannabis Program as administered by the Minnesota Department of Health, provided the activity is conducted in accordance with state law regarding medical cannabis. Interim Ordinance 2022-006 will expire on August 22, 2023. Community Development Director Jagoe reported as of May 31, 2023, there has also been a recent state law change relating to adult use marijuana/cannabis. This state law includes language for cities to have the authority to impose a moratorium on the sale of full-strength products until January 1, 2025 in order to allow further review and future discussions as the new law continues to be interpreted. The Office of Cannabis Management (OCM) is still taking shape and they will license retailers. Cities will be required to register local adult cannabis retailers and conduct compliance checks. Eventually, the OCM will have sample language and forms to provide to cities. The City Council directed city staff at their work session on July 17, 2023, to work with the City Attorney’s Office to prepare the ordinance language for a moratorium prohibiting the sale of Adult Use Cannabis products as allowed under the state law. Staff anticipates this discussion will be reviewed by the City Council at their second regular meeting in August. For this discussion, the Planning Commission is being asked to review and consider ordinance language as it relates solely to lower-potency THC products.