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ARDEN HILLS CITY COUNCIL — AUGUST 28, 2023 14 MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to authorize staff to publish a Summary Ordinance of Ordinance 2023-008 for Planning Case 23-013. The motion carried (5-0). B. Planning Case 2023-014 — Zoning Code Amendment To Chapter 13, Sale Of Lower Potency Hemp Edibles • Ordinance 2023-009— Amendments to Chapter 13, Sections 1305.04, 1320.05 and 1325.02 • Authorization for Publication of Summary Ordinance 2023-009 Community Development Director Jagoe stated staff has prepared a draft ordinance identifying language to be added for the City Council's review. The proposed ordinance would add a new land use type for the sale of lower potency hemp edibles. As drafted based on the Planning Commission amendments, the City would allow as a conditional accessory use only to businesses with a principal Retail Sales and Service, Restaurant or Service Station land use in the B-2, B-3, B-4, and GB Zoning Districts. This means there could not be a standalone shop exclusively selling lower -potency hemp products and any business interested in selling lower -potency products would need to come before the Planning Commission and City Council for a Conditional Use Permit. The draft language would require a distance separation of a lower -potency sales operation to schools, day cares, residential treatment facilities, and public parks as allowed by State Statute. Staff reviewed the sections that would be amended in further detail with the Council and offered the following Findings of Fact: 1. The City of Arden Hills is proposing to amend ordinance language to allow for lower potency hemp edible sales in the zoning code as a conditional accessory use within the 13- 2, B-3, B-4, and GB Zoning Districts. 2. The proposed ordinance will include amendments to the language of Chapter 13 — Zoning Code, Sections 1305.04 - Definitions, 1320.05 — Land Use Chart, and 1325.02 — Accessory Uses of the City Code. 3. The proposed ordinance amendments will allow lower -potency hemp edible sales as a conditional accessory use where the principal use is Retail Sales & Service, Restaurant, or Service Station. 4. The proposed ordinance amendments are consistent with State law for the City's authority to regulating the sale of lower -potency hemp edibles under the zoning code. 5. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 6. If the zoning amendments were approved, an Applicant would be required to submit a land use application that would be subject to the formal review process. 7. The Planning Commission conducted a public hearing for the Text Amendment on August 9, 2023. Councilmember Monson asked if the setbacks would be measured from property line to property line. Community Development Director Jagoe reported this was the case. Mayor Grant questioned how many liquor licenses the City had at this time.