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May 21, 2024 <br />Page 3 <br />e.St. Anthony’s current population of under 10,000 requires the allowance of at least one <br />licensed retailer. The City may by ordinance limit the number of licensees to its <br />minimum registration of one retail location, although the City is not required to do so. <br />f.The law permits the City to limit the location of cannabis businesses by routine zoning, <br />and also by a separation distance from certain listed land uses. This allowance appears <br />to relate to any cannabis business, not just retailers. <br />g.The law permits the City to enact a minimum distance of 500 feet separation from any <br />daycare, residential treatment center, or an “attraction within a public park that is <br />regularly used by minors, including a playground or athletic field”. There are three <br />commercial daycare operations in the City that are within 500 feet of Commercial or <br />Industrial zoned properties – these are highlighted on an attached map. All of these <br />would create exclusion zones prohibiting cannabis businesses around them if the City <br />adopts the separation distance. <br />h.The law permits the City to enact a minimum distance of 1,000 feet separation from any <br />school. There are three school sites in the City – Wilshire Park Elementary, St. Anthony <br />Middle and High Schools, and St. Charles Boromeo School. None of these schools are <br />within 1,000 of any Commercial or Industrial zoned land. <br />i.Based on a preliminary analysis, the distances from the City’s parklands are all more <br />than 500 feet to any commercial or industrial zoned land (Emerald, Silverwood, or <br />Central Parks), or are already in excluded areas due to daycare locations (Silver Point <br />and Trillium Parks). <br />j.Salo Park – if included – could have a separation distance would exclude most of the <br />Silver Lake Village shopping center area (including Cub Foods and the City’s municipal <br />liquor store). However, Salo is identified in the City’s system planning as a stormwater <br />facility, not technically a park. Moreover, few of the activities are designed to <br />specifically attract minors. As such, no separation distance would apply. <br />k.Regardless of the allowance to require separation, the law requires that the City may <br />not enact a separation distance that has the practical effect of prohibiting the location <br />of a cannabis business in the City. It appears from this preliminary analysis that <br />1.Enactment of a separation distance for schools would not impact any <br />Commercial or Industrial property; <br />2.Enactment of a 500 foot separation for daycare locations would impact some <br />Commercial and Industrial properties in the south portion of the City, but <br />retain eligibility for such use in some other portions of those districts. <br />3.Enactment of a 500 foot separation for parks where minors commonly use <br />the facility would not impact the City’s primary park system properties. <br />In summary, the primary zoning separation requirements would apply to the daycare facilities <br />in the south portion of the community as follows: <br />3055 Old Hwy 8 (Ikram Child Care): Any exclusion distance for the daycare facilities at <br />3055 Old Hwy 8 would result in a prohibition of retail sales for other potential <br />commercial/industrial uses on that site. Depending on the separation distance chosen, <br />the industrial property south of Highway 88 could be impacted – the closest distance to <br />those areas appears to be approximately 270 feet.