CC PACKET 06112024 - Laserfiche WebLink

Home Browse Search

June 11, 2024 Page 5 At its April meeting, the Planning Commission discussed whether the exclusion area was relevant to daycare, based on an assumption that unlike schools and parks, there is less likely to be unsupervised child presence using daycare facilities. The zoning action for the City would be an amendment to the Zoning Ordinance that eliminates the current total prohibition of cannabis businesses, and replacement with language related to separation where applicable. Although no impacts are foreseen for Schools and Parks as noted, staff would recommend adoption of the full State-allowed exclusion area for those uses (1,000 feet for schools, and 500 feet for parks). There continue to be discussions at the State level (both legislatively and agency-driven) that will continue to refine aspects of the law. As such, these protections would be consistent with the allowances, and address any unforeseen circumstances until additional guidance is provided. Guidance is likely to come from a variety of sources, including both the League of Minnesota Cities and the Office of Cannabis Management (in the form of a model ordinance). For childcare facilities, there is likely to be some pressure to adopt a limited separation zone from retail cannabis outlets. As noted, the full 500 feet would significantly limit retail outlets in the south area of the City. A distance of 250 feet would have a lesser impact, but still affect some potential sales locations. In the alternative, the City could create a limitation that prohibits retail sales on premises that abut a parcel with childcare, rather than default to the distance allowance. This would be effectively the same as a “1-foot” buffer. The attached draft ordinance incorporates alternative language for Planning Commission review and discussion. PLANNING COMMISSION ACTION If acceptable to the Commission, staff asks that the Commission further discuss the separation distance aspects of the potential regulations, and raise other issues as they may impact a final ordinance adoption. With these comments, and if the proposed Ordinance amendments reflect those discussions, forwarding the zoning amendment to the City Council would be in order. SUMMARY AND STAFF RECOMMENDATIONS If the Planning Commission is in agreement, staff recommends approval of a draft zoning regulation that creates the separation distances for schools (1,000 feet), parks (500 feet – specifically for Central Park, Emerald Park, Silver Point Park, Trillium Park, and Water Tower Park), and either a specific distance or an “abutting property” separation for childcare facilities, and noted in this report. ATTACHMENTS Exhibit A:State Law – Local Control Exhibit B:Map of Separation Distance Impacts Exhibit C:Draft Ordinance 2024-03 Amendment 29