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HomeMy WebLinkAbout2024-10-23 CPC Agenda Packetlllwter Th. e m Place of Minnesota 216 41h Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov AGENDA PLANNING COMMISSION MEETING October 23, 2024 Planning Commission Mission Through diligent oversight of the Comprehensive Plan and Zoning Code and listening to the voice of the community, we commit to maintaining a safe, healthy, and vibrant community for everyone. Planning Commission Vision The Planning Commission envisions a community that focuses on housing needs, employment opportunities, and a diverse community. We support historic preservation, economic growth, and environmental sustainability. REGULAR MEETING 7:00 P.M. CN_1>a teZe] N 1] 4 N II. ROLL CALL III. APPROVAL OF MINUTES 1. Possible approval of September 25, 2024 regular meeting minutes. IV. OPEN FORUM - Open Forum allows the public to address subjects which are not a part of the meeting agenda. The Chairperson may reply at the time of the statement or give direction to staff. Please limit your comments to 5 minutes or less. V. CONSENT AGENDA — these items are considered to be routine by the Planning Commission and will be enacted by one motion. Anyone may request an item to be removed from the consent agenda and considered separately. VI. UNFINISHED BUSINESS VII. PUBLIC HEARINGS - Members of the public who wish to speak will be given 5 minutes and will be requested to step forward to the podium and must state their name and address. 2. Zoning Ordinance Amendment — Cannabis Business Performance Standards (Staff Review: City Attorney) VIII. NEW BUSINESS IX. DISCUSSION X. FYI — STAFF UPDATES XI. ADJOURNMENT 41tater7NEIIRTNf MINN Et OTR PLANNING COMMISSION MEETING MINUTES September 25, 2024 REGULAR MEETING Chairman Dybvig called the meeting to order at 7:00 p.m. 7:00 P.M. Present: Chair Dybvig, Commissioners Cox, Hoffman, North, Steinwall, Swanson, Councilmember Odebrecht Absent: None Staff: Interim Community Development Director Gutknecht, City Administrator Kohlmann APPROVAL OF MINUTES Possible approval of minutes of August 28, 2024 regular meeting Commissioner Steinwall noted a correction from Councilmember to Commissioner Cox on page 2. Motion by Commissioner Steinwall, seconded by Commissioner Hoffman, to approve the minutes of the August 28, 2024 regular meeting as corrected. All in favor. OPEN FORUM There were no public comments. CONSENT AGENDA Case No. CD2024-037: Findings to Support Denial of Variance to Maximum Lot Coverage for proposed deck at 403 Northland Terrace - Resolution PC 2024-08 Motion by Commissioner Steinwall, seconded by Commissioner Cox, to adopt the Consent Agenda. All in favor. UNFINISHED BUSINESS There was no unfinished business. PUBLIC HEARINGS Case No. CD2024-044: Variance to Front and Rear Yard Setback for Proposed Garage at 1022 4th Street Snuth Interim Community Development Director Gutknecht explained that applicants Matthew and Rebekah Lemke are seeking a Variance to the front yard setback and rear yard setback to permit the construction of a new accessory structure (attached garage). The main dwelling was built in 1900, and the existing garage was originally built within the front yard setback area and 3 feet from the rear yard property line. The project includes demolition of an existing detached garage and construction of a three stall 900 square foot garage with a finished storage/shop area on the second story. The applicant is not proposing an Accessory Dwelling Unit. The attached garage is designed to coordinate with the style of the home. Staff acknowledges that the existing garage is located 3 feet from the rear yard property line and the Planning Commission September 25, 2024 proposed interior and subgrade changes to the proposed attached garage and basement necessitate code compliant stairs. Further, staff believes that the request is reasonable and results in a garage that is more compliant in regard to front yard setback requirements, additionally finding the plight of the landowner necessitating the variance meets the practical difficulty test as the circumstances were not created by the property owner and granting the variances would not alter the essential character of the neighborhood. One letter from a neighbor was received supporting the variance. Commissioner Steinwall asked if the Heritage Preservation Commission reviewed this proposal, and Mr. Gutknecht replied that HPC review was not required because the proposal meets HPC's design guidelines in this district. Applicant Matt Lemke, 1022 4th St S, explained they are removing a failing 1950s garage that is not historically accurate and constructing a new garage further to north to be more compliant with property setbacks. Chairman Dybvig opened the public hearing. There were no public comments and the hearing was closed. Commissioner Steinwall commented the Resolution in the packet only addresses one of the two requested variances and should be revised to address both requested variances. Motion by Commissioner Steinwall, seconded by Commissioner Hoffman, to adopt Resolution PC 2024-11, Resolution Approving a Variance Request to the Rear and Front Yard Setback for a New Attached Garage Located at 1022 4th Street South (Case Number CD2024-044). Chairman Dybvig voiced concerns that the wide curb cut could impair sidewalk pedestrian safety. He said his calculations show that extending the 34' wide driveway back another 10' puts it way over the 25% impervious surface limit. Instead, if the curb cut is 20' wide and angles out to that 34.09' where the new garage line will be, it would put them under the 25% impervious surface coverage limit. He suggested narrowing the curb cut at the street edge be listed as a condition of approval. Mr. Gutknecht stated from a code compliance standpoint, the 25% impervious surface coverage will likely be exceeded by the additional 350 square feet or so of driveway area. The City's code for new driveways maximizes width at curb at 20'. A condition of approval could be added that the applicant shall not exceed 25% impervious surface coverage as they extend their driveway. Mr. Lemke stated he considered impervious surface as part of the design. If needed, he would prefer to eliminate some of the concrete oasis by the pool instead of redoing the driveway. Chair Dybvig suggested a friendly amendment to the motion to add as a condition that the project remain under 25% impervious surface coverage. Mr. Gutknecht said the condition could require an updated site plan showing removal of imperious surface and new proposed impervious surface to not exceed 25%. Commissioners Steinwall and Hoffman accepted the friendly amendment requiring a new site plan showing compliance with 25% impervious surface coverage. All in favor of the motion. NEW BUSINESS Riverfront Renewal Presentation - City Administrator Kohlmann Page 2 of 3 Planning Commission September 25, 2024 City Administrator Kohlmann reviewed a $13.5 million plan to expand and enhance riverfront access, called "Riverfront Renewal." The plan includes transforming Lumberjack Landing and Bridgeview Park through State funding, private donations, grants and City contributions. He showed proposed design plans for each project. $6 million funding from the State Legislature, and $1.1 million in grants and donations, has already been secured. In the November election, Stillwater voters will decide whether to accept a half percent sales tax to cover $6.2 million of project costs. The tax would end after 10 years or when the $6.2 million is secured, whichever comes first. Commissioners voiced appreciation for the project. Commissioner Steinwall encouraged staff to pursue DNR legacy grants for invasive species removal. DISCUSSION Commissioner Steinwall suggested using time on shorter agenda months to address previously discussed visions and goals. FYI STAFF UPDATES There were no staff updates. ADJOURNMENT Chairman Dybvig adjourned the meeting at 7:39 p.m. John Dybvig, Chair ATTEST: Ben Gutknecht, Interim Community Development Director Resolution PC 2024-08, Resolution Adopting Findings of Fact to Support a Denial of a Variance Request to Exceed the Maximum Allowable Impervious Surface at 403 Northland Terrace (Case Number CD2024-037) Resolution PC 2024-11, Resolution Approving a Variance Request to the Side and Front Yard Setback for a New Attached Garage Located at 1022 4th Street South (Case Number CD2024-044) Page 3 of 3 Water �l THE BIRTHPLACE OF MINNESOTA DATE: October 23, 2024 TO: Stillwater Planning Commission FROM: Kori Land, City Attorney SUBJECT: Cannabis Businesses —ZONING STANDARDS BACKGROUND The City currently has a moratorium on cannabis uses that expires on December 31, 2024, or when new regulations are enacted, whichever occurs first. In addition, with the Minnesota Office of Cannabis ("OCM") taking over the licensing of all cannabis businesses including the City's current CBD regulations (now called "lower -potency hemp edibles") our ordinances all need to be changed.' In order to comply with the new state requirements, the City will need to address its ordinances on two fronts: 1. The City will enact a registration process for retail cannabis businesses instead of licensing; and 2. With the enactment of the State cannabis laws in 2023 and amendments in 2024, the State legally recognized 13 cannabis uses, most of which need to be appropriately placed in the City's Zoning Code. The City Council discussed the cannabis uses at a workshop on October 1 and provided policy -level direction for the zoning ordinance amendments. The Planning Commission is now being asked to review the proposed ordinance amendments and provide a recommendation to the Council. DISCUSSION Pursuant to Minnesota's new laws, a "Cannabis Business" means any of the following: 1. Cannabis microbusiness (commonly known as "seed to sale") This includes cultivation (if indoor in a greenhouse or hoop house, up to 5,000 sq. ft. of floor area devoted to plant canopy or if outdoor, limited to'/z acre — 1 acre of mature plants at one time), manufacturing, retail and on -site consumption, which can be at one location or at multiple locations but issued to one license -holder 2. Cannabis mezzobusiness (larger scale than microbusiness) It is unclear when the State will be issuing licenses. It was originally anticipated that all licenses would be issued beginning January 1, 2025, but recently OCM indicated it might be 2"d quarter 2025. Memo re Cannabis — Zoning Planning Commission October 23, 2024 Page 2 This includes cultivation (if indoor, up to 15,000 sq. ft. or if outdoor, 1-3 acres), manufacturing, retail at up to 3 locations and on -site consumption, issued to one license -holder 3. Cannabis cultivator a. Indoor, up to 30,000 sq. ft. b. Outdoor, up to 2-4 acres 4. Cannabis manufacturer 5. Cannabis retailer (adult use) 6. Cannabis wholesaler 7. Cannabis transporter (not a use but a license issued by OCM) 8. Cannabis testing facility 9. Cannabis event organizer (not a use but a license issued by OCM and a permit that must be approved by the Council) 10. Cannabis delivery service (not a use but a license issued by OCM) 11. Lower -potency hemp edible manufacturing 12. Lower -potency hemp edible retailer 13. Medical cannabis combination business. The anticipated OCM license approval process is as follows: For the zoning regulations, it is important to know that the City is only allowed to regulate the Time, Place and Manner of cannabis uses in order to protect the public health, safety and general welfare. Time = Hours of Operation, days of the week Memo re Cannabis — Zoning Planning Commission October 23, 2024 Page 3 Place = Zoning Districts and distances from other uses Manner = Performance Standards It is with these limitations in mind that we prepared these ordinance amendments. Distance Restrictions: State law allows cities to restrict the distance from cannabis businesses and places where minors tend to congregate such as schools, day cares and public park attractions. In addition, the City has added a 1,000-foot restriction between all cannabis uses so they are not clustered in the same area and a 200-foot buffer from residential properties. The retail cannabis business will be measured from its storefront, not the property line. Most of the rest of the uses are measured from their respective property lines (other cannabis uses, residential, school), with the exception of parks, which is measured from the park attraction where minors congregate. Buffer zones: • 1,000' between cannabis businesses (except on -sale and off -sale beverages) • 1,000' from a school • 500' from residential treatment facilities • 500' from an attraction within a park used by minors • 200' from residential (except manufacturing, which is 500') Cannabis Retail Sales, Wholesale without Products Map 1 shows the BP-C, BP-O, BP -I Zoning Districts. Lower -potency retail is proposed to be allowed anywhere in the BP-C, BP-0 and BP-1 and is not restricted by buffers, except for the 1,000-foot buffer between other cannabis uses. The City has one licensed lower - potency retail business at Stillwater Smoke Shop Plus, which is identified on the map. If this business is given a lower -potency license from OCM, then a 1,000-foot buffer zone would apply around it and no other cannabis use could locate within the buffer. Map 2 shows the same map and adds a 1,000-foot buffer from schools and parks, and a 200-foot buffer from residential. The area outside of the bubbles is where the adult use cannabis retail can be located. Lower -Potency Cannabis Beverages: The City's current ordinance prohibits the sale of cannabis beverages at on -sale liquor establishments, meaning they cannot serve any cannabis beverages at bars and restaurants. These beverages are allowed to be sold for off -sale only at exclusive liquor stores, and at breweries and distilleries that manufacture their own cannabis beverages. There are 41 on -sale liquor establishments, 7 off -sale exclusive liquor stores, 2 breweries and 2 distilleries in the City of Stillwater. Map 3 shows all the locations of these liquor establishments throughout the City. Businesses with a liquor license (on -sale, off -sale, breweries and distilleries) are allowed Memo re Cannabis — Zoning Planning Commission October 23, 2024 Page 4 to sell lower -potency beverages, however, the business had to register with the Department of Health ("MDH"), and it had to comply with local ordinances. The City has had a moratorium in place since August of 2023, therefore, on -sale lower -potency beverages have been prohibited from being sold in Stillwater. After our moratorium expires, any on -sale liquor license -business who registered with the MDH and is in the appropriate zoning districts for lower -potency beverages (the BP-C, BP-0 and BP-1), can begin to sell lower -potency beverages as part of its on -sale liquor license.' For the moment, the only on -sale business that registered with MDH and is zoned correctly is Lift Bridge Brewery. Map 4 reflects where beverages can be sold for on -site consumption. The only buffer that would be applied to this use is the 1,000-foot buffer between cannabis businesses. Zoning Districts for Cannabis Uses: Type of Cannabis AP CA CBD VC BPC BPO BPI PA PWD PROS HMU NC Business Cannabis, Lower - potency edible P P P P P P P P P P retail (associated with off -sale liquor) Cannabis, Lower - potency edible P P P retail (associated with on -sale liquor) Cannabis, Lower - potency edible retail (not CUP CUP CUP associated with off - sale liquor Cannabis, Adult Use retail (not associated with CUP CUP CUP micro, mezzo, medical combo Cannabis, Micro, Mezzo, Mfg (adult use or lower - potency), Transporter, CUP CUP Testing, Medical Combo, Wholesale with product on - site Map 5 Cannabis, Manufacturing at CUP CUP CUP brewery and distillery only 2 It's complicated, but technically, they would only be able to sell them under the current law until March 1, 2025, when that law sunsets, and then they must obtain a license with OCM and register with the City. Memo re Cannabis — Zoning Planning Commission October 23, 2024 Page 5 Cannabis, Wholesale with no CUP CUP CUP product on -site Cannabis, CUP Cultivation Only Map 6 All cannabis uses, except for sale of beverages at off -sale liquor stores, breweries and distilleries, will be required to obtain a conditional use permit. There are many reasons for this requirement: First, it allows the City Council to analyze each proposed cannabis use in its location on a case -by -case basis, adding reasonable conditions if necessary. Second, it requires a public hearing, allowing the adjacent property owners to provide input on the use from the lens of determining the compatibility with neighboring properties. Third, from an enforcement standpoint, the City can address violations of a conditional use permit on a local level. Performance Standards Outdoor Cultivation • Minimum of 20 contiguous acres available for crop • Crops must be setback at least 300' from property lines • Fencing of 6' (state law) + landscaped buffer on outside of fence • Crops cannot be visible from the ROW Indoor Cultivation (greenhouse and hoop houses only): • Minimum of 5 acres of land Testing, Manufacturing, Micro, Mezzo, Transporter, Wholesaler (with products), Medical Cannabis Combo: • Buildings setback 500' from residential • No exterior storage Map 5 shows the BP -I and BP-O Zoning Districts for Cultivator, Micro, Mezzo businesses with the other buffers zones but it increases to a 500-foot buffer from residential. Performance Standards for All: • Retail hours of operation limited between 10 a.m. to 9 p.m. (not associated with on -sale or off -sale) • Not allowed with an adult use entertainment business license • No retail sales or on -site consumption in AP zone • No on -site consumption except in appropriate zoning district • Cannot be a nuisance (per general definition in City Code) o Enact a new Odor Ordinance in City Code that will apply to all uses • Security Plan as approved by PD • No home occupations (state law) Memo re Cannabis — Zoning Planning Commission October 23, 2024 Page 6 ACTION REQUESTED Discuss and provide recommendation to the Council regarding the ordinance amendments for cannabis uses. Attachments: Map 1 — Lower Potency Retail Sales (excluding beverages) Map 2 — Adult use Retail Sales and wholesale products with buffer zones Map 3 — On -Sale and Off -Sale liquor locations Map 4 — On -Sale and Off -Sale liquor locations for beverages Map 5 — Cultivator, Micro, Mezzo, Manufacturing with buffers Map 6 — Cultivator Only Zoning Ordinance Amendment "PI 111water. Lower Potency Retail Sales (Excluding Beverages) October 2024 Q`neTr �� n�♦ 1 t '"����.� a .s `• ;��� sr �11 i 0 y L ,�C , J e5� a •t + IwMs.+ ■Irk Off. sumkePark °7 I \ \ ' 6 uy rake Park d °°° -j 701 i goa 0V i me Sure Lane C9le o c d Y aixK0. - .6 0. pl. 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O L z 0 0 o z z d d � C Q c m a N Feet WE 0 1,000 s lllwater Adult Use Retail Sales & Wholesale Products with Buffer Zones October 2024 P�OeTr �R CL d. o � d y d m D ` m y cy °L e Surrey Laxle Y o° \ wo 3 c $ m N a m o N igmingaie, a. o�. 1465 2500 - m o �» - Wlldpines Lane urieans street West ti r ?°r 6 6. a 'ss O O ' 376.4 ,6bb Brewers� s ^0M1 N i x 62nd Street North 1920 Oi N 19 0 N 2021 0 b Cannabis Business Parcels School Buffer (1,000 ft) Zoning Districts Residential Buffer (200 ft) BPC: Business Park - Commercial • Park Amenities BPI: Business Park - Industrial Park Amenities Buffer (1,000 ft) BPO: Business Park - Office City Boundary Map 2 L 1 � 6J 0 1 mmmm== Miles o c 1709 o 07 al 1730 1750 rs 1770 1809 ,y 1778 1749 `0 1815 1835 W' 1792 1825 1850 1815 0 C Harriek o N 1875 m 1862 I III 1875 s i C 1902 Shelton Drive YI 7 1951 C _ 1918 1940 > 7 66 O y 1570 2081 � m F v ooy o a 1180 e o ICI Frontage Road West a 60th•Street.North L f= 0 C 0 o 2 ° 0 Z C 0 Z > > a y cam m N 0C7Feet W E t 0 1,000 s Park en Ln swmaon 51 M°e South Oq Olen La W6rlo 7it, i11 Q nP ar i rN o Oak GlenS 2a _ F On -Sale & Off -Sale Liauor Locations s. �ry Hazel SLW schulenburg ParF 64 usiellRoxt•North—Poser at W - - oak clan p dui a Browns *k, Golf Course a(. a ¢' creek Park fidllwahr 4r �+*A,v A� �s couMv club Macs 3 _ lac er Prairie n �'B" or O` mS Moore St W - �ndi g z Eagle Rltlge Trl amm cm Ea t• i.tuipan W.-0 Seinl Croix AveW — �a BOTh St N i Parkda < ¢ SO p StifWater Ave W she H F WIWns St E Wilkie at W nllc �$ — s4PICa P.rk V J i.-Park $ z xy.uw 3 ueo4 0 ��I Elm at W = Eke 1, I-t• Rla°ry at 4x` St N MaPla at W Pito oneer = 1�o $ f MCKuykk Park Pa Laurel SI W 4 Meadowlark t NorLfi "- unden at w TS: e$LrYe 2 a. p Park sway Northland 4 L. —•� MUIDerry SI W 3 v.rk +oo,' M m Samar, s �av r%So-M 1 o a w k Park $8 9sy c t(a. p = Z O �.2 Phu\\ !n <P `� �`aemzep"G9ov! 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Bh'd S Washlnlrton ADbotl st W m a Eben W A ;, wadda"` M w Spuare Park CrUlll St W c hu y c g— 'M m e Anderson St WIV DueuweNt E Z3 Hen.. St W Harcoa Sr E Wa \c¢r�a N �C' y vark Illy A y 9udlhetph St E< 6 l Sunrise ry: 8 f P m y ends Park Nlehah.- 2 Peh o 8 ti Marsh St W I Mh st E Q F Marsh Y J�Beman Perk OrINn9 Orleans St W e k Ccanda a P.,k � G z bo Park °J ` 3T c rn w Everett Dr v+ re orrrk— rk = '0a Braw—, d Cpn9 Lake pr < — 62ntl ; L nnezkidee 62 St N R 3 T er Dr — Park Shelton Dr - 0 63 �, hnran. N w n Map 6 Cannabis Cultivator Only October 2024 Acceptable Cultivation Parcel (>=20 acres) City Features ffi City Hall Fire Department Green Spaces Waterbodies I` OAKPARK HfIGHTS D rj r00(] LAKEVIEW MEMORIAL HOSPITAL ASSOC INC Feet MileAN 0 1 Owner Name Acres GADIENT ROSALIE A TRS 29.26 LAKEVIEW MEMORIAL 63.83 HOSPITALASSOC INC City of Stillwater Washington County, Minnesota ORDINANCE NO. XXXX AN ORDINANCE AMENDING CHAPTER 28, REGARDING CANNABIS BUSINESS PERFORMANCE STANDARDS OF THE CITY CODE OF THE CITY OF STILLWATER The City Council of the City of Stillwater does ordain: SECTION 1 REPEALING That the Stillwater City Code Article V Section 28-354 is hereby repealed. SECTION 2 ENACTING. That the Stillwater City Code Article V Section 28-390 is hereby enacted as follows: Sec. 28-390. — Cannabis -related uses. (a) Definitions. Unless otherwise noted in this section, words, terms, and phrases found in the definitions of Minnesota Statutes Section 342.01, or as amended, apply, unless otherwise noted or except where the context clearly indicates a different meaning. In addition, the following definitions apply: Cannabis Business means any of the following businesses: (1) Cannabis microbusiness; (2) Cannabis mezzobusiness; (3) Cannabis cultivator; (4) Cannabis manufacturer; (5) Cannabis retailer; (6) Cannabis wholesaler; (7) Cannabis transporter; (8) Cannabis testing facility; (9) Cannabis event organizer; (10)Cannabis delivery service; (11) Lower -potency hemp edible manufacturing; (12) Lower -potency hemp edible retailer; or (13) Medical cannabis combination business. Day care means any location licensed with the Minnesota Department of Human Services to provide the care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24-hour day. Office of Cannabis Management ("OCM') means Minnesota Office of Cannabis Management. Residential treatment facility means a 24-hour-a-day program under the treatment supervision of a mental health professional, in a community residential setting other than an acute care hospital or regional treatment center inpatient unit, that must be licensed as a residential treatment program for adults with mental illness under chapter 2451, Minnesota Rules, parts 9520.0500 to 9520.0670, or other rules adopted by the commissioner. School means public school as defined in Minnesota Statutes Section 120A.05 or nonpublic school that meets the reporting requirements under Minnesota Statutes Section 120A.24. State License means an approved license issued by the Minnesota Office of Cannabis Management to a cannabis retail business. (b) Outdoor cultivation. Any cannabis business that includes outdoor cultivation, such as cannabis cultivator, microbusiness, or mezzobusiness must comply with the following: (1) A minimum of twenty (20) contiguous acres is required for the portion of the property that will be dedicated to cultivation. (2) The cannabis plants must be setback a minimum of three hundred feet (300') from the property lines. (3) There must be fencing of six feet (6') around the perimeter and a landscaped or screened buffer is required to be placed outside of the fence but within the setback area, which may consist of a berm, trees, or combination thereof. (4) The cannabis plant cannot be visible from any public right of way. (5) No retail sales shall be allowed at the same location as any business with an outdoor cultivation business license. (c) Indoor cultivation (greenhouses, hoop houses). Lighting within the greenhouses or hoop houses shall be set forth in the conditional use permit. (d) Testing, manufacturing, microbusiness, mezzobusiness, transporter, wholesale (if products stored onsite), medical cannabis combination. Any cannabis business that includes testing, manufacturing, transporting location, wholesale with products stored onsite, or is a microbusiness or mezzobusiness must comply with the following performance standards: (1) All buildings must be setback a minimum of five hundred feet (500') from a residential zoning district or residential use as measured from the cannabis property line to the property line of the nearest residential zoning district or residential use. (2) No exterior storage is allowed, including storage of products in semis or trailers that are parked outside of an enclosed building. (3) All mechanical, odor suppression equipment and trash enclosures must be screened and approved as part of a site plan approval. (e) Performance standards for all cannabis uses. (1) Hours of operation for retail sales of cannabis products are permitted from 10:00 a.m. to 9:00 p.m., seven days a week. This restriction does not apply to the sale of lower -potency beverages at on -sale intoxicating liquor establishments or off -sale exclusive liquor stores. 2 (2) On -sale intoxicating liquor establishments and off -sale exclusive liquor stores with a valid lower -potency hemp edible City registration and a State License may sell lower -potency hemp edible beverages in the appropriate zoning districts but may not sell other lower -potency hemp edible products. (3) No cannabis business shall be allowed as part of any Adult Use Establishment, as defined in City Code Chapter 6, Article II, Section 6-42. (4) No retail sales are allowed in the A-P zoning district. (5) Cannabis businesses cannot violate City Code Chapter 10 regarding nuisances. The City may require odor suppression or mitigation requirements as part of the conditional use permit. (6) Distance restrictions. Distances from a cannabis business are measured from the storefront of a retail cannabis business and from the property line of all other cannabis businesses. a. There must be at least one thousand feet (1,000') between each cannabis business. b. The location of the cannabis business must be located: 1. More than one thousand feet (1,000') from a school as measured from property line of the school to the cannabis business; 2. More than five hundred feet (500') from a residential treatment facility, as measured from the property line of the facility to the cannabis business; 3. More than five hundred feet (500') from an attraction within a public park that is regularly used by minors, such as, but not limited to a playground, athletic field, athletic court, picnic area or restrooms, pavilion or park building, disc golf features, as each is measured from the location of the public park attraction to the cannabis business. 4. A cannabis business shall not be closer than two hundred feet (200') from a residential zoning district, as measured from the property line of the residential zoning district to the cannabis business, unless a larger setback is required in this Chapter. c. Exceptions to distance restrictions. 1. Lower -potency hemp edible retail businesses must comply with City Code Section 28-390 (e)(6)a., however, they are exempt from the distance restrictions in City Code Section 28-390 (e)(6)b. 2. Off -sale exclusive liquor stores with a valid lower -potency hemp edible City registration and a State License are exempt from the distance restrictions in City Code Section 28-390 (e)(6)a and(e)(6)b. and their business does not count against other cannabis businesses for purposes of the distance restrictions from another cannabis business in City Code Section 28-390 (e)(6)a. (7) Signs must comply with the standards in City Code Section 28-348 for the relevant zoning district in which the business is located, except for the following: 9 a. No cannabis business shall have more than two (2) signs; and b. Blinking, moving, and flashing signs that are visible from the exterior of the building are prohibited. (8) Cannabis businesses must meet the minimum parking requirements for each type of use as stated in City Code for that use, for example, retail must meet the retail requirements, manufacturing must meet the manufacturing parking requirements. If there is a combination of cannabis uses at the same location, the use that requires the largest number of spaces must be met. (9) A security plan must be submitted to and approved by Police Department addressing how the business will protect the public health, safety, and welfare. The security plan must include, but is not limited to addressing issues surrounding parking, traffic, securing of monetary transactions, building security and alarm systems both internal and external, screening, lighting, window and door placement, landscaping, age verification devices, and hours of operation. SECTION 3 AMENDING. That the Stillwater City Code Article III Section 28-193 is hereby amended to remove the Growing of Industrial Hemp from the Use Table and to add the following use to the Table accordingly: Sec. 28-193. — Allowable uses in residential districts. Type of Cannabis Business A-P CA CBD VC BPC BPO BPI PA PWD PROS HMU NC Cultivator only (indoor or outdoor) (not CUP micro, mezzo, or medical combo) SECTION 4 AMENDING. That the Stillwater City Code Article III Section 28-236 is hereby amended to remove the following uses from the Use Table: CBD Retail Establishments, nonintoxicating 2. CBD Retail Establishments, intoxicating 3. Medical cannabis distribution facility 4. Medical cannabis laboratories; And to add the following uses to the Table accordingly: Il Sec. 28-236. — Allowable uses in nonresidential districts. Type of Cannabis A-P CA CBD VC BPC BPO BPI PA PWD PROS HMU NC Business Low potency edible retail (on -sale or P P P P P P P P off -sale liquor) Low potency edible retail (not with on - sale or off -sale CUP CUP CUP liquor) Adult Use Cannabis retail (not inc. CUP CUP CUP micro, mezzo, medical combo) Micro, Mezzo, Transporter, Testing, Medical CUP CUP Combo, Wholesale with product on - site Manufacturing Cannabis (brewery, CUP distillery) Wholesale with no product on -site CUP CUP CUP SECTION 5 SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. SECTION 6 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The text amendment adopted by the Stillwater City Council on , 2024 amends cannabis business uses and performance standards in residential and nonresidential districts to include cannabis businesses in accordance with Minnesota State Statutes Sections 342 and 151.72. Adopted by the City Council of the City of Stillwater this day of 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk