HomeMy WebLinkAbout5 - Report - SUP - Sprial Food Co-op
Planning Commission Memorandum
To: Planning Commission
From: Justin Fortney, City Planner
Date: January 12, 2026
Item: Public Hearing – Special Use Permit – Lower-Potency Hemp Edible Retailer – Spiral
Foods Co-op - 1250 South Frontage Rd
REQUEST
The Planning Commission is asked to take the following actions related to the Special Use
Permit (SUP) application of Matt Malecha, General Manager, Spiral Food Co-op, to conduct
lower-potency hemp edible retail sales on property owned by RRV LLC and HASTINGS
RETAIL LLC, located at 1250 South Frontage Rd, Hastings.
1) Hold a public hearing.
2) Review the SUP application and provide a recommendation to the City Council.
BACKGROUND INFORMATION
Proposed Use
The City’s Zoning Ordinance allows for retail sales of lower-potency hemp edible products in
the C-4 district with a SUP, when not associated with an on-sale or off-sale liquor license.
Setback Requirements
Lower-potency hemp edible retail uses must be 500-feet from the same and from all other
cannabis uses but otherwise exempt from the distance requirements in City Code 155.07.J.5.d(2)
(schools, residential treatment facilities, and park attractions).
Comprehensive Plan Classification
The 2040 Comprehensive Plan designates the property as commercial. Retail sales at the location
are consistent with the plan.
Zoning Classification
The property is zoned C-4 Regional Shopping Center. The C-4 District allows for lower-potency
hemp edible retail sales as a special use.
Adjacent Zoning and Land Use
Direction Property Use Zoning Comp Plan
North Taco Bell (Hwy 55) C-1 Commercial
East Denali Woodworks (S Frontage Rd) C-4 Commercial
South Hastings Tobacco and Vape (same building) C-4 Commercial
West Auto Zone (Westview Dr.) C-4 Commercial
Existing Condition
The subject location is an existing business in a strip center with three total tenants.
Notification and Public Hearing
Notification of the request and public hearing was posted and mailed to all property owners within
350 feet. Staff have not received any comments.
SPECIAL USE PERMIT REVIEW
SPECIAL USE. A use that would not be appropriate generally or without restriction in the zoning
district but, if controlled as to number, area, location, or relation to the neighborhood, would not
detract from the public health, safety, and welfare. Special uses may be permitted if listed as such
in the subject district. Conditional Uses and Special Uses are generally synonymous.
The use is considered "presumptively valid" or conditionally allowed by the zoning ordinance,
provided the applicant can meet the specific, objective criteria outlined in the ordinance. The
ordinance does allow for denial with findings that show it would not be in harmony with the
purpose and intent of the zoning ordinance.
The applicant has stated they acquired a Lower-Potency Hemp Edibles (LPHE) retail license from
the Minnesota Office of Cannabis Management (OCM).
Special Use Permit Requirements
Prior to approval of a Special Use Permit, the Board must make written findings, certifying
compliance with rules applicable to the request.
1. The site meets the 500-foot minimum distance requirement between retail uses.
2. Other setbacks are exempt for lower-potency hemp edible retail uses.
3. Lower-potency hemp edible product sales are permitted from 10:00 am to 9:00 pm, seven
days a week. The Store is generally opened from 9:00 am to 8:00 pm.
4. Adequate parking requirements were confirmed during the recent building remodeling
project. This request does not change the parking requirements.
5. A security plan form has been approved by the Hasting Police Department. (attached)
6. No cannabis use shall have more than two signs, blinking and flashing signs are
prohibited, and interior signs may not be visible from the exterior of the building.
7. The proposal is generally compatibility with adjacent properties and other properties in
the district.
8. There are no anticipated changes that would likely affect pedestrian safety, convenient
traffic flow and control, or access in case of fire or catastrophe.
Recommendation
Approval of the Special Use Permit is recommended based on the above findings of fact and
with the following conditions:
1. Operation in conformance with the January 12, 2026 Planning Commission staff
report, approved security plan form, and applicable ordinance requirements.
2. Receive and maintain applicable state and city licenses for the lower-potency
hemp edible retail products to be sold.
3. The proposed use must commence within one year of City Council approval and
must not be discontinued for a period of three years or more; otherwise, the SUP
approval shall become null and void.
Attachments
• Location map and site photograph
• Approved security plan form