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Home My WebLink AboutX-C-01 Special Use Permit – Lower Potency Hemp Edible – Spiral Foods Co-Op (1250 South Frontage Rd)City Council Memorandum To: Mayor Fasbender and City Council From: Justin Fortney Date: January 20, 2026 Item: Special Use Permit – Lower-Potency Hemp Edible Retailer – Spiral Foods Co-op - 1250 South Frontage Rd Council Action Requested: Review and act on the attached resolution granting a SUP (Special Use Permit) for Lower- Potency Hemp Edible Retailer – Spiral Foods Co-op - 1250 South Frontage Rd. SUP approval requires six of seven Councilmembers. Advisory Commission Review: The Planning Commission voted 7-0 to recommend approval of the request as presented at the January 12, 2026 meeting. No one spoke for or against the item during the public hearing other than the proponent. Attachments: •Resolution – SUP •Planning Commission Staff Report – January 12, 2026 X-C-01 HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING A SPECIAL USE PERMIT FOR THE RETAIL SALE OF LOWER-POTENCY HEMP EDIBLE PRODUCTS AT 1250 SOUTH FRONTAGE RD AS REQUESTED BY SPIRAL FOODS CO-OP WHEREAS, Matt Malecha, General Manager, Spiral Food Co-op has applied for a Special Use Permit for the retail sales of Lower-Potency Hemp Edible products at 1250 South Frontage Rd. The property is owned by RRV LLC and HASTINGS RETAIL LLC and legally described as Lot 1, Block 1,WESTVIEW 3RD ADDITION,Dakota County, Minnesota; and WHEREAS, on January 12, 2026 the Hastings Planning Commission held a public hearing and recommended approval of the action as presented; and WHEREAS, the City Council reviewed the request and concurs with the recommendation of the Planning Commission. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the action as presented to the City Council subject to 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. X-C-01 Adopted by the Hastings City Council on January 20, 2026, by the following vote: ATTEST:__________________________ Mary Fasbender, Mayor ________________________________ Kelly Murtaugh, City Clerk X-C-01 STATE OF MINNESOTA ) City of Hastings )ss. COUNTY OF DAKOTA ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Hastings, Minnesota, DO HEREBY CERTIFY, that I have carefully compared the attached copy of the Resolution with the original on file in my office and the same is a full, true and complete copy thereof. WITNESS, my hand as such City Clerk and the corporate seal of the City of Hastings this ____ day of 20 . . Kelly Murtaugh, City Clerk SEAL STICKER X-C-01 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 review 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. X-C-01 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. 2.The site meets the 500-foot minimum distance requirement between retail uses. 3.Other setbacks are exempt for lower-potency hemp edible retail uses. 4.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. 5.Adequate parking requirements were confirmed during the recent building remodeling project. This request does not change the parking requirements. 6.A security plan form has been approved by the Hasting Police Department. (attached) 7.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. 8.The proposal is generally compatible with adjacent properties and other properties in the district. 9.There are no anticipated changes that would likely affect pedestrian safety, convenient traffic flow and control, or access in case of fire or catastrophe. X-C-01 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 X-C-01 X-C-01 X-C-01