Cannabis zoning, vaccine incentives on council agenda


Tuesday meeting starts with budget study session

BROOKINGS – The Brookings City Council will consider zoning regulations for cannabis establishments and will learn about a vaccine incentive program on Tuesday. 

A study session on the city’s 2022 budget starts at 5 p.m. Tuesday, and the council’s regular meeting will begin at 6:30 p.m. in the City & County Government Center. 

Cannabis zoning

Ordinance 21-025 will establish zoning regulations for cannabis establishments.

“The ordinance was updated from the Aug. 17 work session to include a buffer from residential with proximity to industrial areas for cultivation facilities only,” according to the memo by Mike Struck, director of Community Development.

“Per the amendment from City Council at the July 27 city council meeting, staff has removed the 300-foot buffer between cannabis dispensaries,” according to Struck’s memo.

“Initiated measure (IM26), which legalized medical cannabis in the State of South Dakota, provides that the South Dakota Department of Health shall set rules for medical cannabis establishments no later than Oct. 29. The Department of Health released its draft rules the week of June 21. The Department of Health regulations pertain to the licensing requirements and provide guidance to local municipalities on licensing of cannabis establishments. However, local municipalities are responsible for addressing the zoning aspect of cannabis establishments.

“The proposed ordinance identifies different types of cannabis establishments, appropriate zoning districts for each type of establishment, and buffer distances. The types of establishments are defined, and the definitions closely mirror the definitions adopted by the State of South Dakota; however, they are not exactly the same. The main difference is the city approached the zoning regulations from the perspective of cannabis being legal, whereas the state definitions referenced medical cannabis,” according to Struck’s memo.

“Cannabis dispensary regulations were drafted in a manner to closely align with a pharmacy use and the proposed zoning districts customarily associated with retail/pharmacy uses are the B-1, B-2, B-2A, B-3, and B-4 districts. Cannabis testing facilities, product manufacturing facilities, and cultivation facilities are proposed in the Industrial I-1 Light District, as these uses closely resemble other business uses more commonly located in industrial parks due to the size of the facility, utility needs, and odors,” according to Struck’s memo.

“A cannabis dispensary and cannabis cultivation facility are classified as a permitted special use in the zoning districts in which these uses would be allowed. The permitted special use classification aligns with the overall intent of the zoning ordinance as additional criteria such as a buffer distance from another use or zoning district is consistent with the permitted special use criteria. Cannabis testing facilities and cannabis manufacturing facilities are classified as permitted uses in the respective zoning districts,” according to Struck’s memo.

Vaccine Incentive Program

Erick Rangel, CFO, and Michael Logan, Swiftel Center manager, will provide information on the City of Brooking’s Vaccine Incentive Program in collaboration with SDSU. 

The goal is to increase vaccination rates and vaccine awareness among Brookings County residents, an agenda attachment says. 

Mixed-use building

The council will consider Ordinance 21-030, an application for a conditional use permit for a mixed business/residential use building in a Business B-3 Heavy District in the Folsom Addition, located at 530 First St. S. and 110 Sixth Ave. S.

“Granted Properties, LLC, has submitted an application for a conditional use permit in order to establish a mixed business/residential use consisting of contractor’s shops and/or personal storage with second-floor residential in a Business B-3 Heavy District,” according to the attachment.

“The Development Review Team does not support the request. Staff recommends denial. The Planning Commission voted 4-2 recommending approval,” according to the attachment.

“The applicant is proposing a development on the site which will include seven contractor’s shops and/or personal storage units with four two-bedroom residential dwellings on the second floor. The site would have access along both First Street South and Sixth Avenue South as well as access from the alleyway to the west,” according to Miller’s memo. 

“Although mixed-use developments are allowed by conditional use permit in the B-3 District so long as the uses are permitted in the district, staff has concerns with the compatibility of uses being proposed and the variation from traditional mixed-use developments. The uses proposed include contractor’s shops and residential rental dwellings. The proximity of contractor’s shops, which could include activities with borderline heavy business/industrial uses, to residential units has the potential to cause hazards and nuisances for residents living above such intense uses. Traditional mixed-use developments combine more traditional retail and service establishments with second floor and above residences,” according to Miller’s memo.

New city engineer

The new city engineer, Charlie Richter, will be introduced at the meeting. He’s been the Town Engineer of Lynnfield, Massachusetts, for 16 years. His wife, Molly, is from Brookings, and they have two kids.

Contact Jodelle Greiner at [email protected] 

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