Planning commission recommends denial of countywide text amendment to allow cannabis in Ag Service Center zoning

The Clay County Planning Commission on Aug. 20 voted to recommend denial to the Board of Commissioners of a text amendment petition that would allow cannabis businesses as conditional uses in the county’s Agricultural Service Center zoning districts.

The petition, submitted countywide but focused on reuse of a grain‑elevator property in Baker, requested that cannabis businesses be permitted with conditional use review in Ag Service Center districts (six small unincorporated town sites). Planning staff presented a countywide suitability analysis and concluded that the amendment would have limited applicability and likely produce many variance requests.

Staff told commissioners there are 259 parcels in Ag Service Center zoning across the county. Applying the county’s setbacks (500 feet from residences, day‑care or residential treatment facilities and park/playground; 1,000 feet from schools) to address points on parcels, only 23 parcels would meet the setbacks; of those 23, 22 meet the minimum one‑acre lot size for commercial use in the Ag Service Center district. Staff also reported that roughly 42 percent of the 259 parcels are substandard for the one‑acre minimum commercial lot size.

Petitioner Scott Doms and architect Kelly Wegscheid said preserving and adaptively reusing historic agricultural structures — specifically a Baker grain elevator — motivated the request and that conditional use review would allow site‑specific scrutiny rather than a blanket denial. They argued that some parcels can meet standards if owners consolidate lots or acquire adjacent land.

Commissioners discussed competing goals: protecting quiet rural residential character in small communities versus enabling adaptive reuse and local economic opportunity. Several commissioners said the ordinance was drafted to concentrate cannabis and similar uses in highway commercial areas to reduce land‑use conflicts. Others said the petition deserved Board of Commissioners consideration despite staff concerns.

After discussion, Commissioner Curt Shervin moved and Commissioner Ashley seconded a motion to recommend denial to the Board of Commissioners. The commission conducted a roll‑call vote and the motion to recommend denial passed; the item will now be forwarded to the Board of Commissioners for final action.