The East Bethel City Council on Feb. 9 unanimously approved a conditional use permit allowing Happy Earth Made Products to operate a cannabis microbusiness focused on cultivation and production.
Interim Community Development Director Kendra Lindahl presented the item, stating the property is zoned Light Industrial and guided for that use. Cannabis microbusinesses are permitted as a conditional use in the district. The requested endorsements are for cultivation and production, not retail sales.
The Planning Commission voted 4-1 to recommend approval, Lindahl said.
East Bethel’s ordinance includes 10 standards for conditional use permit approval, which staff determined had been met. The applicant must comply with Section 30 of the zoning ordinance and Section 18, Article VIII of the Code of Ordinances.
During council discussion, Council Member Tim Miller asked whether Galaxy Gymnastics, located north of the site, was still operating. Lindahl said she was unsure.
Council Member Brian Mundle said the business had long since moved out and that the property is under different ownership. Miller said he wanted to confirm the status because of required buffer zones for cannabis businesses and said he did not want to approve a location near a business serving children if it were still active.
Mundle said he drives past the property weekly and that the gymnasium portion is now filled with vehicles. Lindahl added that city records show the gymnastics business is no longer operating.
Council Member Jim Smith asked whether the application required a conditional use permit. City Attorney Jacob Saufley said it did under the city’s code.
Saufley said that if the business ceases operations, the approval remains valid for one year for the permitted activity. A future tenant would not necessarily need to operate a cannabis-related business.
Lindahl said buffer requirements do not apply to gymnastics facilities. The code applies to schools, day cares, residential treatment facilities, public parks and other cannabis businesses.
Miller asked what would happen if a gymnastics business later began catering specifically to children. Lindahl said the city could review the matter if it arose.
Saufley said some communities have adopted stricter buffer policies for businesses that attract children but that it is unclear whether such approaches would withstand legal challenges.
He also said the city could consider amending its code in the future to regulate different endorsement levels, ranging from manufacturing to retail.
Council Member Suzanne Erkel asked whether the council could require additional security measures, such as a chain-link fence, and what would occur if conditions of approval were not met.
Lindahl said the Planning Commission’s recommendation did not require fencing because it is not mandated under city code. She added that because the site is zoned industrial, all operations would occur inside the building.
Addressing potential odor concerns, Lindahl said the state has strict regulations governing heating, ventilation and air systems in cannabis facilities. She said preventing odor from escaping into surrounding areas is a priority under state rules. If odor becomes an issue, the business would be in violation and subject to state reporting.
Evan Jones, one of the applicants, said the company plans to use a system that recirculates air within each room rather than venting it directly outside. Any air released would pass through a UV treatment system and an industrial carbon filter, he said.
Jones said cultivation would take place in soil using bench systems. He added that the company does not intend to seek retail endorsements.
Erkel said she personally opposes the state’s cannabis legalization laws based on her Christian beliefs but acknowledged that the council is bound to apply state law.
“I think I have to vote for this because it’s legal through the state, but morally I am against it,” Erkel said.