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HomeMy WebLinkAbout11-06-24 PC Minutes Approved: December 4, 2024 CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, NOVEMBER 6, 2024 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Kurtis Weber called to order the regular Planning Commission meeting at 6:30 p.m. ROLL CALL Present were: Chair Kurtis Weber, Commissioners Brad Bjorklund, Shelley Blilie, Joshua Collins (attending remotely), Stephen Erler, and Ben Lindau. Absent: Commissioners Arlene Mitchell, Katie Stromberg, and Jonathan Wicklund Also present were: Interim City Administrator Jessica Jagoe, Consultant Planner TJ Hofer and Councilmember Emily Rousseau. APPROVAL OF AGENDA – NOVEMBER 6, 2024 Commissioner Bjorklund moved, seconded by Commissioner Erler, to approve the November 6, 2024, agenda as presented. The motion carried unanimously (6-0). APPROVAL OF MINUTES October 9, 2024 – Planning Commission Regular Meeting Commissioner Erler moved, seconded by Commissioner Lindau, to approve the October 9, 2024, Planning Commission Regular Meeting as presented. The motion carried 5-0-1 (Commissioner Bjorklund abstained). PLANNING CASES A. Planning Case 24-019 – Zoning Code Amendment to Chapter 13, Cannabis Zoning Standards – Public Hearing Consultant Planner Hofer stated in 2023, cannabis was legalized for recreational use and the sale, possession, use, and growth of cannabis was decriminalized. The Office of Cannabis Management (OCM) is currently drafting rules and standards for licensing and use of facilities ARDEN HILLS PLANNING COMMISSION – November 6, 2024 2 that will deal with cannabis. The first draft of the rules were made available on July 30, 2024, and A Guide for Local Governments on Adult-Use Cannabis (Local Guide) was published this year with the most recent version being updated in August. The OCM recently closed the application period of Social Equity Applicants and received over 1,800 applications. Licenses are anticipated to be issued shortly after the rules from OCM are finalized in 2025. Consultant Planner Hofer reported a considerable number of changes to the City Code will be required to address the registration of cannabis businesses and the use of cannabis, however, the zoning ordinance is specifically used to control for the time, place, and manner of the operations of a cannabis business provided that such restrictions do not prohibit the establishment or operation of cannabis businesses. Notably, if the City wishes to limit the amount of cannabis retail businesses within the City, this should not be done in the zoning ordinance, but in the section that establishes standards for registration. Nonretail businesses cannot be limited by number, but can be zoned for specific areas of the City. Consultant Planner Hofer reviewed the proposed Ordinance in further detail with the Commission recommending approval of Planning Case 24-019 for a Zoning Code Amendments to Chapter 13 of the Arden Hills City Code to establish definitions for cannabis uses, establish zoning districts for cannabis uses, and establish performance standards for cannabis uses, based on the findings of fact and as presented in the November 6, 2024 Report to the Planning Commission. Consultant Planner Hofer reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval 2. Recommend Approval with Amendments 3. Recommend Denial 4. Table Chair Weber opened the floor to Commissioner comments. Chair Weber commented on an error within the Ordinance that may violate the OCM requirements. He reviewed the hours of operation suggested in Section 3.3 within the model Ordinance, which was from 8:00 a.m. to 8:00 p.m. He stated this violates OCM regulations as businesses were allowed to be open until 9:00 p.m. He recommended the hours be changed from 8:00 a.m. to 9:00 p.m. Commissioner Collins asked if this ordinance update will effect restaurants that currently could not sell THC drinks but could sell alcohol. Consultant Planner Hofer explained the proposed Ordinance does not have any language regarding low potency hemp and THC products. He indicated the Ordinance does address the manufacturing of these products. He commented the sale of THC beverages and other low potency hemp products was considered and approved in 2023. Commissioner Collins reported Indeed Brewing creates alcoholic beverages and THC beverages. He inquired if this Ordinance would restrict this activity. ARDEN HILLS PLANNING COMMISSION – November 6, 2024 3 Consultant Planner Hofer stated this Ordinance does not restrict this activity. He commented he was not well versed in the regulations surrounding the production of beer, wine, spirits and cannabis products. He indicated any producer would need to be licensed through the OCM and believed this would be dealt with at the State level and not the local level. Commissioner Collins questioned if liquor stores could sell THC beverages in Arden Hills. Consultant Planner Hofer commented this Ordinance would not address this, rather this was addressed through previous legislation that addressed low potency products and was passed in 2023. He explained the Ordinance before the Commission was to address full potency cannabis products, which includes cannabis flowers, gummies and high potency THC beverages. Commissioner Bjorklund asked how many retail shops the City was required to have, since Arden Hills didn’t have 12,500 residents. Consultant Planner Hofer reported the City was required to have at least one retail shop, but could choose to allow any number of shops through the registration process. Commissioner Bjorklund questioned if a 1,000 foot setback from schools, daycares and churches could be applied for this adult use. Consultant Planner Hofer stated as discussed by the City Council, this type of buffer was not allowed by state statute. He reported the Statute allows a 1,000 foot setback from schools and a 500 foot setback from daycares, residential treatment centers, and park equipment. Commissioner Bjorklund commented on how the B-4 district was set back as it was. He discussed how cannabis would be a destination purchase versus being an impulse purchase. He thanked staff for the time and thought they put into the proposed cannabis Ordinance. He asked how odor complaints would be addressed, noting he wanted complaints to be real and not harassing. Commissioner Lindau thanked staff for their efforts on the Ordinance. He indicated the only thing he saw that may have to be addressed was on Page 14 of the OCM Ordinance pertaining to cannabis events. He questioned if this language would be included in the City’s ordinance. Consultant Planner Hofer reported temporary events would be regulated in the section that addresses registration. Chair Weber asked if the City was considering setting a cap on the number of retail establishments. Consultant Planner Hofer stated the City Council was considering setting the cap at one retail establishment. Further discussion ensued regarding how the City would choose a path forward for selecting the one retailer in the community. ARDEN HILLS PLANNING COMMISSION – November 6, 2024 4 Chair Weber anticipated the retailer would be selected on a first come first served basis. Chair Weber opened the public hearing at 7:03 p.m. Chair Weber invited anyone for or against the amendment to come forward and make comment. There being no comment Chair Weber closed the public hearing at 7:04 p.m. Commissioner Erler recommended the reference to local ordinances be changed to the City’s ordinances. Chair Weber addressed odor control and agreed some sort of complaint system should be in place. He explained he supported the signage and outdoor cultivation recommendations. He discussed how the 1,000 foot school setback would impact where retail shops could be located in the City. He recommended this requirement be reconsidered to be less restrictive. He indicated the City should want to set up a business that succeeds. He commented on how the OCM was working reduce the stigma surrounding cannabis and he believed the goals from the OCM were admirable. He explained he supported cannabis retail in both the B-3 and B-4 zoning districts, and possibly the Gateway Business District. He reiterated that this was now a legal use in Minnesota and he wanted to see retail shops in Arden Hills succeed. He asked if the Commission would support an amendment to the Ordinance allowing for retail sales of cannabis in both the B- 3, B-4 and Gateway Business districts. Commissioner Blilie stated she would support this amendment. Chair Weber questioned if the Commission would support an amendment to the setback language. He indicated he supported the 1,000 feet from schools, but questioned if the parking lot away from Mounds View High School should be included in the “school property”. Consultant Planner Hofer stated this may be a question for the City Attorney on how school property is defined. Chair Weber suggested the Ordinance read the setback for schools shall be 1,000 feet, not separated by an interstate highway or freeway. Consultant Planner Hofer believed this type of amendment would be allowed and suggested the amendment reference principle arterials instead of interstate highways or freeways. Chair Weber moved and Commissioner Bjorklund seconded a motion to recommend approval of Planning Case 24-019 for a Zoning Code Amendments to Chapter 13 of the Arden Hills City Code to establish definitions for cannabis uses, establish zoning districts (B-3, B-4 and Gateway Business) for cannabis uses, and establish performance standards for cannabis uses, based on the findings of fact, as presented in the November 6, 2024, report to the Planning Commission and as amended per the discussion of the Planning Commission amending Sections G-2, H-1, J-1, and Subdivision 2 with the Gateway Business District being excluded from the 1,000 foot setback from the Mounds View High School. The motion carried unanimously (6-0). ARDEN HILLS PLANNING COMMISSION – November 6, 2024 5 UNFINISHED AND NEW BUSINESS None. REPORTS A. Report from the City Council Councilmember Rousseau provided the Commission with an update from the City Council. She explained the City Council would be holding a special worksession meeting on Thursday, November 7 where Rice Creek Commons will be discussed. B. Planning Commission Comments and Requests Commissioner Bjorklund commended Chair Weber on being elected to the City Council. ADJOURN Commissioner Erler moved, seconded by Commissioner Bjorklund, to adjourn the November 6, 2024, Planning Commission Meeting at 7:28 p.m. The motion carried unanimously (6-0).