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HomeMy WebLinkAbout12.10.24 Planning Packet Meeting Location: Farmington City Hall 430 Third Street Farmington, MN 55024 PLANNING COMMISSION Tuesday, December 10, 2024 7:00 PM Page 1. CALL TO ORDER 2. APPROVAL OF MINUTES 2.1. Approve Planning Commission Minutes Approve the minutes from the November 12, 2024 regular meeting. Agenda Item: Approve Planning Commission Minutes - Pdf 2 - 6 3. PUBLIC HEARINGS 3.1. Akin Knoll Combined Preliminary and Final Plat - CONTINUE Continue the public hearing to the January 14th Planning Commission meeting. Agenda Item: Akin Knoll Combined Preliminary and Final Plat - CONTINUE - Pdf 7 3.2. Ordinance Amendments to Title 10, Chapters 2, 5, and 6 of the Farmington City Code as it Relates to Cannabis Business Recommend the City Council approve Ordinance No. 2024-13, an ordinance amending Title 10, Chapters 2, 5, and 6 of the Farmington City Code as it relates to cannabis business. Agenda Item: Ordinance Amendments to Title 10, Chapters 2, 5, and 6 of the Farmington City Code as it Relates to Cannabis Business - Pdf 8 - 12 4. DISCUSSION 5. ADJOURN Page 1 of 12 PLANNING COMMISSION AGENDA MEMO To: Planning Commission From: Tony Wippler, Planning Manager Department: Planning Commission Subject: Approve Planning Commission Minutes Meeting: Planning Commission - Dec 10 2024 INTRODUCTION: Attached, are the minutes from the November 12, 2024 regular meeting. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve the minutes from the November 12, 2024 regular meeting. ATTACHMENTS: November 12th PC Minutes Page 2 of 12 CITY OF FARMINGTON PLANNING COMMISSION MINUTES REGULAR MEETING November 12th, 2024 1. CALL TO ORDER The meeting was called to order by Chair Rotty at 7:00pm Members Present: Rotty, Lehto, Windschitl, Snobeck, Tesky Members Absent: None Staff Present: Tony Wippler, Planning Manager Jared Johnson, Planning Coordinator Deanna Kuennen, Community & Economic Development Director Leah Koch, City Attorney Rita Trapp, HKGi 2. APPROVAL OF MINUTES MOTION by Windschitl, second by Tesky to approve minutes of Planning Commission for October 8th, 2024, regular meeting. APIF, MOTION CARRIED 3. PUBLIC HEARINGS Chair Rotty opened all public hearings. 3.1 Combined Preliminary and Final Plat for Akin Knoll- Planning Coordinator Johnson the applicant has requested continuation while they make adjustments to their plans. MOTION by Tesky second by Lehto to continue until the December Planning Commission Meeting. APIF MOTION CARRIED. 4. DISCUSSION 4.1 Final Plat and Planned Unit Development-Farmington Technology Park – Planning Manager Wippler presented The City of Farmington seeking to amend the 2040 Comprehensive plan on behalf of Tract. Farmington Technology Park consists of three parcels: • Fountain Valley Golf Course (PID #4-00500-01-012) owned by Bryce & Carole Olson • Former Angus property (PID#’s 07-00500-76-011 & 07-00500-76012 owned by ISD 192 Final Plat- • Consists of 3 lots over 338.35 acres o Lot 1, Block 1- 150.74 acres, northern portion of data center campus. o Lot 2, Block 1- 2.07 acres, to be deeded to city for utility purposes. o Lot 1, Block 2-185.54 acres, southern portion of data center campus. This lot is encumbered with approximately 69 acres of floodplain. Page 3 of 12 • 75-foot-wide right-of-way along eastern boundary of Lot 1, Block 1 for future Dakota County Biscayne Avenue. Biscayne Avenue will not be constructed as part of this development. • City Council approved preliminary plat and preliminary PUD on November 4, 2024. The final plat is consistent with the approved preliminary plat. • Tract is proposing a master planned data center technology park that could provide: o Up to 12 data center buildings and 2 administrative buildings (up to 6 data center buildings and 1 administrative building per lot) o Square footage of data centers on the northern campus up to 1,600,400 square feet and up to 933,800 square feet on southern campus. o Northwest corner of Lot 1, Block 1 labeled “Reserved for future electric utilities”. This is potential location of an electric substation. o Future site plans will be required to be approved by Planning Commission prior to construction of any data center building and ancillary use. • Four anticipated accesses’ for the campuses: o North Campus- MN 50 and 225th St W o South Campus- 225th St. W and Biscayne Ave. o Turn lane improvements will be required on TH 3 and MN 50 Tract is proposing the development be approved as PUD and suggest certain development standards be established and include language on the following: ○ Building Setbacks ○ Natural Buffers ○ Landscaping ○ General Design Standards ○ Building Height ○ Fences ○ Electric Utility Lines ○ Noise ○ Parking ○ Substations ○Private Communication Towers ○ Maximum Lot Coverage ○ Lighting Chair Rotty asked Planning Manager Wippler to clarify about the PUD ordinance. He stated that this will be for all PUD’s moving forward to have easier access to requirements in code instead of in each PUD. Commissioner Lehto asked to describe the difference between final plat and site plan. Planning Manager Wippler explained the plat maps out the parcel. The site plan is to identify building location, parking lots etc. Jacob Steen from Tract explained regarding building height they are going to go to every foot over 50ft they would go back 5ft instead of 2ft. Commissioner Windschitl asked about requiring 10ft for berms and why they chose that size vs. bigger, Mr. Steen explained that they wanted to start at the minimum with additional landscaping before doing a larger berm and have flexibility moving forward. He then asked about the perimeter fencing being on the outside of the berm instead of inside. Mr. Steen stated due to existing fences and security reasons that it was ideal spot, there will still be a security fence further in property line. Commissioner Lehto asked estimated loss for the current homeowners for open space behind their homes, he estimates 2-6ft depending on the home. She then asked about low frequency noise mitigation, effects etc. Mr. Steen said until they have the specific equipment placed, they can’t state what will need to be done. Commissioner Snobeck asked about berm heights and what affect changing from 10ft to a higher (15ft/20ft). Mr. Steen stated they can review case Page 4 of 12 by case once the buildings are set. Chair Rotty asked their timeline. Mr. Steen said it will be in phases to build out, work should begin in next year or two but up to 7 years for full build out. MOTION by Commissioner Windschitl, second by Lehto for positive recommendation to council upon meeting the city contingency of development contract between developer and City of Farmington shall be executed and security and fees paid. Submission of all other documents required under the development contract shall be required. APIF MOTION CARRIED 4.2 Cannabis Legislations and Regulations- Rita Trapp from HKGi presented draft standards. • Definitions o Cannabis Cultivation-a use involving the licensed growing and harvesting cannabis. o Cannabis of Hemp Mfg.-an establishment or use of land which involves the compounding, processing, packaging, wholesaling, testing, treatment, transportation, or delivery of cannabis or hemp products o Cannabis Retail-a licensed establishment where cannabis flowers, immature cannabis plants and seedlings, and related products as allowed by law are sold to individual consumers who are at least 21 years of age. o Lower Potency Hemp Edible Retail-a licensed establishment where lower hemp edible products are sold to individual consumers who are at least 21 years of age. • Uses & Districts- Proposed in A-1, B-1, B-2, B-3, SSMU, MUCI, and I • Cannabis Standards o General consensus to not require buffers from schools, daycares, parks or residential treatment facilities for any cannabis uses. o City should establish limit for retail businesses “no more than one business per 12,500 residents.” Maximum of two retail businesses based on current population. o Hours of operation: ▪ Cannabis retail 8:00am-10:00pm Monday-Saturday and 10:00am- 9:00pm on Sundays. ▪ Lower Potency hemp edible retail prohibited between 2:00am- 8:00am Monday to Saturday and 2:00am-10:00am on Sundays. o Designed to match as closely as possible to hours for off and on-sale liquor. o Hemp hours match the state’s requirements. o As conditional uses, all cannabis uses would be required to meet standards in section 10-3-5 of Zoning Code. o City may consider creating additional standards for certain/all cannabis businesses i.e.; Site security, prohibition of outdoor storage Commissioner Snobeck asked if there could be a similar situation where you can buy a cigar and smoke it at the shop. City Attorney Leah Koch stated there is a possibility for the State to allow onsite consumption. Planning Manager Wippler stated if the city were to do a municipal retail store it would not count as one of the two permitted retail establishments. Page 5 of 12 Commissioner Lehto asked about individual growing in the home, is it licensed by the state, City Attorney Leah Koch said it is not regulated by the state. Ms. Trapp then discussed the next steps: • Create ordinance language • December 10th Public Hearing at Planning Commission • December 16th City Council Adoption 5. ADJOURN MOTION by Tesky second by Snobeck to adjourn at 8:14pm. APIF MOTION CARRIED Respectfully submitted, Tony Wippler, Planning Manager Page 6 of 12 PLANNING COMMISSION AGENDA MEMO To: Planning Commission From: Jared Johnson, Planning Coordinator Department: Community Development Subject: Akin Knoll Combined Preliminary and Final Plat - CONTINUE Meeting: Planning Commission - Dec 10 2024 INTRODUCTION: A public hearing was scheduled and noticed back for the November 12th Planning Commission meeting for the Akin Knoll combined Preliminary and Final Plat located at 19927 Akin Road. The applicant, Kerry Hanifl, requested the public hearing be continued to the December 10th Planning Commission meeting due to modifications being done to the plans. The applicant is now requesting an additional extension to the January 14th Planning Commission meeting as the modified plans are almost ready to go but some details still need to be finalized. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Continue the public hearing to the January 14th Planning Commission meeting. Page 7 of 12 PLANNING COMMISSION AGENDA MEMO To: Planning Commission From: Tony Wippler, Planning Manager Department: Planning Commission Subject: Ordinance Amendments to Title 10, Chapters 2, 5, and 6 of the Farmington City Code as it Relates to Cannabis Business Meeting: Planning Commission - Dec 10 2024 INTRODUCTION: Attached, for the Commission's review is Ordinance No. 2024-13 which amends Title 10, Chapters 2, 5, and 6 of the Farmington City Code to address the recent state approved cannabis legislation and regulations. DISCUSSION: As the Commission is aware, there have been several meetings and/or work sessions to discuss the cannabis legislation and the need for the City to update the its zoning code to address it. Based on information received during these meetings and work sessions, staff has prepared the attached ordinance for the Commission to review. The amendments include the following:  Adding definitions for Cannabis Cultivation, Cannabis or Hemp Manufacturing, Cannabis Retail, and Lower Potency Hemp Edible Retail.  Adds Cannabis Cultivation, Indoor and Outdoor as conditional uses in the A-1 zoning district.  Adds Cannabis Retail and Lower Potency Hemp Edible Retail as conditional uses within the B-1, B-2, B-3, SSMU, and MUCI zoning districts.  Adds Cannabis Cultivation, Indoor and Cannabis or Hemp Manufacturing as conditional uses within the I zoning district.  Creation of Section 31 of Chapter 6 within Title 10 regarding Cannabis Business Standards. These standards include: (a) the need to provide evidence of a state license for a proposed cannabis business, (b) includes the limit standard as outlined in state statutes of no more than 1 cannabis retail business per 12,500 residents, and (c) establishes hours of operation for Cannabis Retail and Lower Potency Hemp Edible Retail. BUDGET IMPACT: Not applicable ACTION REQUESTED: Recommend the City Council approve Ordinance No. 2024-13, an ordinance amending Title 10, Chapters 2, 5, and 6 of the Farmington City Code as it relates to cannabis business. Page 8 of 12 ATTACHMENTS: 2024-13 Amending Title 10 Related to Cannabis Businesses Page 9 of 12 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE 2024-13 AN ORDINANCE AMENDING TITLE 10, CHAPTERS 2, 5, AND 6 OF THE FARMINGTON CITY CODE AS IT RELATES TO CANNABIS BUSINESSES The City Council of the City of Farmington ordains: SECTION 1. Title 10, Chapter 2, Section 1 of the Farmington City Code is amended by adding the underlined language as follows: 10-2-1: ZONING DEFINITIONS: CANNABIS CULTIVATION: A use involving the licensed growing and harvesting of cannabis. CANNABIS OR HEMP MANUFACTURING: An establishment or use of land which involves the compounding, processing, packaging, wholesaling, testing, treatment, transportation, or delivery of cannabis or hemp products. CANNABIS RETAIL: A licensed establishment where cannabis flowers, immature cannabis plants and seedlings, and related products as allowed by law are sold to individual consumers who are at least 21 years of age. LOWER POTENCY HEMP EDIBLE RETAIL: A licensed establishment where lower- potency hemp edible products are sold to individual consumers who are at least 21 years of age. SECTION 2. Title 10, Chapter 5, Sections 5, 11, 12, 13, 14, 15, and 17 of the Farmington City Code is amended by adding the underlined language as follows: 10-5-5: A-1 AGRICULTURAL DISTRICT: (C) Uses: 2. Conditional: Cannabis cultivation, outdoor Cannabis cultivation, indoor 10-5-11: B-1 HIGHWAY BUSINESS DISTRICT: (C) Uses: 2. Conditional: Cannabis retail Lower potency hemp edible retail Page 10 of 12 Ordinance 2024-13 Page 2 of 3 10-5-12: B-2 DOWNTOWN BUSINESS DISTRICT: (C) Uses: 2. Conditional: Cannabis retail Lower potency hemp edible retail 10-5-13: B-3 GENERAL BUSINESS DISTRICT: (C) Uses: 2. Conditional: Cannabis retail Lower potency hemp edible retail 10-5-14: SSMU SPRUCE STREET MIXED USE DISTRICT: (C) Uses: 2. Conditional: Cannabis retail Lower potency hemp edible retail 10-5-15: MUCI – MIXED USE COMMERCIAL/INDUSTRIAL DISTRICT: (C) Uses: 2. Conditional: Cannabis retail Lower potency hemp edible retail 10-5-17: I INDUSTRIAL DISTRICT: (C) Uses: 2. Conditional: Cannabis cultivation, indoor Cannabis or hemp manufacturing SECTION 3. Title 10, Chapter 6 of the Farmington City Code is amended by adding the underlined language as follows: 10-6-31: Cannabis Business Standards: (A) Cannabis cultivation: 1. All cannabis cultivation businesses must provide evidence of a state license under Minnesota Statute 342.14 and be in compliance with the provisions of the Zoning Code, City Code, and all applicable state laws and regulations. (B) Cannabis or hemp manufacturing: 1. All cannabis or hemp manufacturing businesses must provide evidence of a state license under Minnesota Statute 342.14 and be in compliance with the provisions of the Zoning Code, City Code, and all applicable state laws and regulations. Page 11 of 12 Ordinance 2024-13 Page 3 of 3 (C) Cannabis retail: 1. The City shall limit the number of cannabis retail businesses in the City to no more than one business per 12,500 residents. 2. Hours of operation for cannabis retail uses shall be between 8 am and 10 pm Monday through Saturday and between 10 am and 9pm on Sundays. 3. All cannabis retail businesses must provide evidence of a state license under Minnesota Statute 342.14 and be in compliance with the provisions of the Zoning Code, City Code, and all applicable state laws and regulations. (D) Lower potency hemp edible retail: 1. Lower potency hemp edible retail uses shall be prohibited between the hours of 2 am and 8 am Monday through Saturday and between 2 am and 10 am on Sundays. 2. All lower potency hemp edible businesses must provide evidence of a state license under Minnesota Statute 342.14 and be in compliance with the provisions of the Zoning Code, City Code, and all applicable state laws and regulations. SECTION 4. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available for inspection and without cost by any person of the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. This ordinance includes the following changes related to Title 10, Chapters 2, 5 and 6: • Provides definitions for Cannabis Cultivation, Cannabis or Hemp Manufacturing, Cannabis Retail, and Lower Potency Hemp Edible Retail. • Adds Cannabis Cultivation, Indoor and Outdoor as conditional uses in the A-1 zoning district. • Adds Cannabis Retail and Lower Potency Hemp Edible Retail as conditional uses within the B-1, B-2, B-3, SSMU and MUCI zoning districts. • Adds Cannabis Cultivation, Indoor and Cannabis or Hemp Manufacturing as conditional uses within the I zoning district. • Creation of Title 10, Chapter 6, Section 31, Cannabis Business Standards. SECTION 5. EFFECTIVE DATE. This ordinance shall be effective upon its passage and publication according to law. Passed by the City Council of the City of Farmington, Minnesota, this 16th day of December 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 12 of 12