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HomeMy WebLinkAbout10.08.24 Special Planning Packet Meeting Location: Farmington City Hall, Council Chambers 430 Third Street Farmington, MN 55024 SPECIAL PLANNING COMMISSION Tuesday, October 8, 2024 5:30 PM Page 1. CALL TO ORDER 2. APPROVAL OF MINUTES 3. PUBLIC HEARINGS 4. DISCUSSION 4.1. Discussion on Cannabis Legislation and Potential Regulations Review the attached information and provide direction on potential zoning regulations for cannabis uses including cultivation, manufacturing, wholesale, retail, and transportation and delivery. Agenda Item: Discussion on Cannabis Legislation and Potential Regulations - Pdf 2 - 10 5. ADJOURN Page 1 of 10 SPECIAL PLANNING COMMISSION AGENDA MEMO To: Planning Commission From: Tony Wippler, Planning Manager Department: Planning Commission Subject: Discussion on Cannabis Legislation and Potential Regulations Meeting: Special Planning Commission Work Session - Oct 08 2024 INTRODUCTION: HKGi will be present at the work session to discuss the newly enacted cannabis legislation and how the City's zoning code could be updated to address the legislation. DISCUSSION: Attached, is a memorandum prepared by HKGi outlining what will be discussed at the work session. BUDGET IMPACT: Not applicable ACTION REQUESTED: Review the attached information and provide direction on potential zoning regulations for cannabis uses including cultivation, manufacturing, wholesale, retail, and transportation and delivery. ATTACHMENTS: 20241008_PC meeting memo Buffermaps_grouped Page 2 of 10 PLANNING COMMISSION WORKSESSION MEMO TO: City of Farmington Planning Commission FROM: Beth Richmond and Rita Trapp, Consulting Planners DATE: October 3, 2024 SUBJECT: Cannabis Legislation and Regulations MEETING DATE: October 8, 2024 OVERVIEW In 2023, the Minnesota Legislature approved a new law to expand the legalization of THC and certain types of cannabis products, as well as to permit different types of cannabis businesses. The new legislation is fairly comprehensive and established a new specialized statewide regulating authority for this matter – the Office of Cannabis Management (OCM). This office will assist cities with registration and the regulation of cannabis through zoning. The new law created 16 cannabis and hemp license types. The OCM is responsible for issuing licenses for cannabis businesses, however, local governments will be asked to certify whether an application complies with local zoning ordinances before a license is issued. Cities will need to examine their zoning regulations and make amendments to the existing city code in order to accommodate these uses, possibly creating new definitions, standards, and interpretations. To allow time for evaluation and understanding of the legislation and to prepare for its impacts, Minnesota State Statue Section 342.13(e) provided cities the authority to enact a moratorium on cannabis business through January 1, 2025. The City of Farmington chose to establish a moratorium on cannabis businesses which will expire on January 1, 2025, with no ability to extend it further. Under Minnesota Statute 342.13(d), the OCM was directed to draft model ordinances for cannabis regulation that cities can use to create their own regulations. A draft of this model ordinance was published in Summer 2024 and can be found beginning on page 23 of the OCM’s Guide for Local Minnesota Governments on Adult- Use Cannabis. The City has hired HKGi to assist with developing the City’s cannabis regulations. At the October worksession, HKGi will facilitate a discussion where Commissioners will be asked to provide direction for the City’s new cannabis regulations. To inform this discussion, this report provides an overview of the state statute, the City’s authority to regulate the different types of land use activities, cannabis retail standards, and next steps. STATE STATUTE The legalization of adult-use cannabis is underway with sales expected to begin early in 2025. OCM has the authority to license cannabis and hemp businesses and to oversee recreational and medical uses. Beginning August 1, 2024, individuals 21 years and older in Minnesota can use cannabis flower and products in their private residences (including yards), on private property, and at permitted events licensed for on-site consumption. Consuming cannabis is prohibited in motor vehicles, on school property, and in state correctional Page 3 of 10 Planning Commission Worksession Memo – Cannabis Legislation and Regulations – October 2, 2024 facilities. Individuals may also cultivate up to eight cannabis plants on private property within certain parameters. USES AND DISTRICTS Cities may not ban cannabis or hemp businesses, however, they have discretion in creating zoning standards and may set “reasonable restrictions” on the time, place, and manner of cannabis uses. These restrictions may include permitting activities in only certain zoning districts, setting minimum spacing based on the location of other uses, and creating other standards around signage, odor, or water use restrictions, etc. In consideration of the overall regulatory approach, the City will need to ensure that it is not enacting any control that could be considered a de facto ban. While there are 16 cannabis license types, the OCM recommends regulating cannabis businesses in the zoning code based on their use type. The cannabis license types have been consolidated into 8 different uses, including cultivation, manufacturing, wholesale, retail, and transportation and delivery. These uses are described in more detail on pages 13-14 of the OCM’s Cannabis Guide. The table below shows the agricultural, business, and industrial districts of the City and how similar uses are currently allowed in these districts. The second half of the table shows the cannabis-specific uses and where each is proposed based on Staff’s recommendation. For each cannabis use, the Planning Commission is asked to provide direction for the appropriate zoning districts in which the use would be allowed. The purpose statements for each zoning district are attached to this memo for reference. Uses A-1 B-1 B-2 B-3 SSMU MUCI MUCR I P/OS Existing Uses Agriculture P P Retail P P P P P P/C Light manufacturing P P Manufacturing C C Warehousing C P P Wholesale P Truck terminal P C Cannabis-Specific Uses (Proposed) Cultivation, outdoor C Cultivation, indoor C C Manufacturing (cannabis and hemp) C C Wholesale C C Cannabis retail C C C C C C Lower potency hemp edible retail C C C C C C Transportation C C Delivery C C Page 4 of 10 Planning Commission Worksession Memo – Cannabis Legislation and Regulations – October 2, 2024 CANNABIS RETAIL STANDARDS Buffer Requirements In light of what seem to be common concerns around cannabis retail locations in relation to children and vulnerable populations, state statute allows cities to require setbacks from schools of up to 1,000 feet and from day cares, playgrounds, athletic fields, other youth-oriented park attractions, and residential treatment facilities of up to 500 feet. While there is no formal guidance or specific preemption on hemp businesses or sales, cities have general zoning power and could also enact “reasonable restrictions” on hemp sales and products similar to those created for cannabis. Using the maximum spacing standards referenced in the legislation, Staff created the three attached maps showing what these setback scenarios could look like in Farmington: • Map 1 shows the maximum buffering allowed from schools (1,000 feet) • Map 2 shows the maximum buffering allowed from daycares (500 feet) • Map 3 shows the maximum buffering allowed from park attractions such as playgrounds and athletic fields (500 feet) Keeping in mind that cities may not enact any control that would effectively ban a cannabis use, the Planning Commission should review the maps to determine if buffers are desired for any or all of these uses, and if so, what the appropriate buffer width might be. Minimum Distance Between Businesses While cities may not ban cannabis uses entirely, cities do have the authority to limit the number of cannabis retail businesses within their boundaries. The most restrictive limit would be to allow no more than one cannabis retail business per 12,500 residents. With the City of Farmington’s current population, this limit would result in the opportunity for the creation of a maximum of two cannabis retail businesses. Staff has indicated that the City is interested in enacting this limit. Note that there are no limits to local registration requirements for non-retail cannabis businesses, therefore, the City will not be able to restrict the number of producers or manufacturers. State Statute does allow municipalities to set a minimum buffer distance between cannabis retail businesses. If the City is concerned about the potential number or concentration of retail operations, a minimum buffer requirement could be considered. This would come into effect only after a retail business was established and would impact the potential location of a second business. If the Planning Commission indicates an interest in this buffer, additional mapping should be completed to determine an appropriate buffer distance. Hours of Operation Cannabis retail sales are prohibited by the State between 2:00 am and 8:00 am Monday-Saturday and between 2:00am and 10:00am on Sundays. This is specific to cannabis sales, but could be used for hemp sales as well. Cities may choose to limit this further if desired. The minimum hours of operation which must be allowed are between 10:00am and 9:00pm, seven days a week. The Planning Commission should provide direction on whether hours of operation should be limited further. Page 5 of 10 Planning Commission Worksession Memo – Cannabis Legislation and Regulations – October 2, 2024 REQUESTED ACTION HKGi is requesting Planning Commission direction on potential zoning regulations for cannabis uses including cultivation, manufacturing, wholesale, retail, and transportation and delivery. Based on this discussion, and for the duration of the moratorium, HKGi will work with City Staff, the Planning Commission, and the City Council to create or amend the necessary Code provisions in order to provide a framework for these products and uses moving forward. ATTACHMENTS • Zoning District Purpose Statements • Buffer Maps: o Map 1 – Maximum Buffer – Schools o Map 2 – Maximum Buffer – Daycares o Map 3 – Maximum Buffer – Park Attractions Page 6 of 10 Planning Commission Worksession Memo – Cannabis Legislation and Regulations – October 2, 2024 Farmington Zoning District Purpose Statements A-1 Agriculture District: The A-1 Agriculture District is intended to preserve the City's agricultural uses in order to protect farms, to maintain the City's small town character and to create an urban reserve for such time when there is a need for additional urban development and public utilities may be extended. B-1 Highway Business District: The B-1 Highway Business District is intended to provide nodes of commercial uses along major roadways that are both pedestrian accessible from adjoining neighborhoods and automobile accessible for short trips and through traffic. B-2 Downtown Business District: The B-2 Downtown Business District identifies a variety of general commercial and higher density residential uses for the downtown area in order to expand and strengthen the downtown as the primary commercial district for the city, create a pedestrian friendly downtown, and promote the city as a cultural center. Objectives of this district are to preserve historical buildings, require high design standards, and provide a diverse mix of community oriented commercial and cultural activities that are pedestrian oriented and accessible to area residents. B-3 General Business District: The B-3 General Business District accommodates existing areas with commercial and industrial businesses that incorporate site design measures to ensure their compatibility with adjacent properties. SSMU Spruce Street Mixed Use District: The SSMU Spruce Street Mixed Use District is primarily designated for commercial retail sales and services. This district is not intended to compete with the businesses in the central business district; rather, it is intended to provide a location for those businesses that have space needs that cannot be accommodated in the downtown or would be a disruption to existing development patterns. Development in this district will provide design elements and building and site relationships that emulate traditional main street form to create a walkable pedestrian friendly environment with connections to surrounding areas. The relationship of the Spruce Street mixed use district to CSAH 50, future residential development, and the central business district will require a greater sensitivity to design with higher quality standards in order to develop a pleasant, attractive and aesthetically pleasing environment. MUCI Mixed Use Commercial/Industrial District: The MUCI Mixed Use Commercial/Industrial District provides for the development of larger mixed business areas along major roadways, including services, offices, research laboratories, and light manufacturing uses without any exterior activities, as well as compatible commercial uses. This district is intended to be flexible to accommodate a mix of non-residential uses and development formats. MUCR Mixed Use Commercial/Residential District: The MUCR Mixed Use Commercial/Residential District is established to provide a flexible framework for the creation of high quality, comprehensively designed commercial neighborhood development with a multiple-family component. A variety of developments are encouraged, with developments designed to promote walking, bicycling and potential transit use. I Industrial District: The I Industrial District provides areas for existing and future industrial uses and promotes high quality architectural, landscaping and site plan development standards in order to increase the City's tax base and employment opportunities. This district requires that exterior industrial activities and storage are limited and fully screened to minimize impacts on adjacent properties and public rights-of-way. P/OS Parks and Open Space District: The P/OS Parks and Open Space District provides recreational and leisure opportunities through publicly owned land and recognizes vital environmental resources including steep slopes, wetlands, and floodplains. Page 7 of 10 179th 193rd Ea t o n U pp e r 182nd 180th 187 t h 6 t h Larch 1 1 t h 13 t h 1 4 t h F i e l d c r e s t 224th G allif r e y Colonial 2n d S p r uce F ormos a E u clid Fortune D o v e r En g l i s h E v ensong 1 9 8 t h D e e r b r o o k e Upper 183rd Hickory E v e r e st E v e r h ill 7t h 203rd 185t h Ech o Dunbury E m b e r s G l as g ow E c l i p s e Main E m b r y D u l u t h 183rd Emerald E n g l e w ood 206th Fi r e b i r d E r i c k s o n Gerd i ne Oak4t h 1st 5 t h 3 r d 8 t h Even i ng Star 189th D i a m o n d Evenston E x calibur D y l a n 7 t h C a n t o n Ca r m e l 202nd Camrose 205th Calgary C a l i c o Cla r e m o n t 194th 191st Catt a i l Ca l d w e l l C e n t u r y 199th Ca s t l e Cl e a t 190th Bu t t e r n u t Ca b r i l l a 200th Cal u m e t 203rd 198th 205t h S t r e e t 201st Ch e v e l l e C h i l i De n m a r k Fo r d h a m 197th E s s e x 210th 230th Co l o r a d o F a i r g r e e n Bi s c a y n e F l a g s t a f f Be r r i n g 225th 245th 195th 200th D e n m a r k 190 t h Fl a g s t a f f Walnut A k i n 211th F l a g s t a f f 220th 209th Fl a n d e r s 210th Fl e m m i n g 208th 208th 66 50 50 74 31 78 78 31 50 3 3 Farmington Cannabis Ordinance School Buffer Zones: 1,000 ft DRAFT Date Exported: 9/27/2024 0 10.5Miles F 1,000 ft Buffer School Parcels Farmington OAA Zoning District A-1 (Agriculture) R-1 (Low Density Residential) R-2 (Low/Medium Density Residential) R-3 (Medium Density Residential) R-4 (High Density Residential) R-D (Downtown Residential) MUCR (Mixed-Use Commercial/ Residential) B-1 (Highway Business) B-2 (Downtown Business) B-3 (General Business) SSMU (Spruce Street Mixed-Use) MUCI (Mixed-Use Commercial/ Industrial) I (Industrial) P/OS (Parks/Open Space) Fo l d e r : M : \ F a r m i n g t o n \ 0 2 4 - X X X F a r m i n g t o n C a n n a b i s O r d i n a n c e \ 0 6 G I S \ P r o j e c t s \ F a r m i n g t o n C a n n a b i s O r d i n a n c e \ Page 8 of 10 179th 193rd Ea t o n U pp e r 182nd 180th 187 t h 6 t h Larch 1 1 t h 13 t h 1 4 t h F i e l d c r e s t 224th G allif r e y Colonial 2n d S p r uce F ormos a E u clid Fortune D o v e r En g l i s h E v ensong 1 9 8 t h D e e r b r o o k e Upper 183rd Hickory E v e r e st E v e r h ill 7t h 203rd 185t h Ech o Dunbury E m b e r s G l as g ow E c l i p s e Main E m b r y D u l u t h 183rd Emerald E n g l e w ood 206th Fi r e b i r d E r i c k s o n Gerd i ne Oak4t h 1st 5 t h 3 r d 8 t h Even i ng Star 189th D i a m o n d Evenston E x calibur D y l a n 7 t h C a n t o n Ca r m e l 202nd Camrose 205th Calgary C a l i c o Cla r e m o n t 194th 191st Catt a i l Ca l d w e l l C e n t u r y 199th Ca s t l e Cl e a t 190th Bu t t e r n u t Ca b r i l l a 200th Cal u m e t 203rd 198th 205t h S t r e e t 201st Ch e v e l l e C h i l i De n m a r k Fo r d h a m 197th E s s e x 210th 230th Co l o r a d o F a i r g r e e n Bi s c a y n e F l a g s t a f f Be r r i n g 225th 245th 195th 200th D e n m a r k 190 t h Fl a g s t a f f Walnut A k i n 211th F l a g s t a f f 220th 209th Fl a n d e r s 210th Fl e m m i n g 208th 208th 66 50 50 74 31 78 78 31 50 3 3 Farmington Cannabis Ordinance Daycare Buffer Zones: 500 ft DRAFT Date Exported: 9/27/2024 0 10.5Miles F 500 ft Buffer Daycare Parcels Farmington OAA Zoning District A-1 (Agriculture) R-1 (Low Density Residential) R-2 (Low/Medium Density Residential) R-3 (Medium Density Residential) R-4 (High Density Residential) R-D (Downtown Residential) MUCR (Mixed-Use Commercial/ Residential) B-1 (Highway Business) B-2 (Downtown Business) B-3 (General Business) SSMU (Spruce Street Mixed-Use) MUCI (Mixed-Use Commercial/ Industrial) I (Industrial) P/OS (Parks/Open Space) Fo l d e r : M : \ F a r m i n g t o n \ 0 2 4 - X X X F a r m i n g t o n C a n n a b i s O r d i n a n c e \ 0 6 G I S \ P r o j e c t s \ F a r m i n g t o n C a n n a b i s O r d i n a n c e \ Page 9 of 10 179th 193rd Ea t o n U pp e r 182nd 180th 187 t h 6 t h Larch 1 1 t h 13 t h 1 4 t h F i e l d c r e s t 224th G allif r e y Colonial 2n d S p r uce F ormos a E u clid Fortune D o v e r En g l i s h E v ensong 1 9 8 t h D e e r b r o o k e Upper 183rd Hickory E v e r e st E v e r h ill 7t h 203rd 185t h Ech o Dunbury E m b e r s G l as g ow E c l i p s e Main E m b r y D u l u t h 183rd Emerald E n g l e w ood 206th Fi r e b i r d E r i c k s o n Gerd i ne Oak4t h 1st 5 t h 3 r d 8 t h Even i ng Star 189th D i a m o n d Evenston E x calibur D y l a n 7 t h C a n t o n Ca r m e l 202nd Camrose 205th Calgary C a l i c o Cla r e m o n t 194th 191st Catt a i l Ca l d w e l l C e n t u r y 199th Ca s t l e Cl e a t 190th Bu t t e r n u t Ca b r i l l a 200th Cal u m e t 203rd 198th 205t h S t r e e t 201st Ch e v e l l e C h i l i De n m a r k Fo r d h a m 197th E s s e x 210th 230th Co l o r a d o F a i r g r e e n Bi s c a y n e F l a g s t a f f Be r r i n g 225th 245th 195th 200th D e n m a r k 190 t h Fl a g s t a f f Walnut A k i n 211th F l a g s t a f f 220th 209th Fl a n d e r s 210th Fl e m m i n g 208th 208th 66 50 50 74 31 78 78 31 50 3 3 Farmington Cannabis Ordinance Park Buffer Zones: 500 ft DRAFT Date Exported: 9/27/2024 0 10.5Miles F 500 ft Buffer Park Type Parks Farmington OAA Zoning District A-1 (Agriculture) R-1 (Low Density Residential) R-2 (Low/Medium Density Residential) R-3 (Medium Density Residential) R-4 (High Density Residential) R-D (Downtown Residential) MUCR (Mixed-Use Commercial/ Residential) B-1 (Highway Business) B-2 (Downtown Business) B-3 (General Business) SSMU (Spruce Street Mixed-Use) MUCI (Mixed-Use Commercial/ Industrial) I (Industrial) P/OS (Parks/Open Space) Fo l d e r : M : \ F a r m i n g t o n \ 0 2 4 - X X X F a r m i n g t o n C a n n a b i s O r d i n a n c e \ 0 6 G I S \ P r o j e c t s \ F a r m i n g t o n C a n n a b i s O r d i n a n c e \ Page 10 of 10