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Home My WebLink About2024 12-03 Planning Commission PacketPLEASE NOTE START TIME Meeting is also available on Comcast Ch. 16 and streaming vod.maplewoodmn.gov AGENDA CITY OF MAPLEWOOD PLANNING COMMISSION 6:30 P.M. Tuesday, December 3, 2024 City Hall, Council Chambers 1830 County Road B East A.CALL TO ORDER B.ROLL CALL C.APPROVAL OF AGENDA D.APPROVAL OF MINUTES1.November 19, 2024 Planning Commission Meeting Minutes E.PUBLIC HEARING1.An Ordinance Amending Chapter 44, Articles I and II – Cannabis Businesses F.NEW BUSINESSNone G.UNFINISHED BUSINESSNone H.COMMISSION PRESENTATIONS I.STAFF PRESENTATIONSNone J.VISITOR PRESENTATIONS – 3 minute time limit per person K.ADJOURNMENT WELCOME TO THIS MEETING OF THE PLANNING COMMISSION This outline has been prepared to help you understand the public meeting process. The review of an item usually takes the following form: 1.The chairperson of the meeting will announce the item to be reviewed and ask for the staff report on the subject. 2.Staff presents their report on the matter. 3.The Commission will then ask City staff questions about the proposal. 4.The chairperson will then ask the audience if there is anyone present who wishes to comment on the proposal. 5.This is the time for the public to make comments or ask questions about the proposal. Please step up to the podium and speak clearly. Give your name and address first and then your comments. 6.After everyone in the audience wishing to speak has given his or her comments, the chairperson will close the public discussion portion of the meeting. 7.The Commission will then discuss the proposal. No further public comments are allowed. 8.The Commission will then make its recommendation or decision. 9.All decisions by the Planning Commission are recommendations to the City Council. The City Council makes the final decision. “Welcome to the meeting of the Maplewood Planning Commission. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the Planning Commission, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. At the podium please state your name and address clearly for the record.” Revised: 02/18 November 19, 2024 Planning Commission Meeting Minutes 1 MINUTES MAPLEWOOD PLANNING COMMISSION 7:00 P.M. Tuesday, November 19, 2024 City Hall, Council Chambers 1830 County Road B East A.CALL TO ORDER A meeting of the Commission was held and called to order at 7:00 p.m. by Chairperson Desai B.ROLL CALL Tushar Desai, Chairperson Present Lue Yang, Vice Chairperson Present Paul Arbuckle, Commissioner Present John Eads, Commissioner Present Allan Ige, Commissioner Present Tom Oszman, Commissioner Present Scott Wullschleger, Commissioner Present Staff Present: Michael Martin, AICP, Interim Community Development Director C.APPROVAL OF AGENDA The following amendments were proposed: Switch the order to allow New Business items to be heard before Public Hearing items. Add Agenda Item F2 Commissioner Oszman moved to approve the agenda as amended. Seconded by Commissioner Eads Ayes – All The motion passed. D.APPROVAL OF MINUTES 1.September 17, 2024 Planning Commission Meeting Minutes Commissioner Ige moved to approve the September 17, 2024 Planning Commission Meeting Minutes as submitted. Seconded by Commissioner Arbuckle Ayes – Chairperson Desai Vice Chairperson Yang Commissioner Eads Commissioner Ige Commissioner Oszman Abstain – Commissioner Wullschleger The motion passed. D1 Planning Commission Packet Page 3 of 10 November 19, 2024 Planning Commission Meeting Minutes 2 F. NEW BUSINESS 1. Capital Improvement Plan 2025-2029 Planning Commission Joe Rueb, Finance Director, presented the 2025-2029 Capital Improvement Plan and answered questions from the commission. Vice Chairperson Yang moved to approve the draft 2025-2029 Capital Improvement Plan. Seconded by Commissioner Oszman Ayes – All The motion passed. 2. Change Planning Commission Meeting from December 17, 2024 to December 3, 2024 Michael Martin, Interim Community Development Director, led a brief discussion with Commissioners on the purpose of the meeting change: to hold a public hearing for proposed amendments to the zoning code’s definitions, principal use table, and use specific standards sections to include cannabis businesses in accordance with Minnesota State Statute Section 342. Commissioner Arbuckle moved to approve changing the Planning Commission Meeting from December 17, 2024, to December 3, 2024, at 6:30 p.m. Seconded by Vice Chairperson Yang Ayes – All The motion passed. E. PUBLIC HEARING 1. Ordinance Amending Section 44-22 of the Maplewood City Code Related to Reasonable Accommodations, Including Moving the Section to a New Chapter 2, Article VI, Division 1 Michael Martin, AICP, Interim Community Development Director, gave the presentation and answered questions from the Commissioners. Chairperson Desai opened the public hearing. There were no speakers on this item. Chairperson Desai closed the public hearing. Commissioner Oszman moved to approve the ordinance amending section 44-22 of the Maplewood City Code related to Reasonable Accommodations, including moving the section to a new Chapter 2, Article VI, Division 1 and supporting a study to explore the need to establish a buffer between designated sober homes. Seconded by Commissioner Ige Ayes – All The motion passed. G. UNFINISHED BUSINESS None D1 Planning Commission Packet Page 4 of 10 November 19, 2024 Planning Commission Meeting Minutes 3 H. COMMISSION PRESENTATIONS Scott Wullschleger, the new Commissioner appointed on November 12, 2024, introduced himself to the other members of the commission. I. STAFF PRESENTATIONS None J. VISITOR PRESENTATIONS None K. ADJOURNMENT Chairperson Desai adjourned the meeting at 8:15 p.m. D1 Planning Commission Packet Page 5 of 10 THIS PAGE IS INTENTIONALLY LEFT BLANK Planning Commission Packet Page 6 of 10 PLANNING COMMISSION STAFF REPORT Meeting Date December 3, 2024 REPORT TO: Michael Sable, City Manager REPORT FROM: Michael Martin, AICP, Interim Community Development Director PRESENTER: Michael Martin, AICP, Interim Community Development Director AGENDA ITEM: An Ordinance Amending Chapter 44, Articles I And II – Cannabis Businesses Action Requested:  Motion ☐Discussion  Public Hearing Form of Action: ☐Resolution  Ordinance ☐Contract/Agreement ☐ Proclamation Policy Issue: Chapter 342 of Minnesota Statutes, approved in 2023 and updated in 2024, allows for adult-use cannabis throughout the State of Minnesota. The city council has discussed this topic and the need for ordinance amendments throughout 2024. The city council directed staff to create a separate chapter in the city code to regulate cannabis businesses. While the new cannabis code chapter is not under the planning commission's purview, three minor amendments must be made to the zoning code, which requires a public hearing and review by the planning commission. Recommended Action: Motion to approve an ordinance amending Chapter 44, Articles I and II – Cannabis Businesses. Fiscal Impact: Is There a Fiscal Impact?  No ☐ Yes, the true or estimated cost is $0.00 Financing source(s): ☐ Adopted Budget ☐ Budget Modification ☐ New Revenue Source ☐Use of Reserves  Other: n/a Strategic Plan Relevance: ☐Community Inclusiveness ☐Financial & Asset Mgmt ☐Environmental Stewardship ☐Integrated Communication  Operational Effectiveness ☐Targeted Redevelopment The city is adopting the required codes to regulate cannabis businesses in accordance with state statutes. Background: Throughout the past year, the city council has reviewed and considered information while developing its proposed cannabis ordinance. Below are some of the key elements of the council’s direction regarding cannabis businesses: E1 Planning Commission Packet Page 7 of 10 •The City of Maplewood will allow a maximum of four cannabis retail businesses—this is the minimum the city must permit. •Cannabis businesses will not be allowed as a home occupation. •Buffering requirements from schools, park features, or residential treatment facilities are 500 feet. •Cannabis businesses are permitted in the same districts as their non-cannabis counterpart. i.e. Cannabis retail and retail are permitted in the same districts. The last point requires a planning commission review. The council has directed that cannabis businesses be allowed in the same districts as their non-cannabis counterparts and that amendments to the zoning code to regulate cannabis businesses be minimized. To accomplish this directive, staff have proposed amendments to three sections of the code outlined below. •Section 44-6 Definitions o Adds six cannabis definitions matching the language used in state statutes. •Table 44-46-1 Principal Use Table o Adds a line to the principle use table for cannabis businesses. •Section 44-321 Principal Uses o Sets standards that all cannabis businesses be licensed by the state and follow all city requirements, outlines which specific zoning districts each cannabis business is permitted in, and reiterates that all buffers outlined in sections 15-12 be adhered to. Attachments: 1.An Ordinance Amending Chapter 44, Articles I and II – Cannabis Businesses E1 Planning Commission Packet Page 8 of 10 ORDINANCE NO. ______ AN ORDINANCE AMENDING CHAPTER 44, ARTICLES I AND II – CANNABIS BUSINESSES THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA ORDAINS AS FOLLOWS: Section I. Section 44-6 Definitions of the Maplewood City Code is hereby amended to add the underlined language as follows: Cannabis business has the same meaning as in Section 342.01 subd. 14 of Minnesota Statutes. Cannabis cultivation means a cannabis business licensed to grow cannabis plants within the approved amount of space from seed or immature plant to mature plant, harvest cannabis flower from mature plant, package and label immature plants and seedlings and cannabis flower for sale to other cannabis businesses, transport cannabis flower to a cannabis manufacturer located on the same premises, and perform other actions approved by the office. Cannabis delivery business means a cannabis business licensed to purchase cannabis, cannabis products, and hemp products from retailers or cannabis business with retail endorsements for transport and delivery to customers. Cannabis manufacturing means a cannabis business which involves the compounding, processing, packaging, wholesaling, testing, or treatment of cannabis products. Cannabis retailer means any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form. Cannabis transportation business means a cannabis business licensed to transport immature cannabis plants and seedlings, cannabis, cannabis products, and hemp products to licensed cannabis businesses. Section II. Table 44-46-1 Principal Use Table of the Maplewood City Code is hereby amended to add the underlined language as follows: Use Type Mixed Use Commercial Industrial Use Specific Standard MU NE NC CO BC LBC BC(M) SC M-1 M-2 Cannabis business PS PS PS PS PS PS PS PS PS See Division 19 of Chapter 44 Section III. Section 44-321 Principal Uses of the Maplewood City Code is hereby amended to add the underlined language as follows: (3)Cannabis business E1, Attachment 1 Planning Commission Packet Page 9 of 10 a.All cannabis businesses must provide evidence of a state license under Minnesota Statutes, 342.14, and be in compliance with the provisions of the Zoning Code, City Code, and all applicable state laws and regulations. b.Cannabis businesses shall be allowed as follows: I.Cannabis retail and cannabis delivery businesses in the MU, NE, NC, BC, LBC, BC(M), and SC districts; II.Cannabis cultivation and cannabis manufacturing in the M-1 and M-2 districts; and III.Cannabis transportation businesses as a CUP in the M-1 and M-2 districts. c.Buffers as stated in section 15-12 shall be required for cannabis retail businesses. E1, Attachment 1 Planning Commission Packet Page 10 of 10