Planning Commission Minutes - 11/04/2024Planning Commission Minutes—11/04/24
MINUTES
REGULAR MEETING — PLANNING COMMISSION
NOVEMBER 4, 2024— 6:00 p.m.
Mississippi Room, Monticello Community Center
Commissioners Present: Vice Chair Andrew Tapper, Melissa Robeck, Rob Stark
Commissioners Absent: Chair Paul Konsor, Teri Lehner
Council Liaison: Councilmember Gabler
Staff: Angela Schumann, Steve Grittman, Ron Hackenmueller, Tyler Bevier
1. General Business
A. Call to Ordpr
B. Roll Call
Vice Chair Andrew Tapper called the regular meeting of the Monticello Planning
Commission to order at 6:02 p.m.
C. Consideration of Additional Agenda Items
None
D. Approval of Agenda
MELISSA ROBECK MOVED TO APPROVE THE NOVEMBER 4, 2024 REGULAR
PLANNING COMMISSION MEETING AGENDA. ROB STARK SECONDED THE
MOTION. MOTION CARRIED, 3-0.
E. Approval of Meeting Minutes
• Regular Meeting Minutes
- June 4, 2024
• Regular Meeting Minutes
—August 6, 2024
• Workshop Minutes — September 3, 2024
• Regular Meeting Minutes
— September 3, 2024
• Regular Meeting Minutes
— October 1, 2024
• Special Meeting Minutes —
October 23, 2024
ROB STARK MOVIED TO TABLE THE MINUTES OF JUNE 4, 2024, AUGUST 6, 2024
AND THE WORKSHOP MINUTES OF SEPTEMBER 3, 2024. MELISSA ROBECK
SECONDED THE MOTION. MOTION CARRIED, 3-0.
• Regular Meeting Minutes — October 1, 2024
Planning Commission Minutes—11/04/24
ROB STARK MOVED TO APPROVE THE OCTOBER 1, 2024 REGULAR MEETING
MINUTES. ANDREW TAPPER SECONDED THE MOTION. MOTION CARRIED 3-0.
• Special Meeting Minutes — October 23, 2024
MELISSA ROBECK MOVED TO APPROVE THE OCTOBER 23, 2024, SPECIAL
MEETING MINUTES. ROB STARK SECONDED THE MOTION. MOTION CARRIED
3-0.
F. Citizen Comment
None.
2. Public Hearings
A. Consideration of an amendment to Title IX for General Regulations, Title XI for
Business Regulations and Title XV, Chapter 153: Zoning, for the regulation of
Cannabis land uses subject to local adoption of the provisions and mandates of
the Minnesota State Statute Chapter 342. Applicant: City of Monticello
City Planner Steve Grittman gave an overview of the 2022 adoption of the law
from the State of Minnesota regarding Hemp/THC products, with full legalization
in 2023 of Cannabis for personal use and sale. A moratorium ordinance was
enacted by the City Council in 2023 to allow time for the State to develop its
regulations and local governments time for preparation of zoningregulations.
The moratorium expires on January 1, 2025 with a renewal prohibited.
Steve Grittman gave a brief overview of the retail registration component from
past special meetings of October 1, 2024 and October 23, 2024 leading up to this
evening's public hearing regarding land -use and zoning regulations. Presented
for the zoning ordinance amendment was an overview of the ordinance relating
to definitions, general -use standards, allowable uses by district, specific use
standards and temporary events.
Steve Grittman spoke about the requirements for retail registrations regarding
population thresholds, and reminded policymakers that the population for
Monticello requires two retail registrations be allowed, as well as the delegation
of registration to Wright County. He spoke about the 16 different types of
cannabis businesses licenses. Regulations in time, place and manner are at the
City's discretion. The City can enact the statutory maximum buffers, yet the City
cannot prohibit any of the 16 types of cannabis business. The general regulations
are utilizing the state statutory definitions as well as local definitions. Steve
Grittman indicated that the use -specific standards include no outdoor storage,
management of odor, compliance with zoning ordinance, and compliance with
state statute.
Planning Commission Minutes—11/04/24
Steve Grittman indicated that the amendment proposes cannabis retail activities
be limited to the B-3 and B-4 Districts, based on the rationale of consolidation of
retail trips. Steve Grittman explained that other cannabis uses would be located
in industrial districts, reserving industrial land for industrial purposes versus the
introduction of retail commercial uses in those districts. The 1-1 (Light
Industrial) uses are conditional for cannabis businesses and the 1-2 (Heavy
Industrial) cannabis businesses are permitted.
Steve Grittman gave an overview of cannabis mezzobusiness and
microbusinesses and stated they are a combination of differing types of cannabis
businesses and may include retail and industrial uses mixed into a single license;
and may have two sites, with the proposed ordinance written as retail reserved
for commercial areas and the industrial reserved for industrial zones in the
community. These business may include cultivation and packaging and would be
exclusive to the industrial portions of the City, with microbusiness allowed up to
5,000 sq. feet of cultivation and the mezzobusiness allowing up to 15,000 sq.
feet of cultivation.
Steve Grittman illustrated how staff were able to incorporate the statutory
requirements into the zoning requirements via a use -specific table for exclusive
use of cannabis businesses. He walked through the table beginning with
residential districts, and that they do not allow any cannabis uses; with
commercial districts for retail use limited to B-3 and B-4. The exception to retail
would allow lower -potency hemp edibles as permitted in B-2 districts, as this is
in tandem with existing uses from tobacco license uses. He concluded with
allowances for the other types of non -retail cannabis businesses as permitted or
conditional in the Industrial districts of 1-1 and 1-2, and showed the exception for
cannabis delivery would allow a business to locate in the B-2.
Steve Grittman gave an overview of the maximum buffering allowed by statute,
and City staff's recommendation regarding buffers for parks, residential
treatment facilities, daycares and schools. The statute allows for up to 1000'
from a school, and 500' from a daycare, residential treatment facility, and parks
regularly used by minors, including playgrounds and athletic fields. Regarding
buffers specifically for daycares, the ordinance is drafted to require buffers in
place within districts where cannabis is not allowed. Regarding park buffering,
the approach poses the least risk from the City Attorney's interpretation, yet
Steve Grittman indicated that there may need to be staff level interpretation and
the long-term planning to define those areas more regarding parks and
Planning Commission Minutes—11/04/24
illustrated the similar struggle that other Minnesota cities are having in regard to
park buffers.
Commissioner Rob Stark asked about Wright County's buffers. Community
Development Director Angela Schumann indicated that the county is still
working on their ordinance as some Wright County communities would have had
a de facto ban utilizing the maximum buffers. Angela Schumann spoke about the
pending ordinance from Wright County that staff will review in the coming
weeks as their ordinance is adopted and will bring any changes back to the
Planning Commission.
Steve Grittman spoke to the number of parcels allowed for use and illustrated
preliminary mapping showing that at least 25% of all parcels in the zoning
districts where cannabis businesses are allowed are available for commercial
retail and industrial cannabis uses, and again reminded Commissioners that the
statute only requires up to two retail licenses within The City.
Steve Grittman spoke about temporary cannabis events permits with the notion
that is not a zoning section, yet references temporary cannabis events within the
zoning ordinance. Instead, it will defer to an amendment in City Code for special
event permitting. Allowable uses under special event permit include information
and sales, and shall not allow any smoking of any tobacco, cannabis, or lower -
potency hemp product to address the public nuisance aspect of smoking, with
the understanding the edibles and beverages would not violate this policy and
would be in tandem with alcohol -serving events.
Vice Chair Andrew Tapper referenced the previous two workshops and the
knowledge gained for Commissioners in the decision making process, and asked
for clarification for the lower -potency hemp regarding sales and asked if this
would still be allowed in 2025, as well as how buffering upon these business will
affect their business. Angela Schumann stated that Wright County was reluctant
to register these facilities previously, yet they may change their mindset, and the
City Attorney is following up with Wright County on the same item. Steve
Grittman stated that lower -potency hemp retailers are not subject to the buffer
as the buffer only applies to adult -use cannabis, and they would be
grandfathered in.
Vice Chair Andrew Tapper opened the public hearing portion of the item.
Vice Chair Andrew Tapper closed the public hearing portion of the item.
ANDREW TAPPER MOVED TO ADOPT RESOLUTION NO. PC-2024-45 AND
RESOLUTION NO. PC-2024-46 RECOMMENDING ADOPTION OF ORDINANCE NO.
Planning Commission Minutes—11/04/24
835 FOR AMENDMENT TO MONTICELLO CITY CODE TITLE XV: LANDUSAGE,
CHAPTER 153: ZONING AND TITLE IX: GENERAL REGULATIONS, CHAPTER 96:
PUBLIC GATHERINGSFOR ESTABLISHING REGULATIONS FOR CANNABIS AND
LOW -POTENCY HEMP PRODUCTS PURSUANT TO MINN.STAT. 342, BASED ON
FINDING IN SAID RESOLUTION., MELISSA ROBECK SECONDED THE MOTION,
MOTION CARRIED, 3-0.
B. Regular Agenda
None.
3. Other Business
A. Community Development Director's Report
Angela Schumann gave an overview of the Planning Commission workplan process
for 2025, hotel projects that are ongoing, the Rental Connections program meeting
recap and downtown facade improvement forgivable loan program.
B. Adjournment
ROB STARK MOVED TO ADJOURN THE NOVEMBER 4, 2024 REGULAR MEETING OF
THE MONTICELLO PLANNING COMMISSION. MELISSA ROEBECK SECONDED. MOTION
CARRIED, 3-0. MEETING ADJOURNED.
Recorded By: Tyler Bevier
Date Approved: 12/3/2024
ATTEST:
Angela Scon, n, Community Development Director