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HomeMy WebLinkAboutPC Minutes 10-28-2024Hastings Planning Commission October 28, 2024 - Regular Meeting Agenda Hastings City Hall - Council Chambers 7:00 p.m. The Planning Commission of the City of Hastings, Minnesota met in a regular meeting on Monday, October 28, 2024 at 7:00 p.m. in the Hastings City Council Chambers. 1. Call Meeting to Order Planning Commissioners Present: Halberg, Peters, Teiken, LeBrun (7:02), and Swedin Planning Commissioners Absent: Messina, McGrath Staff Present: Community Development Director Hinzman 2. Approval of Minutes – September 9, 2024 Regular Meeting & October 7, 2024 Workshop Meeting. Vice Chair Halberg asked if there were any additions or corrections to the minutes. Minutes were approved as presented. PUBLIC HEARINGS 3. City of Hastings – Ordinance Amendment – Cannabis Hinzman provided a summary of the request to hold a public hearing and recommend action on the request to amend Chapter 155 of the City Code relating to cannabis. The changes are necessary due to management of cannabis sales by the Minnesota Office of Cannabis Management set to begin on January 1, 2025. Cannabis production and sales of above 0.3% THC are included in the proposed ordinance. Vice Chair Halberg opened the public hearing at: 7:13 p.m. Vice Chair Halberg closed the public hearing at: 7:13 p.m. with no comments received. Commissioner Teiken asked if the cultivator definition has any effect on products grown in the home and would there be any restrictions where cannabis plants may be grown on a residential property. Director Hinzman stated the regulations are only for commercial zoning districts. Commissioners discussed that state statutes prohibits the growing of plants within the home in public view. Commissioner Teiken pointed out that the 1,000-foot buffer regulations around park attractions would prohibit the sale of cannabis within the downtown area. During the Council workshop there was a desire to allow for cannabis sales within downtown. The proposed buffer regulations would prohibit this. Hinzman stated this is correct, sales within the C-3 and DC zoning districts were added after the workshop discussion, but the park buffer zone would prohibit sales. Teiken agrees with the other buffer regulations proposed but struggles with the effect of the park attractions buffer. Commissioner LeBrun agrees with Commissioner Teiken that cannabis sales should be allowed downtown and that perhaps the park attractions buffer should not be included in the code. Commissioner Swedin agrees with Commissioner LeBrun that park attraction buffers are different than the other proposed buffers and perhaps they should be removed. Commissioner Peters agrees that the park buffer in downtown may be too restrictive and asked for clarification of the 500 foot and 1,000-foot buffers on the map. Director Hinzman stated the 1,000-foot buffer for park attractions is for most uses, but 500-foot buffer would be for manufacturing and wholesale. Peters also asked if the City was restricted on the total number of cannabis facilities that could be allowed. Hinzman clarified that the state law directs cities to allow for a minimum number of facilities but does not cap the number. Vice Chair Halberg asked if the buffers being proposed are being suggested by state law. Director Hinzman clarified that state law allows a city to enact buffers around various types of uses but does not mandate whether a city implements a buffer. Halberg believes a park buffer from the downtown should be considered. Commissioner Peters stated that at the workshop we discussed that a dispensary could be a destination within the downtown. Commissioner Teiken stated that we should keep the park buffers in place but exempt the downtown from the park attractions buffer. He supports the other buffers proposed. Commissioner LeBrun is unsure if we should have a specific exemption from the park’s attraction buffer downtown; if we change the park buffers it should be throughout the City. Perhaps the park attractions buffers should be modified to reduce the impact. Commissioner Swedin asked if potential cannabis facilities within a buffer zone could apply for a conditional use permit on a case-by-case basis. Director Hinzman stated buffers would prohibit consideration of a cannabis permit. Commissioner Teiken stated it is easier to be more restrictive upon initial enaction of the code and then loosen regulations if they are not problematic, than the other way around. Vice Chair Halberg agrees with the approach of being more restrictive in the beginning and then reviewing the code to determine if changes should be made. Commissioner Swedin believes the 1,000-foot park attractions is too restrictive and would support a 500-foot buffer and a special allowance for downtown. Vice Chair Halberg asked for a motion on the ordinance or if this should be tabled. Director Hinzman clarified that the Commission could vote on amendments to the ordinance. Commissioner Teiken asked when the ordinance needs to be enacted. Director Hinzman stated it needs to be enacted by the end of 2024. Commissioner LeBrun stated that the 1,000-foot restriction between cannabis businesses may only allow one business within the downtown. Commissioner Teiken motioned to offer an amendment to code that the downtown corridor is exempt from the park attractions buffer. Commissioner Swedin seconded. Upon the vote ayes 4, nays 1 (Halberg). Motion passes. Commissioner LeBrun motioned to offer an amendment to the code to reduce the parks attraction buffer to 500 feet and to exempt the downtown corridor altogether from the park attractions buffer. Commissioner Swedin seconded. Upon the vote ayes 2 (LeBrun and Swedin), nays 3 (Halberg, Peters, and Teiken). Motion fails. Commissioner Peters motioned to recommend approval of the code changes with the amendment to exempt the downtown corridor from the park’s attraction buffer. Seconded by Commissioner LeBrun. Motion approved 5-0. Recommendation will move forward to City Council. OTHER ACTIONS 4. Other Business Hinzman provided a summary of recent City Council actions and future items for the Planning Commission’s review. 5. Adjourn Commissioner Teiken motioned to adjourn the meeting at 7:47 PM. Seconded by Commissioner Peters. Vote: Ayes 5; Nays: 0. Motion approved as presented. Next Meeting – TUESDAY, November 12, 2024 Respectively submitted: John Hinzman Community Development Director