Planning and Zoning Commission Meeting

PLANNING AND ZONING COMMISSION MEETING MINUTES Tuesday, July 11, 2023 at 6:00 PM Baxter City Hall, 13190 Memorywood Drive, Baxter, MN “A Growing Community” CALL TO ORDER The regular meeting of the Baxter Planning and Zoning Commission was called to order at 6:00 pm by Chair Kinzel. ROLL CALL MEMBERS PRESENT: Chair Bob Kinzel, Commissioners Chuck Hiltner, Gwen Carleton, Howie Oswald and Council Liaison/Mayor Darrel Olson MEMBERS ABSENT: Steve Lund STAFF PRESENT: CD Director Josh Doty and Planner Matthew Gindele OTHERS: Anne Marie Zsamba, Michelle McCarten, Sue Conway, Jeff Dirks, Marlene and Tom Sutherland MINUTES 1. Approve the Planning Commission Minutes from June 13, 2023 MOTION by Commissioner Carleton, seconded by Commissioner Oswald to approve the Planning and Zoning Minutes from the June 13, 2023. Motion carried unanimously. Chair Kinzel stated that this Commission is a recommending body and that final approval/denial is taken with the City Council on July 18, 2023. COMMENTS AND QUESTIONS None OLD BUSINESS None NEW BUSINESS 2. PUBLIC HEARING. Ordinance Text Amendment to allow “medical cannabis dispensary” as a permitted use in the C-2, Regional Commercial district (city file 23-11) Chair Kinzel asked for the staff report. CD Director Doty stated the applicant is requesting approval of a zoning ordinance amendment to allow “Medical Cannabis Dispensary” as a permitted use in the C- 2, Regional Commercial district. Under the proposed amendment, a definition of “Medical Cannabis Dispensary” would also be added to the definitions chapter of the zoning ordinance. 7/11/2023 Planning and Zoning Commission Meeting Minutes Page 2 CD Director Doty stated that this is not a site specific request, even though the applicant has indicated a location. This amendment would allow for a medical cannabis dispensary to go into any C-2 District. CD Director Doty gave the analysis of the request. Minnesota State Legislature has licensed two manufactures/providers of medical cannabis in the state of Minnesota; the applicant (RISE) is one of those two companies. RISE operates eight dispensaries around the state and is seeking to move their Hibbing location to Baxter. Staff has reached out to each of the cities that currently allow medical cannabis dispensaries to determine the zoning process they required and to inquire about any negative impacts the proposed use has had on those communities. Through conversations with staff in the communities where medical cannabis is currently allowed, Baxter staff has learned that most of them have amended their ordinances to allow the proposed use as a permitted use, although some have allowed it as a conditional use and some have allowed it without any zoning amendment process. One city reported a complaint about the proposed use regarding retail sales of edibles. The applicant has submitted an application to amend the definitions section of the zoning ordinance to define “medical cannabis dispensary” as follows: A facility engaged in the sale of medical cannabis products as defined and regulated by Minnesota Statutes 152.22-152.37. CD Director Doty explained the adult use cannabis. A new law was enacted by the State of Minnesota in 2023 to legalize adult use cannabis in Minnesota. The current guidance is that adult use cannabis will not be allowed until January 1, 2025. Staff notes that the subject request is not requesting adult use cannabis at this time. If the applicant requests adult use cannabis in the future, they will be subject to State and Local regulations for adult use cannabis. It is the City’s finding that medical cannabis dispensaries are a separate use from adult use cannabis. Therefore, there is no assumed future approval for the applicant to transition to an adult use cannabis retail store in 2025; that determination will be based on the State and Local regulations in place at that time. Staff recommends approval of the ordinance amendment, subject to the findings of fact resolution and the draft ordinance. Chair Kinzel opened the public hearing. Ms. Anne Marie Zsamba, Chicago IL representing the applicant approached. She stated that she is with the parent company GTI and they operate several medical cannabis dispensaries. She stated that a doctor does have to provide certification for a patient to enroll in the medical cannabis program which is a bit different than a prescription. There are currently 17 ailments that make a patient eligible for the medical cannabis program. Once the certification/prescription is issued then a pharmacist at the dispensary will assist with the right product for that person. Chair Kinzel stated he had no concerns or questions as they had provided a lot of information. Commissioner Hiltner asked about the most common ailments. Ms. Zsamba stated chronic pain, intractable pain and PTSD are the most common. She stated Minnesota has a lot of veterans that suffer from PTSD and benefit from the use of cannabis. Commissioner Hiltner asked if the cannabis is covered by insurance. She indicated that it is not covered by insurance, however they do have some programs for veterans and low income patients that offer discounts. Chair Kinzel asked what the criteria is to sell in the state of Minnesota. Ms. Zsamba stated they have their own cultivation facility in Cottage Grove that makes the flower and then turns the flower into tinctures, concentrates, vaporizers, topicals, edibles and flower. Being they have their own facility 7/11/2023 Planning and Zoning Commission Meeting Minutes Page 3 they are considered a manufacturing plant and have a manufacture agreement with the State of Minnesota. That agreement requires them to have eight dispensaries, one per congressional district. She explained the tracking of the products, quality control, testing, security that the state requires. Commissioner Carleton asked about the state of Colorado, when recreational was approved does that mean medical goes away. Ms. Zsamba stated that it does not go away, there is still medical available. Currently there are 15 dispensaries and they have converted 7 into “Hybrid dispensaries” that offer both medical and recreational. She explained the medical cannabis is more potent than the recreational cannabis. She added that some states require a fee, however once the recreational is available the fee is typically waived. Commissioner Hiltner asked if their intentions were to sell both when allowed, she indicated yes. She explained the stigma around cannabis and that a lot of people don’t talk to their doctor’s about the use and don’t discuss the pain they are in. Therefore a lot of people will utilize the dispensary. Commissioner Hiltner asked if there was tax on the cannabis, adult use is taxed 10% she indicated. Chair Kinzel closed the public hearing. MOTION by Commissioner Carleton, seconded by Commissioner Oswald to approve the Ordinance Text Amendment to allow “medical cannabis dispensary” as a permitted use in the C-2, Regional Commercial District as presented by staff in the draft resolution. Motion unanimously approved. Chair Kinzel asked about the process moving forward. CD Director Doty stated the next process is going to City Council and receiving final approval. From there staff will work with the applicant to obtain permits and then they can open the dispensary. 3. PUBLIC HEARING. Variance to construct a home on a non-conforming lot for property located at 14548 Red Sequoia Dr. (City file 23-25) Chair Kinzel asked for the staff report. Planner Gindele stated the applicant is requesting the variance to allow a nonconforming lot to be considered a buildable lot for property located in the RS, Residential Staging District. The applicant is the owner and does plan to build a new home on the lot. He reviewed the aerial and house plans with the Commissioner. The subject property is 1.23 acres in size. It is located within the shoreland overlay district of Whipple Lake which also acts as flood plain. The property is partially open prairie and partially wooded with a mix of mature deciduous and coniferous trees and has little to no topography. No wetlands are present on the property. Planner Gindele stated the subject property is 1.23 acres in size and is zoned RS, Residential Staging which requires a minimum lot size of 10 acres. Seeing as how the lot is less than 10 acres it is considered a legally nonconforming lot of record. The applicant is proposing to construct a single- family home on the subject property. The “Nonconforming Lots” section of the zoning ordinance states that (among other things) a lot needs to be at least 70% of the minimum lot size for the zoning district in which it lies to be buildable without a variance. The subject property is less than 70% of the minimum lot size for the RS district thus the need for the variance. Planner Gindele explained the findings for the variance. The subject property is an existing lot of record and is legally nonconforming. The applicant has submitted a basic site plan demonstrating the ability to construct a home that meets all applicable setback requirements, however, seeing as how the total lot area is 1.23 acres when the RS district minimum lot size is ten acres, the property is less 7/11/2023 Planning and Zoning Commission Meeting Minutes Page 4 than 70% of the required lot size thus the need for a variance. Other applicable requirements of the chapter will be enforced at time of building permit review. Legal access is provided to the subject property via Red Sequoia Drive. The subject property is within the shoreland overlay district of Whipple Lake; however, the shoreland district only requires a minimum lot size of 20,000 square feet which the subject property is well beyond. For this reason, staff has determined that the intent of the ordinance is being met. Planner Gindele stated that applicant apologized for not being here tonight. When the application was submitted, a family vacation had already been planned. Staff is comfortable answering any questions the Commission may have. Staff recommends approval of the variance, subject to the findings and conditions in the attached resolution. Commissioner Carleton asked about the red line. Planner Gindele stated that the applicant might subdivide the property in the future and the red line signifies where that new lot line could go to demonstrate that the house he plans on building can meet all site plan requirements if the property were subdivided in the future. Planner Gindele stated that the Commission might see a rezone application in the future for this property and for a few others in the immediate vicinity to rezone from RS to R-1. Planner Gindele indicated there are two water and sewer connections currently servicing the subject property. CD Director Doty explained the difference between R-1 zoning with water and sewer verses RS zoning with larger lots. Chair Kinzel asked about the size of the house, Commissioner Hiltner indicated it was roughly 1,200 sq. ft. with a garage. Commissioner Carleton noted there was not a basement. Commissioner Hiltner asked if the applicant is going to have to come back through to subdivide the lots once they are zoned R-1. Planner Gindele explained the two processes of subdividing the lot and the items required for approval; one process would require a public hearing at the Commission and the other process is approved administratively without the need to come back to the Commission. Chair Kinzel opened the public hearing. Jeff Dirks-4146 Cedar Scenic Rd. indicated that this will be his back yard neighbor. He asked if it was known to be a spec home or a planned build. Planner Gindele indicated the applicant is building this house for a particular individual. Mr. Dirks asked why the City would allow the lot to be subdivided. He (Dirks) was the first house in that area and back then there was concern about not having additional boat traffic and motors on Whipple Lake. He recognized that this is not a riparian lot with lake access but thought that now it sounds like the City is leaning away from that direction of concern for additional boat traffic on the lake. CD Director Doty stated R-1 District is a single family home district with lot sizes typically around 15,000 sq. ft. There has to be a request from a land owner to subdivide a parcel of land. Staff doesn’t request the subdivision, however, staff does review the request and insures the requested is compliant. He stated that typically with urban development with City water and sewer provided, you have denser development with smaller lots so that there are more people connected to the system to help share in the cost of maintaining those pipes. 7/11/2023 Planning and Zoning Commission Meeting Minutes Page 5 Commissioner Hiltner asked if Red Sequoia was paved and had utilities. Staff indicated that the road is paved and has utilities running all the way to the cul-de-sac; also, there are two service stubs on the subject lot. Chair Kinzel closed the public hearing. MOTION by Commissioner Oswald, seconded by Commissioner Hiltner to approve the Variance to construct a home on a non-conforming lot for property located at 14548 Red Sequoia Dr. as presented by staff in the draft resolution. Motion unanimously approved. UPDATES None ADJOURN MOTION by Commissioner Oswald, seconded by Commissioner Hiltner to adjourn the meeting at 6:34 p.m. Motion unanimously approved. Approved by: Submitted By: ___________________________ ______________________________ Bob Kinzel Shanna Newman Chair CD Administrative Assistant