Lakeville Planning Commission Meeting 8-22-24

0:51 Start of meeting 2:36 5a. Public Hearing on Zoning text amendment

Based on the context provided and the dialogue in the transcript, here is the formatted version with speaker names assigned. **Note on Speakers:** While the Mayor and Council members were provided in the context, this transcript is for a **Planning Commission** meeting. Therefore, the speakers include Planning Commission members (Zusak, Kusa, Tinsley, etc.), the Community Development Director (Tina Goodroad), and Planning staff (Miss Jensen). *** [0:00] **Vice Chair:** For... [0:49] **Vice Chair:** Order. Yeah, I call the August 22nd Planning Commission meeting to order and I'd ask you to, uh, join me in the Pledge of Allegiance. [1:20] **Vice Chair:** Thank you. Uh, Secretary Morrow, will you take the roll? [1:22] **Secretary Morrow:** Zusak? (Here) Kusa? (Here) Tinsley? (Here) Zimmer? (Here) Aink? (Here) Travis? (Here). [1:35] **Vice Chair:** Thank you. Next item is the approval of the minutes. In our packets, we had the July 18th Planning Commission meeting minutes and the August 1st work session minutes. Does anyone have any changes to the minutes? Seeing none, we'll, uh, let those stand, uh, as they are. Uh, do we have any announcements, Miss Jensen? [2:05] **Miss Jensen:** Uh, yes. Thank you, Vice Chair. Uh, this evening we have two handouts for you. One is my memo about, um, future Planning Commission agenda items as well as a summary of City Council actions on planning items. And then we have a letter from Alicia Perkins regarding the proposed zoning text amendment. And then for the announcements, after this meeting, we will adjourn to the Maring Conference Room in a work session, and our next Planning Commission meeting will be September 5th. And that's it for announcements. [2:30] **Vice Chair:** Thank you very much. Everybody note that for your calendar, next meeting September 5th. Um, okay. The next item is a public hearing on the zoning text amendment and, uh, to present that we have Miss Goodroad. [2:52] **Tina Goodroad (Community Development Director):** Good evening. Um, so yes, um, tonight is the, um, text amendment to add the cannabis uses to the zoning ordinance. Um, we talked about this at our last work session. Um, just as an overview, um, we all know that the legalization of cannabis was signed into law last year. Um, this latest legislative session, um, there was, um, approval—or they created legislation for special pre-approval—for some specific license types that are listed in the ordinance. One of those, um, particularly related to cannabis, um, growing of cannabis, um, is something that will get approved through, um, a lottery draw yet this year and so it's necessary for us to include the different uses into the zoning district. All of the other license types, um, and specifically the retail, will not be able to start operation or licenses get approved by OCM [Office of Cannabis Management] until the rules are adopted, and those rules are, um, in draft form, um, by OCM. So OCM is responsible for all of the licensing and it's split basically between cultivation, manufacturing, distribution, and retail (or what some people will call dispensaries). Cities are responsible for the registration. Statute also requires that a city allow for one retail registration per 12,500 residents; so in Lakeville, that means six. The City Council has discussed and will be capping it initially at six, and that will be something that's in the city code versus in the zoning ordinance. They'll re-evaluate once they see what the level of interest, um, that occurs in Lakeville. The statute basically, um, preempts most of, um, our ability to do much in control for these uses, but we do have control when it comes to zoning. And so tonight we're here to review the zoning text amendment. Um, we reviewed the different license types at our last work session, um, as well as earlier in the year, and talked about, again, generally the categories of growing, creating, manufacturing, distribution would fall like any other industrial district or any other industrial use within our industrial districts, and the retail component, um, or dispensaries will fall within our retail districts. A new Chapter 38 was created to provide a central location for some performance standards as well as reference to the state statute and the OCM rules. So we're not regurgitating all of the OCM rules that get created; we're referencing those. So anytime that changes, whether it's in the statute or the rules, that would then apply to any of our users or new applicants. I worked closely with our City Attorney on this draft, um, and she supports the draft. Again, the draft contains definitions as well as that new Chapter 38, again, which references the statute and OCM rules, and then it goes, um, zoning district by zoning district to introduce the different uses within, um, those different zoning districts. In addition to that, as a little aside, because we are working on different zoning districts and we advertised the public hearing to include the Central Business District, um, while we were preparing, um, this amendment and putting all of these materials together for the packet, we did have a request come up late, um, for a standalone tattoo salon use within our Central Business District. Cosmetic tattooing is already allowed as an accessory use to a licensed barber or beauty salon. This particular user has a spot in downtown Lakeville but wants to be a sole operator and not attached to a salon. And so in order to do that and have that distinct use, we need to add that as a separate standalone use. Having tattoo as a use within that district, as well as in our other commercial districts where currently it is allowed, um, was something that we were already planning on adding when we do another batch of our what we consider our general updates. But rather than waiting, since we had a user ready to go, we decided, based on the way the public hearing was prepared, vague enough that we could add this use. So that's the little add-on paragraph, um, tonight. So when you go through the ordinance, you'll notice majority of it is, um, all related to cannabis except within the Central Business District, and you'll see that one on page six; we did add tattoo salon as a permitted use. And I would stand for any questions. [7:25] **Vice Chair:** Commissioners, do we have any questions? [7:28] **Commissioner:** Uh, question about the limit of six. Does that apply only to the retail? [7:32] **Tina Goodroad:** Yes. [7:33] **Commissioner:** As opposed to all the other—wholesaler, grower, cultivator? [7:35] **Tina Goodroad:** Just six, yep. Just the retail. Yeah. [7:40] **Vice Chair:** Uh, this is a public hearing. Uh, seeing that there's nobody here for the public hearing, I would be, uh—unless there's someone on the phone? [7:55] **Commissioner:** Madam Chair, I motion to close the public hearing. [8:02] **Commissioner:** Second. [8:04] **Vice Chair:** All those in favor? (Aye). Opposed? Motion prevails. Thank you very much. Uh, any additional questions for Miss Goodroad on the tech, on the CBD amendment, or the additional commercial business district tattooing zoning question? [8:21] **Commissioner:** Miss Goodroad, just to make sure I understand this: standalone tattoos are allowed elsewhere, just not in the Central District? [8:35] **Tina Goodroad:** Correct. And this would just make it consistent with everything else. [8:37] **Commissioner:** Exactly. Thank you. I would have one question: are the hours limited, or is that—I can't remember what all of our requirements are. [8:50] **Tina Goodroad:** Um, I do not believe so. Miss Jensen could clarify. I don't know if you know off the top of your head. [8:55] **Miss Jensen:** I don't believe there are restrictions on the hours of operation. [9:02] **Vice Chair:** All right. There are no other questions. I think it looks like we're ready for a motion. [9:07] **Commissioner Kusa:** Madam Chair, Commissioner Kusa, I motion to recommend approval of the proposed zoning ordinance text amendments as presented. [9:15] **Commissioner Tinsley:** Second. [9:17] **Vice Chair:** Thank you, Commissioner Tinsley. Um, Secretary Morrow, would you please take the roll? [9:20] **Secretary Morrow:** Zusak? (Aye) Kusa? (Aye) Tinsley? (Aye) Zimmer? (Aye) Aink? (Aye) Travis? (Aye). [9:40] **Vice Chair:** Thank you very much. Uh, I think we're done with that one. And, uh, let's see staff notes. Let's—this item will be considered, it looks like September 3rd, is that correct Miss Jensen? [9:48] **Tina Goodroad:** The tattoo portion of the amendment will be considered at the September 3rd City Council meeting. The cannabis ordinance amendment will wait until the rest of the city code language is ready to be reviewed and considered by Council. So it will all go together, and that will be at a meeting later this September or October. [10:25] **Vice Chair:** Thank you so much. I don't believe there's any other business before us. Um, so I would, uh, adjourn and adjourn to the Maring Conference Room for our work session. Nine minutes, good job. [10:42] [Music]