##VIDEO ID:JfRRjlPRU7A## e that's yeah good evening I will now call this meeting to order first order of meeting of business is to adopt the agenda for tonight's meeting Commissioners is there a motion to adopt the final agenda so moved I got a motion can I get a second I'll second motion as second all those in favor I I oppose thank you the motion carries our next order of business is to adopt the minutes from our October 1st 2024 Planning Commission meeting Commissioners is there a motion to approve the minutes so moved motion second second all those in favor I opposed thank you the motion carries we'll now move on to our discussion item our discussion item tonight T is item 3.1 draft cannabis ordinance will now turn it over to associate city planner Travis beerley for a staff presentation good evening chair and Commissioners um we have discussed the canvas ordinance at a high level earlier this year and now we have a draft presented um I do want to point out before I start the presentation there's still potential changes to the draft outside of comments made here and at the city council as we go U as the state finalizes a lot of things so but just a quick overview of how we came to be with the ordinance we've got uh the state legislature passing a bill in 2023 to legalize adult use cannabis the entire statutes 342 they set up the office of cannabis management which also took over uh from the Department of Health anything to do with cannabis coming over on the medical side uh there has been a first draft of proposed cannabis rules which we've used to create the draft tonight as well as uh various things coming from ocm uh cultiv cultivation licenses are going to be issued if they haven't already so that plants can start growing to be ready for the retail Market coming in January of 2025 um it isn't expected to have retail licenses fully issued and sent out until sometime around February March right now is the time frame they're looking at not saying that some can't come earlier some come later but I said a lot of things still up in the air to get the process down um staff has done several reviews of the stuff put out under statute under the rules as well as taking feedback from the Planning Commission and city council and the draft ordinance as I stated is based on all that feedback taking a look at the process as we go forward right now we're looking at reviewing the draft ordinance we'll take the feedback from the Planning Commission and know those comments to bring a draft to the council and do the same thing and get everything set up and get it tweaked correctly so that we could do a public hearing on November 19th following that there's two City Council meetings which we could do adoption for and we would want adoption put in place prior to January 1st um just separating out some of the roles the role of of office CID management or ocm as we'll refer to it uh they govern the applic and Licensing of 13 different licenses as well as modification of the rules and working with different advocacy groups such as Metro cities which uh speaks on our behalf to get things set up quick question have they um finalized the um the head of the office of cannabis management yet my understanding was it's still up in the air commissioner the office of canis management is established and it is up and running it initially got established on July 1st of last year and it took a little bit to get a brand new Department up and running but they are up and running they have a fully functional website and they've had to do a lot of work to get everything in place over the last year but they've been functioning for they've been more than functional for at least six months that I know of but is there really ahead of that office yes there's ahead of it um I we also have contact for gar relations contact individual uh ocm took some of the upper management and more senior knowledgeable people that were working with the Department of Health and actually can brought them over from Department of Health to ocm so that you do have experts at the top of the chain and working its way down so they they are functioning they're responsive um I know that they're getting a lot of questions and a lot of technical questions as well so but they're there and they're running thank you I move on to the role of the city the role city is to we need to create a new zoning code or excuse me a new section to our zoning code for the regulation and we're just looking at restrictions and permissions of cannabis businesses we need to consider what the community standard is for the citizens of Victoria and we want to apply any reasonable performance standards in these regulations one thing that our local ordinance does not and should not handle is anything to do with use um when it comes to General now there are temporary uh permits for events there can be use with that I'll describe that later on in the presentation um in addition to doing that we're going to need to do an update to our use tables for residential and non-residential districts as far as what type of businesses would we allow to be in different areas and then we'll dive deeper in at a later date to more performance stand where we want to get just the basis set up um before the end of the year uh the state does requires to have at least one cannabis retailer or allow for one cannabis retailer within the city uh the city could be a retailer but it would not count towards that one um any application that we get for any type of cannabis business whether it be retailer whether it be a cultivator the city has 30 days to respond to the application with an approval or denial or provide comments and that entire process is getting worked out but isn't fully finalized I'm sure there'll be some changes next year as these applications start coming into cities I do want to talk about the use for for individuals real quick so we just have an idea of what people can and can't do um there are possession limits set in place where you can have 2 ounces of the Cannabis flour um on you in public you have 2 pounds in your private residence there's also concentrate and there's the Edibles so if you hear about people using Vapes a lot of that's the concentrate that there that they'll be allowed to have consumption is required to be 21 and it's not allowed in public um unless a special permit such temporary event permits been issued uh residents would be allowed to grow their own cannabis flower at home they could have four mature and four immature plants in addition to having two pounds of final product um so there could be a lot but there's a lot of regulations at the state level with how that's done and how it needs to safeguard against the community um there's home extraction basically if you take the the plant and you want to create um the oil out of it so you can use it in a vape the state says you can't use flammable materials you can't use propane gasoline diesel kerosene that type of stuff and that's all for the protection of keeping people from burning down neighborhoods because it's not regulated for an individual to create that product um there's unlicensed sales uh throughout the state that are still happening either in the the black market or going through retailers that have more or less jumped a gun on on getting the products out the state is looking and cracking down on that in Victoria we don't have that issue which is a very positive thing for us and our residents when we look at the laws affecting businesses advertising is a big thing can't appeal to persons under 21 has to have warning statements on all the packaging it can't be misleading or false claims and can't be permitted on Billboards this is very similar to The Tobacco laws when it comes to advertising they're not full they're not exactly the same they're just similar in nature so when we think about how products are going to be sold for the Cannabis think of buying a pack of cigarettes or a a a can of chew or what have you and all the different things that go with that um there's also going to be tracking systems in place because this is a primarily cash business that the state's going to want to know where everything goes to the supply chain to keep track especially for the financial side of house um they also require testing so that when you do go into a shop that is selling say the Cannabis flow you know that the quality is there that it's not it doesn't have some other chemical in it that's going to cause illness or death or things like that so it is going to be regulated on that level too uh there's also going to be home delivery as one of the licenses so with if we do end up having a retailer in Victoria there could be thirdparty individuals or the establishment them themselves doing delivery so we could see that type of transport happen that is also highly regulated to what and how and where and when that type of stuff can be done all right so with the adult use cannabis for individuals and for the businesses that's just the background we are not here to regulate any of those those are all in statute as well as within the rules that have been set by ocm for what we want to focus on is our ordinance uh we got a couple sections where will update our definition section which is section 16-1 of the zoning code um we're going to go over the administration the uh registration of cannabis business the requirements for a cannabis business the temporary cannabis event permit as well as enforcement and the zoning tables the draft that's being presented is based on a Model ordinance which has gone through the league of Minnesota cities as well as other attorneys and the and ocm they put it all together we went through and just take tored it to the needs of Victoria we're looking at definitions are real quick and simple there's a handful that you'll see on the first page that we'll add in the rest of the definitions are located in the statute and they have lots and lots of definitions there's very few things that I saw that haven't been defined by Statute when it comes to the regulation of cannabis and hemp products uh the administration is pretty standard language the one thing I do want to point out is the delegate or to delegate uh retail registration or cannabis business registration to the county that's an ongoing conversation um that hasn't been finalized once we have more information on what that may look like we'll definitely bring that out uh it's something we do want to have set up before but right now it's an option that the city has and we don't want to take that away um we're also looking at registration there's a consent to the registration that's just legal language that says hey County you can go through them if that's how we have it set up or through the city or through a third party or however uh that approach is finalized you're saying we're looking at The Big Meet uh which is the requirements for cannabis business there's minimum buffers that we can put in place such as 500 ft from a residential treatment facility and dayc carees and I did put the definition of what a residential treatment facility is it's 24-hour care health professionals basically it's a living Place dayc carees basically any that's um taking care of kids throughout the day or throughout the evening but it's not around the clock um and then another buffer would be a th000 ft of a school now statute specifically States what a school is and you think of your K through 12 your charter schools and your vocational schools if it's University or if it's Mathnasium or anything like that those are not considered schools underneath the states definition so if you if we have a retail space you could have a tutoring space right next to a cannabis retailer and this buffer wouldn't affect it I do want to go over the buffers uh tonight just to kind of talk about it and make sure that we're on the same page with what those should be uh this is a change that we had from what was presented last and that has to do with uh some First Amendment issues we came up with the regulations regarding advertising the protection of of the products to miners um we also look at the hours of operation um we had discussion on that between what it should be and it and for as far as an enforcement goes staying with on and off sale liquor hours would be the most appropriate uh the biggest thing with it is that if you have a retailer license for cannabis you can sell low or lower hemp Edibles such as the THC drinks that a few uh breweries make without H without allowing that you would have to cut that or it have to be a separate licensing and what happens is that it just creates layers of bureaucracy that affect the efficiency of enforcement and responding to complaints uh we're also looking at advertisement everything has to conform to the sign ordinance that's on place that's on um time lights that it has nothing to do with the content and that's one of the biggest changes we made is we is getting rid of the content piece um but it still can't appeal to minor so you can't put it across the street from the school and have it projected at the high school or middle school or or dayc carees and things like that um the other thing that we added was the display of cannabis and cannabis products we can we set a performance standard that makes it so that if you're driving by one of these establishments you can't see inside you can't see water pipes lining the windows and things like that it has to be shielded from the public liquor stores do the same thing for the for the most part their rules are a little bit different but this this provides a little extra protection from un or from people that don't want to see it or that feel uncomfortable being around it but doesn't create it so that the business can't operate they can still have a sign on their on their business that has a cannabis flower and their advertisement everything else they just can't have the products themselves that they are selling on display from outside the building uh we also talked about reapplication for re relocation within the city if we have a a retail license that's in one location and that business owner chooses to move to a separate location within the city they would have to reconfirm with the city that that is okay to be in that new location we look at the same regulations and the same rules with that uh we do have a question out to ocm on if that would require a brand new application and they would go back into the lottery if we have this requirement if that's the case we would be pulling we would look at pulling that out that way it doesn't affect our local businesses uh in a negative way uh we do look at the can excuse me the temporary cannabis event this is this where it kind of gets a little weird and a little tricky there's been a lot of questions that come in but what we're looking at is somebody could apply for temporary Canabis of permit through the state the application comes to us to approve now when we're looking at that we kind of want to think of it's going to be in the central business district But Central business district doesn't have any parks so the Bandstand behind City Hall couldn't go out there and use it because we're only doing it to the business district uh the other thing is putting restricted hours from that 8 to 10 during um the week and then on Sunday is restricted from 11: to 6: we also have the ability to revoke a permit if they're not protecting the rules one of the questions comes up is on the open use of a cannabis product with which the permit they would be allowed to do however there are specific requirements that they need to meet underneath statute and the rules such as security fencing order controls not having anything go towards children so when you think of how that would work think of what a beer tent looks like when you go to when you go to a city event or a county event and they've got a section off area with fences and security checking IDs and that type of stuff uh the other thing that we look at is enforcement uh the city is ultimately responsible for the administration and en enforcement of our ordinances um however we do have agreements with the county such as the sheriff's office for law enforcement um ocm will have their own enforcement arm when it comes to their regulations as they govern all of this and then in addition to that working with the administration with Carver County to work on the registration piece um I do want to pause there any questions so far on these slides I know it's a lot of information that's being thrown at everybody I had like 10 I'm not sure what a temporary cannabis event is is this a temporary can cannabis event we're talking only flower only flower derived products that people can come in and buy and then take home commissioner similar to that yes um so they could do they could buy the flour they could buy uh the oils they could buy the Edibles they could the lower hemp products basically what happens is whoever applies for that permit has to be sponsored by somebody with a license for those products so it all works through there the same as if there's uh somebody applies for a liquor or a temporary liquor license so they can sell beard during the car show or what have you right they have there certain regulations are in place to make that happen but to your point if you wanted to go to the event and you see a product say the Cannabis flower you could purchase it and then if they've met the requirements to allow for on-site use You' be able to have the on-site use but they're not necessarily hand inand and it's not a guarantee there's certain requirements on both sides of the house all those regulations are with inside the statutes and it's uh for the record it's going to be 34239 and4 regulate all those and there's quite a bit of stuff in there plus going into the rules there's a page and a half of rules that are involved with the regulation we would allow ocm to manage all of that for us and if we saw an issue we would consult with ocm and possibly the City attorney before taking action can I ask one question that plays absolutely um so my understanding is that these temporary cannabis events can last up to four days and so my question is um you know are these going to become the new Uptown Art Fair and um secondly is it possible for us to restrict these to indoor locations both to restrict uh access to those wishing to be part of the event and not unauthorized miners for instance and secondly to avoid subjecting people who don't appreciate the smell um from having to endure that unlike beer tents there's no smell there here it's it's a discernable odor that not everybody enjoys personal point of view I think if if you're at that type of of an event the smoke or the odor isn't going to bother you but if you're walking through the business district you know going on your way to the post office uh you don't necessarily want to smell that find an alternate route you know commissioner to to your question underneath the rules there are certain restrictions that that go into when you use it where you can use it and part of that is relating to Miners and discomfort abilities so there would be stuff that we could put on Rance code but there is also regulations state statute on a later slide I have that listed out the exact language of what that would be and I can go more in depth and so I guess the clarification that I got is is that yeah it could be the event could go on there could be legal selling and purchasing and there is the possibility of again consumption CU yeah like a beer you know I was almost thinking yeah they might be able to drink a you know a THC cocktail or drink or whatever but yeah the the flower um is where I'm thinking yeah there's going to be that's going to be where the rub is if there's actually cannabis being smoke correct commissioner and the city will have the ability to put on reasonable conditions with the permit and those are within the constraints of what the ocm correct is allowing correct and so that's probably written broadly enough to cover the City of Minneapolis which is going to have big weekend events I'm guessing and communities like ours so it they've had to think that broadness through okay um when it comes time for a permit like that that would be something that would need to be reviewed um and when we look at when we issue a first permit there could be there could be some issues that come up if we get applications for permits and as a city we we'll learn how to deal with those we'll hear what other communities are doing to help with the regulation the comfortability while also making sure that it's fair for people to to get those permits and to be able to enjoy those type of events it's predicated on everything's licensed and you Bo of that so building off of temporary events so if they have let's say a bake sale God there's going to be a lot of puns tonight um and they're selling brownies that's cool if we give them the license to have their flowered pot brownies sold but the state statute says you can't consume it but this new temporary license SL variant says oh you can now eat this on site hold on how about if I have my temporary dispensary license I've never been to anything like this is there like a fire risk by allowing people to to up and light up so that you know all their products go up in Flames if we allow that to happen I I I don't know commissioner that come down to the to the application of the permit and putting reasonable conditions that the city can do in addition to statute part of the rules state in here for on onsite consumption must have limited access to the consumption area pursuant to the Min or the statute as well as a commercial grade fence he surrounding the entire perimeter of the consumption area in addition to it just for the event there are four pages worth of regulations in the ordinance so there or excuse me in the statute just on that so I'm I'm sure there's going to be potential there's always potential that doesn't go perfectly for the first permit or to um we haven't had anybody ask about getting any permits but we just want to make sure that when they come in we we have a good foothold to provide a recommendation to staff to the council and the council have the knowledge and the ability to move forward with getting it out and then making sure we have the flexibility after that to make changes as needed sorry I'm going to be interrupting your role here but you mentioned something along the lines that it's a cash business why is it a cas cash business a lot of it's so cannabis isn't legal at the federal level so when you go to a bank to get a loan or if you want to use your American Express card those businesses operate separately and have the right to not allow for those purchases so primarily they deal in cash and that's where a lot of the the tracking will have to come from is to see where that is there's also inspections that'll be done as well thank you is there any accommodation as far as temporary or on-site consumption for the establishment of smoking lounges which are very common now in California uh now that the legalization is taking place over time it's like having a bar you bring your stuff you go in you smoke with friends whatever uh do any of these um cover cover that if a per a license or a permit can be issued by OC to allow for that type of event however I'm talking more about a permanent basis yep for for the for that for the permanent if you have you just have a room where it's a business you go in there you pay you can sit down you can consume on site there are ways that that could be done but that's handled through ocm um with those regulations outside of ocm having that final process in there because that's still an outstanding question of how that f is going to work um with that uh adult use cannabis flour so the smoking or anything creates The Vapor or whatnot can be done at a private residence to include the yard and on private property that's generally not accessible by the public so a bar is accessible by the public so therefore they don't it's not considered the same as your home so this is where you get a little bit of that ambiguity of what's the business look like if it's just allowing for the use on site and then with that there would be certain controls but it is an outstanding question that's out there um we do know that there's some more information that's going to be coming out in the next couple weeks that we're paying attention to you just need to establish a club anyway and and so following up on exactly that's that smoking Club so following up on that point that it could be let's say a Club then the ocm is going decide that however where those would be allowed within the city is the purview of our ordinance okay so so that helps me out on that I I excuse me we we could we could also prohibit that type of establishment we're only required to allow for the retail as far as anything else that's there we're not required to do it well and that was kind of where I was trying to go with that it seems like yeah that gets down to our ordinances and and such the other one that I want to quickly touch on was the sign so kind of thinking of a liquor store they have a lot of advertisement beer and stuff the business you know often times that's not a sign that's advertisement for products within and I think I heard that that kind of signage advertisement would not be consistent with our sign ordinates commissioner it would you could do that within it because with the sign ordinance that we have it has nothing to do with the content of it has to do with the type of material or the placement or how it's lit up things like that the physical characteristics not the actual language on it when it comes to the way that this is put together on here is that let me get back up to that here we go so the advertising piece that can't put it out to go after people under 21 so if you put it in a position where you're targeting um someplace that miners frequent and things like that that's where you can run in the issue um but that's going to be an interpret an interpretation but as far as if you go to to Holiday and you want to purchase a tobacco product they have the advertisement with price of the tobacco products outside the windows that type of stuff would still be permitted even within our code for cannabis business because we wouldn't look at it as that's cannabis that's tobacco that's alcohol yeah we we we don't compare those three together we just look at the physical characteristics of the side that's helpful for that context okay thanks almost last but not least comment with one more question I think we get finding the retail flower place and putting together the ordinances for that and we understand what we need to do with that I think where we spend a lot of time is not being able to talk about use but yet allowing these temporary events that's just my opinion those are going to be onet of 1% of the sale of the Cannabis product in the city but we spend a lot of time on it because there could be a use piece to it which is something we really can't legislate or make any laws or rules on last question of what you've discussed so far you said the league of Minnesota cities gave you a sample ordinance or something like that so we commissioner chair of the commission we worked off a packet that was provided for governments and you can tell it's been well noted and gone through and there in the back of it there's a model ordinance and a staff we attended a webinar where we had representatives of ocm as well as um their attorney as well as another attorney who helped write the or write the model ordinance for us to take a look at from that we synthesized it down to what affects Victoria and affects the needs of our community so my question really is model ordinances IDE deal with software and when you get software and you start customizing it the more you customize it the more problems you bring up the more potential issues that come up in the future is there a Consortium of cities that are trying to adhere totally to this model ordinance does it make the most sense for us not to tweak it as much as everybody else commissioner the model ordinance provided a lot of optional ways to do things the draft that's presented in front of you tonight um has been previously reviewed by the City attorney and we took those comments and made changes to get excuse me the draft that was previous to this was reviewed by the City attorney and this draft is based on that draft and the comments received by the City attorney there's also an individual in this city in our city attorney's office that that is a um an expert in the Cannabis law that'll be reviewing anything that we have before we go for adoption um they they're working with multiple cities and paying attention to more things than we are gotcha is more like a Choose Your Own Adventure versus a uh customizable software not not exactly but the model ordinance they sent in a word version and you can type everything in and we went through with delions went back and forth the staff and had different meetings and then what we did to avoid any of the weird stuff you print it out you set it on the desk and then you type it from scratch and that way you hit everything that you meant to hit and you mark it off as you go so that's one way to help avoid some of the conflicts that could potentially arise from using model ordinances thank you back to uh Christian's Point um I was at a uh at an event in in a neighboring City and the uh the police department uh a a person from the police department was the guest speaker for this event and in the uh in the question and answer there was there was a huge number of questions from this group in in in terms of the regulations on it and and it was um it is no doubt obvious at least it is to me that that it's going to have to be very tightly regulated and uh and I think I think everyone is is in agreement with that and um and you know I knew this guy that was speaking at the same time and and I told him you know that we had um we had a Planning Commission meeting coming up on this topic and he said uh he said what whatever you have today now this was uh two two and a half weeks ago a a huge amount will change from now until then and the other the other thing that that he talked about is that the uh the sheriff's associations and the police department associations uh have have yet to get deeply involved I don't know if that's true or not uh have yet to get deeply involved in it but there will be there will be some pretty substantial uh input coming from those sources at the same time and um and you know and I had talked about the fact that first of the year I mean it was it's legislation it's legislation that's already there and so that will not be reversed um I would doubt at at the same time but it'll be it'll be regulated way down and commissioner uh the the final rules probably won't be set until roughly January there's a report that ocm has to provide uh to the legislature uh based on a number of factors and then the the rule should be finalized somewhere around then as far as the statutes go next year is a legislative year where they could change the statutes um I don't know where it'll come with that and there I know there's a lot of organizations that have a lot of opinions and interest into what could be there but for the most part in a in a mid midlevel General scale we don't really expect to see too many changes that would affect the local ordinances that we would pass well and the other thing I told him is that in uh in literally all of the European countries that we've been in it's it's very widespread and there's an awful lot that we can learn uh from the uh European countries in terms of what has gone right or what has gone wrong at the same time and and he uh you know he said I hope they're doing that why would we model it after European countries rather rather than States here that have legalized marijuana for years California Colorado New York Washington DC why wouldn't we model it after them rather than Europe I mean your apples and orange I would I would say both I would I would utilize any resource myself so I have I have a couple of comments um first I I want to make clear that I have absolutely no debate with the underlying policy or law um the legislature and Governor have made the decision that this is the law of our state what we're authorized to do is regulate time place and Manner and number of retail locations and at our last session at which we discussed this I suggested that we do not want to become the city of lakes parks and cannabis dispensaries um the law says that if we want to limit the number number of retail outlets we have to do so by ordinance I did not see that in this ordinance and so my input would be to consider with the city council the number of of retail locations we wish to have in Victoria um I don't think we want to have a large number of locations we're only required to have one maybe zero depending on how you come to 12,500 people which is the law so um I think it's an important policy decision that the city gets to make how many locations we wish wish to have but we must include that in the ordinance second uh with respect to Manner and and place and time uh I have great empathy for people that live in multif family housing and I don't know if this is a state issue or if it's a city issue but um we should consider regulating use of a a very odorous product in multif family housing because it would be problematic if somebody had an allergy or a sensitivity to a smell and live next to somebody that uh wish to use the product the third point I would make is that I I think it does make sense to designate um cover County as the enforcer because we do that already with other laws uh it makes sense to me that we do that but registration is something that is a different animal alog together and makes sense to me that the city of Victoria would want to have a strong voice on who had register s uh for retail locations so um it's it's a balance ultimately with respect to this law it's evolving of course and and finding the right balance so we respect the right of people to use this lawful product and at the same time respecting the people that will be affected by the lawful use of that product and don't wish to encounter it I think is really important and that is something that we as a city have a right to do uh and commissioner to your to your point the I I'll be talking later in the presentation about the number just to give your heads okay so maybe we jump and where that's at so it's all good uh as far as um uh registration the the city's role is to say if it's a permitted use or not and then we can take a look at what the final rules are and at that point we'd come back and potentially look at performance standards next spring just to let you know this is this this is going to be the last time this ordinance is discussed I'm sure yeah um and the other thing with multif family we want to we want to avoid regulating what people can do on their private property with illegal use if it's a multif family building it's up to the property owner to set rule that says that you can't do this type of stuff I see so I just we don't want to take away too many freedoms while we regulate so um I I to get us to get us back a little out of the weeds I would like to move on to the next part we can get to the use tables sorry so uh we're looking at the finding businesses in front of you is a list of nine businesses these are the ones that we're looking at as far as location within the city there's a total of 13 licenses that can currently be issued um but as far as the city regulating Transporters event organizers delivery services and medical cannabis combination businesses we don't need to regulate any of that because it's all handled at a different level and with experts in those um so we do look at uh micro and Mezo businesses uh they can produce they can grow and they can sell retail the only difference is micro's allowed one location for retail meso allowed three cultivators can make can cultivate the plant and sell it uh to a to a licensed business uh you look at the uh low potency edible excuse me low potency hemp edible manufacturer they're just producing the hemp products such as the gummies and things like that as well as there's a retailer license that can be done manufacturer they just manufacture everything from the cultivator get it ready to go out so if you're creating Power Bars that have THC in them manufacturer be the one to do that we're looking at retailers retailers can sell the plant if you have a retailer license you can sell basically any of the flour at any stage and you can sell the hemp products as well uh there's testing facilities uh where we would want that testing involves various things it could create some odor um and that's one thing that we want to be conscious of and then wholesalers who are allowed to buy sell trade do their thing on a much larger scale when we look at this I just want to point out where some where three area or a few areas are we have in the maroon Circle in the center of the screens our Central business district uh the green circles highlight our agricultural districts that currently have res are used for residential purposes um and then down at the very bottom is the blue that's our South gross area that's where we're looking at that c1c2 that we've been talking about for the past few months and passed into or ordinates um yesterday right no sorry but so we we've got all that going one thing I do want to point out is that everything that's in gray that the city could annex by our rules when we Annex something from the township is automatically agriculturally zoned so why we have to do a resoning every time we see uh a PUD come forward for development uh when we're looking at the residential use table basically what we've come up with is three permitted uses in the agricultural Zone and that is for the production um meeso and micro businesses can have the retail component but their primary role is production a micro Mees meeso business would be similar to an apple orchard they grow the apples on site but you can still go there and buy the apples it'd be the same thing here where they grow the plant on site and you can go buy the plant directly from them um in all the other areas we don't want to we would recommend not to have any of these type of businesses traffic noise um odors and that type of things um I wouldn't necessarily want to be at home having traffic come by at 8:00 at night trying to purchase products when we look at our non-residential and our commercial areas what we're looking for is more the the retail component being restricted to the CBD uh the C1 and C2 and prohibiting it within our industrial Zone the reason to prohibit within the industrial zone is that though cultivation could exist out there because it's larger has noises isn't as a refined area the traffic that would go to our our industrial Zone we could create a problem with the highway getting people in and out and there's safety concerns for people walking in that area um we also want to look at going through and making sure that when we have these things set up that it meets what we're doing for other retail in the areas you'll notice where it says wholesaler at the bottom that would be a C2 and Industrial C2 allows for those bigger box stores or the the larger retail locations one thing that we have talked about but haven't dug deep into is looking at restricting the size of potential users whether it be square footage or whether it be by acreage um and things like that those are some of the things staff is still working through and we need to consider um the use table is something that that when we look at performance standards we'll want to get that type of stuff updated as well uh there are several unknowns that we still have at this point um the final process on the issues of a temporary cannabis event permit there's a lot of questions tonight of what that is and how it would work we're asking a lot of those same questions um and trying to get we have a good handle on what the process should be but as far as the finalization they haven't created the actual application yet or at least we haven't seen it so we don't have a chance to review what that looks like and tailor our internal process to to match up and meet the goals that are expressed here as well as at the city council um an agreement with Carver County and how that would work if there's going to be one how it would work that's all being handled um through Administration right now and being figured out we don't have a final on that and I'd be hesitant to provide any insight to how any of those conversations are going uh we talked about the densities the number of retail permits um in there the city's required to have one per every 12 half th000 residents so that means up to 24,999 Residents we have to allow one we hit 25,000 you need to allow for two there is a rule that allows for density matching to be done through the county density as well as the city's density we could allow we can restrict to a maximum one the county could restrict to a maximum of nine based on their the County's population um ocm still needs to final finalize their rules we probably won't see that till February late January hopefully but probably February once that's done we'll go back through all 111 pages and see what changed um the number of retail permits to be issued by ocm was increased to 150 um there are some uh social Equity applicants that we to go through about half of them uh one of the big things that ocm expressed is that they don't want to create an oversaturation of the market we want they want to allow the freedom of of these businesses to exist but if you allow one on every street corner everything's going to fail and it also causes other issues for the community so ocm is conscious about that primarily they're seeing that these permits are going to be issued within the metro area mainly Minneapolis St Paul and first ring suburbs um so as far as getting out here we don't have the same type of Market but it doesn't say that we won't see an application come forward uh there is the 30-day response to Applications once an applicant for any of the businesses goes to ocm and applies they have to bring that to the city the city has 30 days to say whether they meet the zoning and the location that they're going is good and if there's any special parameters unfortunately with that 30-day it's one thing that's being discussed because there's a lot of cities that would like to expand that beyond the 30 days so that we could go through either an interim use permit or a conditional use permit process to put more reasonable restrictions on a caseby Case basis uh so we'll see how yes so just just to be clear on this the the 150 is Statewide but that's the retail so that's not the cult of ours that's not the manufactur all of those other things that we looked at okay um second thing could you please remind me going back to the last slide and the tables the neighborhood remind me see one so C1 is more your more your strip mall style where you're going to have smaller retail maybe, 1500 2,000 foot retail and that's where you're going to have like your specialized delies uh smaller restaurants neighborhood basically if you're where the butcher deli is that kind of like that would be that would be a C1 type of construction I just had to make it concrete a C2 would be the target with the Burger King and the Taco Bell and all that other stuff gotcha gotcha thanks that's that's helpful uh we we have received many questions Community many of those questions are asked tonight as well about open and public use I just want to point out that there is the statute on there for anybody watching at home that wants to look up these specific rules as well as any planning Commissioners or anybody else who's watching to be able to go back and find exactly where we're getting this information um the question about the commissioner You' asked about uh the smoke and the smell and things like that there is specifically in the statute says vaporiz or smoke cannabis flour cannabis products artificially derived so on and so forth um can't be used at a location where a minor could inhale the vapor or the smoke from it so there's those things to consider so if you have um say a restaurant with a patio and there's miners on the patio that we could there could be a reasonableness to say that you cannot use those type of products because a minor could potentially ingest part of the the smoke or the the vapor from the product then help me understand Travis how we could do a temporary cannabis event outside in the central business district unless we kick all the kids out of town that's where the regulation comes with um and that is something that we looked at keeping it downtown if it's if it's say if it's out at enky there's enough space out there where they can make it so their lot is 21 only and you have that separation but let's say you want to go right next door to City Hall I I don't think that we would be able to issue a permit because there's a good chance that we could violate this part of the statute by allowing that permit um so it is there's a lot of hypotheticals to how it could be done we'd have to see what an application looks like we're not required to issue a permit just because someone applies that is one very key thing to look at so we have to make sure the reg the regulations are met make sure they're meeting our standards as a community and that we're protecting the interests of the public as set by the Planning Commission city council real quick I just want to make a note on the special event permits and how they are um I guess given out uh as of today so there's an internal team that does review those applications um me being one of them along with some other folks from city clerk uh we do bring these applications to our development review team and the reason for that is because we've got city engineer we've got fire we've got Public Safety we've got planning all within that that group that reviews these applications so we go through you know if they need a tent they have to get that tent inspected we know if there's a noise permit or if there's a band or an alcohol um license required so we vet those permits before they are even basically you know allowed and approved um so with that the point of me bringing this up is I Envision us having a little bit more stronger rules on those event applications when they do come in with Canabis related um purposes that's something that I believe Council would support us on that um again those would be something that we could really dig a little bit deeper into and put more regulations on on those types of um events so we're still like Travis had mentioned still reviewing that what that looks like talking with other city folks and working with ocm on that piece but how does this how is I guess my thing is use of cannabis on a outdoor patio restaurant patio I mean you can smoke out there Vape out there but use the Cannabis on a public or private or public restaurant bar patio I was that going to be regulated you don't necessarily have miners there you know because or you might if it's a restaurant um and they're serving food um but how would you regulate that chair that is a good question uh so there's a couple things to unpack for the question one is that any enforcement action like that would be done through law enforcement so they would be responsible for that as far as the the rules go that the state puts out under the Cannabis statutes they have certain regulations and with the back that's underneath the Clean Air Act that was done and setting in those rules but that was tailored toward W tobacco use not towards cannabis use because of when it was instituted back in 2007 uh so there are a few regulations that are there and there could be some cross there's a lot of similarities but nothing's going to be exactly the same um it does come down to uh the culture of motans and where we see things going and the changes that could be done um like I said 2025 is a legislative session there are plenty of advy groups out there on both sides there's lobbyists um that are out there Metro cities is one of the lobbyist for communities within the metro area and they are part of these webinars that we go to and the conversations that we're having so that those viewpoints can get across and I I can strongly point out that there's a lot of things that weren't going to be done back in August of 2023 after this had been passed that the uh Metro cities had reached out asked for feed back and I was part of those conversations at the time and a lot of the communities a lot of the stuff that they want to get in there were able to get in there initially cities weren't going to be allowed to have their own shop because it would kick other competitors out of the market well that was something that some communities have pushed for so there is a lot long story short there's a lot of things that are out there there's a lot of different regulations and we have to play with in the statutes that there's things that we find going forward we do have Outlets to express those and see if we can get some changes done to the statutes to the rules uh maybe some flexibility within our ordinance either if we want to loosen or tighten any type of restrictions or permissions that we have and I also understand that you know if go if you go there and you experience it and you say well this ain't where I want to go and you don't have to go support them the business can the business needs to self regulate their operations as well because if nobody wants to go to a business business is going to survive so there there's that factor that comes in as well um but if there are issues with a particular business that that we may have uh that'll be a conversation that'll be done with the senior management of the city as well as with law enforcement to figure out how we can resolve that and then work with the business owner to resolve those issues as they come forward so uh there's couple other things on here just for the record uh so they've been posted so you can go back to YouTube or you can go through I compass on the city's website and click and it'll give the specifics um I do want to point out that we went through and have used the office of CID Management's website as well as their frequently asked questions I bet you I've sent close to 20 emails to them asking them questions and specifics and clarifications we've also been through the statutes um there there's a lot of statutes in there some are more easier to read than others I know with the when you read them be careful uh if you do read them when you go through it because the like the personal use and where you're allowed to use it it's written really weird to how it breaks down our code breaks off to the right as you go through it there goes straight down and the numbering system could confuse a lot of people so just kind of a caution that got me for a week um and then the final thing is the proposed rules right now they're just the Draft rules so they're still on their first draft they need to create a final draft that draft still has to be approved by not only ocm but has to get a legislative review to make sure it's meeting the intent of what um the legislature wanted for this type of use and regulation uh the last the last slide we got uh is just talking about our next steps and it's to take the comments that we heard tonight um and do a staff review and answer those comments and be able to express those comments to the city council um so that the city council can provide comments and we can create a draft that has all the comments in it and can be uh fairly enforced is reasonable and is something that our City attorney would be more than happy to review and put his stamp on um we also have to still coordinate with ocm as well as Carver County on the final processes especially Administration and enforcement uh part uh we do need to hold a a public hearing for this because it is a zoning code um and we want to have the city council in December considered for adoption after all that's done then we have to take a look at what all the final rules are and we may come back with proposed changes or mandatory changes depending on how everything shapes out um with that I'm more than happy to to stand for any other questions the commission may have all right thank you travs and and thanks staff for all their hard work because it's it's a lot and to take 11 pages and put it down into a four-page ordinance it's not a simple task so I appreciate what you guys do um miners any other questions discussions comments this came up from a resident some other correspondents that I had was do we want to as a commission city council consider allowing the use of a temporary permit in a place outside of the CBD and you know the two that come to mind for me would be Lions Park Mossman Park meline Creek Park if somebody wanted to have a popup event in one of those those as it currently stands they would be outside the city's ordinance to do that is that something we want to consider or not I would I mean again it kind of goes back to you're in a park you're in regulation with miners I mean I guess if they all fenced off they'd have to have a permit and you'd have to decide if we have an ordinance against having it in that section of the city they couldn't even apply anyway right yeah it's I mean that's kind of the point of it's being that restrictive I I don't know if I agree one way or another but it's just a topic that had come up with couple messages that I had received earlier in Reading yeah it it was clear that it was within certain locations and not the parks and I took that as intent um okay correct the the commission the intent of how we wrote it to restrict it on a CBD area is for the most part if you if we allow it in any of our residential areas I don't know if all neighbors would be okay with somebody doing that such as the black party as far as parks there are kids there's no parks within our CBD district our Parks is its own separate zoning and then allowing it for a C1 or C2 there's no real good area that I could that we could Envision looking at similar type of developments where it just wouldn't be a whole bunch of people standing in the middle of a parking lot um in a heavy retailed area um and that can lead to problems some safety concerns traffic concerns and things like that so it is written specifically that it is it could be permitted if you can do it right but we have to look at the community as a whole and make sure that we're not providing or that we're providing safety but we're not providing such great restrictions that we're saying no you did this one to yourself by saying parking lots how about church parking lot or a religious event of some nature is that something that would be it's still based on the underlying zoning okay and churches are allowed and any of our R1 zoning which is not a permitted area for the for the businesses to operate nor to get a permit for temp event thank you I mean do others have opinions on whether we'd open it to the parks I think it opens up some challenges that we're not foreseeing I I think all of us are are probably exposed to a informal public hearing um on the on the topic I know I have been uh through various various different sources and what what I'm hearing from um with one exception thinking about it but uh literally from everyone is that um you know and and I've told them that that it's my understanding that that we are um legislatively we are required to have one uh retail store in the in the city and um and the general consensus is uh one would be enough thank you very much is kind of the general feedback from the uh the people that that I'm exposed with um both neighbors and church groups and whole bunch of other Civic groups at the same time so um I think it's good to be thinking about but I think more events are going to show up in some of the you know Metropolitan communities I I think it's good that we're thinking about preparing for it but and I also don't think there's going to be a lot of requests for perit that's my hunch people want to they're going to in their backyard or in their house or whatever yeah well if they're going to have because that's already cannabis event I don't think Victoria is going to be the choice I mean there's probably a hundred better options for having your Bake Off smoke off light up whatever it is um the only thing that came up came up today and it was because I was at the rec center um and I'm assuming there are already regulations on this but the plots of land that people rent from the city of Victoria can they have their four plants in those not okay just wanted to make sure that that's already taken care of thank you commission to that point just to Clare up the the for or you're talking about a community garden yeah the community there's community garden off of they're all over underneath the statute you wouldn't I can't see a way that you could even if we permitted it that you'd be able to meet the statute requirement or privately grown plants they have to be in a secured location that plan can't get to okay exactly and then there's bunch of other rules that come with it so there's a lot of Protections in place for that um so yeah the big thing tonight was just getting some of the questions out there that were outside our scope as far as looking at the ordinance such as you such as what's the state regulations to get a bet better understanding I'm more than happy to to feeli any questions that anybody would have regarding those or help direct them to where they can find the answers um and I believe that if War happy to take more comments about the ordinance itself and any questions that come up or conflicts that the commission might see well I mean you've had a lot of exposure to this and you've been in study groups extensively and have uh and have obviously read extensively what what's your take on it Travis for for the city for the city of Victoria my my take on it in my personal opinion um would be that the regulations set forth are a lot based on Tobacco as well as alcohol as far as how it's regulated where it can be used and things like that uh it's my belief that uh allowing for the type of use such as a temporary event permit is an amenity to the community however when we look at that amenity we have to look at how are we going to regulate it without overregulation where it creates a nuisance as far as having a shop and place place or anything like that um I'm all in favor of having the retail if there's going to be growth uh or cultivator or anything like that making sure that we put those in appropriate locations where we limit uh any chance of an adverse effect there's always going to be that risk if we stick up a a frisbee store you could have the same issues that you do with a cannabis retailer so it's looking at those things I think it could be good for the community I don't think that we're going to be oversaturated um because like I said out of the 150 which they bumped up from 100 uh just a couple months ago even with that in place half that is going to um the uh social Equitable uh parts of the metro area for the most part St Cloud duth Winona um and Rochester areas and a lot of that has to there's a whole bunch of rules on qualifying factors and a lot of those permits will be to determined b or the eligibility for those permits will be determined after the rules are finalized and a final report is provided in January um so there have been people who have been able to apply already um but as far as Victoria goes I it would be my whole heart of belief that I don't think we would get more than one retailer and I think that the cost of our soil is high enough where it wouldn't make Financial sense for a cultivator or a micro or Mar business to come to the victor area when you could go a little bit further out and you may have less regulations in a Township that's on the other side of water town or something or outside of cologne or or what have you um so I think the biggest thing we're looking at is just the retail and the and the freedom of use to it but like I said we still need to look at how does it affect the community how can we mitigate that as staff it's our role to take the interpretation from uh representatives of the community such as the city council and the Planning Commission put that stuff together do the research and come back and provide a recommendation and be able to answer questions in a defensible way so that it can move forward I think one of the uh I appreciate it I I I think one of the um one of the elements that I'm waiting to hear from uh in in a public hearing basically is the downtown Victoria Community uh the business owners and and and I think that'll that'll give us some some direction in in in terms of you know quite frankly as a group what do they want and what do they not want at the same time and I think that'll that'll be interesting so um the uh I'm I'm looking forward to looking forward to that um and commissioner with the public hearing the plan right now is to kind of do what we've what's on the screen is we've gotten questions and to be prepared for those type of answers so if there are questions that any planning Commissioners or anybody watching at home um have or are looking at be more happy to take in those questions we may not have a response until the public hearing but at least we can have a heads up and make sure we're well researched and can provide a fair answer that's that's accurate any more comments after hearing no more discussions this request does not require formal motion so that concludes our discussion item for this evening moving on to the miscellaneous section of our agenda staff you have any miscellaneous items none from staff Commissioners any miscellaneous items I have 9:00 am tomorrow there's a transfer area transportation meeting at the Victoria Rec Center I plan to go but that would be it is that right 9:00 a.m. tomorrow correct sorry it's helpful thanks yeah thanks hearing no more items can I ask for a motion to adjourn so move got motion get a second I'll second motion second all those in favor I thank you the motion carries we are adjourned for