HomeMy WebLinkAbout10.21.24 Joint Planning and Council Packet
AGENDA
Joint Planning
Commission and City
Council Work Session
5:30 PM - Monday, October 21, 2024
Farmington City Hall, Council Chambers
Page
1. CALL TO ORDER
2. APPROVE AGENDA
3. DISCUSSION ITEMS
Discussion on Cannabis Legislation and Potential Regulations
Review the attached information and provide direction on potential
zoning regulations for cannabis uses.
Agenda Item: Discussion on Cannabis Legislation and Potential
Regulations - Pdf
2 - 9
4. CITY COUNCIL COMMITTEE UPDATE
5. CITY ADMINISTRATOR UPDATE
6. ADJOURN
Page 1 of 9
COUNCIL WORK SESSION AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Tony Wippler, Planning Manager
Department: Community Development
Subject: Discussion on Cannabis Legislation and Potential Regulations
Meeting: Joint Planning Commission and City Council Work Session - Oct 21 2024
INTRODUCTION:
HKGi will be present at the joint work session to discuss the newly enacted cannabis legislation and
how the City's zoning code could be updated to address the legislation and to build off the
discussion that was had with the Planning Commission at their October 8th work session. HKGi
have become experts on this topic and are assisting multiple communities in addressing cannabis
related businesses within their zoning regulations.
DISCUSSION:
As Council is aware, on July 1st of this year, the City enacted a moratorium prohibiting the
operation of cannabis businesses. This moratorium is set to expire on January 1, 2025. The intent
of this project is to have updated ordinance language in place that regulate cannabis businesses by
the end of this year.
Attached is a memorandum prepared by HKGi outlining what will be discussed at the joint work
session.
ACTION REQUESTED:
Review the attached information and provide direction on potential zoning regulations for cannabis
uses.
ATTACHMENTS:
20241021_meeting memo
AllBuffers_select districts
Downtown all buffers
ParkBuffer_selectDistricts
School and Daycare buffers
Page 2 of 9
JOINT WORKSESSION MEMO
TO: City of Farmington City Council and Planning Commission
FROM: Beth Richmond and Rita Trapp, Consulting Planners
DATE: October 15, 2024
SUBJECT: Cannabis Legislation and Regulations
MEETING DATE: October 21, 2024
OVERVIEW
In 2023, the Minnesota Legislature approved a new law to expand the legalization of THC and certain types of
cannabis products, as well as to permit different types of cannabis businesses. The new legislation is fairly
comprehensive and established a new specialized statewide regulating authority for this matter – the Office of
Cannabis Management (OCM). This office will assist cities with registration and the regulation of cannabis
through zoning.
The new law created 16 cannabis and hemp license types. The OCM is responsible for issuing licenses for
cannabis businesses, however, local governments will be asked to certify whether an application complies with
local zoning ordinances before a license is issued. Cities will need to examine their zoning regulations and make
amendments to the existing city code in order to accommodate these uses, possibly creating new definitions,
standards, and interpretations. The OCM created a draft model ordinance for cannabis regulation that cities can
use to create their own regulations. This model ordinance can be found in the OCM’s Guide for Local Minnesota
Governments on Adult-Use Cannabis.
Cities may not ban cannabis or hemp businesses, however, they have discretion in creating zoning standards and
may set “reasonable restrictions” on the time, place, and manner of cannabis uses. These restrictions may
include permitting activities in only certain zoning districts, setting minimum spacing based on the location of
other uses, and creating other standards around signage, odor, or water use restrictions, etc. In consideration of
the overall regulatory approach, the City will need to ensure that it is not enacting any control that could be
considered a de facto ban.
The City has hired HKGi to assist with developing the City’s cannabis regulations. At the October worksession,
HKGi will facilitate a discussion where Councilmembers and Commissioners will be asked to provide direction for
the City’s new cannabis regulations.
PLANNING COMMISSION WORKSESSION
The Planning Commission met for an initial discussion related to cannabis regulations on October 8. At the
worksession, the Planning Commission provided feedback on the location, buffer requirements, and hours of
operation for cannabis uses. The input from the Planning Commission has been incorporated into the discussion
below about each of the potential regulations.
Page 3 of 9
Joint Worksession Memo – Cannabis Legislation and Regulations – October 21, 2024
POTENTIAL REGULATIONS
Uses and Districts
Cannabis uses licensed by the state can be separated into different categories, including indoor and outdoor
cultivation, manufacturing, cannabis retail, and lower potency hemp edible retail. Each cannabis use must be
allowed somewhere in the City. General guidance for this is to allow these cannabis uses in similar areas or
zoning districts as existing, similar uses within the City. The table below shows where and how each cannabis
use is proposed based on the Planning Commission’s recommendation. The Planning Commission stated a
preference for initially being more restrictive in where and how these uses are allowed, acknowledging that it
would be easier to reduce restrictions on cannabis uses in the future if desired rather than increase them. The
City Attorney is supportive of allowing cannabis uses as conditional uses, so long as any conditions placed on the
use(s) are within the City’s authority to require as regulating the “reasonable time, place, and manner” of the
uses.
Proposed Cannabis Uses A-1 B-1 B-2 B-3 SSMU MUCI MUCR I P/OS
Cultivation, outdoor C
Cultivation, indoor C C
Manufacturing (cannabis and
hemp)
*includes wholesale,
transportation, and delivery
C C
Cannabis retail C C C C C
Lower potency hemp edible retail C C C C C
Buffer Requirements
State statute allows cities to require buffers around cannabis businesses of up to 1,000 feet from schools and of
up to 500 feet from day cares, playgrounds, athletic fields, other youth-oriented park attractions, and residential
treatment facilities. Note that the City may not enact any control that would effectively ban a cannabis use.
At the October worksession, Commissioners provided direction to require the maximum size of buffers around
cannabis retail businesses. Following this direction, the attached maps were created to show what these
potential buffers would look like and their potential impact on properties available for development as a
cannabis retail use. These maps will be discussed further at the meeting.
The Planning Commission also discussed buffers for lower potency hemp edible retail uses, and recommended
that the buffers required for this use, if any, be less restrictive than those required for cannabis retail.
Buffers may also be required around manufacturing or cultivation cannabis uses. Staff does not feel that creating
these buffers is necessary, however, input from the Planning Commission and City Council is requested to
confirm that direction.
Minimum Distance Between Businesses
While cities may not ban cannabis uses entirely, cities do have the authority to limit the number of cannabis
retail businesses within their boundaries. The most restrictive limit would be to allow no more than one
cannabis retail business per 12,500 residents. With the City of Farmington’s current population, this limit would
result in the opportunity for the creation of a maximum of two cannabis retail businesses. Staff and the Planning
Commission indicated interest in enacting this limit. Note that there are no limits to local registration
Page 4 of 9
Joint Worksession Memo – Cannabis Legislation and Regulations – October 21, 2024
requirements for non-retail cannabis businesses, therefore, the City will not be able to restrict the number of
producers or manufacturers.
Municipalities may set a minimum buffer distance between cannabis retail businesses. The Planning Commission
did not recommend this approach due to the small number of cannabis retail businesses that would be allowed
in the City and the limited areas in which these uses would be allowed.
Hours of Operation
Cannabis retail sales are prohibited by the State between 2:00 am and 8:00 am Monday-Saturday and between
2:00 am and 10:00 am on Sundays. The City may choose to limit the hours of operation for retail sales further to
a maximum of between 10:00 am and 9:00 pm, seven days a week. The Planning Commission directed Staff to
review the City’s current hours of operation for on- and off-sale liquor as it may make sense to match lower
potency hemp edible retail sales with on-sale liquor hours and cannabis retail sales with off-sale liquor hours.
Lower potency hemp edible retail sales is proposed to be different than cannabis as it involves drinks and
edibles that are sold in a wider variety of establishments, many of which already have to meet on-sale liquor
hours.
The City prohibits on-sale liquor sales between 2:00 am and 8:00 am Monday through Saturday and after
2:00am on Sundays. Off-sale liquor sales are prohibited before 8:00 am and after 10:00 pm Monday through
Saturday, before 11:00 am and after 6:00 pm on Sundays, and Thanksgiving, Christmas Day, and after 8:00 pm
on Christmas Eve.
ATTACHMENTS
• Buffer Maps
Page 5 of 9
179th
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3
Farmington Cannabis Ordinance
Buffer Zones DRAFT
Date Exported: 10/16/2024
0 10.5Miles
F
School Parcels
1,000 ft Buffer
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500 ft Buffer
Parks
500 ft Buffer
Farmington
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Zoning District
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Farmington Cannabis Ordinance
Buffer Zones DRAFT
Date Exported: 10/16/2024
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Page 7 of 9
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179th
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Farmington Cannabis Ordinance
Buffer Zones DRAFT
Date Exported: 10/16/2024
0 10.5Miles
F
School Parcels
1,000 ft Buffer
Daycare Parcels
500 ft Buffer
Farmington
OAA
Zoning District
B-1 (Highway Business)
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