HomeMy WebLinkAbout10.08.24 Special Planning Packet
Meeting Location:
Farmington City Hall, Council
Chambers
430 Third Street
Farmington, MN 55024
SPECIAL PLANNING COMMISSION
Tuesday, October 8, 2024
5:30 PM
Page
1. CALL TO ORDER
2. APPROVAL OF MINUTES
3. PUBLIC HEARINGS
4. DISCUSSION
4.1. Discussion on Cannabis Legislation and Potential Regulations
Review the attached information and provide direction on potential
zoning regulations for cannabis uses including cultivation,
manufacturing, wholesale, retail, and transportation and delivery.
Agenda Item: Discussion on Cannabis Legislation and Potential
Regulations - Pdf
2 - 10
5. ADJOURN
Page 1 of 10
SPECIAL PLANNING COMMISSION AGENDA MEMO
To: Planning Commission
From: Tony Wippler, Planning Manager
Department: Planning Commission
Subject: Discussion on Cannabis Legislation and Potential Regulations
Meeting: Special Planning Commission Work Session - Oct 08 2024
INTRODUCTION:
HKGi will be present at the work session to discuss the newly enacted cannabis legislation and how
the City's zoning code could be updated to address the legislation.
DISCUSSION:
Attached, is a memorandum prepared by HKGi outlining what will be discussed at the work session.
BUDGET IMPACT:
Not applicable
ACTION REQUESTED:
Review the attached information and provide direction on potential zoning regulations for cannabis
uses including cultivation, manufacturing, wholesale, retail, and transportation and delivery.
ATTACHMENTS:
20241008_PC meeting memo
Buffermaps_grouped
Page 2 of 10
PLANNING COMMISSION WORKSESSION MEMO
TO: City of Farmington Planning Commission
FROM: Beth Richmond and Rita Trapp, Consulting Planners
DATE: October 3, 2024
SUBJECT: Cannabis Legislation and Regulations
MEETING DATE: October 8, 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. To allow time for evaluation and understanding of the legislation and to prepare
for its impacts, Minnesota State Statue Section 342.13(e) provided cities the authority to enact a moratorium on
cannabis business through January 1, 2025. The City of Farmington chose to establish a moratorium on cannabis
businesses which will expire on January 1, 2025, with no ability to extend it further.
Under Minnesota Statute 342.13(d), the OCM was directed to draft model ordinances for cannabis regulation
that cities can use to create their own regulations. A draft of this model ordinance was published in Summer
2024 and can be found beginning on page 23 of the OCM’s Guide for Local Minnesota Governments on Adult-
Use Cannabis.
The City has hired HKGi to assist with developing the City’s cannabis regulations. At the October worksession,
HKGi will facilitate a discussion where Commissioners will be asked to provide direction for the City’s new
cannabis regulations. To inform this discussion, this report provides an overview of the state statute, the City’s
authority to regulate the different types of land use activities, cannabis retail standards, and next steps.
STATE STATUTE
The legalization of adult-use cannabis is underway with sales expected to begin early in 2025. OCM has the
authority to license cannabis and hemp businesses and to oversee recreational and medical uses. Beginning
August 1, 2024, individuals 21 years and older in Minnesota can use cannabis flower and products in their
private residences (including yards), on private property, and at permitted events licensed for on-site
consumption. Consuming cannabis is prohibited in motor vehicles, on school property, and in state correctional
Page 3 of 10
Planning Commission Worksession Memo – Cannabis Legislation and Regulations – October 2, 2024
facilities. Individuals may also cultivate up to eight cannabis plants on private property within certain
parameters.
USES AND DISTRICTS
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.
While there are 16 cannabis license types, the OCM recommends regulating cannabis businesses in the zoning
code based on their use type. The cannabis license types have been consolidated into 8 different uses, including
cultivation, manufacturing, wholesale, retail, and transportation and delivery. These uses are described in more
detail on pages 13-14 of the OCM’s Cannabis Guide. The table below shows the agricultural, business, and
industrial districts of the City and how similar uses are currently allowed in these districts. The second half of the
table shows the cannabis-specific uses and where each is proposed based on Staff’s recommendation. For each
cannabis use, the Planning Commission is asked to provide direction for the appropriate zoning districts in which
the use would be allowed. The purpose statements for each zoning district are attached to this memo for
reference.
Uses A-1 B-1 B-2 B-3 SSMU MUCI MUCR I P/OS
Existing Uses
Agriculture P P
Retail P P P P P P/C
Light manufacturing P P
Manufacturing C C
Warehousing C P P
Wholesale P
Truck terminal P C
Cannabis-Specific Uses (Proposed)
Cultivation, outdoor C
Cultivation, indoor C C
Manufacturing (cannabis and
hemp)
C C
Wholesale C C
Cannabis retail C C C C C C
Lower potency hemp edible retail C C C C C C
Transportation C C
Delivery C C
Page 4 of 10
Planning Commission Worksession Memo – Cannabis Legislation and Regulations – October 2, 2024
CANNABIS RETAIL STANDARDS
Buffer Requirements
In light of what seem to be common concerns around cannabis retail locations in relation to children and
vulnerable populations, state statute allows cities to require setbacks from schools of up to 1,000 feet and from
day cares, playgrounds, athletic fields, other youth-oriented park attractions, and residential treatment facilities
of up to 500 feet. While there is no formal guidance or specific preemption on hemp businesses or sales, cities
have general zoning power and could also enact “reasonable restrictions” on hemp sales and products similar to
those created for cannabis.
Using the maximum spacing standards referenced in the legislation, Staff created the three attached maps
showing what these setback scenarios could look like in Farmington:
• Map 1 shows the maximum buffering allowed from schools (1,000 feet)
• Map 2 shows the maximum buffering allowed from daycares (500 feet)
• Map 3 shows the maximum buffering allowed from park attractions such as playgrounds and athletic
fields (500 feet)
Keeping in mind that cities may not enact any control that would effectively ban a cannabis use, the Planning
Commission should review the maps to determine if buffers are desired for any or all of these uses, and if so,
what the appropriate buffer width might be.
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 has indicated
that the City is interested in enacting this limit. Note that there are no limits to local registration requirements
for non-retail cannabis businesses, therefore, the City will not be able to restrict the number of producers or
manufacturers.
State Statute does allow municipalities to set a minimum buffer distance between cannabis retail businesses. If
the City is concerned about the potential number or concentration of retail operations, a minimum buffer
requirement could be considered. This would come into effect only after a retail business was established and
would impact the potential location of a second business. If the Planning Commission indicates an interest in this
buffer, additional mapping should be completed to determine an appropriate buffer distance.
Hours of Operation
Cannabis retail sales are prohibited by the State between 2:00 am and 8:00 am Monday-Saturday and between
2:00am and 10:00am on Sundays. This is specific to cannabis sales, but could be used for hemp sales as well.
Cities may choose to limit this further if desired. The minimum hours of operation which must be allowed are
between 10:00am and 9:00pm, seven days a week. The Planning Commission should provide direction on
whether hours of operation should be limited further.
Page 5 of 10
Planning Commission Worksession Memo – Cannabis Legislation and Regulations – October 2, 2024
REQUESTED ACTION
HKGi is requesting Planning Commission direction on potential zoning regulations for cannabis uses including
cultivation, manufacturing, wholesale, retail, and transportation and delivery. Based on this discussion, and for
the duration of the moratorium, HKGi will work with City Staff, the Planning Commission, and the City Council to
create or amend the necessary Code provisions in order to provide a framework for these products and uses
moving forward.
ATTACHMENTS
• Zoning District Purpose Statements
• Buffer Maps:
o Map 1 – Maximum Buffer – Schools
o Map 2 – Maximum Buffer – Daycares
o Map 3 – Maximum Buffer – Park Attractions
Page 6 of 10
Planning Commission Worksession Memo – Cannabis Legislation and Regulations – October 2, 2024
Farmington Zoning District Purpose Statements
A-1 Agriculture District: The A-1 Agriculture District is intended to preserve the City's agricultural uses in order
to protect farms, to maintain the City's small town character and to create an urban reserve for such time when
there is a need for additional urban development and public utilities may be extended.
B-1 Highway Business District: The B-1 Highway Business District is intended to provide nodes of commercial
uses along major roadways that are both pedestrian accessible from adjoining neighborhoods and automobile
accessible for short trips and through traffic.
B-2 Downtown Business District: The B-2 Downtown Business District identifies a variety of general commercial
and higher density residential uses for the downtown area in order to expand and strengthen the downtown as
the primary commercial district for the city, create a pedestrian friendly downtown, and promote the city as a
cultural center. Objectives of this district are to preserve historical buildings, require high design standards, and
provide a diverse mix of community oriented commercial and cultural activities that are pedestrian oriented and
accessible to area residents.
B-3 General Business District: The B-3 General Business District accommodates existing areas with commercial
and industrial businesses that incorporate site design measures to ensure their compatibility with adjacent
properties.
SSMU Spruce Street Mixed Use District: The SSMU Spruce Street Mixed Use District is primarily designated for
commercial retail sales and services. This district is not intended to compete with the businesses in the central
business district; rather, it is intended to provide a location for those businesses that have space needs that
cannot be accommodated in the downtown or would be a disruption to existing development patterns.
Development in this district will provide design elements and building and site relationships that emulate
traditional main street form to create a walkable pedestrian friendly environment with connections to
surrounding areas. The relationship of the Spruce Street mixed use district to CSAH 50, future residential
development, and the central business district will require a greater sensitivity to design with higher quality
standards in order to develop a pleasant, attractive and aesthetically pleasing environment.
MUCI Mixed Use Commercial/Industrial District: The MUCI Mixed Use Commercial/Industrial District provides
for the development of larger mixed business areas along major roadways, including services, offices, research
laboratories, and light manufacturing uses without any exterior activities, as well as compatible commercial
uses. This district is intended to be flexible to accommodate a mix of non-residential uses and development
formats.
MUCR Mixed Use Commercial/Residential District: The MUCR Mixed Use Commercial/Residential District is
established to provide a flexible framework for the creation of high quality, comprehensively designed
commercial neighborhood development with a multiple-family component. A variety of developments are
encouraged, with developments designed to promote walking, bicycling and potential transit use.
I Industrial District: The I Industrial District provides areas for existing and future industrial uses and promotes
high quality architectural, landscaping and site plan development standards in order to increase the City's tax
base and employment opportunities. This district requires that exterior industrial activities and storage are
limited and fully screened to minimize impacts on adjacent properties and public rights-of-way.
P/OS Parks and Open Space District: The P/OS Parks and Open Space District provides recreational and leisure
opportunities through publicly owned land and recognizes vital environmental resources including steep slopes,
wetlands, and floodplains.
Page 7 of 10
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Farmington Cannabis Ordinance
School Buffer Zones: 1,000 ft DRAFT
Date Exported: 9/27/2024
0 10.5Miles
F
1,000 ft Buffer
School Parcels
Farmington
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Farmington Cannabis Ordinance
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210th Fl
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m
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208th
208th
66
50
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74
31
78
78
31
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3
3
Farmington Cannabis Ordinance
Park Buffer Zones: 500 ft DRAFT
Date Exported: 9/27/2024
0 10.5Miles
F
500 ft Buffer
Park Type
Parks
Farmington
OAA
Zoning District
A-1 (Agriculture)
R-1 (Low Density Residential)
R-2 (Low/Medium Density
Residential)
R-3 (Medium Density Residential)
R-4 (High Density Residential)
R-D (Downtown Residential)
MUCR (Mixed-Use Commercial/
Residential)
B-1 (Highway Business)
B-2 (Downtown Business)
B-3 (General Business)
SSMU (Spruce Street Mixed-Use)
MUCI (Mixed-Use Commercial/
Industrial)
I (Industrial)
P/OS (Parks/Open Space)
Fo
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M
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X
X
X
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C
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O
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0
6
G
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P
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