Shakopee City Council — Transcript

Sunday, August 9, 2026

Amendment to Cannabis Cultivation and Manufacturing Regulations in B1 Zoning District

Votes (1)

Public Hearing: Request to amend City Code Sections 151.002 and 151.007K related to cannabis cultivation and manufacturing in B1 zoning district

5-0 Recommended Denial

Dissent: None

Moved by Commissioner Robbins [Planning Commission Meeting] · Seconded by Commissioner Weiler [Planning Commission Meeting]

The public hearing addressed a request from Rory Cummings and Tom Madden, pre-approved for a cannabis microbusiness license, to modify city code to allow indoor cannabis cultivation and manufacturing at 491 Marshall Road in the B1 zoning district. Their proposal included a revised definition for 'cannabis cultivator' and changes to allow these uses in B1. Staff recommended denial, citing conflicts with the 2040 Comprehensive Plan (which designates B1 for commercial rather than industrial uses), concerns about odor, noise, and security in proximity to residences and other businesses, and the risk of setting a precedent that could open the B1 district to various industrial operations. The applicants emphasized rigorous odor control measures (grow tents, HVAC with carbon filters), low noise levels, and robust security. They explained their motivation stemmed from severe supply shortages in the state, necessitating self-cultivation to sustain their Minnetonka retail operation, and highlighted the difficulty of finding suitable zoned locations. Commissioners raised questions about aligning with state language, the 'Pandora's Box' effect of allowing industrial uses in B1, and the implications for the city's overall zoning strategy.

Notable Quotes (4)

I mean, Chair and members, I think the issue is that it opens kind of the Pandora's Box. It's very difficult to limit, you know, you For instance, if you want to do automotive repair, I mean, that's not a by right, that's by conditional use um cuz that's already set up in our code. Um I think the proposed changes would make it really difficult to do some uses. I mean, we would end up with, for instance, a cannabis store or manufacturing growing in an apartment building by right.

Mr. Kurski [Planning Commission Meeting]
Public Hearing: Request to amend City Code Sections 151.002 and 151.007K related to cannabis cultivation and manufacturing in B1 zoning district

And one of the endorsements actually that we had skipped to make sure that odor was under control is the onsite consumption... The um, cultivation of cannabis as well is uh we propose to do them through grow tents, which would have inline filters and carbon filters. And on top of that, the OCM does require us to have a negative pressure HVAC system, which would also include a large uh carbon filter system to help remove any smell.

Rory Cummings [Applicant Presentation]
Public Hearing: Request to amend City Code Sections 151.002 and 151.007K related to cannabis cultivation and manufacturing in B1 zoning district

There there is no supply... So we were working with a grower out in Hutchinson and we agreed on a price... and then in April when we met to uh to sign off on the purchase, he was going to charge us four times the going rate. And the the numbers I ran, if we were to pay that price, we would be out of business in anywhere from 90 to 120 days because the price you would have to charge for the product versus what they can get on you really you're really comparing it to what they get at the street level...

Rory Cummings [Applicant Presentation]
Public Hearing: Request to amend City Code Sections 151.002 and 151.007K related to cannabis cultivation and manufacturing in B1 zoning district

Uh yeah, I mean, I I keep going back to, right, this is not just about are we allowing one business to open or not open, right? Or it's it's about setting a precedent. It's about changing city code. It's about changing, I think, the nature of what the B1 zone is, right? The idea that it's meant for retail. It's meant for, you know, people going and buying something.

Mr. Chair [Planning Commission Meeting]
Public Hearing: Request to amend City Code Sections 151.002 and 151.007K related to cannabis cultivation and manufacturing in B1 zoning district

Ordinances & Resolutions (5)

City Code Section 151.002Ordinance

City code section pertaining to definitions, proposed for amendment related to cannabis cultivator definition.

City Code Section 151.007KOrdinance

City code section pertaining to the table of uses, proposed for amendment related to cannabis cultivation and manufacturing in B1 zoning.

2040 Comprehensive PlanPlan

Guiding document for B1 zone properties as mixed-use commercial corridor/center, cited as being in conflict with proposed industrial uses.

Ordinance 02024-11Ordinance

Original city ordinance approved December 17th, 2024, that added cannabis use classifications and defined zoning district allowances.

Minnesota Statute Section 342.01, Subsection 4027Other

State legislation defining 'cultivation' for cannabis.

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Shakopee City Council - Shakopee Recorder