Shakopee rejects cannabis cultivation in commercial zone
Shakopee's Planning Commission unanimously recommended denying a request to allow indoor cannabis cultivation and manufacturing in a commercial business district. The decision came after applicants argued they need to grow their own cannabis to keep their Minnetonka retail store financially viable.
Two cannabis business owners, Rory Cummings and Tom Madden, asked the city to change zoning rules to allow them to operate an indoor cultivation and manufacturing facility at 491 Marshall Road in the B1 Highway Business district. The Planning Commission voted 5-0 to recommend denial on August 10.
The applicants explained they face a critical supply problem. They had arranged to buy cannabis from a grower in Hutchinson, but when it came time to finalize the deal in April, the price jumped to four times the agreed amount. Cummings told commissioners that at those prices, his business would run out of money within 90 to 120 days. To solve the problem, they proposed growing cannabis themselves, promising strict odor control through grow tents with carbon filters and a negative pressure HVAC system that exceeds state requirements.
City staff and commissioners rejected the proposal, citing three main concerns. First, allowing manufacturing in the B1 zone would contradict Shakopee's 2040 Comprehensive Plan, which designates the area for retail and commercial uses, not industrial operations. Second, commissioners worried about odor, noise, and security impacts on nearby residences and businesses. Third, and most significantly, they feared approving this request would set a dangerous precedent. "It opens kind of the Pandora's Box," said one commissioner, warning that allowing cannabis manufacturing could lead to other industrial uses—like automotive repair—appearing in commercial zones and even near apartment buildings.
Commissioners emphasized the decision wasn't about blocking one business, but about protecting the city's overall zoning strategy. Cannabis cultivation and manufacturing are already permitted in Shakopee's I1 (Light Industry) and I2 (Heavy Industry) zoning districts, but the applicants said finding suitable locations in those zones has proven difficult. The Planning Commission's recommendation now goes to the Shakopee City Council for final consideration.
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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
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.
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.
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...
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.
Ordinances & Resolutions (5)
City code section pertaining to definitions, proposed for amendment related to cannabis cultivator definition.
City code section pertaining to the table of uses, proposed for amendment related to cannabis cultivation and manufacturing in B1 zoning.
Guiding document for B1 zone properties as mixed-use commercial corridor/center, cited as being in conflict with proposed industrial uses.
Original city ordinance approved December 17th, 2024, that added cannabis use classifications and defined zoning district allowances.
State legislation defining 'cultivation' for cannabis.
Source document
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