12-03-24 Agenda and Packet
A.6:00 P.M. - CALL TO ORDER
B.PUBLIC HEARINGS
B.1 Consider Proposed Ordinance XXX: Adopting Zoning Ordinance Regulations for Cannabis
Businesses
C.GENERAL BUSINESS
D.APPROVAL OF MINUTES
D.1 Approve Planning Commission Meeting Minutes dated November 4, 2024
D.2 Approve Planning Commission Work Session Meeting Minutes dated November 19, 2024
E.COMMISSION PRESENTATIONS
F.ADMINISTRATIVE PRESENTATIONS
F.1 Discuss Ordinance XXX: Amending Conditional Uses in the Agricultural Estate and Rural
Residential zoning districts to remove group homes serving seven to 16 persons as a
conditional use in those zoning districts, as well as removing City Code Section 20-261.
G.CORRESPONDENCE DISCUSSION
H.OPEN DISCUSSION
I.ADJOURNMENT
AGENDA
CHANHASSEN PLANNING COMMISSION
TUESDAY, DECEMBER 3, 2024
CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD
NOTE: Planning Commission meetings are scheduled to end by 9:00 p.m. as outlined in the official by-laws. We will
make every attempt to complete the hearing for each item on the agenda. If, however, this does not appear to be possible,
the Chairperson will notify those present and offer rescheduling options. Items thus pulled from consideration will be
listed first on the agenda at the next Commission meeting.
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If a constituent or resident sends an email to staff or the Planning Commission, it must be made part of the public record
based on State Statute. If a constituent or resident sends an email to the Mayor and City Council, it is up to each individual
City Council member and Mayor if they want it to be made part of the public record or not. There is no State Statute that
forces the Mayor or City Council to share that information with the public or be made part of the public record. Under
State Statute, staff cannot remove comments or letters provided as part of the public input process.
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Planning Commission Item
December 3, 2024
Item Consider Proposed Ordinance XXX: Adopting Zoning Ordinance Regulations
for Cannabis Businesses
File No.Item No: B.1
Agenda Section PUBLIC HEARINGS
Prepared By Eric Maass, Community Development Director
Applicant
Present Zoning
Land Use
Acerage
Density
Applicable
Regulations
SUGGESTED ACTION
Proposed Motion: "The Chanhassen Planning Commission recommends that the City Council
approves the attached Ordinance regulating Cannabis businesses as presented."
SUMMARY
City staff, in partnership with the City Attorney's office, has drafted an initial ordinance regulating
cannabis sales and manufacturing for review and discussion by the City Council and supporting
commissions. The draft ordinance recommends treating the retail sales of Cannabis and Hemp the same
way in which the sale of alcohol is regulated from a zoning standpoint. A cannabis retail licensing
authority must be designated to coordinate license approvals with the Office of Cannabis Management
and to conduct compliance inspections. The proposed ordinance delegates the cannabis retail licensing
authority to Carver County.
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BACKGROUND
The draft ordinance has been discussed at a City Council work session on October 28, an Economic
Development Commission Meeting on November 12, and a Planning Commission work session on
November 19. The City Council agreed with the suggested zoning districts proposed for the various
types of cannabis and hemp businesses in the draft ordinance. The City Council was undecided as it
relates to whether or not to require additional buffering from cannabis and hemp retail businesses,
which are not required for liquor or tobacco stores. The City Council requested additional feedback on
the above topics and the draft ordinance from the Planning Commission and Economic Development
Commission; they also hoped to gain feedback from the public hearing process associated with an
amendment to the zoning ordinance.
The Economic Development Commission (EDC) and the Planning Commission (PC) expressed the
desire to treat cannabis retail businesses identically to liquor stores, with no additional buffers and to
base house of operation based on Minnesota state statute.
Following review by the EDC and PC, staff has updated the draft ordinance with the following
revisions:
Removed the 500-foot buffering requirement around schools and residential treatment facilities.
Added Hemp Retail Business (Low Potency Hemp Edible) retail sales as a permitted use in the
Business Neighborhood (NB) and Industrial Office Park (IOP) zoning districts based on existing
businesses within the IOP that currently sell low-potency hemp edibles.
Added Hemp Manufacturing Businesses as a permitted use in the Central Business District
(CBD) if it's combined with a brewery with taproom, brewpub, or micro-distillery with cocktail
room.
DISCUSSION
RECOMMENDATION
Staff recommends the adoption of the proposed ordinance as written.
ATTACHMENTS
Cannabis Business Regulations Draft Zoning Ordinance
Cannabis License Types
Public Comment via Email
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. XXX
AN ORDINANCE AMENDING CHAPTER 1, CHAPTER 11, AND CHAPTER 20
CHANHASSEN CITY CODE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 1-2 of the City Code, City of Chanhassen, Minnesota, is hereby amended to
include the following definitions:
Adult-Use Cannabis Product: As defined under Minnesota Statutes, section 342.01, subd.
4.
Cannabis: Any species of the genus cannabis plant, or any mixture or preparation of them
including whole plant extracts and resins.
Cannabis Business. A cannabis microbusiness, cannabis mezzobusiness, cannabis
cultivator, cannabis manufacturer, dispensary, cannabis wholesaler, cannabis transporter,
cannabis testing facility, cannabis delivery services, or medical cannabis combination
business licensed, or any use otherwise authorized, under Minnesota Statutes, Chapter 342.
Cannabis Cultivation: A cannabis business licensed for planting, growing, harvesting,
drying, curing, grading, or trimming of cannabis plants, cannabis flower, hemp plants, or
hemp plant parts by a business licensed or authorized to cultivate cannabis or medical
cannabis pursuant to Minnesota Statutes, Chapter 342.
Cannabis Distribution Facility: Any building, structure, vehicle or grounds where the
storage or distribution (including either retail or wholesale distribution) of cannabis is
performed.
Cannabis Delivery Service: A person or entity licensed or otherwise authorized to purchase
cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived
consumer products from licensed cannabis microbusinesses with a retail endorsement,
cannabis mezzobusinesses with a retail endorsement, dispensaries, medical cannabis
dispensaries, and medical cannabis combination businesses; transport and deliver cannabis
flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumable
products to customers; and perform other actions pursuant to Minnesota Statutes, Chapter
342.
Cannabis Laboratory: Any permanent or temporary building or structure; any mobile
structure or vehicle; corporation; or other entity that examines, analyzes or tests samples
of cannabis and is licensed by the State of Minnesota to do so.
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Cannabis Manufacturing or Manufacturer: The process of converting or packaging
harvested cannabis plant material into medical or recreational cannabis.
Cannabis Mezzobusiness: A person or entity licensed to cultivate, manufacture, and sell
products containing cannabis and related supplies and products and perform other actions
authorized under a cannabis mezzobusiness license pursuant to Minnesota Statutes,
Chapter 342.
Cannabis Microbusiness: A person or entity licensed to cultivate, manufacture, and sell
products containing cannabis and related supplies and products and perform other actions
authorized under a cannabis microbusiness license pursuant to Minnesota Statutes, Chapter
342.
Cannabis Retailer: Any person, partnership, firm, corporation, or association, foreign or
domestic, selling cannabis product to a consumer and not for the purpose of resale in any
form.
Cannabis Retail Businesses: A state licensed retail location and the retail location(s) of a
mezzobusinesses with a retail operations endorsement, microbusinesses with a retail
operations endorsement, medical combination businesses operating a retail location,
excluding lower-potency hemp edible retailers, pursuant to Minnesota Statutes, Chapter
342.
Cannabis Testing Facility: A facility licensed to obtain and test immature cannabis plants
and seedlings, cannabis flower, cannabis products, hemp plant parts, hemp concentrate,
artificially derived cannabinoids, lower-potency hemp edibles, and hemp-derived
consumer products from cannabis microbusinesses, cannabis mezzobusinesses, cannabis
cultivators, cannabis manufacturers, cannabis wholesalers, lower-potency hemp edible
manufacturers, medical cannabis cultivators, medical cannabis processors, medical
cannabis combination businesses, and industrial hemp growers pursuant to Minnesota
Statutes, Chapter 342.
Cannabis Transporter: An entity licensed or otherwise authorized to transport immature
cannabis plants and seedlings, cannabis flower, cannabis products, artificially derived
cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, and hemp-
derived consumer products from a cannabis business to a cannabis business pursuant to
Minnesota Statutes, Chapter 342.
Cannabis or Lower-potency Hemp Edible Manufacturing: An entity licensed or
otherwise authorized for the creation of cannabis concentrate and manufacture of
cannabis products and hemp-derived consumer products for public consumption pursuant
to Minnesota Statutes, Chapter 342, an entity licensed or authorized to purchase hemp
and artificially derived cannabinoids to make hemp concentrate; manufacture artificially
derived cannabinoids and hemp edibles for public consumption; package and label lower-
potency hemp edibles for sale to customers; sell hemp concentrate, artificially derived
cannabinoids, and lower-potency hemp edibles to other cannabis businesses and hemp
businesses; and perform other actions pursuant to Minnesota Statutes, Chapter 342, or an
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entity in possession of a medical cannabis processor license pursuant to Minnesota
Statutes, Chapter 342.
Cannabis wholesaler: An entity licensed or authorized to obtain, store, and sell or
otherwise transfer cannabis or hemp seeds, plants, flower, or other products for the purpose
of resale or other transfer to a cannabis business, but not to consumers, pursuant to
Minnesota Statutes, Chapter 342.
Dispensary: An entity in possession of a cannabis retailer license or otherwise authorized
to acquire, possess, transfer, sell, dispense, or distributes products containing cannabis and
related supplies and products pursuant to Minnesota Statutes, Chapter 342.
Lower-Potency Hemp Edible: As defined under Minn. Stat. 342.01 subd. 50.
Lower-potency hemp edible retailer: A person or entity licensed or authorized to acquire,
possess, transfer, sell, dispense, or distribute lower-potency hemp edible products and
related supplies and products pursuant to Minnesota Statutes, Chapter 342.
Medical Cannabis Combination Business: An entity authorized to cultivate, manufacture,
and sell cannabis, hemp, and cannabis and hemp related supplies and products, and perform
other actions authorized under a medical cannabis combination license pursuant to
Minnesota Statutes, Chapter 342.
Office of Cannabis Management: State of Minnesota Office of Cannabis Management, as
may be referred to as “OCM” in reference to this title.
Public Place: A public park or trail, public street or sidewalk; any enclosed, indoor area
used by the general public, including, but not limited to, restaurants; bars; any other food
or liquor establishment; hospitals; nursing homes; auditoriums; arenas; gyms; meeting
rooms; common areas of rental apartment buildings, and other places of public
accommodation.
Preliminary License Approval: OCM pre-approval for a cannabis business license for
applicants who qualify under Minn. Stat. 342.17.
Residential Treatment Facility: As defined under Minn. Stat. 245.462 subd. 23.
Retail Registration: Retail Registration: An approved registration issued by the City or
Carver County to a cannabis retail business.
State License: An approved license issued by the Office of Cannabis Management to a
cannabis retail business.
Section 2. Section 11-7 (a) of the City Code, City of Chanhassen, Minnesota, is hereby amended
in its entirety to read as follows:
Sec 11-7 Public Use Of Cannabis And Hemp In Public Place
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No person shall use cannabis flower, cannabis products, lower potency hemp edibles, or hemp-
derived consumer products in a public place or a place of public accommodation unless the
premises is an establishment or an event licensed to permit on-site consumption of cannabis or
hemp products.
(a) Definitions. The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the context clearly indicates
a different meaning:
Cannabis means any product containing the harvested flower, bud, leaves, or stems of a
plant of the genus Cannabis that has a delta-9 tetrahydrocannabinol concentration of more
than 0.3 percent on a dry weight basis. Cannabis includes adult-use cannabis flower,
medical cannabis flower, and any derivative, concentrate, extract, resin, or other product
made from a cannabis plant.
Hemp means any product containing the harvested flower, bud, leaves, or stems of a plant
of the genus Cannabis that has a delta-9 tetrahydrocannabinol concentration of no more
than 0.3 percent on a dry weight basis. Hemp includes any derivative, concentrate,
extract, resin, or other product made from a hemp plant.
Electronic Device means any product containing or delivering a substance intended for
human consumption through the inhalation of aerosol or vapor from the product.
Electronic delivery device includes but is not limited to, devices manufactured, marketed,
or sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods, tank systems, or under any
other product name or descriptor.
Smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar,
cigarette, pipe, or any other lighted or heated product that is intended for inhalation.
Smoking included using an electronic delivery device.
Public Place means property owned, leased, or controlled by a governmental unit and
private property that is regularly and frequently open to or made available for use by the
public in sufficient numbers to give clear notice of the property's current dedication to
public use. Public Place does not include the following:
1) a private residence including the person’s curtilage or yard;
2) private property not generally accessible by the public, unless the person is
explicitly prohibited from consuming cannabis flower, cannabis products, lower-
potency hemp edibles, or hemp-derived consumer products on the property by the
owner of the property; or
3) the premises of an establishment or event licensed to permit on-site consumption.
b) Prohibited Activity. No person shall smoke cannabis or hemp in a public place.
c) Penalty. Violation of this section shall be a petty misdemeanor.
Section 3. Article 20, Division 20-XXXIII of the Chanhassen City Code is amended to add a
new Section 20-973 to read as follows:
Section 20-973 Reserved
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Section 20-973 Cannabis Business Uses
(a) Purpose
The purpose of this Section is to establish provisions for the opportunity as well as
controls of cannabis business uses within the City.
(b) General Performance Standards.
(1) A cannabis business must be registered in accordance with Chapter 10 of the City
Code to operate within the city.
(2) A cannabis business must provide evidence of a state license issued under
Minnesota Statues, section 342.14 and all applicable state laws and regulations.
(3) All cannabis businesses must be in compliance with the provisions of Chapter 20
of the City Code and all applicable state laws and regulations related to the operation
of the cannabis business.
(4) Advertising
a. The size, number, and location of signs for cannabis businesses must meet
the regulations of the City of Chanhassen’s sign ordinance.
(c) Performance Standards for Cannabis Uses in Commercial Zoning Districts
(1) The cannabis business shall be conducted entirely within a principal structure and
all outside storage is prohibited.
(2) All waste and recycling containers shall be kept within a principle or accessory
building.
(3) Hours of operation: Must operate within the hours specified in Minnesota Statutes,
section 342.27.
(4) Sufficient measures and means of preventing any gas, vapors, odors, smoke,
debris, dust, fluids or other substances from exiting a cannabis business shall be
provided for at all times.
(5) Cannabis or associated products shall not be perceptible from the exterior of the
building in which cultivation occurs.
(6) Security:
a. Burglary alarm systems with audible and police notification components that
are professionally monitored and maintained in good working condition shall
be installed on all doors, windows, and access points.
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b. Surveillance cameras shall be installed and operate twenty-four (24) hours a
day, seven (7) days a week, with thirty (30) day video storage, to monitor all
entrances and trash receptacles, along with the interior and exterior of the
premises shall be required.
c. Exterior lighting shall be required sufficient for observers to see and for
cameras to record, that is either constantly on or activated by motion
detectors.
d. Deadbolt locks shall be installed and utilized on all exterior doors and locks
shall be installed on all other windows or access points.
e. Additional security requirements including, but not limited to, security
guards, fencing, steel doors, and steel window coverings may be required as
determined by city staff.
(d) Performance standards for Cannabis Uses in Industrial Zoning Districts
(1) The cannabis business shall be conducted entirely with a principal structure and
all outside storage is prohibited.
(2) All waste and recycling containers shall be kept within a principle or accessory
building.
(7) Hours of operation: Must operate within the hours specified in Minnesota Statutes,
section 342.27.
(3) All on-site consumption of cannabis (in a microbusiness licensed facility only)
shall be entirely indoors.
(4) Sufficient measures and means of preventing any gas, vapors, odors, smoke,
debris, dust, fluids or other substances from exiting a cannabis business shall be
provided for at all times.
(5) Cannabis, associated products, or cultivation shall not be perceptible from the
exterior of the building in which cultivation occurs.
(6) Security:
a. Burglary alarm systems with audible and police notification components that
are professionally monitored and maintained in good working condition shall
be installed on all doors, windows, and access points.
b. Surveillance cameras are required and must operate twenty-four (24) hours
a day, seven (7) days a week, with thirty (30) day video storage, to monitor
all entrances and trash receptacles, along with the interior and exterior of the
premises.
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c. Exterior lighting shall be required sufficient for observers to see and for
cameras to record, that is either constantly on or activated by motion
detectors.
d. Deadbolt locks shall be installed and utilized on all exterior doors and locks
shall be installed on all other windows or access points.
e. Additional security requirements including, but not limited to, security
guards, fencing, steel doors, and steel window coverings may be required
as determined by city staff.
(7) Vehicles:
a) All vehicles stored on site shall comply with provisions in Chapter 20 of
this title and shall be enclosed in a secured fenced area. No non-business
related vehicles shall be stored on site.
Section 4. Section 20-692 of the City Code (“BN” Neighborhood Business District, Permitted
Uses), City of Chanhassen, Minnesota, is hereby amended to add the following uses alphabetized
accordingly within the Section:
Lower-potency hemp edible retailer meeting performance standards of Chapter 20,
Section 973.
Section 5. Section 20-712 of the City Code (“BH” Highway and Business Servies District,
Permitted Uses), City of Chanhassen, Minnesota, is hereby amended to add the following uses
alphabetized accordingly within the Section:
Cannabis Retailer/Dispensary meeting performance standards of Chapter 20, Section 973.
Cannabis Medical Retailer/Dispensary meeting performance standards of Chapter 20,
Section 973.
Lower-potency hemp edible retailer meeting performance standards of Chapter 20,
Section 973.
Section 6. Section 20-732 of the City Code, (“CBD” Central Business District, Permitted Uses),
City of Chanhassen, Minnesota, is hereby amended to add the follow uses alphabetized
accordingly within the Section:
Cannabis Retailer/Dispensary meeting performance standards of Chapter 20, Section 973.
Cannabis Medical Retailer/Dispensary meeting performance standards of Chapter 20,
Section 973.
Lower-potency hemp edible retailer meeting performance standards of Chapter 20,
Section 973.
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Hemp Manufacturing Business meeting performance standards of Chapter 20, Section
973 and which is associated with a Brewery with taproom, Brewpub, or Micro-distillery
with cocktail room.
Section 7. Section 20-752 of the City Code (“BG” General Business District, Permitted Uses),
City of Chanhassen, Minnesota, is hereby amended to add the following uses alphabetized
accordingly within the Section:
Cannabis Retailer/Dispensary meeting performance standards of Chapter 20, Section 973.
Cannabis Medical Retailer/Dispensary meeting performance standards of Chapter 20,
Section 973.
Lower-potency hemp edible retailer meeting performance standards of Chapter 20,
Section 973.
Section 8. Section 20-812 of the City Code (“IOP” Industrial Office Park, Permitted Uses), City
of Chanhassen, Minnesota, is hereby amended to add the following uses alphabetized
accordingly within the Section:
Cannabis Businesses: cultivator (including medical), manufacturer (including medical
and lower potency Hemp edible), mezzobusiness, testing facility, and wholesaler meeting
the performance standards in Chapter 20, Section 973.
Cannabis Businesses: microbusiness, medical combined transporter and delivery service,
transporter and delivery service meeting the performance standards in Chapter 20,
Section 973.
Lower-potency hemp edible retailer associated with a Brewery or Distillery meeting
performance standards of Chapter 20, Section 973.
Section 9. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this ___day of _____, 2024, by the City Council of the City
of Chanhassen, Minnesota
______________________________ ________________________________
Jenny Potter, City Clerk Elise Ryan, Mayor
(Published in the _________________________ on ______________________________)
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Background Information - State License Types
License Type Definition Fee Schedule
(State License)
Microbusiness Microbusinesses may cultivate cannabis and manufacture
cannabis products and hemp products and package such products
for sale to customers or another licensed cannabis business.
Microbusiness may also operate a single retail location. They can
also have on-site lounges where customers can use cannabis.
Application: $500
Initial License: $0
Renewal: $2,000
Mezzobusiness Mezzobusinesses may cultivate cannabis and manufacture
cannabis products and hemp products and package such products
for sale to customers or another licensed cannabis business.
Mezzobusiness may also operate up to three retail locations. This
license type is available in limited quantities, and licensees will be
selected through a vetted lottery.
Application: $5,000
Initial: $5,000
Renewal: $10,000
Cultivator Cultivators may cultivate cannabis and package such cannabis for
sale to another licensed cannabis business. This license type is
available in limited quantities, and licensees will be selected
through a vetted lottery.
Application: $10,000
Initial: $20,000
Renewal: $30,000
Manufacturer Manufacturers may process raw cannabis plants into various
products, such as edibles, concentrates, wax, oils, and tinctures.
Manufacturers can buy cannabis flowers, cannabis products, and
lower-potency hemp products from other cannabis businesses.
They turn these materials into cannabis products, then package
and sell them to other cannabis businesses. This license type is
available in limited quantities, and licensees will be selected
through a vetted lottery.
Application: $10,000
Initial: $10,000
Renewal: $20,000
Retailer Retailers may sell immature cannabis plants and seedlings,
cannabis, cannabis products, hemp products, and other products
authorized by law to customers and patients. They can buy
cannabis (including plants and seedlings) and lower-potency
hemp products from other cannabis businesses and sell them to
customers. This license type is available in limited quantities, and
licensees will be selected through a vetted lottery. A cannabis
retailer may operate up to five retail locations; however, no
person, cooperative, or business may hold a license to own or
operate more than one cannabis retail business in one city and
three retail businesses in one county.
Application: $2,500
Initial: $2,500
Renewal: $5,000
Wholesaler Wholesalers may purchase and/or sell immature cannabis plants
and seedlings, cannabis, cannabis products, and hemp products
from another licensed cannabis business. Wholesalers may also
import hemp-derived consumer products and lower-potency
hemp edibles.
Application: $5,000
Initial: $5,000
Renewal: $10,000
Transporter Transporters may transport immature cannabis plants and
seedlings, cannabis, cannabis products, and hemp products to
licensed cannabis businesses.
Application: $250
Initial: $500
Renewal: $1,000
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Testing Facility Testing facilities may obtain and test immature cannabis plants and
seedlings, cannabis, cannabis products, and hemp products from
licensed cannabis manufacturer and cultivator businesses to test.
They ensure these products meet safety standards.
Application: $5,000
Initial: $5,000
Renewal: $10,000
Event Organizer Cannabis event organizers plan and host events featuring cannabis,
and may allow for the sale of cannabis, cannabis products, and
lower-potency hemp products to consumers at events like festivals
(an event cannot last more than four days). An event organizer
must receive local approval, including obtaining any necessary
permits or licenses issued by a local unit of government. On-site
consumption is allowed if approved by local government, in an
access-restricted area not visible to the public and where smoking
is not otherwise prohibited.
Application: $750
Initial: $750
Delivery Service Delivery services may purchase cannabis, cannabis products, and
hemp products from retailers or cannabis business with retail
endorsements for transport and delivery directly to customers.
Application: $250
Initial: $500
Renewal: $1,000
Medical
Cannabis
Combination
Business
Medical cannabis combination businesses may cultivate cannabis
and manufacture cannabis and hemp products, and package such
products for sale to customers, patients, or another licensed
cannabis business. Medical cannabis combination businesses may
operate up to one retail location in each congressional district.
Application: $10,000
Initial: $20,000
Renewal: $70,000
LPHE
Manufacturer
Lower-potency hemp edible manufacturers may manufacture and
package lower-potency hemp edibles for consumer sale, and sell
hemp concentrate and lower-potency hemp edibles to other
cannabis and hemp businesses. This license type cannot hold any
cannabis business licenses. Sale of a product designed to be
consumed on-site requires an on-sale (liquor) license.
Application: $250
Initial: $1,000
Renewal: $1,000
LPHE Retailer Lower-potency hemp edible retailers may sell lower-potency hemp
edibles to customers. This license type cannot hold any cannabis
business licenses. Sale of a product designed to be consumed on-
site requires an on-sale (liquor) license.
Application: $250
Initial: $250
Renewal: $250
(Per retail location)
*Note that the local registration fee is limited to a maximum of half of the state fee, and not all
businesses have to register.
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From: Emily email redacted
Sent: Friday, November 8, 2024 10:49 AM
To: DL Public Comments <publiccomments@chanhassenmn.gov>
Subject: Public Comment - Cannabis Ordinance Discussion - Nov 12, 2024
Hello,
I have a public comment for the Cannabis Ordinance Discussion on November 12, 2024
Economic Development Forum meeting.
I think the currently proposed ordinance proposes a potential buffer of 500 feet from
schools and residential treatment facilities. I ask the commission / council to consider
adding that buffer to playgrounds / parks and daycare facilities as well.
Thank you for considering.
Emily Nagel
7603 Iroquois
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Planning Commission Item
December 3, 2024
Item Approve Planning Commission Meeting Minutes dated November 4, 2024
File No.Item No: D.1
Agenda Section APPROVAL OF MINUTES
Prepared By Amy Weidman, Senior Admin Support Specialist
Applicant
Present Zoning
Land Use
Acerage
Density
Applicable
Regulations
SUGGESTED ACTION
"The Chanhassen Planning Commission approves its November 4, 2024 meeting minutes"
SUMMARY
BACKGROUND
DISCUSSION
RECOMMENDATION
16
ATTACHMENTS
Planning Commission Meeting Minutes dated November 4, 2024
17
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
MINUTES
NOVEMBER 4, 2024
CALL TO ORDER:
Vice Chair Steve Jobe called the meeting to order at 6:00 p.m.
MEMBERS PRESENT: Steve Jobe, Edward Goff, Jeremy Rosengren, Perry Schwartz, Ryan
Soller, Katie Trevena
MEMBERS ABSENT: Chair Eric Noyes.
STAFF PRESENT: Rachel Arsenault, Associate Planner.
PUBLIC PRESENT:
Chris Campbell 6261 Galpin Boulevard
PUBLIC HEARINGS:
1. CONSIDER A VARIANCE TO ALLOW AN ADDITION TO A SINGLE-FAMILY
HOME THAT WOULD ENCROACH INTO THE BLUFF AND REQUIRED BLUFF
SETBACK AT 6261 GALPIN BOULEVARD.
Rachel Arsenault, Associate Planner, reviewed the variance request for 6261 Galpin Boulevard.
She presented the background about the bluff on the property and noted that three trees would be
impacted on the property. She reviewed the zoning code on the property and how it impacted the
request. She summarized the proposed addition to the house and explained the staff feedback.
Commissioner Schwartz asked if the property had city services, such as water and sewer. Ms.
Arsenault answered that the property had city services.
Commissioner Goff asked if it was okay to build into the bluff, but it was a small triangle into
the bluff setback. Ms. Arsenault answered that the request was to build within the bluff setback
and the bluff. The variance is a two-fold request.
Commissioner Soller clarified that there were no comments from neighbors about the project.
Ms. Arsenault stated that there had not been any feedback from neighbors.
Vice Chair Jobe opened the public hearing.
Chris Campbell, 6261 Galpin Boulevard, explained how they are trying to restore the property.
They explored ways to construct a garage with the architect and this was the only option.
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Planning Commission Minutes – November 4, 2024
2
Vice Chair Jobe closed the public hearing.
Commissioner Schwartz voiced appreciation for the applicant to attend the meeting. He asked if
the lot was empty today, a house would not be constructed on the property because of the code.
Ms. Arsenault answered that she was not sure about the ordinance code in 1986, but a variance to
an existing house was a reasonable request.
Commissioner Schwartz asked if the house was on the wetland. Ms. Arsenault responded that the
house was on the bluff and bluff setback. A small portion of the driveway is in the wetland
buffer and setbacks.
Commissioner Trevena asked about stormwater impact. Ms. Arsenault answered that multiple
departments reviewed the request for this and added additional conditions to make sure there
were protective measures while constructing the addition.
Commissioner Soller moved, Commissioner Schwartz seconded that the Chanhassen Board
of Appeals and Adjustments, approve the requested encroachment into the bluff and
required setback subject to the conditions of approval and adopts the attached Findings of
Facts and Decision. All voted in favor and the motion carried unanimously with a vote of 6
to 0.
GENERAL BUSINESS: None.
APPROVAL OF MINUTES:
1. APPROVAL OF PLANNING COMMISSION MINUTES DATED SEPTEMBER 17,
2024
Commissioner Goff moved, Commissioner Trevena seconded to approve the Chanhassen
Planning Commission summary minutes dated September 17, 2024 as presented. All voted
in favor, and the motion carried unanimously with a vote of 6 to 0.
COMMISSION PRESENTATIONS: None.
ADMINISTRATIVE PRESENTATIONS: None.
CORRESPONDENCE DISCUSSION:
Ms. Arsenault shared a discussion of the cannabis regulations from State and County in a general
business format is scheduled for the next meeting.
OPEN DISCUSSION:
Commissioner Schwartz asked if Ms. Arsenault had an update on the City Civic Campus project.
Ms. Arsenault answered that they were starting to look at furnishings and should be on track for
July 2025 to the extent of her knowledge.
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Planning Commission Minutes – November 4, 2024
3
ADJOURNMENT:
Commissioner Trevena moved, Commissioner Schwartz seconded to adjourn the meeting.
All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Planning
Commission meeting was adjourned at 6:15 p.m.
Submitted by Eric Maass
Community Development Director
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Planning Commission Item
December 3, 2024
Item Approve Planning Commission Work Session Meeting Minutes dated
November 19, 2024
File No.Item No: D.2
Agenda Section APPROVAL OF MINUTES
Prepared By Amy Weidman, Senior Admin Support Specialist
Applicant
Present Zoning
Land Use
Acerage
Density
Applicable
Regulations
SUGGESTED ACTION
"The Chanhassen Planning Commission approves its November 19, 2024 Work Session meeting
minutes"
SUMMARY
BACKGROUND
DISCUSSION
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RECOMMENDATION
ATTACHMENTS
Planning Commission Work Session Meeting Minutes dated November 19, 2024
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CHANHASEN PLANNING COMISSION
WORK SESSION
MINUTES
November 19, 2024
The work session was called to order at 6:00 p.m.
COUNCIL MEMBERS PRESENT: Commissioner Steve Jobe, Commissioner Ed Goff, Chair Eric
Noyes, Commissioner Ryan Soller, and Commissioner Katie Trevena
COUNCIL MEMBERS ABSENT: Commissioner Jeremy Rosengren, Commissioner Perry
Schwartz
STAFF PRESENT: Eric Maass, Community Development Director; Rachel Arsenault, Associate
Planner; Rachel Jeske, Planner
Cannabis Code Discussion
• Eric Maass, Community Development Director, introduced topic, scope, and when the
commission could expect to see this topic in public hearing.
• Mr. Maass reviewed the scope of the ordinances, licensing delegation, and zoning
authority.
• The Commissioners discussed the caps number of licenses, and the minimum number
required.
• Chair Noyes asked about the difference between cannabis retail registrations and low
potency hemp edibles. Would like to ensure this is clear for the public in the presentation
as well.
• Rachel Jeske, Planner, clarified the types of products that would be sold in each license
category.
• The Commissioners asked questions regarding specific business and how they could
expand or be potentially hindered in their current activity.
• Commissioner Soller commented on the market race for licenses that could occur and
how that would affect current businesses.
• Miss Jeske clarified the race for licenses that could occur would only be for cannabis
retail, not for low potency that we see sold now. Therefore, some business could
potentially keep operating as they are today.
• The Commissioners requested that staff addresses the existing consumption ordinance at
Public Hearing.
• Mr. Maass presented on licensing: events, industrial, retail, and delivery.
PUBLIC PRESENT: None
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• Mr. Maass presented the proposed zoning.
• Commissioner Jobe asked if the buffers on the zoning map should be discussed at this
point in the presentation and expressed interested in keeping the regulations the same as
alcohol.
• The commissioners had a general consensus that cannabis should be treated the same as
alcohol.
• Chair Noyes asked if any of the ordinances being discussed affected smoking areas or use
areas.
• Miss Jeske answered that all regulations related to use are already in place by the state.
• Commissioner Soller asked if Chanhassen had any residential treatment facilities.
• Miss Jeske responded there are none in Chanhassen that meet the state definition.
• Mr. Maass presented on industrial use, event permitting, and highlighted main points of
feedback staff would like from the commission.
• Commissioner Goff asked clarifying questions on which types of business would be
regulated by the caps on licenses.
• Mr. Maass responded and then continued to address restrictions on hours of operation.
• All commissioners were interested in mimicking state statute for hours.
• The commissioners asked clarifying questions about on-sale versus off-sale.
• Mr. Maass summarized the main points from the meeting.
The meeting was adjourned at 7:24 p.m.
Prepared by Rachel Arsenault, Associate Planner, and Rachel Jeske, Planner
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Planning Commission Item
December 3, 2024
Item
Discuss Ordinance XXX: Amending Conditional Uses in the Agricultural Estate
and Rural Residential zoning districts to remove group homes serving seven to
16 persons as a conditional use in those zoning districts, as well as removing
City Code Section 20-261.
File No.Item No: F.1
Agenda Section ADMINISTRATIVE PRESENTATIONS
Prepared By Eric Maass, Community Development Director
Applicant
Present Zoning
Land Use
Acerage
Density
Applicable
Regulations
SUGGESTED ACTION
No action suggested, general discussion only.
SUMMARY
The City Council reviewed the city's new regulation of group homes allowed through conditional uses
and determined upon further consideration that while group homes serve an important purpose in the
community, homes serving more than 6 persons are not something that the city is currently prepared to
regulate through a Conditional Use Permit (CUP) process. For that reason, staff has begun the process
to amend the City Code to remove this use from the RR and A-2 zoning districts, as well as the
applicable performance standards associated with such a CUP.
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The Planning Commission will hold a public hearing on the proposed ordinance amendment at its
meeting on January 7th, 2025.
BACKGROUND
DISCUSSION
RECOMMENDATION
No recommendation given or requested with this item. This item will be for discussion purposes only.
ATTACHMENTS
Draft Ordinance - Rural Residential and Agricultural Estate Conditional Uses
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. XXX
AN ORDINANCE AMENDING CHAPTER 20
CHANHASSEN CITY CODE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 20-574 of the City Code, City of Chanhassen, Minnesota, is hereby amended
as follows:
Sec 20-574 Conditional Uses
The following are conditional uses in an "A-2" District:
1. Reserved.
2. Reserved.
3. Reserved.
4.1.Cemetery.
5. Reserved.
6. Reserved.
7. Reserved.
8. Reserved.
9.2.Electrical distribution and underground electric distribution substations.
10. Reserved.
11.3. Churches.
12.4. Recreational beach lots.
13.5. Group homes for seven to 16 persons.
14.5. Golf courses.
15.6. Towers as regulated by article XXX of this chapter.
Section 2. Section 20-594 of the City Code, City of Chanhassen, Minnesota, is hereby amended
as follows:
Sec 20-594 Conditional Uses
The following are conditional uses in an "RR" District:
1. Churches.
2. Group homes for seven to 16 persons.
3.2.Private stables.
4.3.Recreational beach lots.
5.4.Towers as regulated by article XXX of this chapter.
Section 3. Section 20-261 of the City Code, City of Chanhassen, Minnesota, is hereby amended
as follows:
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Sec 20-261 Group Homes Reserved
The following applies to group homes for seven to 16 persons.
1. The structure must be in compliance with the state licensing requirement.
2. The structure must be in compliance with local building and fire codes.
3. The site will be reviewed annually through a public hearing process.
4. Septic systems must be in compliance with chapter 19, article IV.
Section 4. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this ___day of _____, 2025, by the City Council of the City
of Chanhassen, Minnesota
______________________________ ________________________________
Jenny Potter, City Clerk Elise Ryan, Mayor
(Published in the _________________________ on ______________________________)
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