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Planning Commission Regular Meeting Minutes February 22, 2016 Page 2 Chairperson Gondorchin opened the public hearing at 7:05 p.m. 1 2 City Planner Rothstein reviewed following the legalization of medical cannabis by the State of 3 Minnesota, the City of St. Anthony Village enacted a moratorium on February 24, 2015 4 prohibiting medical cannabis manufacturers and cannabis facilities within the city. The interim 5 ordinance directed the city to conduct a detailed study investigating the necessity of a Zoning 6 Code update and any prerequisites or considerations prior to an amendment of the City Code 7 regulating medical cannabis manufacturers and facilities. 8 9 The City’s completed study includes a review of the Minnesota state statute that prompted this 10 investigation as well as an overview of Federal cannabis law. Following an analysis of medical 11 cannabis within the context of existing City Zoning Code and the finding that significant land 12 uses within St. Anthony would be sensitive to medical cannabis manufacturing or dispensary as 13 well as the potential for emergent public safety concerns, the study recommends prohibiting all 14 cannabis facilities in the City. The full text of the study is included with the report. 15 16 A draft resolution would implement the recommendation of this study, amending the City’s 17 Zoning Code to reflect the findings and prohibit medical cannabis manufacture and facilities in 18 St. Anthony Village. 19 20 As proposed, the resolution would specifically do the following: 21 • Include a specific designation for Cannabis Facility (Marijuana Dispensary) as “an 22 establishment or business which cultivates, acquires, manufactures, possesses, prepares, 23 transfers, transports, supplies, or dispenses medical cannabis or any related supplies in 24 accordance with Minnesota Statutes.” (§152.008) 25 • Prohibit Cannabis Facilities in all zoning districts (§152.188) 26 • Include the provision clarifying that the revised Code does not preclude doctors from 27 writing legal cannabis prescriptions or patients from exercising their legal right to possess 28 or administer medical marijuana as per the law. 29 30 Staff recommends approval of the resolution amending Sections 152.008 and 152.188 of City 31 Code to prohibit medical cannabis facilities in all City districts. 32 33 Commissioner Lichty stated there is a sensitive land use within 1000 feet of any potential 34 location for a cannabis facility. He stated this is a reasonable buffer. 35 36 Commissioner Papatola stated he did some additional reading on this and stated in in different 37 states there are buffers of 250 – 1000 feet. He stated the study includes schools, daycares, 38 playgrounds, places of worship, etc. Commissioner Papatola asked if the interim ordinance came 39 before the Planning Commission. City Planner Rothstein stated she does not know the answer 40 but knows that it did not have to. 41 42 Commissioner Papatola asked why it is coming before the Planning Commission at this time and 43 City Planner Rothstein stated the proposal is located in the Zoning Code and the Planning 44 Commission should be the recommendation body. It is customary to hold the public hearing at 45 the Planning Commission. Commissioner Papatola stated there are some portions of the City 46 2