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HomeMy WebLinkAboutPL PACKET 02222016 Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure. Call to Order. Pledge of Allegiance. Roll Call. Consideration, discussion, and possible action on all of the following items: I. Approval of the February 22, 2016 Planning Commission Meeting Agenda. (action requested) II. Approval of the January 25, 2016 Regular Planning Commission Meeting Minutes. (pp.1-3) III. Public Hearing. A. Consider an Amendment of Chapter 152 adding the Regulation of Medical Cannabis Manufacturers and Cannabis Facilities. (pp.5-31) IV. Staff Reports. V. Other Business. VI. Community Forum. Individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk’s record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. VII. Information and Announcements. VIII. Adjournment. CITY OF SAINT ANTHONY VILLAGE PLANNING COMMISSION MEETING AGENDA FEBRUARY 22, 2016 COUNCIL CHAMBERS 7:00 PM CITY OF ST. ANTHONY 1 PLANNING COMMISSION MEETING 2 3 JANUARY 25, 2016 4 7:00 p.m. 5 6 CALL TO ORDER. 7 8 Chairperson Gondorchin called the meeting to order at 7:00 p.m. 9 10 PLEDGE OF ALLEGIANCE. 11 12 Chairperson Gondorchin invited the Commission and the audience to join her in the Pledge of 13 Allegiance. 14 15 ROLL CALL. 16 17 Commissioners Present: Chairperson Gondorchin, Commissioners Bartel, Foster, Kalar, Lichty, 18 Papatola, and Westrick 19 20 Absent: None. 21 22 Also Present: City Planner Breanne Rothstein 23 24 25 I. APPROVAL OF THE JANUARY 25, 2016, PLANNING COMMISSION MEETING 26 AGENDA. 27 28 Motion by Commissioner Foster, seconded by Commissioner Bartel, to approve the January 25, 29 2016, Planning Commission agenda. 30 31 Motion carried 7-0. 32 33 II. APPROVAL OF THE NOVEMBER 23, 2015, REGULAR PLANNING COMMISSION 34 MEETING MINUTES. 35 36 Motion by Commissioner Papatola, seconded by Commissioner Foster, to approve the November 37 23, 2015, Regular Planning Commission Meeting Minutes as presented. 38 39 Motion carried 7-0 40 41 Chairperson Gondorchin stated he will attend the City Council Meeting on January 26, 2016. 42 43 III. PUBLIC HEARING. 44 45 A. Consider a request for a 1.5 foot variance to build a new garage closer to the 46 property line than currently exists at 2841 Coolidge Street 47 48 Chairperson Gondorchin opened the public hearing at 7:02 p.m. 49 1 Planning Commission Regular Meeting Minutes January 25, 2016 Page 2 1 City Planner Rothstein reviewed the City Code requires a side yard setback of 5 feet. The 2 applicant requests a variance to construct an addition to the garage, which would encroach 3.2 3 feet into the required side yard setback to result in a side yard depth of 1.8 feet. The address is 4 2841 Coolidge Street NE and the applicants are Jason and Lisa Johnson. The applicant’s request 5 for a variance from the side yard setback to allow for the construction of the garage addition is 6 reasonable, per the findings listed in City Code. All variance criteria has been met. Therefore, 7 staff recommends approval of the variance to encroach into the side yard setback. 8 9 Commissioner Foster asked Mr. Johnson if he has discussed this with the neighbors. Mr. Johnson 10 stated he has not spoken with her directly but the neighbor behind stated he spoke with her and 11 she did not have an issue with the request. 12 13 Commissioner Bartel asked how close the neighbor was to the property line and Ms. Rothstein 14 stated it is approximately 5 feet. 15 16 Commissioner Papatola asked if there is a fence between the property on the encroaching side 17 and Ms. Rothstein stated there is a fence. Commissioner Papatola noted it is a tandem garage and 18 Ms. Rothstein stated they are adding a tandem garage. Commissioner Papatola asked if the 19 existing garage would be torn down and Ms. Rothstein stated she believes so. 20 21 Chairperson Gondorchin asked which Council meeting this would be reviewed at and Ms. 22 Rothstein stated it will be the first meeting in February. Chairperson Gondorchin asked if there 23 was any concern about water drainage and Ms. Rothstein stated no problems are anticipated. 24 25 Chairperson Gondorchin closed the public hearing at 7:11 p.m. 26 27 Motion by Commissioner Papatola, seconded by Commissioner Lichty, to recommend the City 28 Council approve Resolution approving a variance from the required yard setback in order to 29 construct a larger garage at the property located at 2841 Coolidge Street. 30 31 Motion carried 7-0 32 33 This recommendation will go to the City Council for approval on February 9, 2016. 34 35 IV. STAFF REPORTS 36 37 City Planner Rothstein stated next month the Planning Commission will begin reviewing the 38 Comprehensive Plan and the Planning Commission will act as the Steering Committee along 39 with two Councilmembers. The meeting will be held at the Regular Planning Commission 40 meeting at 7:00 p.m. 41 42 V. OTHER BUSINESS - NONE 43 44 VI. COMMUNITY FORUM - NONE 45 46 2 Planning Commission Regular Meeting Minutes January 25, 2016 Page 3 VII. INFORMATION AND ANNOUNCEMENTS 1 2 A. Welcome to three New Commissioners 3 4 Chairperson Gondorchin welcomed Commissioners Westrick, Lichty and Kalar. 5 6 VIII. ADJOURNMENT. 7 8 Motion by Commissioner Papatola, seconded by Commissioner Lichty, to adjourn the meeting at 9 7:15 p.m. 10 Motion carried 7-0 11 12 Respectfully submitted, 13 Debbie Wolfe (TimeSaver Off Site Secretarial, Inc.) 14 3 THIS PAGE LEFT INTENTIONALLY BLANK 4 MEMORANDUM To: Planning Commission From: Breanne Rothstein, AICP, City Planner Date: February 22, 2016 Planning Commission Meeting WSB Project No. 02170-250 Request: Consider Resolution to Amend Sections 152.008 and 152.188 of City Code Pertaining to Medical Cannabis facilities OVERVIEW Following the legalization of medical cannabis by the State of Minnesota, the City of St. Anthony Village enacted a moratorium (“interim ordinance”) on February 24, 2015 prohibiting medical cannabis manufacturers and cannabis facilities within the city. The interim ordinance directed the city to conduct a detailed study investigating the necessity of a Zoning Code update and any prerequisites or considerations prior to an amendment of the City Code regulating medical cannabis manufacturers and facilities. The City’s completed study includes a review of the Minnesota state statute that prompted this investigation as well as an overview of Federal cannabis law. Following an analysis of medical cannabis within the context of existing City Zoning Code and the finding that significant land uses within St. Anthony would be sensitive to medical cannabis manufacturing or dispensary as well as the potential for emergent public safety concerns, the study recommends prohibiting all cannabis facilities in the City. The full text of the study is included with this report. A draft resolution would implement the recommendation of this study, amending the City’s Zoning Code to reflect the findings and prohibit medical cannabis manufacture and facilities in St. Anthony Village. SUMMARY OF AMENDMENTS As proposed, the resolution would specifically do the following: • Include a specific designation for Cannabis Facility (Marijuana Dispensary) as “an establishment or business which cultivates, acquires, manufactures, possesses, prepares, transfers, transports, supplies, or dispenses medical cannabis or any related supplies in accordance with Minnesota Statutes.”( § 152.008) • Prohibit Cannabis Facilities in all zoning districts (§ 152.188) • Include the provision clarifying that the revised Code does not preclude doctors from writing legal cannabis prescriptions or patients from exercising their legal right to possess or administer medical marijuana as per the law. 5 Page 2 Planning Commission February 22, 2015 RECOMMENDED ACTION Staff recommends approval of the enclosed resolution amending Sections 152.008 and 152.188 of City Code to prohibit medical cannabis facilities in all City districts. 6 SUBJECT TO REVIEW AND REVISIONS CITY OF SAINT ANTHONY VILLAGE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. _____________ A RESOLUTION ACCEPTING FINDINGS FROM A STUDY FOR THE PURPOSE OF CONSIDERING AMENDMENTS TO THE CITY ZONING CODE REGARDING THE REGULATION OF MEDICAL CANNABIS MANUFACTURERS AND CANNABIS FACILITIES AND ADOPTING A TEXT AMENDMENT TO THE ZONING CODE TO IMPLEMENT OPTION 3 OUTLINED IN SAID STUDY WHEREAS, the 2014 Minnesota Session Laws Chapter 311, §§ 1-22, codified at Minnesota Statutes § 152.22-37, legalized and established regulations for medical cannabis and medical cannabis manufacturers; WHEREAS, the City of St. Anthony Village Zoning Code does not regulate medical cannabis business and establishments; WHEREAS, the City Council adopted an interim ordinance prohibiting medical cannabis manufacturers and cannabis facilities on February 24, 2015; WHEREAS, the interim ordinance authorized a study regarding the regulation of medical cannabis manufacturers and cannabis facilities; WHEREAS, the study regarding the regulation of medical cannabis manufacturers and cannabis facilities titled A Study for the Purpose of Considering Amendments to the City Zoning Code Regarding the Regulation of Medical Cannabis Manufacturers and Cannabis Facilities (the “Study”) has been completed and has been made available to the public and the City’s Planning Commission; WHEREAS, the Study identified the potential for sensitive uses, including residential areas, day care centers, schools, and parks, to be negatively impacted by cannabis facilities; WHEREAS, the Study evaluated land use controls that would allow the development of cannabis facilities while protecting sensitive uses; WHEREAS, the Study determined that the land use controls would be incapable of protecting sensitive uses while still allowing cannabis facilities due to the unique characteristics of the City of St. Anthony Village; WHEREAS, the Study recommended pursuing Option 3 – Prohibiting All Cannabis Facilities in the City in order to protect the health, safety, and general welfare of the City of St. Anthony and its people; WHEREAS, the Planning Commission reviewed and considered the Study and a text amendment to the City of St. Anthony Village Zoning Code adopting Option 3 on [DATE]; NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony Village accepts the findings and recommendations documented in the Study. 7 NOW THEREFORE BE IT FURTHER RESOLVED that the City Council of the City of St. Anthony Village adopts the following text amendment to the City of St. Anthony Village Zoning Code to implement Option 3 in the Study: § 152.008 Cannabis Facility (aka Marijuana Dispensary). An establishment or business which cultivates, acquires, manufactures, possesses, prepares, transfers, transports, supplies, or dispenses medical cannabis or any related supplies in accordance with Minnesota Statutes § 152.22. § 152.188 Cannabis Facilities (aka Marijuana Dispensary) (A) Cannabis Facilities are prohibited in all districts. (B) The prohibition on Cannabis Facilities shall not be construed to prohibit any health care practitioner from writing a prescription for medical cannabis or any patient or registered designated caregiver from possessing and administering medical cannabis in compliance with the law. Passed in regular session of the City Council on the ___ day of _________ 2016. CITY OF SAINT ANTHONY VILLAGE By:_________________________________ Jerome O. Faust, Mayor ATTEST: By:_________________________________ Nicole Miller, City Clerk 8 1 STUDY OF MEDICAL CANNABIS MANUFACTURERS AND CANNABIS FACILITIES CITY OF SAINT ANTHONY VILLAGE A STUDY FOR THE PURPOSE OF CONSIDERING AMENDMENTS TO THE CITY ZONING CODE REGARDING THE REGULATION OF MEDICAL CANNABIS MANUFACTURERS AND CANNABIS FACILITIES Conducted By THE CITY STAFF OF THE CITY OF SAINT ANTHONY VILLAGE, MINNESOTA January 2015 9 2 STUDY OF MEDICAL CANNABIS MANUFACTURERS AND CANNABIS FACILITIES CITY OF SAINT ANTHONY VILLAGE TABLE OF CONTENTS 1.0 EXECUTIVE SUMMARY .................................................................................................3 2.0 BACKGROUND INFORMATION ....................................................................................3 2.1 Recent Change in the Legal Status of Medical Cannabis Under Minnesota Law ..........................................................................................................................4 2.2 Federal Law .............................................................................................................7 2.3 Interim Ordinance (Moratorium) and Resolution Adopting Study..........................7 3.0 PURPOSE OF STUDY........................................................................................................8 4.0 ANALYSIS OF CITY OF SAINT ANTHONY VILLAGE ZONING CODE ...................9 4.1 Status of Cannabis in the City Code ........................................................................9 4.2 City of Saint Anthony Village Zoning Code: Intent, Purpose, and Interpretation ............................................................................................................9 4.3 Zoning Districts .....................................................................................................10 4.4 Interpretation of Medical Cannabis under the City’s Zoning Districts ..................12 5.0 IMPACT OF MEDICAL CANNABIS ..............................................................................14 5.1 Land Uses Sensitive to Medical Cannabis .............................................................14 5.2 Land Use Controls to Protect Sensitive Uses ........................................................14 5.3 Sensitive Land Uses in St. Anthony ......................................................................14 5.4 Public Safety ..........................................................................................................15 6.0 OPTIONS FOR MEDICAL CANNABIS .........................................................................17 6.1 No Action ...............................................................................................................17 6.2 Restricting Cannabis Facilities to LI District Subject to a Buffer .........................17 6.3 Prohibiting All Cannabis Facilities in the City ......................................................18 7.0 CONCLUSION ..................................................................................................................18 10 3 STUDY OF MEDICAL CANNABIS MANUFACTURERS AND CANNABIS FACILITIES CITY OF SAINT ANTHONY VILLAGE 1.0 EXECUTIVE SUMMARY Following the legalization of medical cannabis by the State of Minnesota, the City of Saint Anthony Village, Minnesota (the “City”) enacted Ordinance 2015-02; Interim Ordinance Prohibiting Medical Cannabis Manufacturers and Cannabis Facilities on February 24, 2015 (the “Interim Ordinance”) that imposed an interim moratorium on medical cannabis manufacturers and cannabis facilities within the City and directed City staff to prepare an in-depth study evaluating the need to revise the City Code to regulate Medical Cannabis Manufacturers and Cannabis Facilities. The goals of the Study are as follows: • Determine the status of medical cannabis under the City Code; • Determine the status of medical cannabis manufacturers and facilities under the City’s Zoning Code; • Determine whether the Zoning Code’s application to medical cannabis manufacturers and facilities is consistent with the City’s intent in planning for property use within its zoning districts; • Evaluate the challenges involved with regulating medical cannabis manufacturers and facilities; • Ensure that, if amended, the Zoning Code is improved in regards to consistency and clarity with respect to medical cannabis manufacturers; and • Ensure that the Zoning Code is consistent with state law pertaining to medical cannabis. To increase clarity and consistency within the Zoning Code following the legalization of medical cannabis, the City Council should consider amending the Zoning Code. The City should do so in a manner that conforms to the original intent of the City’s zoning plan. This Study describes three potential options for the City in amending its Zoning Code: • Option 1. Take no action. • Option 2. Adopt amendments to the Zoning Code to make cannabis facilities a permitted conditional use limited to the LI District. • Option 3. Adopt an amendment to the Zoning Code prohibiting cannabis facilities in the City. Overall, Option #3 represents the best course of action for the City. The complete Study, including the basis for this final recommendation, follows in the sections below. 2.0 BACKGROUND INFORMATION Prior to analyzing whether the Zoning Code should be amended, it is first important to understand the context within which this Study operates. This Study therefore provides background information regarding the legalization of medical cannabis in the State of Minnesota. 11 4 STUDY OF MEDICAL CANNABIS MANUFACTURERS AND CANNABIS FACILITIES CITY OF SAINT ANTHONY VILLAGE 2.1 Recent Change in the Legal Status of Medical Cannabis Under Minnesota Law According to the Minnesota House of Representatives Research Department report Minnesota’s Medical Cannabis Therapeutic Research Act (the “MCTRA”), dated July 2015:1 In May 2014, the Medical Cannabis Therapeutic Research Act was passed by the Minnesota Legislature and signed into law by Gov. Mark Dayton. The law establishes a patient registry program, administered by the Minnesota Department of Health (MDH), which allows qualifying patients to use and possess cannabis for medical use. The law allows for two manufacturers to be registered in the state. Each manufacturer will have one manufacturing facility and four distribution sites throughout the state. The manufacturers may only distribute medical cannabis in pill or liquid form, and patients may only possess medical cannabis in those limited forms. Qualifying medical conditions include: 1. Cancer 2. Glaucoma 3. HIV/AIDS 4. Tourette’s 5. ALS 6. Seizures 7. Severe and persistent muscle spasms 8. Crohn’s disease 9. Terminal illness with life expectancy of under one year 10. Any other condition or its treatment approved by the commissioner (subject to legislative overview) . . . Manufacturers Registration On December 1, 2014, MDH registered two medical cannabis manufacturers that are subject to re-registration every two years. As a condition of initial registration, each manufacturer agreed to begin distribution of medical cannabis to patients by July 1, 2015, and comply with other requirements under the law. MDH was required to consider the following factors when determining which manufacturers to register: • Technical expertise in cultivation and conversion into allowable forms of medical cannabis 1 Available at http://www.house.leg.state.mn.us/hrd/pubs/MCTRA.pdf 12 5 STUDY OF MEDICAL CANNABIS MANUFACTURERS AND CANNABIS FACILITIES CITY OF SAINT ANTHONY VILLAGE • The qualifications of the manufacturer’s employees • The long-term financial stability of the manufacturer • The ability to provide appropriate security measures on the premises of the manufacturer • Whether the manufacturer has demonstrated an ability to meet the medical cannabis production needs required by the registry program • The manufacturer’s projection and ongoing assessment of fees on patients Regulation . . . Location of facilities Each manufacturer will have four distribution facilities and one production facility (the production facility may be at the same location as a distribution facility). The distribution facilities must be located throughout the state based on geographical need in order to improve patient access. No facility may be within 1,000 feet of a school, public or private, that was in existence prior to the manufacturer’s registration with MDH. Security Manufacturers must have certain security measures on all distribution sites as well as the production site. These security measures include: • a fully operational security alarm system; • facility access control; • perimeter intrusion detection systems; and • a personnel identification system. . . . Distribution What may be distributed A manufacturer may only distribute medical cannabis as a pill or liquid. The manufacturers are allowed, but not required, to distribute medical cannabis products, such as delivery devices and educational material. All medical cannabis must be assigned a tracking number and be in packaging that complies with the United States Poison Prevention Packing Act. All medical cannabis must also be labeled with the following information: • All active ingredients • Individually identifying information, including: ° the patient’s name and date of birth 13 6 STUDY OF MEDICAL CANNABIS MANUFACTURERS AND CANNABIS FACILITIES CITY OF SAINT ANTHONY VILLAGE ° if applicable, the name and date of birth of the patient’s registered designated caregiver or parent or legal guardian ° the patient’s registry identification number ° the chemical composition ° the dosage Who may distribute the medical cannabis? Only employees of the manufacturer who are licensed pharmacists in Minnesota may distribute medical cannabis. Distribution by the pharmacist may only occur after the pharmacist has consulted with the patient to determine the proper dosage and range of chemical compositions for that individual patient. The MCTRA defined certain key terms. Where referenced, the following terms have the meaning provided in the MCTRA: Medical Cannabis is defined in Minnesota Statute § 152.22, Subd. 6: (a) “Medical cannabis” means any species of the genus cannabis plant, or any mixture or preparation of them, including whole plant extracts and resins, and is delivered in the form of: 1. liquid, including, but not limited to, oil; 2. pill; 3. vaporized delivery method with use of liquid or oil but which does not require the use of dried leaves or plant form; or 4. any other method, excluding smoking, approved by the commissioner. 5. This definition includes any part of the genus cannabis plant prior to being processed into a form allowed under paragraph (a), that is possessed by a person while that person is engaged in employment duties necessary to carry out a requirement under sections 152.22 to 152.37 for a registered manufacturer or a laboratory under contract with a registered manufacturer. Medical Cannabis Manufacturer as defined in Minnesota Statute § 152.22, Subd. 7: “Medical cannabis manufacturer" or “manufacturer” means an entity registered by the commissioner to cultivate, acquire, manufacture, possess, prepare, transfer, transport, supply, or dispense medical cannabis, delivery devices, or related supplies and educational materials. Patient as defined in Minnesota Statute § 152.22, Subd. 9: “Patient” means a Minnesota resident who has been diagnosed with a qualifying medical condition by a health care practitioner and who has otherwise met any other requirements for patients under sections 152.22 to 152.37 to participate in the registry program under sections 152.22 to 152.37. 14 7 STUDY OF MEDICAL CANNABIS MANUFACTURERS AND CANNABIS FACILITIES CITY OF SAINT ANTHONY VILLAGE Health Care Practitioner as defined in Minnesota Statute § 152.22, Subd. 4: “Health care practitioner” means a Minnesota licensed doctor of medicine, a Minnesota licensed physician assistant acting within the scope of authorized practice, or a Minnesota licensed advanced practice registered nurse who has the primary responsibility for the care and treatment of the qualifying medical condition of a person diagnosed with a qualifying medical condition. Registered Designated Caregiver as defined in Minnesota Statute § 152.22, Subd. 11: “Registered designated caregiver” means a person who: 1. is at least 21 years old; 2. does not have a conviction for a disqualifying felony offense; 3. has been approved by the commissioner to assist a patient who has been identified by a health care practitioner as developmentally or physically disabled and therefore unable to self-administer medication or acquire medical cannabis from a distribution facility due to the disability; and 4. is authorized by the commissioner to assist the patient with the use of medical cannabis. In addition, the following term was defined in the Interim Ordinance: Cannabis Facility shall mean any business or facility operated for the purpose of cultivating, acquiring, manufacturing, possessing, preparing, transferring, transporting, supplying, or dispensing Medical Cannabis or any related supplies. 2.2 The Status of Medical Cannabis Under Federal Law The Federal Controlled Substances Act classifies marijuana (cannabis) as a Schedule I substance. 21 U.S.C. § 811 et seq. Schedule I substances are considered to have a high potential for dependency and no accepted medical use. The possession and distribution of Schedule I substances, including marijuana is a federal offense. The federal sentencing guidelines impose increased penalties for distributing of marijuana within 1,000 feet of a school, playground, or public housing. 21 U.S.C. § 860. The U.S. Department of Justice issued a “Memorandum for Selected U. S. Attorneys on Investigations and Prosecutions in States Authorizing the Medical Use of Marijuana” on October 19, 2009, indicating that it did not intend to prosecute individuals whose actions are in compliance with state laws on medical use of marijuana (referred to as the “Ogden Memo”). Despite the Ogden Memo, the U.S. Department of Justice has prosecuted operators of medical marijuana facilities and threatened to seize property on which medical marijuana facilities operate. 2.3 Interim Ordinance (Moratorium) and Resolution Adopting Study The City adopted the Interim Ordinance on February 24, 2015, which prohibited medical cannabis manufacturers and cannabis facilities in the City for the period of one year in order to 15 8 STUDY OF MEDICAL CANNABIS MANUFACTURERS AND CANNABIS FACILITIES CITY OF SAINT ANTHONY VILLAGE study their potential impact. In addition to placing a moratorium on cannabis facilities, the Interim Ordinance directed City staff to prepare this study. In order to protect the right of the City’s residents to receive lawful medical care, the Interim Ordinance specified that “[n]othing in this Interim Ordinance shall be construed to prohibit any Health Care Practitioner from writing a prescription for Medical Cannabis or any Patient or Registered Designated Caregiver from possessing and administering Medical Cannabis in compliance with the law.” 3.0 PURPOSE OF STUDY Because the recent change in the legal status of medical cannabis under Minnesota law and its potential to affect the City’s zoning controls, the City felt the need to conduct this Study. The goals of the Study are as follows: • Determine the status of medical cannabis under the City Code; • Determine the status of medical cannabis manufacturers and facilities under the City’s Zoning Code; • Determine whether the Zoning Code’s application to medical cannabis manufacturers and facilities is consistent with the City’s intent in planning for property use within its zoning districts; • Evaluate the challenges involved with regulating medical cannabis manufacturers and facilities; • Ensure that, if amended, the Zoning Code is improved in regards to consistency and clarity with respect to medical cannabis manufacturers; and • Ensure that the Zoning Code is consistent with state law pertaining to medical cannabis. 16 9 STUDY OF MEDICAL CANNABIS MANUFACTURERS AND CANNABIS FACILITIES CITY OF SAINT ANTHONY VILLAGE 4.0 ANALYSIS OF CITY OF SAINT ANTHONY VILLAGE ZONING CODE This section provides information regarding the status of medical cannabis under the City code generally and how the Zoning Code applies to medical cannabis manufacturers. 4.1 Status of Cannabis in the City Code Chapter 131 of the City Code “Drugs and the Like” regulates drugs and controlled substances within the City, including marijuana. The City Code states that “[n]o person may manufacture, possess, constructively possess, sell, give away, barter, exchange, distribute, or otherwise transfer any controlled substance, except by way of a lawful prescription by a person licensed by law to prescribe and administer controlled substances.” City Code § 131.02. However, these prohibitions do not apply to the exceptions listed in M.S. §§ 152.0974, 152.11, or 152.12, or to the following activities in the ordinary course of lawful trade, business or profession: (A) Warehouse operators authorized by law to store controlled substances; (B) Persons engaged in transporting controlled substances as an agent or employee of an authorized practitioner, pharmacist, manufacturer, warehouse operator, wholesaler, or common carrier; (C) Public officers or public employees in the performance of official duties requiring possession or control of controlled substances, or persons aiding the officers or employees in the performance of the duties; (D) A patient using controlled substances in accordance with prescribed treatment; (E) Persons who procure, possess or use controlled substances for the purpose of lawful research, teaching or testing, and not for sale; and (F) Lawfully licensed and registered hospitals or bona fide clinics or other institutions for treatment of sick or injured persons or animals. Because medical cannabis may be lawfully prescribed under Minnesota Statutes § 152.22-37, Chapter 131 of the City Code does not prohibit the lawful manufacture, possession, sale, or distribution of medical cannabis within the City. In addition, Section 131.20 of the City Code prohibits the possession of marijuana but includes an exception were the use is authorize by law. As a result, the City Code does not prohibit the lawful possession or use of medical cannabis within the City. 4.2 City of Saint Anthony Village Zoning Code: Intent, Purpose, and Interpretation The City’s Zoning Code is located in Chapter 152 of the City Code. In interpreting and applying the Zoning Code to zoning decisions, the City considers the intent and purposes of the Zoning Code. City Code § 152.004. The general intent of the Zoning Code is “to protect the health, safety, and general welfare of the city and its people through the establishment of minimum regulations governing land development and use.” City Code § 152.002. 17 10 STUDY OF MEDICAL CANNABIS MANUFACTURERS AND CANNABIS FACILITIES CITY OF SAINT ANTHONY VILLAGE The Zoning Code has nine stated purposes for its establishment: 1. Protect the use districts; 2. Promote orderly development and redevelopment; 3. Provide adequate light, air, and access to property; 4. Prevent congestion in the public streets; 5. Prevent overcrowding of land and undue concentration of structures by regulating land, buildings, yards, and densities; 6. Provide for compatibility of different land uses; 7. Provide for administration and amendment of the Zoning Code; 8. Prescribe penalties for violations; and 9. Define the powers and duties of the city staff, the Board of Adjustments and Appeals, the Planning Commission, and the City Council in relation to the Zoning Code. City Code § 152.002. 4.3 Zoning Districts The City is divided into nine zoning districts (five residential, one commercial, one light industrial, one recreational/open space, and PUD Planned Unit Development). The residential districts occupy the vast majority of the City. The zoning districts allow for permitted uses and permitted conditional uses. A permitted use is “[a] use expressly authorized by the Zoning Code for a particular district or districts.” City Code § 152.008 (Zoning Code definitions section). A permitted conditional use is “[a] use which is not classified as a permitted use but which may be permitted subject to conditions imposed by the City Council.” Id. “If a use is not specifically permitted, permitted by conditional use permit, or prohibited, the use will be considered prohibited.” City Code § 152.006. Each zoning district has a specifically stated purpose. Besides having different planning goals and intentions, the zoning districts also differ in their allowance of certain types of activities. These purposes and allowed uses that may pertain to cannabis facilities in each of the nine zoning districts are listed below. R-1 Single-Family District Purpose: “to create and maintain areas which due to the natural amenities of the land, low traffic volumes, and historical development patterns are best suited for single-family detached residences.” City Code § 152.035. The R-1 District does not specifically permit any use that would allow cannabis facilities. City Code § 152.036-37. 18 11 STUDY OF MEDICAL CANNABIS MANUFACTURERS AND CANNABIS FACILITIES CITY OF SAINT ANTHONY VILLAGE R-1A Single-Family Lakeshore District Purpose: “to create and maintain lakeshore areas for single-family detached residences which, due to the natural amenity of the lake, and the topographic characteristics, call for zoning regulations which are somewhat different from other single-family districts and which are designed for the preservation of natural areas.” City Code § 152.050. The R-1A District does not specifically permit any use that would allow cannabis facilities. City Code § 152.052-53. R-2 Two-Family District Purpose: “to provide areas which are best suited for a higher density than single-family dwellings, and which may serve as a transitional use between R-1 or R-1A Districts and other districts.” City Code § 152.065. The R-2 District does not specifically permit any use that would allow cannabis facilities. City Code § 152.066-67. R-3 Townhouse District Purpose: “to provide areas where the natural amenities such as trees, hills and bodies of water are preserved by encouraging development of medium density housing surrounded by common open space, which may serve as a transitional use between less dense residential districts and other districts, and which provide for alternatives to 1- and 2-family detached dwellings.” City Code § 152.085. The R-3 District does not specifically permit any use that would allow cannabis facilities. City Code § 152.087-88. R-4 Multiple-Family District Purpose: “to provide areas for housing other than 1- and 2-family dwellings and townhouses, and which may serve as a transitional use between less dense residential uses and nonresidential uses.” City Code § 152.100. The R-4 District allows for service or convenience type businesses, including pharmacies, as a permitted condition use. See City Code § 152.102(a). C General Commercial District Purpose: “to provide areas for retail sales and services located and regulated so as to minimize adverse effects on neighboring residential districts and congestion of public streets.” City Code § 152.120. Within the C District, “drug stores” and “Physicians, dentists and health care professionals” are permitted uses. City Code § 152.121. LI Light Industrial District Purpose: “to designate areas for, and regulate the development of, light industry. Areas are designated as light industrial due to the proximity of high capacity roadways or rail facilities and existing development, and regulated to enhance the compatibility of light industrial uses and uses within the commercial and residential districts.” City Code § 152.140. Within the LI District, “[w]arehouses, wholesalers or distributors for pharmaceuticals” are a permitted use. 19 12 STUDY OF MEDICAL CANNABIS MANUFACTURERS AND CANNABIS FACILITIES CITY OF SAINT ANTHONY VILLAGE City Code § 152.141. The LI District allows for the permitted conditional use for “drug, cosmetic, pharmaceutical, and toiletries manufacture.” R/O Recreational/Open Space Purpose: “regulate development in those areas which have significant natural amenities such as trees, terrain, and water resources, and to regulate development for recreational purposes in areas which have significant public or private recreational potential.” The R/O District does not specifically permit any use that would allow cannabis facilities. City Code § 155-56. PUD Planned Unit Development Purpose: “to provide for planned unit developments within the city.” Each PUD District is governed by its specific planned unit development ordinance. Due to the individual nature of each PUD District, the status of medical cannabis is not analyzed under each individual PUD. However, the PUD Districts are focused on “single or mixed uses” and may incorporate a combination of uses allowed under residential, commercial, or industrial districts. 4.4 Interpretation of Medical Cannabis under the City’s Zoning Districts No cannabis facilities are allowed in R-1, R-1A, R-2, R-3, or R/O Districts. However, medical cannabis facilities would likely be an allowed use in R-4, C, and LI Districts. As a result, there may be the potential for conflicting land uses in these districts if cannabis facilities are allowed. Further detail on uses that may conflict with cannabis facilities is provided in Section 5. (a) Medical Cannabis in R-1, R-1A, R-2, R-3 and R/O Districts The R-1, R-1A, R-2, R-3 and R/O Districts do not specifically permit any use that would allow any type of cannabis facility. City Code § 152.036-37; 152.052-53; 152.066-67; 152.087- 88; 152.155-156. Therefore, no cannabis facilities are allowed in R-1, R-1A, R-2, R-3, or R/O Districts. (b) Medical Cannabis in the R-4 District The R-4 District allows for service or convenience type businesses, including pharmacies, as a permitted conditional use. See City Code § 152.102(a). The term “pharmacy” is not defined in the City Code. Because medical cannabis must be dispensed by a licensed pharmacist under State law, a medical cannabis dispenser would likely be considered a pharmacist under the City Code. As a result, a medical cannabis dispenser would likely be a conditional permitted use within the R-4 District and are not prohibited. There is the potential for conflicting land uses within the R-4 District. State licensed day care facilities are a permitted conditional use within the R-4 District. City Code § 152.102. 20 13 STUDY OF MEDICAL CANNABIS MANUFACTURERS AND CANNABIS FACILITIES CITY OF SAINT ANTHONY VILLAGE (c) Medical Cannabis in the C District Within the C District, “drug stores” and “Physicians, dentists and health care professionals” are permitted uses. City Code § 152.121. The terms “drug store” and “healthcare professional” are not defined in the City Code. Because medical cannabis must be dispensed by a licensed pharmacist under State law, a medical cannabis dispenser would likely be considered a pharmacist under the City Code and would likely be considered a “drug store” or “health care professional.” As a result, pharmacists or physicians that dispense medical cannabis would likely be a permitted use within the C District and would not be prohibited. There is the potential for conflicting land uses within the C District. The purpose of the City’s commercial zoning district is “to provide areas for retail sales and services located and regulated so as to minimize adverse effects on neighboring residential districts and congestion of public streets.” City Code § 152.120. The types of uses allowed within this district are uses associated with business and commerce. Permitted uses in the C District include day cares, music schools, and dance schools. Overall, the commercial zoning district occupies a relatively small portion of the City. Areas of the City zoned “commercial” primarily exist along Silver Lake Road in the northern part of the City and along Kenzie Terrace in the southwest part of the City. Some commercial areas also exist on the western boundary of the City south of 33rd Avenue Northeast, along 37th Avenue Northeast adjacent to the Soo Line Railroad tracks, and north of 39th Avenue Northeast. The commercial zoning district abuts residential, recreational/open space districts, and schools in numerous areas. (d) Medical Cannabis in the LI District Within the LI District, “[w]arehouses, wholesalers or distributors for pharmaceuticals” are a permitted use. City Code § 152.141. The LI District allows for the permitted conditional use of “drug, cosmetic, pharmaceutical, and toiletries manufacture.” As a result, the manufacture of medical cannabis would likely be a permitted conditional use in the LI District. The warehousing or distribution of medical cannabis would likely be a permitted use in the LI District. There is the potential for conflicting land uses within the LI District. The purpose of the City’s light industrial zoning district is “to designate areas for, and regulate the development of, light industry. Areas are designated as light industrial due to the proximity of high capacity roadways or rail facilities and existing development, and regulated to enhance the compatibility of light industrial uses and uses within the commercial and residential districts.” City Code § 152.140. Day care centers are a permitted conditional use within the LI District Overall, the light industrial zoning district occupies a relatively small portion of the City. Areas of the City zoned “light industrial” primarily exist within two specific areas: (1) along or near the Soo Line railroad in the northern part of the City and (2) north of the Northern Pacific Railway in the southeast part of the City, including areas along U.S. Highway 88 and County Road C. The light industrial district abuts residential and recreational/open space districts in numerous areas. 21 14 STUDY OF MEDICAL CANNABIS MANUFACTURERS AND CANNABIS FACILITIES CITY OF SAINT ANTHONY VILLAGE 5.0 IMPACT OF MEDICAL CANNABIS 5.1 Land Uses Sensitive to Medical Cannabis A study by the American Bar Association identified a series of sensitive land uses that cities around the country have determined were incompatible with medical cannabis.2 These sensitive uses include residences, schools, child care centers, rehab centers, churches, parks, libraries, cinemas, and recreation centers. A report by the Massachusetts Municipal Association determined that “uses that are being considered as incompatible [to medical marijuana treatment centers] are schools, day care centers, churches, residential areas and other medical marijuana treatment centers.”3 5.2 Land Use Controls to Protect Sensitive Uses To protect sensitive uses, almost all of the cities studied by the ABA adopted requirements for a buffer between cannabis facilities and sensitive uses in order to protect the sensitive uses.4 While the size of buffers implemented range from 250 feet to 1,320 feet, the most common buffer was 1,000 feet, consistent with the federal policy to discourage marijuana distribution within 1,000 feet of schools and certain other sensitive uses.5 For example, the City of Bloomington has implemented a requirement for a 1,000-foot buffer between cannabis facilities and existing schools. In addition, most cities limit cannabis facilities to areas zoned commercial and industrial or prohibit cannabis facilities in areas zoned residential and mixed use. Many cities have also implemented a cap on the number of cannabis facilities within the jurisdiction.6 5.3 Sensitive Land Uses in St. Anthony The sensitive uses most likely to be impacted by cannabis facilities in the C District or LI District are residences, day care centers, and parks. A significant number of these sensitive uses exist within areas that would be impacted by cannabis facilities. As a result, allowing medical cannabis without controls to protect sensitive uses would likely have a significant and negative impact on health, safety, and general welfare within the City. The existing sensitive uses that would be negatively impacted by medical cannabis are as follows: 2 Nemeth, Jeremy and Ross, Eric, Planning for Marijuana: The Cannabis Conundrum, American Bar Association, Section of State and Local Government Law and Section of Public Contract Law, Fall 2014, available at http://www.americanbar.org/content/dam/aba/events/state_local_government/2014%20Fall%20Council%20Meeting /reefer-madness/NemethRoss.authcheckdam.pdf. 3Saint Andre, Barbara, Medical Marijuana: Land Use Concerns, Massachusetts Municipal Association Annual Meeting 2013, available at https://www.mma.org/resources-mainmenu-182/doc_view/775-medical-marijuana-land- use-concerns. 4 Nemeth, supra at note 2. 5 Id. 6 Id. 22 15 STUDY OF MEDICAL CANNABIS MANUFACTURERS AND CANNABIS FACILITIES CITY OF SAINT ANTHONY VILLAGE (a) Residential Districts All LI and C Districts within the City abut residential districts. (b) Day Care Centers The Minnesota Department of Health and Safety lists eleven licensed child care centers and family child care facilities in St. Anthony. Five of the day care centers are located in the LI District or within 1,000 feet of the LI District. The locations of these day care centers are as follows:7 • 3900 block of Fordham Drive NE • 3300 Block of Edgemere Avenue • 2800 block of Anthony Lane S • 3000 block of Wilson Street NE • 3000 block of Old Highway Two day care centers are located within the C District. • 2900 block of Pentagon Drive • 2500 block of Kenzie Terrace (c) Parks The following parks are located within 1,000 feet of the LI District • Trillium Park • Silver Point Park • Francis A. Gross Golf Course • Emerald Park • Sunset Memorial Park 5.4 Public Safety There are a number of public safety challenges associated with medical cannabis. Bloomington recently adopted an ordinance regulating medical cannabis.8 In considering the ordinance, the City of Bloomington conducted a study that identified the following challenges associated with medical cannabis in Minnesota: • Physicians, nurse practitioners, and physicians’ assistants cannot prescribe medical cannabis under their licensing restrictions; • A distribution facility functions as a stand-alone clinic where patients must be examined by a pharmacist; 7 The names and exact addresses of the day care programs are not provided in this report to protect the day care programs. 8 City of Bloomington, Ordinance No. 2015-27, adopted October 19, 2015. 23 16 STUDY OF MEDICAL CANNABIS MANUFACTURERS AND CANNABIS FACILITIES CITY OF SAINT ANTHONY VILLAGE • Many of the medical conditions for which medical cannabis is allowed mean they are vulnerable due to their medical conditions; • Due to federal law, credit card companies will not authorize transactions involving medical cannabis, which forces medical cannabis distributors to operate as ‘cash only’ businesses; • Insurance companies will not cover medical marijuana and the cost of medical cannabis ranges from $55 to $85 per gram; totaling an average of $500 per cash transaction. • Due to the uncovered, high cost of medical marijuana there has developed a black market for stolen medical marijuana which is then sold to qualified patients and others at a lower cost. As a result, the study concluded that medical cannabis creates a public safety concern, including a serious security concern for patients visiting medical cannabis distributors, an increase risk of employee theft, an increased risk of burglary and non-employee theft from the building.9 To address these concerns, the City of Bloomington adopted licensing requirements for cannabis facilities that included maintaining records of transactions; restricting the hours of operation to 7:00 am to 7:00 pm; requiring security that mirror the security procedures required by the Minnesota Department of Health; limiting exterior signage to minimize attention; require an ATM so that patients do not have to carry cash; requiring city or police inspections; prohibiting paraphernalia or other merchandise.10 The City of Bloomington also requires a 1,000-foot buffer between cannabis facilities and schools. In addition to these controls, Bloomington’s study recommended limiting the number of distribution facilities to one per 100,000 city residents, which the ordinance adopted. According to the U.S. Census Bureau, Bloomington has a population of approximately 83,000 residents. By comparison, the U.S. Census Bureau estimates the City of St. Anthony’s population at approximately 8,600 residents.11 9 See City of Bloomington, Request for Council Action, Case 10000G-15, dated October 19, 2015. 10 Id. 11 Id. 24 17 STUDY OF MEDICAL CANNABIS MANUFACTURERS AND CANNABIS FACILITIES CITY OF SAINT ANTHONY VILLAGE 6.0 OPTIONS FOR MEDICAL CANNABIS 6.1 No Action The first option for the City is to take no action. If the City takes no action, medical cannabis dispensaries would likely be treated as pharmacies under the Zoning Code because medical cannabis dispensaries must be operated by a pharmacist and “pharmacy” is not a defined term in the Zoning Code. As a result, taking no action would mean medical cannabis dispensers would likely be a permitted conditional use in the R-4 District, a permitted use in the C District, and a permitted use in the LI District. Furthermore, manufacture and distribution of medical cannabis would be a permitted use in the LI District. Taking no action could create inconsistent land uses because cannabis facilities would be allowed in the vicinity of residential areas, day care centers, schools, parks, libraries and other incompatible uses. As a result, taking no action could adversely affect existing businesses, development, and residential home values. For these reasons, this option is not recommended because it will not protect the health, safety, and general welfare of the City and its people. 6.2 Restricting Cannabis Facilities to LI District Subject to a Buffer The second option is for the City to adopt amendments the Zoning Code to make cannabis facilities a permitted conditional use only in the LI District. Cannabis facilities would be prohibited in all other districts. Cannabis facilities in the LI District would be subject to a buffer requiring the cannabis facilities to be located a certain distance from any sensitive use, including residential areas, day care centers, schools, parks, and libraries. Restricting cannabis facilities to the LI District would exclude cannabis facilities from the R-4 and C Districts, but would allow medical cannabis manufacturers to operate in the LI District. This option is not recommended because the City cannot impose a sufficient buffer distance that would allow medical cannabis facilities as a conditionally permitted use while still protecting sensitive uses. Most cities, including Bloomington, use a 1,000-foot buffer to protect sensitive uses. In the City, however, all of the area within the LI District is within 1,000 feet of a residential district, a park, day care or other sensitive use. A 1,000-foot buffer would, in effect, prohibit cannabis facilities within the City. In order to allow cannabis facilities as a permitted conditional use, the City would have to adopt a buffer that is significantly less than the 1,000- foot buffer that most cities require. As a result, there would be a heightened risk that cannabis facilities would impact sensitive uses within the City. Even with a smaller buffer distance, there would still be conflicting land uses. Day care centers are a permitted conditional use within the LI District. Allowing cannabis facilities in the LI District could limit further development of day care centers within the LI District. For these reasons, this option is not recommend because it will not protect the health, safety, and general welfare of the City and its people. 25 18 STUDY OF MEDICAL CANNABIS MANUFACTURERS AND CANNABIS FACILITIES CITY OF SAINT ANTHONY VILLAGE 6.3 Prohibiting All Cannabis Facilities in the City The third option is for the City to adopt an amendment to the Zoning Code prohibiting cannabis facilities within the City. This option would protect sensitive uses, including residential areas, day care centers, schools, parks, and libraries, throughout the City. Unlike the other options, this option would also protect the development of child care centers in the LI District. This option is recommended because it will protect the health, safety, and general welfare of the City and its people. If the City chooses to adopt this option, the City should consider language clarifying that the legal use of medical cannabis under State law is not prohibited within the City in order to protect the right of the City’s residents to receive legal medical treatment. 7.0 CONCLUSION Due to the location of the LI and C Districts within the City, the presence of cannabis facilities as an allowed use within the City would create the potential for conflicting uses between cannabis facilities and sensitive uses—including residential districts, parks, and day care centers—and would create a threat to the health, safety, and general welfare of the City and its people. The land use controls adopted by other cities to address this concern—buffers between cannabis facilities and sensitive uses—would not be an effective control for the City because the buffers would either have the effect of prohibiting all cannabis facilities or the buffers would be too small to prevent the potential impacts from cannabis facilities. As a result, this study recommends that the City amend the Zoning Code to prohibit cannabis facilities in order to protect the health, safety, and general welfare of the City and its people. 26 Cannabis Facilities Zoning Amendment Planning Commission Meeting February 22,2016 Overview o St. Anthony adopted a moratorium related to cannabis facilities (marijuana dispensaries) to study the issue. o St. Anthony commissioned a study of MN State Statute regarding medical cannabis and its potential impact on zoning code in St. Anthony. o The study concluded and recommended that cannabis facilities be prohibited in all zoning districts, due to potential for public safety concerns and incompatibility with surrounding land uses. 27 Summary of Amendments •Include a specific designation for Cannabis Facility (Marijuana Dispensary) as “an establishment or business which cultivates, acquires, manufactures, possesses, prepares, transfers, transports, supplies, or dispenses medical cannabis or any related supplies in accordance with Minnesota Statutes.”( § 152.008) •Prohibit Cannabis Facilities in all zoning districts (§ 152.188) •Include the provision clarifying that the revised Code does not preclude doctors from writing legal cannabis prescriptions or patients from exercising their legal right to possess or administer medical marijuana as per the law. Recommendation Staff recommends that the Planning Commission recommend approval of the enclosed zoning amendments related to cannabis facilities (marijuana dispensaries). 28 Questions? 29 THIS PAGE LEFT INTENTIONALLY BLANK 30 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 Office: (612) 782-3301 • Fax: (612) 782-3302 • www.ci.saint-anthony.mn.us Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure. NOTICE OF A PUBLIC HEARING Notice is hereby given that on February 22, 2016, 7:00 p.m. at City Hall, 3301 Silver Lake Road, the Saint Anthony Village Planning Commission will hold a public hearing to solicit public response to an Ordinance Amendment of Chapter 152 adding the Regulation of Medical Cannabis Manufacturers and Cannabis Facilities. The Planning Commission will make a recommendation regarding the proposed request to the City Council for their meeting to be held on March 8, 2016, 7:00 p.m. at City Hall. Those persons having an interest in said meetings are encouraged to attend. Oral testimony will be accepted on the above subject at this meeting. Written comments may be taken at the St. Anthony Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until the date of the hearing. Questions may be directed to the City Clerk at 612-782-3313. The Planning Commission agenda and packet item relating to this application will be made available online at www.saint-anthony.mn.us. Nicole Miller City Clerk 31