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
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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
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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
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Planning Commission Regular Meeting Minutes
January 25, 2016
Page 3
VII. INFORMATION AND ANNOUNCEMENTS 1
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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
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THIS PAGE LEFT INTENTIONALLY BLANK
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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.
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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.
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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.
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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
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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
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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
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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.
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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
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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
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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.
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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
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STUDY OF MEDICAL CANNABIS MANUFACTURERS AND CANNABIS FACILITIES
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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.
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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.
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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.
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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.
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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.
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(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.
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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.
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(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.
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• 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.
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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.
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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.
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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.
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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).
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Questions?
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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
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