14-10975r CITY OF RICHFIELD
STATE OF MINNESOTA
RESOLUTION NO. 10975
A RESOLUTION ESTABLISHING A MORATORIUM ON THE CONSIDERATION OF
MEDICAL MARIJUANA DISTRIBUTION FACILITIES,
AND DIRECTING THAT A PLANNING STUDY BE CONDUCTED
WHEREAS, the Minnesota State Legislature has approved the Medical
Cannabis Therapeutic Research Act of 2014 ("Act") which allows for the
manufacturing and distribution of medical marijuana; and
WHEREAS, the Act requires that approved manufacturers operate a total of
four distribution facilities that are distributed throughout the State; and
WHEREAS Richfield City Codes do not address the permitting or zoning
requirements of medical marijuana distributors; and
WHEREAS the City has received at least two inquiries about potential
distribution facilities which further evidences the need for the City to study and
determine whether it should adopt official controls related to medical marijuana
distribution facilities; and
WHEREAS the Act restricts locations near schools and co-location with
health-care practitioners, but does not preclude the City from placing additional
locational or regulatory requirements on medical marijuana distribution facilities; and
WHEREAS the lack of an adequate and available zoning classification and
permitting controls that corresponds to the establishment of medical marijuana
distribution facilities is a barrier to staged and orderly implementation of the
Comprehensive Plan and is contrary to the fundamental precepts of orderly
municipal planning; and
WHEREAS the public interest will be harmed if adequate permitting controls
and zoning classifications are not adopted; and
WHEREAS the City Council has determined a need to undertake a study to
determine the appropriate permitting and land use controls for medical marijuana
distribution facilities; and
WHEREAS upon completion of the study, the City Council, together with
such city commissions as the City Council deems appropriate or as may be required
by law, will consider the advisability of amending certain official controls.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota as follows:
1. The City Council finds that it is necessary to conduct planning studies to
determine the appropriate permitting and land use controls that should apply to
medical marijuana distribution facilities and to protect the planning process and the
health, safety, and welfare of its citizens.
2. The purpose of the studies to be conducted includes, but is not limited to
determining the appropriate permitting and licensing standards, and land use and
development standards that should apply to medical marijuana distribution facilities
and determining the appropriate changes, if any, that should be made to City
Ordinances.
3. The City Council finds that there is a need to adopt a City-wide moratorium,
while the studies referenced in paragraph 1 of this resolution are being conducted.
4. The City Council finds that this moratorium should apply to, but not
necessarily be limited to, the following types of land use applications:
comprehensive land use plan amendments, requests for rezoning, subdivisions,
variances, conditional use permits, site plan review, and building permits for
construction or operation of medical marijuana distribution facilities.
5. A study is authorized to be conducted by City staff, to be followed by
consideration of potential changes to the City's Ordinances by the City Council and
such other commissions of the City as required by law or as directed by the City
Council.
6. Pending completion of the study and adoption of any amendments to the
City's official controls, a moratorium is established on the issuance of City approvals
for medical marijuana distribution facilities.
7. During the period of the moratorium, applications for any such approvals
related to medical marijuana distribution facilities shall not be accepted by the City
nor shall the Planning Commission or City Council consider or grant approval of any
such application.
8. The Moratorium established by this resolution shall apply to any application
pending as of the date of this resolution.
9. Unless earlier repealed by the City Council, the moratorium established
under this resolution shall remain in effect until April 15, 2015.
10. This resolution is effective upon adoption.
(0._,S2Lti/X4( -00//
Deborah Goettel, Mayor
ATTEST:
Nancy Gibb City Clerk