2014-06 CITY OF RICHFIELD
STATE OF MINNESOTA
ORDINANCE NO. 2014-6
AN ORDINANCE ESTABLISHING A MORATORIUM ON THE CONSIDERATION OF
MEDICAL MARIJUANA DISTRIBUTION FACILITIES,
AND DIRECTING THAT A PLANNING STUDY BE CONDUCTED
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Background.
1.01. 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.
1.02. The Act requires that approved manufacturers operate a total of four
distribution facilities that are distributed throughout the State.
1.03. The Richfield City Codes do not address the permitting or zoning
requirements of medical marijuana distributors.
1.04. The City has received at least two inquiries about potential distribution
facilities which further evidence the need for the City to study and
determine whether it should adopt official controls related to medical
marijuana distribution facilities.
1.05. 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.
1.06. 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.
1.07. The public interest will be harmed if adequate permitting controls and
zoning classifications are not adopted.
1.08. 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.
1.09. 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.
1.10. Minnesota Statutes, Section 462.355, Subdivision 4 allows the City to
adopt an interim ordinance for the purpose of protecting the planning
process and the health, safety, and welfare of its citizens.
Sec. 2. Findings.
2.01 The City Council finds that it is necessary to conduct planning studies to
determine the appropriate permitting =land use controls that should
apply to medical marihuana distribution facilities and to protect the planning
process and the health, safety, and welfare of its citizens.
2.02 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.
2.03 The City Council finds that there is a need to adopt a City-wide moratorium
Ordinance, while the studies referenced in Section 2.01 are conducted.
2.04 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.
Sec. 3. Planning Study: Moratorium.
3.01. 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.
3.02. 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.
3.03 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.
3.04 The moratorium established by this Ordinance shall apply to any
application pending as of the date of this Ordinance, but it shall not apply
to a subdivision or consolidation that has received preliminary plat
approval prior to the adoption of Resolution No. 10975, nor shall the
moratorium extend the timeline for acting upon an application as provided
in Minnesota Statutes, Section 15.99. Any application submitted to which
the moratorium applies shall be denied unless the application includes a
specific request that it be excepted from the Moratorium, in which case the
City staff shall submit the application to the City Council for consideration
of granting an exception.
3.05 The City Council may approve exceptions to this Moratorium for an
application if the City Council, in its sole discretion, determines that the
approval being sought will not interfere with the purposes for which this
moratorium was adopted.
Sec. 4. Enforcement. The City may enforce this Ordinance by mandamus,
injunction or other appropriate civil remedy in any court of competent jurisdiction.
Sec. 5. Term. Unless earlier repealed by the City Council, the moratorium
established under this Ordinance shall remain in effect until April 15, 2015. The
moratorium may be extended for a reasonable time, in accordance with
Minnesota Statutes Section 462.355.
Sec. 6. Effective Date. This Ordinance is effective as provided by Section
3.09 of the Richfield City Charter.
\s-I r (7:Th -./4 ri
De b Tie Goettel, Mayor
ATTEST:
F
Nancy Gi••• , ity Clerk
AFFIDAVIT OF PUBLICATION City of Richfield
STATE OF MINNESOTA (Official Publication)
COUNTY OF HENNEPIN )ss SUMMARY PUBLICATION
BILL NO.2014-6
AN ORDINANCE ESTABLISHING
Charlene Vold being duly sworn on an oath, AT SIX-MONTH MORATORIUM ON
THE CONSIDERATION OF MEDI-
states or affirms that they are the Authorized CAL MARIJUANA DISTRIBUTION
Agent of the newspaper(s)known as: FACILITIES,AND DIRECTING THAT
A PLANNING STUDY BE CON-
SC Richfield DUCTED
This summary of the ordinance is
published pursuant to Section 3.12
and has full knowledge of the facts stated of the Richfield City Charter.
On October 14,2014,the Rich-
below: field City Council adopted an or-
(A)The newspaper has complied with all of dinance designated as Bill No.
the requirements constituting qualifica- 2014-6, the title of which is stated
tion as a qualified newspaper as provided above. The ordinance establishes a
b Minn. §331A.02, six-month moratorium on the con-
y nn. tat. � §331A.07, and sideration of medical marijuana dis-
other applicable laws as amended. tribution facilities in all areas of the
(B)This Public Notice was printed and pub- City. The ordinance also directs that
fished in said newspaper(s) for 1 succes- a plann conducted to
determine ing thstudy e appropriate land uses
sive issues; the first insertion being on and development standards for
10/23/2014 and the last insertion being on medical marijuana distribution fa-
10/23/2014. cilities and that appropriate amend-
ments be made to the City's official
controls upon completion of the
study. During the moratorium,
ap-
plications for comprehensive land
use plan amendments, rezoning,
By: OUSV V C, t fV rNb—e.Q. subdivisions,variances,conditional
use permits, site plan review, and
Authorized Agent building permits for construction
or operation of medical marijuana
Subscribed and sworn to or affirmed before distribution facilities will not be ac-
me on 10/23/2014. cepted.
Copies of the ordinance are
available for public inspection in
the City Clerk's office during normal by
lA �C. ,^ () f calling the hours rt or upon of om u-
�' \ lY!(\-Cr��`� calling the Department of Commu-
nity Development at(612)861-9760.
Notary Public Adopted by the City Council of
the City of Richfield,Minnesota this
14th day of October,2014.
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err nom' NE MARIE MACPHcpSOv Nancy Gibbs,City Clerk
.� Uttlll.Gi'1G MARIE I�ifNr1 nGi1�7VF� 298605 10/23/14 Bill 2014-6
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