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Home My WebLink About2015-04 Moratorium on Cannibis ORDINANCE NO. 2015-04 INTERIM ORDINANCE TEMPORARILY PROHIBITING MEDICAL CANNABIS MANUFACTURING AND DISTRIBUTION FACILITIES THE CITY COUNCIL OF EDINA ORDAINS: SECTION I. FINDINGS AND PURPOSE. A. The City Council finds that it is necessary to temporarily preserve the status quo regarding the City's regulation of land uses through its official controls following the Minnesota Legislature's passage of the Medical Cannabis Therapeutic Research Act of 2014, Minnesota Session Laws, Chapter 311, §§ 1-22 (2014) (the "Act"). The Act does not prohibit the City from placing additional location limitations or regulatory requirements on medical marijuana distribution facilities beyond those contained in the Act. B. The City has learned of interest in potential medical marijuana distribution facilities in the City. C. The City finds that medical marijuana manufacturing and distribution facilities represent new land uses not presently addressed in the City's official controls and never previously studied by the City. D. The City finds that such uses should be studied for the purpose of determining whether amendments or additions to the City's official controls may be necessary to protect the public health, safety and welfare. SECTION 2. DEFINITIONS: The following terms when used in this ordinance shall mean: Official controls. "Official controls" or "controls" means ordinances and regulations which control the physical development of the city or any part thereof or any detail thereof and implement the general objectives of the comprehensive plan. Official controls include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. Medical Cannabis. 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. Medical Cannabis Manufacturer. An entity registered by the Minnesota Commissioner of Health to cultivate, acquire, manufacture, possess, prepare, transfer, transport, supply, or dispense medical cannabis, delivery devices, or related supplies and educational materials. Distribution Facility. A center for the distribution of medical cannabis operated by a medical cannabis manufacturer. SECTION 3. INTENT AND AUTHORIZATION: A. It is the intent of this ordinance to allow the City of Edina time to complete an in- depth study concerning adoption of revisions of the City's official controls for medical marijuana manufacturing and distribution facilities and in the interim to protect the planning process and health, safety, and welfare of the citizens of the community. B. City staff is authorized to conduct a study of the City's official controls that may need to be adopted or amended to protect the public health, safety and welfare as they relate to medical cannabis manufacturing and distribution facilities. SECTION 4. TEMPORARY PROHIBITION: Pending the completion of the above referenced study and the adoption of appropriate official controls, the following uses are prohibited within the City: • Medical Cannabis Manufacturer • Distribution Facility SECTION S. EXEMPTIONS: The statutory exemption to this ordinance set forth in Minnesota Statutes § 462.355, Subd. 4 is incorporated herein by reference. SECTION 6. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and shall remain in effect for one year from the effective date of this ordinance or until the adoption of the official controls being studied, whichever occurs first. ADOPTED this 3rd day of February, 2015, by the City Counc of Edina, Minnesota. First Reading: February 3, 2015 Second Reading: Waived Published: March 12, 2015 n i Attest _-_-_--- Debra A. Mangen, City Clerkf ovland, Mayor Please publish in the Edina Sun Current on March 12, 2015 Send two affidavits of publication Bill to Edina City Clerk AFFIDAVIT OF PUBLICATION City of Edina A.It is the intent of this ordinance (Official Publication) to allow the City of Edina time to STATE OF MINNESOTA complete an in-depth study con- )ss ORDINANCE N0.2015 04 cerning adoption of revisions of the COUNTY OF HENNEPIN ) INTERIM ORDINANCE City's official controls for medical TEMPORARILY PROHIBITING marijuana manufacturing and dis- Charlene Vold being duly sworn on an oath, MEDICAL CANNABIS tribution facilities and in the interim MANUFACTURING AND to protect the planning process and states or affirms that they are the Authorized DISTRIBUTION FACILITIES health, safety, and welfare of the Agent of the newspaper(s)known as: THE CITY COUNCIL OF EDINA citizens of the community. ORDAINS: B.City staff is authorized to con- SC Edina SECTION 1. FINDINGS AND duct a study of the City's official PURPOSE. controls that may need to be adopt- A.The City Council finds that it ed or amended to protect the public and has full knowledge of the facts stated is necessary to temporarily preserve health, safety and welfare as they below: the status quo regarding the City's relate to medical cannabis manu- regulation of land uses through its facturing and distribution facilities. (A)The newspaper has complied with all of official controls following the Min- SECTION 4. TEMPORARY the requirements constituting qualifica- nesota Legislature's passage of PROHIBITION: Pending the com- tion as a qualified newspaper as provided the Medical Cannabis Therapeutic pletion of the above referenced by Minn. Stat. §331A.02, §331A.07, and Research Act of 2014, Minnesota study and the adoption of appropri- Session Laws,Chapter 311,§§1-22 ate official controls, the following other applicable laws as amended. (2014)(the"Act").The Act does not uses are prohibited within the City: (B)This Public Notice was printed and pub- prohibit the City from placing addi- • Medical Cannabis Manufac- lished in said newspaper(s) for I succes- tional location limitations or regula- turer tory requirements on medical mari- •Distribution Facility sive issues; the first insertion being on 03/12/2015 and the last insertion biro Juana distribution facilities beyond SECTION 5. EXEMPTIONS: g on those contained in the Act. The statutory exemption to this or- 03/12/2015. B.The City has learned of inter- dinance set forth in Minnesota Stat- est in potential medical marijuana utes§462.355,Subd.4 is incorpo- distribution facilities in the City. rated herein by reference. C. The City finds that medical SECTION 6.EFFECTIVE DATE: marijuana manufacturing and distri- This ordinance shall take effect im- bution facilities represent new land mediately upon its passage and By: aUc�-a uses not presently addressed in shall remain in effect for one year Authorized Agent the City's official controls and never from the effective date of this ordi- previously studied by the City. nance or until the adoption of the of- D.The City finds that such uses ficial controls being studied,which- Subscribed and sworn to or affirmed before should be studied for the purpose ever occurs first. me On 03/12/2015. of determining whether amend- ADOPTED this 3rd day of Feb- ments or additions to the City's of- ruary, 2015, by the City Council of f ficial controls may be necessary to Edina,Minnesota. s protect the public health,safety and First Reading:February 3,2015 r welfare. Second Reading:Waived SECTION 2. DEFINITIONS:The Published:March 12,2015 tary Public following terms when used in this Attest ordinance shall mean: Debra A.Mangen,City Clerk Official controls. "Official con- James B.Hovland,Mayor _ trols"or"controls"means ordinanc- �''�`a r, es and regulations which control the 3/12/15,3SC1, / ::MARY ELIZABETH KNAPP Nota Public-Minnesota physical development of the city or Ord 2015-04,359928 Notary any part thereof or any detail thereof My Commission Expires Jan 31,2018 and implement the general objec- tives of the comprehensive plan. Official controls include ordinances establishing zoning, subdivision controls,site plan regulations,sani- tary codes, building codes and of- ficial maps. Medical Cannabis. Any spe- cies 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 lim- ited 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 commis- sioner. Medical Cannabis Manufac- turer. An entity registered by the Minnesota Commissioner of Health to cultivate, acquire, manufacture, Rate Information: possess, prepare, transfer, trans- (1)Lowest classified rate paid by commercial users port, supply, or dispense medical for comparable space: cannabis, delivery devices, or re- lated supplies and educational ma- $34.45 per column inch terials. Distribution Facility. A center for the distribution of medical can- nabis operated by a medical canna- bis manufacturer. Ad ID 359928 SECTION 3. INTENT AND AU- THORIZATION: