TRANSITORY ORDINANCE NO. - 18.94

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 .

• 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.

• The Act requires that approved manufacturers operate a total of four distribution facilities that are distributed throughout the State.

• The Richfield City Codes do not address the permitting or zoning requirements of medical marijuana distributors.

• 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.

• 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.

• 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.

• The public interest will be harmed if adequate permitting controls and zoning classifications are not adopted.

• 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.

• 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.

• 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 .

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

(Ord. No. 2014-6)