HomeMy WebLinkAboutCity Council Packet 04-26-2016 SpecialSpecial Council Meeting 1 of 1 April 26, 2016
CITY OF PLYMOUTH
AGENDA
SPECIAL COUNCIL MEETING
APRIL 26, 2016, 5:30 p.m.
MEDICINE LAKE CONFERENCE ROOM
1. CALL TO ORDER
2. TOPICS
A. Medical Cannabis Ordinance
B. Set future Study Sessions
3. ADJOURN
SPECIAL
COUNCIL MEETING
April 26, 2016
Agenda
Number: 2A
To: Dave Callister, City Manager
Prepared by: Barbara Thompson, Planning Manager
Reviewed by:
Item: Medical Cannabis Regulations
1. BACKGROUND:
During its 2014 session, the State Legislature enacted a law creating a process allowing seriously ill
Minnesotans to acquire and use medical cannabis to treat certain conditions. In October 2014, the
Council adopted an interim ordinance approving a one-year moratorium on medical cannabis
manufacturers and distribution facilities to allow for greater study of the potential implications of such
uses. In July 2015, after reviewing the newly adopted Minnesota State Statutes and Rules, the Council
subsequently adopted an ordinance prohibiting all cannabis-related uses, but directed staff to bring back
draft regulations allowing medical cannabis-related uses in selected areas of the City.
Staff has now completed additional review of these uses and has drafted ordinance language per the
Council’s direction. Staff notes that the definitions of medical cannabis and qualifying medical conditions
in the draft ordinance are the same as those found in State Statute.
2. ANALYSIS:
Manufacturing and Testing Facilities
Staff looked at the I-2 and I-3 districts as potential locations for manufacturing facilities and testing
laboratories. Staff eliminated the I-1 district from consideration as virtually all I-1 zoned properties are
located adjacent to residential uses. Given traffic to and from a site, hours of operation, security
requirements, demand on law enforcement, and potential future changes in the law, the draft ordinance
would allow manufacturing facilities and testing laboratories as conditional uses, subject to a number of
performance standards, including location standards. Draft standards would prevent the location of any
such facilities within 1,000 feet of a school or religious institution. The draft standards indicate two
possible alternatives for the required distance from residential uses: 250 or 500 feet. The first map, which
illustrates I-2 zoned properties, shows there would be a number of properties that meet the proposed
locational requirements, albeit substantially fewer at 500 feet. The majority are located in the industrial
area south of Highway 55, both east and west of I-494. The second map, which illustrates I-3 zoned
properties, shows there are only two sites that meet the proposed locational requirements.
Distribution Facilities
Staff looked at the City’s commercial districts (C-1 through C-5 and the City Center districts) as potential
locations for medical cannabis distribution facilities. Given similar considerations of traffic, hours of
operation, etc., the draft ordinance narrows this to the C-3 district, highway commercial district, only. In
C-3, the ordinance would allow distribution facilities as conditional uses, subject to the same locational
Page 1
standards proposed for manufacturing facilities. The third map shows there would be 19 sites located
more than 1,000 feet from a church/school and 500 feet from residential uses. Reducing the distance to
250 feet from residential uses would add another seven sites. The majority of these sites are located near
the intersection of I-494 and Highway 55.
3. NEXT STEPS:
Should the Council wish to move forward with adoption of additional medical cannabis regulations, the
next step would be to provide direction to staff on the suggested direction, including the alternative
performance standards. With that direction, staff could then bring the draft ordinance to a public hearing
at the Planning Commission and back to the Council for final action.
4. ATTACHMENTS:
Draft Ordinance Amendments
Map of I-2 Properties
Map of I-3 Properties
Map of C-2 Properties
Map of C-3 Properties
Map of C-4 Properties
Page 2
PLYMOUTH ZONING ORDINANCE
21000-1
SECTION 21000 - TITLE AND APPLICATION
21000.01. TITLE: This Chapter shall be known as the “Plymouth Zoning Ordinance” except
as referred to herein, where it shall be known as “this Chapter”.
21000.02. INTENT AND PURPOSE: The intent of this Chapter is to protect the public
health, safety and general welfare of the community and its people through the establishment of
minimum regulations in regard to location, erection, construction, alteration and use of structures
and land. These regulations are established to assist the City in 1) implementing its Comprehensive
Plan, 2) protecting and enhancing the natural environment and resources that currently exist within
the City, 3) ensuring orderly and quality development and redevelopment, 4) protecting the quality
and diversity of the City’s tax base, 5) protecting the quality of residential neighborhoods, 6)
providing opportunities for an affordable and diverse housing supply, 7) managing traffic, 8)
ensuring compatibility between different land uses, and 9) regulating businesses that may have
adverse secondary effects on the quality of life of Plymouth residents. These regulations are also
established to provide for administration of this Chapter, to provide for amendments; to prescribe
penalties for violation of such regulations; and to define powers and duties of the City staff, the
Zoning Board of Adjustment and Appeals, the Planning Commission and the City Council in
relation to the Zoning Ordinance.
21000.03. RELATION TO COMPREHENSIVE MUNICIPAL PLAN: It is the policy of
the City of Plymouth that the enforcement, amendment, and administration of this Chapter be
accomplished consistent with the recommendations contained in the City Comprehensive Plan, as
developed and amended from time to time by the Planning Commission and City Council of the
City. The Council recognizes the City Comprehensive Plan as the official policy for the regulation
of land use and development in accordance with the policies and purpose herein set forth. In
accordance with Minnesota Statutes Chapter 473, the City will not approve any rezoning or other
changes in these regulations that are inconsistent with the City Comprehensive Plan.
21000.04. STANDARD, REQUIREMENT: Where the conditions imposed by any
provisions of this Chapter are either more or less restrictive than comparable conditions imposed
by other law, ordinance, rule, or regulation of the city, state, or federal government, the law,
ordinance, rule, or regulation which imposes the more restrictive condition, standard, or
requirement shall prevail.
21000.05. CONFORMITY WITH THIS CHAPTER: No structure shall be erected,
converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose
nor in any manner which is not in conformity with the provisions of this Chapter.
21000.06. BUILDING COMPLIANCE: Except as herein provided, no building, structure
or premises shall hereafter be used or occupied and no building permit shall be granted that does
not conform to the requirements of this Chapter.
Page 3
PLYMOUTH ZONING ORDINANCE
21000-2
21000.07. REDUCTION OF YARDS OR LOTS NOT PERMITTED: No yard or lot
existing at the time of passage of this Chapter shall be reduced in dimension or area below the
minimum requirements set forth herein. Yards or lots created after the effective date of this
Chapter shall meet at least the minimum requirements established by this Chapter.
21000.08. MONUMENTS: For the purpose of this Chapter, all international, federal, state,
county and other official monuments, benchmarks, triangulation points, and stations shall be
preserved in their precise locations; and it shall be the responsibility of the applicant to ensure that
these markers are maintained in good condition during and following construction and
development. All section, one-quarter section and one-sixteenth section corners shall be duly
described and tied.
21000.09. USES NOT PROVIDED FOR WITHIN ZONING DISTRICTS: Whenever in
any zoning district a use is not specifically allowed as a permitted accessory, conditional, or interim
use, nor is such use allowed by administrative permit, the use shall be considered prohibited. In
such cases, the City Council or the Planning Commission, on their own initiative or upon request,
may conduct a study to determine if the use is acceptable and if so, what zoning district would be
most appropriate and the determination as to conditions and standards relating to development of
the use. The City Council, Planning Commission or property owner, upon receipt of the staff study
may, if appropriate, initiate an amendment to the Zoning Ordinance to provide for the particular
use under consideration or may find that the use is not compatible for development within the City.
Amended by Ord. No. 2001-06, 02/13/01)
21000.10. SEPARABILITY: It is hereby declared to be the intention of the City that the
several provisions of this Chapter are separable in accordance with the following:
Subd. 1. If any court of competent jurisdiction shall adjudge any provision of this
Chapter to be invalid, such judgment shall not affect any other provisions of this Chapter not
specifically included in said judgment.
Subd. 2. If any court of competent jurisdiction shall adjudge invalid the application
of any provision of this Chapter to a particular property, building, or other structure, such judgment
shall not affect the application of said provision to any other property, building, or structure not
specifically included in said judgment.
21000.11. AUTHORITY: This Chapter is enacted pursuant to the authority granted by the
Municipal Planning Act, Minnesota Statutes, Section 462.351 to 462.363.
21000.12 ZONING MAP: The locations and boundaries of the district established by this
Ordinance are hereby set forth on the Plymouth, Minnesota Zoning Map; and said Map is hereby
made a part of this Ordinance; said Map shall be known as the “Plymouth, Minnesota Zoning
Map.” Said Map and all notations, references and data shown thereon are hereby incorporated by
reference into this Ordinance and shall be as much a part of it as if all were fully described herein.
Page 4
PLYMOUTH ZONING ORDINANCE
21000-3
It shall be the responsibility of the Zoning Administrator to maintain said Map, and amendments
thereto shall be recorded on said Zoning Map within thirty (30) days after official publication of
amendments. The official Zoning Map shall be kept on file in the City Hall.
21000.13 ZONING DISTRICT BOUNDARIES: The boundaries between districts are,
unless otherwise indicated, either the center line of streets, alleys or railroad rights-of-way or lot
lines or section lines or such centerlines or lot lines parallel or perpendicular thereto.
21000.14 FUTURE ANNEXATIONS: Any land annexed to the City in the future shall be
placed in the FRD (Future Restricted Development) district until another zoning classification is
approved by action of the City Council after receipt of the recommendation of the Planning
Commission. (Amended by Ord. No. 2002-02, 01/22/02)
21000.15. PROHIBITED USES: The following uses are prohibited in all zoning districts
within the City:
Subd. 1. Cultivation or harvesting cannabis.
Subd. 2. Cannabis manufacturing.
Subd. 3. Cannabis distribution facilities.
Subd. 4. Cannabis testing laboratories.
Subd. 1. Cultivation or harvesting of cannabis, cannabis manufacturing, cannabis
distribution facilities, and cannabis laboratories for anything other than medical cannabis
use.
Amended by Ord. No. 2015-21, 07/28/15)
Page 5
PLYMOUTH ZONING ORDINANCE
21000-4
Page 6
Cannabis Related:
a) Cannabis: Any species of the genus cannabis plant, or any mixture or preparation
of them including whole plant extracts and resins.
b) Cannabis distribution facility: Any building where the storage or distribution
including either retail or wholesale distribution) of cannabis is performed.
c) Cannabis laboratory: Any permanent building where samples of cannabis are
examined, analyzed or tested.
d) Cannabis manufacturing or manufacture: The process of converting or packaging
harvested cannabis plant material into medical cannabis.
e) 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 of
Health.
f) Qualifying medical condition: A diagnosis of any of the following conditions:
1) Cancer, if the underlying condition or treatment produces one of more of
the following:
i) Severe or chronic pain;
ii) Nausea or severe vomiting; or
iii) Cachexia or severe wasting.
2) Glaucoma;
3) Human immunodeficiency virus or acquired immune deficiency syndrome;
4) Tourette’s syndrome;
5) Amyotrophic lateral sclerosis;
6) Seizures, including those characteristic of epilepsy;
Page 7
7) Severe and persistent muscle spasms, including those characteristic of
multiple sclerosis;
8) Crohn’s disease;
9) Terminal illness, with a probable life expectancy of under one year, if the
illness or its treatment produces one or more of the following:
i) Severe or chronic pain;
ii) Nausea or severe vomiting; or
iii) Cachexia or severe wasting.
10) Any other medical condition or its treatment approved by the Commissioner
of Health or defined in Chapter 152 in State Law, as may be amended.
Page 8
SECTION 21194 – MEDICAL CANNABIS
21194.01. PURPOSE AND INTENT: The purpose of this section is to protect and
promote the general welfare, health, safety, and order within the City of Plymouth through
the regulation of medical cannabis. The provisions of this section are intended to identify
where medical cannabis manufacturing, associated laboratory testing, and distribution are
allowable with the city and the standards they must meet in order to operate in these
identified areas.
21194.03. DISTRICT APPLICATION:
Subd. 1. Medical cannabis manufacturing facilities and testing laboratories
are allowable within the [I-2 (General Industrial) and I-3 (Heavy Industrial)] zoning
district(s) subject to the approval of a conditional use permit, pursuant to the procedures,
general performance standards, and regulations established by Section 21015 of this
Chapter.
Subd. 2. Medical cannabis distribution facilities are allowable within the C-3
Highway Commercial) zoning district subject to the approval of a conditional use permit,
pursuant to the procedures, general performance standards, and regulations established by
Section 21015 of this Chapter.
21194.05. PERFORMANCE STANDARDS:
Subd. 1. All medical cannabis manufacturing facilities and laboratories shall
comply with all of the following performance standards.
a) The operator of a manufacturing facility or laboratory shall secure all
applicable licenses and approvals from the City, County, State or other applicable
jurisdictions before the conditional use permit becomes effective.
b) All cultivation, harvesting, manufacturing, packaging, processing, and
testing of medical cannabis shall take place in a permanent, locked building and may not
be located in a trailer, cargo container or motor vehicle.
c) The facilities shall provide security protection, including but not limited to,
a fully operational alarm system, facility access controls, perimeter detection systems and
a personnel identification system.
d) A manufacturing facility or laboratory shall not be located within 5,280 feet
of any other facility manufacturing, testing or distributing medical cannabis.
Page 9
e) A manufacturing facility or laboratory shall not be located within 1,000 feet
of a public or private school or a religious institution.
f) A manufacturing facility or laboratory shall not be located within (250)
500) feet of residentially zoned property.
g) Any display of merchandise, interior signs, or other exhibits which are
visible from outside these facilities shall be prohibited.
h) The facilities shall provide for proper disposal of cannabis remnants or by-
products; such remnants and by-products shall not be placed within a facility’s exterior
refuse containers.
i) There shall be no emission of dust, fumes, vapors, or odors into the
environment from these facilities.
j) No on-premise consumption shall be permitted.
k) There shall be no retail sales at these facilities.
Subd. 2. All medical cannabis distribution facilities shall comply with all of
the following performance standards.
a) Distribution shall be permitted only for Qualifying Medical Conditions.
b) The operator of a distribution facility shall secure all applicable licenses and
approvals from the City, County, State or other applicable jurisdictions before the
conditional use permit becomes effective.
c) The distribution facility shall be located in a permanent building and may
not be located in a trailer, cargo container or motor vehicle.
d) The distribution facility shall not be located within 5,280 feet of any other
facility manufacturing, testing or distributing medical cannabis.
e) The distribution facility shall not be located within 1,000 feet of a public or
private school or a religious institution.
f) The distribution facility shall not be located within (250) (500) feet of
residentially zoned property.
g) Any display of merchandise, interior signs, or other exhibits which are
visible from outside the distribution facility shall be prohibited.
h) No manufacture or production of medical cannabis shall be permitted at the
facility.
Page 10
i) No on-premise consumption shall be permitted.
j) Off-site delivery is prohibited.
k) No drive-through shall be permitted at the facility.
l) Off-street parking shall be provided at a minimum of 5 spaces per 1,000
square feet of gross floor area.
m) Annually, within 15 days of receipt, a copy of the registration required by
Minn. Stat. 152.25, Subd. 1, as may be amended, shall be provided to the Public Safety
Director.
Page 11
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DOCUMENTS.Medical Cannabis I-2
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MooneyLake
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DOCUMENTS.Medical Cannabis C-2
Properties Page
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BassLake
Parkers Lake
MooneyLake
Pike Lake
GleasonLake
SchmidtLakeHadleyLakeCurtis
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DOCUMENTS.Medical Cannabis C-3
Properties Page
Medicine Lake
BassLake
Parkers Lake
MooneyLake
Pike Lake
GleasonLake
SchmidtLakeHadleyLakeCurtis
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LostLake Turtle
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PomerleauLake
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DOCUMENTS.Medical Cannabis C-4
Properties Page
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Parkers Lake
MooneyLake
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SPECIAL
COUNCIL MEETING
April 26, 2016
Agenda
Number: 2B
To: Mayor and Council
Prepared by: Dave Callister, City Manager
Reviewed by:
Item: Set Future Study Sessions
Calendars are attached to assist with scheduling of study sessions if the Council desires.
Pending Study Session Topics (at least 3 Council members have approved the following study items on
the list):
None at this time.
Other Council requests for Study Session Topics:
None at this time.
Staff requests for Study Session Topics:
None at this time.
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May 2016
3400 Plymouth Boulevard
Plymouth, MN 55447 OFFICIAL CITY CALENDAR Phone: 763-509-5000
Fax: 763-509-5060
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AUTHORITY (HRA)
MEETING
Medicine Lake Room
SUN TUESMON WED THUR FRI SAT
MEMORIAL
DAY
Observed
CITY
OFFICES
CLOSED
5:30 PM
SPECIAL COUNCIL
MEETING
Transit update
Medicine Lake Room
7:00 PM
REGULAR COUNCIL
MEETING
Council Chambers
Modified on 04/15/16 CHACHANGES ARE MADE IN REDN
5:00 PM
SPECIAL COUNCIL
MEETING
Comprehensive Plan
draft vision, goals,
and policies and
Economic
Development Authority
organization
Medicine Lake Room
10:00 AM - 2:00 PM
BARK IN THE PARK
Hilde Performance
Center
6:00 PM
SPECIAL COUNCIL
MEETING
Public Safety update
Medicine Lake Room
Page 2
SUN MON TUE WED THU FRI SAT
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
June 2016
3400 Plymouth Boulevard
Plymouth, MN 55447 OFFICIAL CITY CALENDAR Phone: 763-509-5000
Fax: 763-509-5060
7:00 PM
PLANNING
COMMISSION
MEETING
Council Chambers
7:00 PM
REGULAR COUNCIL
MEETING
Council Chambers
7:00 PM
ENVIRONMENTAL
QUALITY
COMMITTEE
EQC) MEETING
Medicine LakeRoom
7:00 PM
PARK & REC
ADVISORY
COMMISSION
PRAC) MEETING
Plymouth Creek
Center
7:00 PM
PLANNING
COMMISSION
MEETING
Council Chambers
SUN TUESMON WED THUR FRI SAT
Modified on 12/29/15
7:00 PM
HOUSING AND
REDEVELOPMENT
AUTHORITY (HRA)
MEETING
Medicine Lake Room
CHACHANGES ARE MADE IN REDNGES CHANG-
5:00 - 10:15 PM
Music in Plymouth
Hilde
Performance Center
8:00 AM
Music in
Plymouth 5K
Fun Run
Page 3
SUN MON TUE WED THU FRI SAT
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
July 2016
3400 Plymouth Boulevard
Plymouth, MN 55447 OFFICIAL CITY CALENDAR Phone: 763-509-5000
Fax: 763-509-5060
5:30 PM
SPECIAL COUNCIL
MEETING
Trail/sidewalk snow
removal routes for
2016-2017
Medicine Lake Room
7:00 PM
REGULAR
COUNCIL MEETING
Council Chambers
7:00 PM
ENVIRONMENTAL
QUALITY
COMMITTEE (EQC)
MEETING
Medicine Lake Room
INDEPENDENCEDAY
CITY OFFICES
CLOSED
7:00 PM
HOUSING AND
REDEVELOPMENT
AUTHORITY (HRA)
MEETING
Medicine Lake Room
5:30 - 8:30 PM
Kids Fest
Hilde
Performance Center
7:00 PM
REGULAR
COUNCIL MEETING
Council Chambers
SUN TUESMON WED THUR FRI SAT
CHACHACHANGES ARE MADE IN REDModifiedon04/13/2016
7:00 PM
PLANNING
COMMISSION
MEETING
Council Chambers
7:00 PM
PLANNING
COMMISSION
MEETING
Council Chambers
31
Page 4
SUN MON TUE WED THU FRI SAT
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
August 2016
3400 Plymouth Boulevard
Plymouth, MN 55447 OFFICIAL CITY CALENDAR Phone: 763-509-5000
Fax: 763-509-5060
7:00 PM
PLANNING
COMMISSION
MEETING
Council Chambers
8:00 PM
REGULAR COUNCIL
MEETING
Council Chambers
7:00 PM
ENVIRONMENTAL
QUALITY
COMMITTEE
EQC) MEETING
Medicine LakeRoom
7:00 PM
PLANNING
COMMISSION
MEETING
Council Chambers
7:00 PM
HOUSING AND
REDEVELOPMENT
AUTHORITY (HRA)
MEETING
Medicine Lake Room
SUN TUESMON WED THUR FRI SAT
5:30 PM
SPECIAL COUNCIL
MEETING
Budget/CIP
Medicine Lake Room
7:00 PM
REGULAR COUNCIL
MEETING
Council Chambers
Modified on 04/13/2016 CHANGES ARE NOTED IN RED
2:30-5:00 PM
NIGHT TO UNITE
KICKOFF
Plymouth Creek Center
6:30-9:30 PM
NIGHT TO UNITE
CITY COUNCIL
FILINGS OPEN
CITY COUNCIL FILINGS
CLOSE 5:00 PM
CHACHANGES ARE MADE IN REDN
STATE PRIMARY
ELECTION DAY
Polls open
7:00 AM to 8:00 PM
10:00 AM - 3:00 PM
ABSENTEE VOTING
ABSENTEE VOTING
Until 5:00 PM
CITY COUNCIL FILINGS
DEADLINE TO
WITHDRAW 5:00 PM
6:00 PM
SPECIAL COUNCIL
MEETING
Budget/CIP
Medicine Lake Room
6:00 PM
SPECIAL COUNCIL
MEETING
If Needed)
Budget/CIP
Medicine Lake Room
Page 5