HomeMy WebLinkAboutOrdinance - 5-2015 - Amending City Code Chapter 11 Related to Medical Cannabis - 05/14/2015 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 5-2015
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE CHAPTER 11, SECTIONS 11.20 AND 11.30 RELATING TO MEDICAL
CANNABIS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY
PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Chapter 11, Section 11.20 is hereby amended by inserting a new
Subdivision 4 to read as follows:
Subd. 4. Medical Cannabis.
A. Findings and Purpose. The Minnesota Legislature in Minn. Stat. §152.22 through
§152.37 has legalized the distribution of medical cannabis with significant restrictions.
The Council finds that it is appropriate to identify in the City Code the zoning districts in
which a medical cannabis distribution facility is an allowable use. The Council finds that
as a unique and highly regulated use medical cannabis distribution requires specific
regulations.
B. Definitions. All definitions set forth in Minn. Stat. 152.22 through 152.37 and Minn.
Rules Chap. 4770, as each may be amended from time to time apply to this Subdivision.
In addition, as used in this Subdivision, the following term shall have the meaning stated:
1. Medical Cannabis Distribution Facility ("Facility") is a "Distribution Facility" as
defined by Minn. Rule 4770.0200, Subp. 13 as in effect as of May 30, 2014.
C. Permitted Use. Medical Cannabis Distribution Facility is a permitted use in the OFC
Office District subject to the restrictions contained in this Subdivision.
D. Performance Standards. All Medical Cannabis Distribution Facilities shall comply with
all of the following performance standards.
1. Distribution shall be permitted only for the Qualifying Medical Conditions
defined in Minn. Stat. 152.22, Subd. 14 in effect as of May 30, 2014.
2. The use shall comply with all provisions in Minn. Stat. 152.22 through 152.37
and Minn. Rules Chap. 4770 as each may be amended from time to time,
including but not limited to the following:
a) Security requirements set forth in Minn. Stat. 152.29, Subd. 1 (d) and
Minn. Rules Chap 4770.0700, 4770.0900, 4770.1000 and 4770.1400.
b) Prohibition against sharing space or a financial relationship with a health
care practitioner set forth in Minn. Stat. 152.29, Subd. 1 (e).
c) Prohibition against consumption of medical cannabis on the property set
forth in Minn. Stat. 152.29, Subd. 2 (f).
d) Inspections imposed pursuant to Minn. Stat. 152.29, Subd. 2 (g).
e) Personnel regulations, including prohibition against employing any person
under the age of 21 and required background checks, set forth in Minn.
Stat. 152.29, Subd. 2 (i).
f) Prohibition against operation within 1000 feet of a school set forth in
Minn. Stat. 152.29, Subd. 2 0) and Minn. Rule 4770.0600.
g) Licensing requirements set forth in Minn. Stat. 152.29, Subd. 3.
h) Prohibition against any displays of merchandise, interior signs, or other
exhibits which are visible from outside of the Facility set forth in Minn.
Rule 4770.0800, Subp 3.
3. No manufacture or production of Medical Cannabis shall be permitted at the
Facility.
4. No drive-thru shall be permitted at the Facility.
5. In lieu of the "Off-Street Parking Facilities" provisions set forth in City Code
Section 11.03, Subd. 3 H., off street parking facilities located at the Facility shall
provide a minimum of 5 parking spaces per 1,000 square feet of gross floor area.
6. Annually, within 15 days of receipt, a copy of the registration required by Minn.
Stat. 152.25, Subd. 1 shall be provided to the Chief of Police.
Section 2. City Code Chapter 11, Section 11.30 is hereby amended by inserting a new
Subdivision 4 to read as follows:
A. Findings and Purpose. The Minnesota Legislature in Minn. Stat. §152.22 through
§152.37 has legalized the distribution of medical cannabis with significant restrictions.
The Council finds that it is appropriate to identify in the City Code the zoning districts in
which a medical cannabis distribution facility is an allowable use. The Council finds that
as a unique and highly regulated use medical cannabis distribution requires specific
regulations.
B. Definitions. All definitions set forth in Minn. Stat. 152.22 through 152.37 and Minn.
Rules Chap. 4770, as each may be amended from time to time apply to this Subdivision.
In addition, as used in this Subdivision, the following term shall have the meaning stated:
1. Medical Cannabis Distribution Facility ("Facility") is a "Distribution Facility" as
defined by Minn. Rule 4770.0200, Subp. 13 as in effect as of May 30, 2014.
C. Permitted Use. Medical Cannabis Distribution Facility is a permitted use in the I-2
Industrial Park District as identified on the Zoning Map of the City of Eden Prairie
subject to the restrictions contained in this Subdivision.
D. Performance Standards. All Medical Cannabis Distribution Facilities shall comply with
all of the following performance standards.
1. Distribution shall be permitted only for the Qualifying Medical Conditions
defined in Minn. Stat. 152.22, Subd. 14 in effect as of May 30, 2014.
2. The use shall comply with all provisions in Minn. Stat. 152.22 through 152.37
and Minn. Rules Chap. 4770 as each may be amended from time to time,
including but not limited to the following:
a) Security requirements set forth in Minn. Stat. 152.29, Subd. 1 (d) and
Minn. Rules Chap 4770.0700, 4770.0900, 4770.1000 and 4770.1400.
b) Prohibition against sharing space or a financial relationship with a health
care practitioner set forth in Minn. Stat. 152.29, Subd. 1 (e).
c) Prohibition against consumption of medical cannabis on the property set
forth in Minn. Stat. 152.29, Subd. 2 (f).
d) Inspections imposed pursuant to Minn. Stat. 152.29, Subd. 2 (g).
e) Personnel regulations, including prohibition against employing any person
under the age of 21 and required background checks, set forth in Minn.
Stat. 152.29, Subd. 2 (i).
f) Prohibition against operation within 1000 feet of a school set forth in
Minn. Stat. 152.29, Subd. 2 0) and Minn. Rule 4770.0600.
g) Licensing requirements set forth in Minn. Stat. 152.29, Subd. 3.
h) Prohibition against any displays of merchandise, interior signs, or other
exhibits which are visible from outside of the Facility set forth in Minn.
Rule 4770.0800, Subp 3.
3. No manufacture or production of Medical Cannabis shall be permitted at the
Facility.
4. No drive-thru shall be permitted at the Facility.
5. In lieu of the "Off-Street Parking Facilities" provisions set forth in City Code
Section 11.03, Subd. 3 H., off street parking facilities located at the Facility shall
provide a minimum of 5 parking spaces per 1,000 square feet of gross floor area.
6. Annually, within 15 days of receipt, a copy of the registration required by Minn.
Stat. 152.25, Subd. 1 shall be provided to the Chief of Police.
Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the
Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 4. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21" day
of April, 2015, and finally read and adopted and ordered published at a regular meeting of the
City Council of said City on the 5th day of May, 2015.
IL
Ka leen Porta, City Clerk Nan -L n yo
Published in the Eden Prairie News on the 141h day of May, 2015.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 5-2015
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE CHAPTER 11, SECTIONS 11.20 AND 11.30 RELATING TO MEDICAL
CANNABIS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY
PROVISIONS.
The following is only a summary of Ordinance No. 5-2015. The full text is available for public
inspection by any person during regular office hours at the Office of the City Clerk.
SUMMARY: The Ordinance adds Subdivision 4 to City Code Sections 11.20 and 11.30 defining
as a permitted use and establishing regulations for a medical cannabis distribution facility; and
incorporates, by reference, City Code Chapter 1 and City Code Section 11.99, which contain
provisions relating to penalties.
EFFECTIVE DATE. This Ordinance shall take effect upon publication.
ATTEST:
14awc".1 9&
too
Kat een Porta, City Clerk ncy a- ens,-Mayor
PUBLISHED in the Eden Prairie News on May 14, 2015.
Affidavit of Publication
Southwest Newspapers
State of Minnesota )
)SS.
CITY OF EDEN PRAIRIE County of Hennepin )
HENNEPIN COUNTY,
MINNESOTA
SUMMARY OF ORDINANCE
NO.5-2015
AN ORDINANCE OF THE Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the
CITY OF EDEN PRAIRIE, publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and
MINNESOTA AMENDING CITY has full knowledge of the facts herein stated as follows:
CODE CHAPTER 11,SECTIONS '
11.20 AND 11.30 RELATING TO (A) This newspaper has complied with the requirements constituting qualification as a legal
MEDICAL CANNABIS; AND newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
ADOPTING BY REFERENCE amended.
CITY CODE CHAPTER 1 AND �O
SECTION 11.99 WHICH AMONG (B)The printed public notice that is attached to this Affidavit and identified as No.3
OTHER THINGS CONTAIN published on the date or dates and in the newspaper stated in the attached Notice and said
PENALTY PROVISIONS. was P
The following is only a Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
summary of Ordinance No.5-2015. the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
The full text is available for public inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
inspection by any person during and publication of the Notice:
regular office hours at the Office
of the City Clerk. abcdefghijklmnopgrstu wxyz
SUMMARY: The Ordinance
adds Subdivision 4 to City
Code Sections 11.20 and 11.30
defining as a permitted use and
establishing regulations fora Laurie A.Hartmann
medical cannabis distribution
facility; and incorporates, by
reference, City Code Chapter
1 and City Code Section 11.99, Subscribed and sworn before me on
which contain provisions relating
to penalties.
EFFECTIVE DATE. This L11
Ordinance shall take effect upon I
publication. this day of 2015
Nancy Tyra-Lukens,Mayor
Attest: Kathleen Porta,City
Clerk
(Published in the Eden Prairie L� dal ' F- 'kri.K t
News on Thursday,May 14,2015; � d0T1V1'f FI RX I),N ESCTi. 2
No.3850) y �
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RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch
Maximum rate allowed by law for the above matter...................................$31.20 per column inch
Rate actually charged for the above matter...............................................$12.59 per column inch