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03-31-2015 MARCH APRIL MEMBERS S M T W T F S S M T W T F S �CNE I L �UNKE 1 2 3 4 5 6 7 1 2 3 4 �FISHER TAIT � 8 9 10 11 12 13 14 5 6 7 8 9 10 11 ✓IRTH �/WALLACE-JACKSON 15 16 17 18 19 20 21 12 13 14 15 16 17 18 �KERSSEN 1/?,NDERSON 22 19 20 21 22 23 28 19 20 21 22 23 24 25 29 30 31 26 27 28 29 30 AGENDA ZONING & PLANNING COMMISSION Tuesday, March 31, 2015 REGULAR MEETING 6:30 P.M. COUNCIL CHAMBERS ----------------------------------------------------- ITEM: Approve and sign minutes of the February 24, 2015, regular meeting. � COMMISSION ACTION: / / / / CASE NO. ZN15-4 ZONING AMENDMENTS MIXED USE Public Public hearing to consider amending the mixed use zoning district Hearing COMMISSION ACTION: / / / / ITEM: MORATORIUM ON MEDICAL CANNABIS ADJOURNMENT ,--. ��v�'�"L�G��� :L� ^ ZONING AND PLANNING COMMISSION MINUTES February 24, 2015 A regular meeting of the Hopkins Zoning and Planning Commission was held on Tuesday, February 24, 2015, at 6:30 p.m. in the Council Chambers of Hopkins City Hall. Present were Commission Members Brian Hunke, Scott Kerssen, Matt McNeil, Mike Tait, Charles Firth, Emily Wallace-Jackson and Andrew Fisher. Also present was staff inember Nancy Anderson. CALL TO ORDER Mr. Kerssen called the meeting to order at 6:30 p.m. in the Council Chambers. APPROVAL OF MINUTES Mr. McNeil moved and Mr. Fisher seconded the motion to approve the minutes of the January 27,2015, regular meeting. The motion was approved unanimously. � ITEM: CONDITIONAL USE PERMIT—LIFT STATION Ms. Anderson reviewed the proposed lift station. Adam Gordon of the Met Council appeared before the Commission. Mr. Gordon stated that the old lift station was constructed in 1971, and if it fails, there is only a 10-minute response time. The new lift station will have an hour response time. Mr. Gordon reviewed the building and site improvements with the Commission. Mr. Gordon also stated that an employee will be at the station Monday-Friday for about 15 minutes. The public hearing was opened at 6:50 p.m. No one appeared at the public hearing. Mr. Firth moved and Mr. Hunke seconded a motion to close the public hearing. The motion was approved unanimously. The public hearing was closed at 6:51 p.m. Mr. McNeil moved and Mr. Firth seconded a motion to adopt Resolution RZ15-3, recommending approval of a conditional use permit to construct a lift station at 402 Hiawatha Avenue. The motion was approved unanimously. ITEM: SITE PLAN APPROVAL—LIFT STATION Ms. Anderson reviewed the proposed lift station. The public hearing was opened at 6:52 p.m. Diana Glasgow appeared at the public meeting. Ms. Glasgow's parents have a home on Hiawatha Avenue. Ms. Glasgow asked various ^ questions regarding height, whether Hiawatha Avenue would be closed, and materials on the building. �,� ��`�.��� [�'���'�,�: MINUTES OF THE ZONING AND PLANNING MEETING, February 24, 2015 Page 2 Mr. Fisher moved and Mr. McNeil seconded a motion to close the public hearing. T'he motion was approved unanimously. The public hearing was closed at 7:02 p.m. �' Mr. Hunke moved and Mr. McNeil seconded a motion to adopt Resolution RZ15-4, recommending approval of a site plan to construct a lift station at 402 Hiawatha Avenue. The motion was approved unanimously. ITEM: ZONING AMENDMENT—STORM WATER ORDINANCE Ms. Anderson reviewed the reasons for the amendments to the Storm Water ordinance. The public hearing was opened at 7:05 p.m. No one appeared at the public hearing. Mr. Firth moved and Mr. Fisher seconded a motion to close the public hearing. 'The motion was approved unanimously. The public hearing was closed at 7:06 p.m. Mr. McNeil moved and Mr. Hunke seconded a motion to adopt Resolution RZ15-5, recommending approval of Ordinance 15-1088. The motion was approved unanimously. ITEM: ZONING AMENDMENTS—INDUSTRIAL DISTRICTS Ms. Anderson reviewed the reasons for the amendments. The public hearing was opened at 7:12 p.m. No one appeared at the public hearing. Mr. McNeil moved and Mr. Firth seconded a motion to close the public hearing. The motion was approved � unanimously. The public hearing was closed at 7:13 p.m. Mr. McNeil moved and Mr. Hunke seconded a motion to adopt Resolution RZ15-6, recommending approval of Ordinance 15-1087. The motion was approved on a 6-1 vote. Mr. Tait voted nay. ADJOURN Mr. McNeil moved and Ms. Wallace-Jackson seconded a motion to adjourn the meeting. The motion was approved unanimously. The meeting was adjourned at 7:15 p.m. MEMBERS � MINUTES OF THE ZONING AND PLANNING MEETING, February 24, 2015 Page 3 �... ATTEST: Scott Kerssen, Chair �. �� �. March 24, 2015 Planning Report ZN 15-4 ZONING ORDINANCE AMENDMENT-MIXED USE Proposed Action Staff recommends the following motion: Move to adopt Resolution 15-7, recommendin� �,proval of Ordinance 15-1091, amendin�the zoning ordinance regarding setback and Floor Area Ratio (FAR) in the Mixed Use zoning district. Overview Several years ago the City adopted the mixed use zoning district ordinance. The ordinance was adopted with standards that the staff thought would be appropriate. Now that Gallery Flats has been constructed and there is another proposed aparhnent building on Eighth Avenue and Excelsior Boulevard, staff is proposing amending the ordinance regarding Floor Area Ratio (FAR) and setbacks. .--, Primarv Issue to Consider • What are the proposed amendments? SupAortinS Documents • Analysis of Issues • Resolution RZ15-7 • Ordinance 15-1091 Nancy . derson, AICP City Pl er Financial Impact: $ N/A Budgeted: Y/N N_ Source: Related Documents (CIP, ERP, etc.): �-. Notes: ZN 15-4 Page 2 Primarv Issue to Consider � • What are the proposed amendments? 543.17. Subd. 3. Floor Area Ratio Mixed use building minimum FAR— 4 3 543.18. Subd. 4. Height Minimum height four stories from Excelsior Blvd to alley south of Mainstreet Minimum FAR— 4 3 543.18. Subd. 5. Setbacks Rear vard setback abuttin�public ri t of—way 50 feet or more in width: minimum 0 -maximum 1 foot Alternatives l. Recommend approval of the proposed amendments to the zoning ordinance. By � recommending approval of the amendments to the zoning ordinance, the City Council will consider a recommendation of approval. 2. Recommend denial of the amendments to the zoning ordinance. By recommending denial of the amendments to the zoning ordinance, the City Council will consider a recommendation of denial. If the Planning Commission considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further information. If the Planning Cornmission indicates that further information is needed, the item should be continued. � CITY OF HOPKINS "� Hennepin County, Minnesota RESOLUTION NO: RZ15-7 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF ZONING AMENDMENTS TO THE MIXED USE ZONING DISTRICT WHEREAS, an application for Zoning Amendment ZN15-4 has been initiated by the City of Hopkins; WHEREAS, the procedural history of the application is as follows: 1. That an application for zoning amendment was initiated by the City of Hopkins; 2. That the Hopkins Zoning and Planning Commission published notice, held a public hearing on the application and reviewed such application on March 31, 2015: all persons present were given an opportunity to be heard; and, ^ 3. That the written comments and analysis of City staff were considered. NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN15-4 is hereby recommended for approval based on the following Findings of Fact: 1. That the Zoning and Planning Commission reviewed the proposed ordinance. 2. That it was determined that a lessor FAR and setbacks are appropriate. Adopted this 31 st day of March 2015. ATTEST: Charlie Firth, Vice Chair � CITY OF HOPHINS Hennepin County, Minnesota � ORDINANCE NO. 2015-1091 THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: That the Hopkins Zoning Ordinance No. 543 is the same and is hereby amended by adding the following underlined language and deleting the following st�e�� language, which reads as follows: 543.17. Subd. 3. Floor Area Ratio Mixed use building minimum FAR—4 3 543.18. Subd. 4. Height Minimum height four stories from Excelsior Blvd to alley south of Mainstreet Minimum FAR—4 3 543.18. Subd. S. Setbacks Rear vard setback abuttin�a public ri t of—way 50 feet or more in width: �' minimum 0 - maa�imum 1 foot First Reading: Apri17, 2015 Second Reading: Apri121, 2015 Date of Publication: Apri130, 2015 Date Ordinance Takes Effect: Apri130, 2015 Eugene J. Maxwell, Mayor ATTEST: � --1 Amy Domeier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date �� �� -� MEMO To: Zoning and Planning Commission From: Nancy Anderson Date: March 23, 2015 Subject: Medical cannabis moratorium In the 2014 legislative session the legislature passed a medical cannabis program. Last fall the Minnesota Department of Health selected two manufacturers responsible for growing, manufacturing and the distribution of inedical cannabis products. These manufacturing facilities are located in Cottage Grove and Otsego. The state law allows up to eight medical distribution centers throughout the state. The state law also allows medical cannabis to begin supplying patients on July 1, 2015. Currently the City of Hopkins has no zoning and land use regulations regarding medical cannabis. � At the April 7th City Council meeting, the Council will have the first reading on a one- year moratorium on manufacturing and distribution facilities of inedical cannabis within the City. The interim ordinance will allow the City staff to study the manufacturing and distribution of inedical cannabis and determine if the zoning ordinance needs to be amended for this use. Attachments --� CITY OF HOPKINS Hennepin County, Minnesota � Ordinance No. 2015-1092 An Interim Ordinance Temporarily Prohibiting Medical Cannabis Manufacturing and Distribution Facilities THE CITY OF HOPKINS, MINNESOTA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. 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 Legistature's passage of the Medical Cannabis Therapeutic Research Act of 2014, Minnesota Session Laws, Chapter 311, §§ 1-22 (2014)(the "Act"). B. The City finds that medical cannabis manufacturing and distribution facilities represent new land uses not presently addressed in the City's official controls and never previously studied by the City. C. 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, which 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 Minnesota Commissioner of Health. Medical Cannabis Manufacturer. Any 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 inedical 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 Hopkins time to complete an in- depth study concerning adoption of revisions of the City's official controls for medical cannabis 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 5. 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 on the date of publication 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 7th day of April, 2015, by the City Council of Hopkins, Minnesota. First Reading: April 7, 2015 Second Reading: April 21, 2015 --� Date of Publication: April 30, 2015 Date Ordinance Takes Effect: April 30, 2015 �. Eugene J. Maxwell, Mayor ATTEST: Amy Domeier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date � � Vledica9 marijuan�manufacturers prepare for business�Minnesota Pu... http://www.mprnews.org/story/2015/03/10/medical-marijuana nnPRnews �4edical marijuana manufacturers prepare for business .am Feshir • Mar 10, 2015 Business A sample of packaging created by Minnesota Medical Solutions.The company is one of two manufacturers approved by the state Department of Health to grow, process and sell medical cannabis in pill or oil form beginning July 1. Courtesy of Minnesota Medical Solutions Minnesota medical marijuana manufacturers have lined up several dispensary sites throughout state and are set to have the first harvest over the next few weeks. In Minneapolis,construction is under way on the city's first dispensary—a standalone ioo-year-old downtown building that once housed the League of Catholic Women.This summer,it is expected to be one company's flagship dispensary. The state Department of Health has approved two manufacturers,Leafl.ine Labs and Minnesota Medical Solutions, also known as MinnMed,to grow,process and sell medical cannabis in pill or oil form to Minnesotans starting July i. •December 2014:Minnesota's flrst medlcal pot makers get the OK to get growing(http://www.mprnews.org/story/2014/12 /01/minnesota-medical-marijuana) �—ch manufacturer is allowed four distribution centers around the state.MinnMed may locate dispensaries only in numbered Minnesota congressional districts and Leafl.ine Labs in the even numbered districts.The people aiiowed to purchase medicinal cannabis must have one of the io medical conditions specified by the state. LeafLine is taldng a measured approach.The medical cannabis company that includes members of the Bachman floral and garden store family,expects to open its first site in Eagan July i.The other dispensaries in St.Paul,St. Cloud and Hibbing will open as the number of registered patients grows. MinnMed,on the other hand,has all four sites lined up with target opening dates in July and August.The company will start remodeling a dispensary in a Rochester strip mall over the next few weeks.The company expects to close on a property in Moorhead for its third site and likely will open the fourth either in Minnetonka or Eden Prairie by August. "It's about patient access and we can't have just one site and expect the whole state to come there,"MinnMed CEO Kyle Kingsley said. "It was important to us that we do our best to be aggressive." LeafLine Labs cofounder and medical director Gary Starr said selected dispensary sites were not"pure choice,but also based on availability." The law eliminates a lot of possibilities.No dispensary could stand closer than �,000 feet to public or private schools. Distribution facilities also must be spread throughout the state to improve patient access. Starr,whose company was chosen in early December,said the compressed timeline forced the company to make �ation decisions based on relatively quick conversations with local officials,at least those willing to have the �ersation in the first place. A number of�vin Cities western suburbs and Duluth passed six-to i2-month moratoriums to stop dispensaries from coming to their cities,citing the need for additional studies to possibly update zoning requirements. l of4 03/12/2015 1:12 PM vledical marijuana manufacturers prepare for business �Minnesota Pu... http://www.mprnews.org/story/2015/03/10/medical-marijuana Medical marijuana advocate Patrick McClellan said he thought he was done lobbying for the drug until he stood before Bloomington city leaders in January to ask them not to pass a moratorium on distribution and manufacturing. "People in my position and people who are terminally ill don't need any more obstacles to get medication that the state says is now legal,"said McClellan,who suffers from adult onset muscular dystrophy. '� In Duluth,city leaders fresh from fights with one prominent seller of svnthetic drugs(http://w�vw.mprnews.org /story/2oi4/o8/i4/duluth-head-shoQ owner-sentenced),wanted to take some time to evaluate the effect of a medical cannabis outlet. But some city officials said they didn't want to rule out legalized medical marijuana distribution because of the city's history with illegal substances. "I want to make sure that we're not making a mistake here and again being too hypersensitive,"Duluth City Council Member Sharla Gardner said. "It's very important that we as a city not tar medical cannabis with the same brush." Duluth City Manager Dave Montgomery said the moratorium,which is up in May,is not intended to be a ban on medical marijuana in the city. "We're simply looking for six months so that we didn't have a rapid development of a process here before we had a chance to really evaluate what the implications might be,"he said before the City Council passed the moratorium in a divided 6-g vote last November. Duluth falls in Leafl.ine Labs'jurisdiction,but the company is opting to open shop in Hibbing instead. Dispensaries will resemble secured medical clinics. State law requires a pharmacist on hand at each one of them and a registered patient list.One difference from clinics:the dispensaries will not accept credit cards. Prescriptions are eacpected to cost about$50o for a month's supply. � MinnMed was interested in opening a dispensary in Bloomington because of its central location and close proximity to a number of interested patients,Kingsley said.But the city balked over concerns that a dispensary with a large amount of cash would attract crime. "There is nationally a recognized black market for(marijuana),"Bloomington City Attorney Sandra Johnson said. "The stolen product is sold at a reduced cost. "We don't know what's going to happen in Minnesota.This is brand new." A recent Minnesota Department of Health informal surve�it�//www.mprnews.org/story/2oi5,/o2/2�/survey- medical-marijuana)of i,36i potential participants in the Minnesota Medical Cannabis program found about half of the interested users reported their qualifying condition as multiple sclerosis or severe muscle spasms. The state expects to begin enrolling patients in the program by June. MDH Assistant Commissioner Manny Munson-Regala said the law requires manufacturers to have at least one distribution site open by July 2oi5 and the remaining three by July 2oi6. It's typical to encounter hurdles when opening up any type of business,he said.In this business"you add onto that this weird little dynamic"and things get even more complicated. "I think the folks who want to move forward with this program underestimate the amount of trepidation there is out there,"Munson-Regala said. "The folks who are so passionate and believe this is what we should do forget there is a �.�„r sizable number of people that are not sure." 2 of4 03/12/2015 1:12 PM