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Apple Valley council denies request to exempt PD 290 Zone 4 from cannabis buffer rules
Summary
The City Council voted Nov. 25 to deny a text amendment that would have exempted cannabis retailers in PD 290 Zone 4 from setback buffers in city code after planning staff and the planning commission recommended denial; the applicant asked for relief so his shop could qualify for state registration.
Apple Valley’s City Council on Nov. 25 rejected a local zoning text amendment that would have exempted cannabis retailers in PD 290 Zone 4 from the city’s protected-use buffer requirements.
Planning staff told the council the amendment conflicted with section 155.32 of city code and would reduce protections for sensitive uses. Carter, a city planner, said the Planning Commission held a public hearing on Nov. 5, received no public comment and unanimously recommended denial of the request.
The applicant, Mike Malick, identified himself as the owner of the tobacco shop at the parcel in question and asked the council for an exemption so his business could qualify for Minnesota cannabis business registration. “I already have secured the cannabis retail license,” Malick said. He told the council he had measured the distance to a nearby Spanish immersion academy at roughly 300 feet and asked for reconsideration after the Planning Commission denied the request.
Councilmember Melander moved and Councilmember Bergman seconded a resolution to deny the draft ordinance amendment; the council approved the motion by voice vote.
Carter told the council that PD 290 Zone 4 allows retail uses including cannabis retailers but that the parcel sits about 272 feet from a daycare and 826 feet from a school under current mapping, making it ineligible for registration under adopted buffer standards. He said an approval to exempt the zone would apply to all properties in Business 4 within the PD, including multi-tenant retail buildings and a nearby Applebee’s.
The council’s action preserves the buffer distances adopted in the city’s cannabis regulations (adopted Oct. 24, 2024) which prohibit locating cannabis businesses within 1,000 feet of schools and existing cannabis businesses and 500 feet from parks, daycares and residential treatment facilities.
The council did not schedule further action on the request; Carter and the applicant were present at the meeting to answer questions.
