Loading...
ITEM 3.5 MinneMedIV otS11.1= O MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Planning City Planner Licht 8 February 2016 PRESENTER(s): REVIEWED BY: ITEM #: Consent Agenda City Administrator Johnson 3.5 — MinnMed AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of the applications to allow development of a State licensed medical cannabis production facilitv for MinnMed. ARE YOU SEEKING APPROVAL OF A CONTRACT? 01 BACKGROUND/JUSTIFICATION: IS A PUBLIC HEARING REQUIRED? Held by Planning Commission 20 July 2015. Minnesota Medical Solutions LLC (MinnMed) is proposing development of a 312,425 square foot growing and production facility for medical cannabis on a 30 acre site at the northwest corner ofJalger Avenue and 77th Street identified as 7971 Jalger Avenue NE. The subject site is currently undeveloped and used for agricultural cultivation. The proposed development involves consideration of applications for a Zoning Ordinance text amendment, Zoning Map amendment, conditional use permit and preliminary/final plat. A public hearing to consider the applications wash the Planning Commission meeting on 20 July 2015. Minutes of the Planning Commission meeting are attached. Following the public hearing, the applicant requested a delay in City Council consideration of the application to allow them to propose changes to the exterior materials of the proposed building and to submit the required final plat. Under Minnesota Statutes 15.99, zoning application must be acted upon within 60 days of receipt of an application, which the City can and did extend to 120 days. Subdivision applications are required to be acted upon within 120 days in accordance with Minnesota Statutes 462.356, Subd. 3b. The applicant granted an extension of the Statutory review period and additional 120 days to 17 February 2016. The City has not received updated information regarding the application or an extension of the current deadline for City Council action. As such, City staff is recommending that the City Council consider the application as it was originally presented and the recommendations of the Planning Commission. Findings of fact consistent with the recommendations of the Planning Commission are attached for this purpose. The applicant subsequently has the option to move forward with the development as approved, apply for an amendment to the approval, or not develop the project and let the approval expire within one year in accordance with the Zoning Ordinance. If the City Council does not take action on the application before 17 February 2016 without an extension by the applicant, the project would be automatically approved as it was submitted without the conditions recommended by City staff and the Planning Commission. SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE A. Planning Report dated 17 July 2015 B. Engineering memorandum dated 7/16/15 C. Minutes of the July 20, 2015 Planning Commission meeting D. Ordinance 2016-02 allowing State Licensed Medical Cannabis Production by CUP in the A-2 District E. Findings of Fact re: Zoning Map amendment F. Ordinance 2016-03 amending the Zoning Map G. Findings of Fact re: Conditional Use Permit and Preliminary/Final Plat POSSIBLE MOTIONS Please word motion as you would like it to appear in the minutes. 1. Motion to adopt Ordinance 2016-02 amending the Zoning Ordinance to make allowance for State licensed medical cannabis production facilities as a conditional use within the A-2 District. 2. Motion to adopt Ordinance 2016-03 amending the Zoning Map, and approve a conditional use permit and preliminary/final plat subject to the 15 conditions outlined in the findings of fact dated February 2, 2016 for Minnesota Medical Solutions, LLC. BUDGET INFORMATION FUNDING: BUDGETED: ❑ YES NA ❑ NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 66303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPC(_aPlanningCo.com PLANNING REPORT TO: Otsego Planning Commission FROM: Daniel Licht, AICP DATE: 17 July 2015 60-DAY DATE: 22 August 2015 RE: Otsego — Minnesota Medical Solutions TPC FILE: 101.02 BACKGROUND Minnesota Medical Solutions LLC (MinnMed) is proposing development of a 312,425 square foot growing and production facility for medical cannabis on a 30 acre site at the northwest corner of Jalger Avenue and 77th Street identified as 7971 Jalger Avenue NE. The subject site is currently undeveloped and used for agricultural cultivation. The proposed development involves consideration of applications for a Zoning Ordinance text amendment, Zoning Map amendment, conditional use permit and preliminary/final plat. A public hearing to consider the applications has been noticed for the Planning Commission meeting on 20 July 2015 at 7:OOPM. Exhibits: A. Draft Zoning Ordinance Amendment B. Applicant Narrative C. Site Location D. City Submittal dated 06.23,2015 ANALYSIS Use. The proposed State licensed medical cannabis manufacturing facility is unique in that it involveS cultivation of plants along with production and packaging of pharmaceutical medicines for distribution. Distribution of the pharmaceutical medicine will occur at locations within four of the State's eight Congressional Districts and not in the City. Based on the significant agricultural element of the proposed use, City staff recommends allowing the use within the A- 2, Long Range Urban Service Area. Allowance in the A-2 District will require a Zoning Map amendment application giving the City maximum discretion to determine the appropriateness of the use at a specific location. City staff further recommends that the use be a conditional use within the A-2 District to provide the City additional oversight to ensure that adequate infrastructure is in place to serve the use and that the activity will be compatible with existing and planned surrounding land uses. To this end, although the use will be located in the A-2 District, City staff recommends requiring performance standards applicable to industrial uses to ensure the highest standards of development. However, the City will, for the most part, defer to the requirements of Minnesota Rules 4770 to regulate the actual operation of the use under the State license. A draft ordinance amending the Zoning Ordinance to allow State licensed medical cannabis production facility as a conditional use within the A-2 District is attached for review as Exhibit A. Comprehensive Plan. The 2012 Comprehensive Plan guides the subject site for future industrial uses within the West Sewer District and encourages industrial development to create new job opportunities within Otsego and expand the local tax base. Until such time as sanitary sewer and water utilities are available to the subject site, the Comprehensive Plan establishes an interim use plan to maintain agricultural uses. The proposed use is a unique agricultural - industrial use involving the cultivation of plants and production of pharmaceutical medicine from the harvested plant material that is compatible with the existing and planned uses in the area and that meets the City's economic development goals. Zoning. The subject site is zoned A-1, Agriculture Rural Service District. City staff has proposed allowing the use as a conditional use within the A-2 District. As such, the application includes a request to amend the Zoning Map to rezone the subject site from A-1 District to A-2 District. Surrounding Uses. The subject site is surrounded by the following existing and planned land uses identified in the table below. Based on the area of the subject site, separation from adjacent rural residential uses and enclosed nature of the use's cultivation and production functions, no compatibility issues will occur. Direction Land Use Plan Zoning Map Existing Use North Industrial A-1 District Agriculture East Industrial A-1 District Agriculture South Industrial INS District MN/Road West Industrial A-1 District A-2 District Rural Residential Forestry %i Building. The proposed building includes 58,409 square feet of office, lab and production facilities and up to 254,016 square feet of greenhouse space. The site plan also identifies a future 20,158 square foot expansion on the north side of the principal building that will be included in the conditional use permit review and be allowed to occur with a building permit in the future. The submitted elevations indicate that the principal building will be constructed of integral concrete panels on all four sides, although the colors are not identified and must be other than natural grey. The east and a portion of the south elevation have a raked texture whereas the other elevations are a smooth panel. Section 20-17-4.B.1b(3) of the Zoning Ordinance requires that all of the concrete panels for industrial buildings use a textured finish necessitating a revision to the building elevations. The building is 20.5 feet tall, which is within the height limit of 45 feet allowed within the A-2 District. No plans have been submitted for the greenhouse structure, which is considered to be an agricultural structure, but it will be fully enclosed with controlled access. Landscaping. The developer has submitted a landscape plan for the subject site providing for trees adjacent to the building entrance and parking area. The sizes and types of proposed plantings comply with Section 20-16-7 of the Zoning Ordinance. The developer must specify whether lawn areas are to be seeded or sodded and the extent to which in -ground irrigation is to be installed, subject to review and approval of City staff. The landscape plan is adequate given the security issues involved with the proposed use. Lot Requirements. The table below outlines the lot requirements of the A-2 District applicable to the subject site. The site complies with the minimum requirements of the A-2 District. The site plan does not reflect dedication of right-of-way for Jalger Avenue and 77th Street, but even with this adjustment to the property lines, the proposed building will comply with setbacks. Min. Lot Area Min. Lot Width Min. Setbacks Jalger Ave. 77th St. North West Required 20ac. 450ft. 65ft. 65ft. 10ft. 50ft. Proposed 30.3ac. 1,018ft. 255ft. 120ft. 400ft. 265ft. Access. The subject site is adjacent to Jalger Avenue and 77th Street. Both streets exist by prescriptive right and require dedication of right-of-way as part of the property subdivision. The 2012 Comprehensive Plan identifies both streets as commercial/industrial collector streets, which require an 80 foot wide right-of-way. The preliminary and final plat must dedicate 40 feet of right-of-way for the west half of Jalger Avenue and for the north half of 77th Street. The primary entrance to the site will be from a driveway with gate and guard station off of 77th Street. The driveway location must be setback 200 feet from the intersection of 77th Street and Jalger Avenue, subject to review by the City Engineer. The gate entrance is setback less than 60 feet from the public street, which is not sufficient space to allow a semi-tractor/trailer to pull completely out of the travel lanes to wait for the gate to open. We recommend that the site plan be revised such that there is a minimum of 80 feet between the gate and the edge of the public street. A second access to 77th Street is provided to the west to allow for extension of a fire access lane to the west and north of the proposed building. The Albertville Fire Department requires that the fire lane be a minimum of 20 feet wide and paved with a 10 ton surface to support fire equipment. The Albertville Fire Department must also review the need for afire lane south of the building Off -Street Parking. The table below estimates parking demand for the proposed use based on the requirements of Section 20-22-9 of the Zoning Ordinance: Use Area Requirement Stalls Office 15,989sf. 3 stalls + 1 stall/200sf. 83 Production 38,688sf. 1 stall/7,500sf. + 1 stall / 1.5 employees 6 Greenhouse 254,016 No Standard 0 Total 89 The developer indicates there may be as many as 145 employees accessing the site on a daily basis but does not break this number down into shifts. The site plan provides 142 off-street parking stalls dimensioned and having a paved surface and perimeter concrete curb as required by Section 20-22-4.1-1 of the Zoning Ordinance. There is also more than adequate area within the subject site to add additional parking stalls if a need is identified in the future. Given the security issues involved with the proposed use, the need to have available parking spaces within the perimeter security fence will ensure that the developer provides adequate off-street parking for employees and visitors. Off -Street Loading. The subject site has two primary loading areas. There is a receiving area on the south fagade for delivery of materials to the site, including a semi-tractor/trailer loading dock. The loading area has adequate paved area accessing it allowing for semi -tractor trailers turning movements. A second shipping area is located at the northeast corner of the building for distribution of product from the facility with access adequate for the types of delivery vehicles used by the operation. Odor. The Zoning Ordinance incorporates Minnesota Pollution Control Agency regulations regarding odor generation in Section 20-16-13 of the Zoning Ordinance. The proposed facility will have a Heating/Ventilation/Air Conditioning system designed to minimize exterior odors. City staff toured the developer's existing facility within the City and there is an odor identifiable when directly adjacent to the building, but not at a distance. Based on the existing and planned character of the area, no odor issues related to the proposed use are anticipated. Fence. The site plan identifies a 12 foot tall chain link fence with barbed wire security arms at the perimeter of the lot. Section 20-16-6.K of the Zoning Ordinance limits industrial fences to a I maximum height of eight feet unless approved by conditional use permit. The barbed wire security arms are allowed provided that the arms are a minimum of seven feet above grade. The additional height of the fence is warranted based on the security needs of the proposed use. City staff recommends that the fence be setback from the property line 10 feet so as not to encroach into the required drainage and utility easements at the perimeter lot by Section 21- 7-15 of the Subdivision Ordinance. A fence permit is required to be issued by the Zoning Administrator prior to construction of the fence upon the subject site. Exterior Lighting. The applicant has submitted a photometric lighting plan indicating the type, location and illumination pattern of proposed exterior lighting upon the subject site. All of the lighting is to be installed to the east of the office/warehouse building and greenhouse structures. The illumination pattern does not exceed 1.0 foot-candle at the property lines and complies with Section 20-16-10.C.1 of the Zoning Ordinance. All light fixtures must be a shoe - box design with 90 degree horizontal cut-off as required by Section 20-16-10.C.3.c of the Zoning Ordinance. The pole mounted fixtures are 25 feet high and comply with Section 20-16-10.4 of the Zoning Ordinance. Signs. No plans have been submitted for signs to be located on the building or upon the site. Any signs must comply with Section 37 of the Zoning Ordinance and requires issuance of a sign permit prior to installation. Trash. The site and building plans do not specifically identify an area for trash handling and storage. Any exterior trash containers must be enclosed and screened from view of adjacent properties and the public streets in accordance with Section 20-16-153 of the Zoning Ordinance. Grading Plan. The developer has submitted a grading plan for the subject site. All grading, drainage and erosion control issues are subject to review and approval by the City Engineer. Utility Plan. The subject site is within the West Sewer District established by the 2012 Comprehensive Plan. Sanitary sewer and water utilities are not available at the subject site and are approximately one mile and one and one-half miles, respectively, from the subject site. As such, the use is proposed to be served by on -site septic system and well. The design of the septic system and well is to be subject to review and approval of the City Engineer. City staff recommends that the development agreement include a provision referencing Section 6-1-3 of the City Code requiring connection to municipal utilities at such time as they are available to the property and that the on -site systems be designed to facilitate such connections. Easements. Section 21-7-15 of the Subdivision Ordinance requires a 10 foot drainage and utility easement at the perimeter of the subject site. This easement must be shown on the preliminary and final plat documents. All easements are subject to review and approval of the City Engineer. 5 Preliminary/Final Plat. The developer has submitted a certificate of survey illustrating the subdivision of the proposed subject site from the 133.8 acre parent parcel (divided by Jalger Avenue). Due to the dedication of right-of-way for Jalger Avenue and 77th Street, the proposed subdivision must be approved as a preliminary and final plat. Preliminary and final plat documents must be submitted and are subject to review by City staff prior to execution by the Mayor and City Clerk and recording with Wright County. Development Agreement. The developer will be required to enter into a development agreement with the City as a condition of approval for the conditional use permit and preliminary/final plat. The development agreement will establish performance requirements by the developer and provision of security for completion of the planned improvements. The development agreement will be drafted by the City Attorney and is subject to approval of the City Council. RECOMMENDATION City staff recommends approval of the applications to allow development of a State licensed medical cannabis production facility for MinnMed as outlined below. POSSIBLE MOTIONS Decision 1— Zoning Ordinance Text Amendment A. Motion to recommend approval of a Zoning Ordinance text amendment making allowance for State licensed medical cannabis production facilities as a conditional use within the A-2 District. B. Motion to recommend denial of the Zoning Ordinance text amendment as not consistent with the policies of the Comprehensive Plan and intent of the Zoning Ordinance. C. Motion to table. Decision 2 — MinnMed Development Proposal A. Motion to approve a Zoning Map amendment, conditional use permit and preliminary/final plat for Minnesota Medical Solutions, LLC subject to the following conditions: 1. The facility shall be licensed by the State of Minnesota as a Medical Cannabis Manufacturer and shall be developed and operated in accordance with Minnesota Rules Chapter 4770, as may be amended. 2. The use shall not include a distribution facility for medical cannabis as defined by Minnesota Rules Chapter 4770.0200, Subp. 13, as may be amended. 3. All of the exterior concrete panels shall use a textured finish as required by Section 20-17-4.B.1b(3) of the Zoning Ordinance and the integral colors shall be specified. 4. The landscape plan shall be revised to specify lawn areas that are to be seeded and/or sodded and the extent to which in -ground irrigation is to be installed, subject to review and approval of City staff. 5. The site plan shall be revised such that there is a minimum of 80 feet between the gate and the edge of the public street to allow vehicle stacking, subject to review and approval of City staff. 6. All fire lanes shall be a minimum of 20 feet wide and paved with a 10 ton surface to support fire equipment; the location of all fire lanes is subject to review and approval by the Albertville Fire Department and City staff. 7. The security fence shall be setback from the property line 10 feet so as not to encroach into the required drainage and utility easements at the perimeter lot by Section 21-7-15 of the Subdivision Ordinance. 8. All exterior light fixtures must be a shoe -box design with 90 degree horizontal cut-off as required by Section 20-16-10.C.3.c of the Zoning Ordinance. 9. Any signs must comply with Section 37 of the Zoning Ordinance and requires issuance of a sign permit prior to installation. 10. Any exterior trash containers must be enclosed and screened from view of adjacent properties and the public streets in accordance with Section 20-16-15.13 of the Zoning Ordinance. 11. All grading, drainage and utility issues shall be subject to review and approval of the City Engineer. 12. Section 6-1-3 of the City Code requires connection to municipal utilities at such time as they are available to the property and interim on -site systems be designed to facilitate such connections. All utility issues, including on -site septic and well systems, shall be subject to review and approval of the City Engineer. 7 13. All easement shall be subject to review and approval of the City Engineer. 14. The developer shall submit preliminary and final plat documents including the information outlined in Sections 21-6-2 and 21-6-3 of the Subdivision Ordinance, subject to review by City staff prior to execution by the Mayor and City Clerk and recording with Wright County. 15. The developer shall execute a development agreement drafted by the City Attorney and subject to approval of the City Council. Motion to recommend denial of the application as not consistent with the policies of the Comprehensive Plan and requirements of the Zoning Ordinance and Subdivision Ordinance. C. Lori Johnson, City Administrator Tami Loff, City Clerk Ron Wagner, City Engineer Andy MacArthur, City Attorney Josh O'Neill, MinnMed Mary Matze, Landform ORDINANCE NO.: 2015-XX CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE TO ESTABLISH STATE LICENSED MEDICAL CANNIBUS PRODUCTION FACILITIES AS A CONDITIONAL USE WITHIN THE A-2, AGRIGULTURE LONG RANGE URBAN SERVICE DISTRICT THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20-52-5 of the Zoning Ordinance is hereby amended to include the following provisions: State licensed medical cannabis production facilities, provided that: 1. The facility shall be licensed by the State of Minnesota as a Medical Cannabis Manufacturer and shall be developed and operated in accordance with Minnesota Rules Chapter 4770, as may be amended. 2. The use shall not include a distribution facility for medical cannabis as defined by Minnesota Rules Chapter 4770.0200 Subp. 13, as may be amended. 3. The traffic generated by the proposed use can be adequately accommodated (both volume and weight) by the streets accessing the property upon which the use is located. 4. The principal building shall be constructed with exterior materials as required for uses developed in industrial districts established in Section 17 of this Chapter. 5. All fencing shall comply with the requirements of Section 20-16-6 of this Chapter. 6. The site shall be landscaped and screened in accordance with Section 20- 16-7 of the Zoning Ordinance. 7. All exterior lighting shall comply with the requirements of Section 20-16-10 of this Chapter applicable to industrial uses. 8. Any odor emissions shall be within the limits established by Section 20-16- 13 of this Chapter. 9. The use shall have adequate sewage disposal facilities in accordance with Section 20-16-17 of this Chapter or Section 6-1-3 of the City Code, as may be applicable. 10. All off-street parking areas and drive aisles shall be constructed in accordance with the design and construction standards of Chapter 21 of this Chapter. 11. All loading areas shall be constructed in accordance with the design and construction standards of Chapter 21 of this Chapter. 12. All signs shall comply with the provisions of Section 37 of this Chapter. 13. The use shall not include any outdoor storage. Section 2. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this day of , 2015. CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor 2 ATTEST: Tami Loff, City Clerk Minnesota Medical Solutions MINNESOTA Otsego, MN APPLICATION FOR ZONING ORDINANCE AMENDMENT, CONDITIONAL USE PERMIT AND SUBDIVISION June 23, 2015 . . . L A N D From Site to Finish F O R M E� INTRODUCTION On behalf of Minnesota Medical Solutions, Landform is pleased to submit this application for a zoning ordinance amendment, conditional use permit, and subdivision for the property at 7971 Jalger Avenue NE (PID # 118800272200). We are excited about this new use that will enhance the local economy and create new jobs in the City. ZONING ORDINANCE AMENDMENT AND CONDITIONAL USE PERMIT The subject property is zoned A-1 (Agricultural -Rural Service District) and guided Industrial in the 2012 Comprehensive Plan. Minnesota Medical Solutions is requesting a zoning ordinance amendment to allow for a medical marijuana growing facility as a conditional use in the A-1 Zoning district. Section 20-3-2 (F) of the Zoning Ordinance allows the City Council and Planning Commission to consider Zoning Ordinance Amendments and Conditional Use Permits according to the following standards: 9. The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. 2. The proposed use's compatibility with present and future land uses of the area. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. The proposed facility meets these standards as follows: 9. The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. The proposed facility is consistent with the specific policies and provisions of the Otsego Comprehensive Plan. The site is guided for industrial uses in the Comprehensive Plan. The WC015001 — Minnesota Medical Solutions L A N D F O R M June 23, 2015 Project Narrative 2 Comprehensive Plan identifies acceptable industrial uses, specifically distribution facilities, warehousing, and the assembly and manufacture of goods. The proposed facility will grow and process medical marijuana for distribution to Minnesota dispensaries. The proposed facility also supports economic vitality of the City by providing employment opportunities and expanding the tax base by expanding businesses and industry while maintaining the rural character of the area. 2. The proposed use's compatibility with present and future land uses of the area. The proposed facility is compatible with present and future land uses in the area. The proposed use as a facility to grow plants for distribution at Minnesota dispensaries is similar to permitted agricultural uses in the A-1 Zoning District. Marijuana is an agricultural crop and the project will include a greenhouse for its production. These uses are permitted by right in the A-1 zoning district. Due to the recent legislation that legalized the product, the facility will require specialized equipment and security. In addition to growing the product on site, the product will be processed and packaged for consumption. Because the facility grows and packages the product, the use is a combination of agricultural and industrial. Therefore, the City is recommending that the facility be permitted as a conditional use in the A-1 Zoning district. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. The proposed project conforms with the performance standards contained within the Zoning Ordinance and other provisions of the City Code. The proposed project meets the standards for the A-1 zoning district and the general performance standards. While there are no parking standards that are specific to this type of use, the proposed facility would meet the parking requirements for industrial and manufacturing standards. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. The proposed site is served by Jalger Avenue to the east and 771h Street NE to the south. Truck and employee access to the site will be provided on via 771h Street NE. It is anticipated that 130-145 employees will access the site on a daily basis, but that they will work in shifts. Therefore, not all 145 employees will be coming to the site at once. Because the site has few residential properties to the north and Interstate 94 to the south, the additional traffic to the site will have little impact on the surrounding properties and roads. WCO15001 — Minnesota Medical Solutions L A N D F O R M June 23, 2015 Project Narrative 3 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. The proposed use will be accommodated by existing public services and facilities and will not overburden the City's service capacity. The facility will be serviced by a well and septic according to the standards of Section 8 of the Subdivision Ordinance. Development Plan The proposed development meets all of the standards required by the Zoning and Subdivision Ordinances. The site includes 142 parking spaces and additional spaces could be provided on site. The perimeter of the parking areas and the building are attractively landscaped and provide screening of the parking areas. Parking areas and drive accesses will be paved so that roadway dust is eliminated and the fire lane will be constructed using Class 5 gravel. The building is planned for construction in two phases. The offices and production facility along with two greenhouse rooms will be constructed first. The site provides enough room to construct two additional greenhouse rooms should there be enough demand for expansion of the business. SUBDIVISION Minnesota Medical Solutions is also proposing to subdivide the property at 7971 Jalger Avenue NE to create two A-1 parcels from one A-1 parcel. Section 21-2-1 (C) allows minor subdivisions when no more than two lots are created and when the parcel of land has not been part of a minor subdivision within the last five years. The proposed subdivision meets the standards of the subdivision ordinance. The subdivision will provide appropriate drainage and erosion control. While the ordinance does require a tree preservation plan, the site does not have any trees, and is currently used exclusively for agricultural purposes. SUMMARY We respectfully request approval of a zoning amendment to allow for a medical marijuana growing facility as a conditional use in an A-1 Zoning District and to subdivide the property at 7971 Jalger Avenue NE. We look forward to presenting plans to the Planning Commission on July 20, 2015 and City Council on July 27, 2015. WC015001 — Minnesota Medical Solutions L A N D F O R M June 23, 2015 Project Narrative 4 CONTACT INFORMATION This document was prepared by: Mary Matze, Planner Landform 105 South Fifth Street, Suite 513 Minneapolis, MN 55330 Any additional questions regarding this application can be directed to Steve Sabraski at ssabraski(a)landform.net or 612.638.0243. WC015001 — Minnesota Medical Solutions L A N D F O R M June 23, 2015 Project Narrative 5 A l�� i �i�aY��FFf,€, i],€�` � ",A], f,f� s9i�l�F]IFEI'FfiflilFaiIUMI9]iii'eit!FIS�i�,l]]F!,]Fi5h��1]�ui a i1e➢a��i.$€Y2[82@9:4s3Bifa'::a$3i;.��s?::dzYFl:9tf;;.Fra'-a�°.£:�iE.:JS.wii:H4�s�€t•t �g4:i,::Ssiatst ..�ss�i$7�:'ff�3iY,ita4Et6iax�°�.e€€a6�99°2�;;Eaag.?y::sa!€�93iE��...::t�?t �sy9isa,.:iklT€�F:4ei.e QZa °! J E• - 091 2a sixE �3g@E €Ay�F W t1,,��' '`i o�J :'Si 7 � 4. F/e M� zo tliilf� I iy yo,. ;±l8 ••zi its . U •.�! s114� e ! a t'116 �3FF9i ----- ---------- { --- ------ t --- r ,— — — — } =-- - --------- --- i .. - — p - — __ - __ _____ ___ _______ __ —- __ ___ ---_-_ _ A___ .. _t1 ti s �o is - 0 sty aB ISBe I.aS,.SAON ' � � __ �• ' Zgd III A Is fill IN Q!, f log gilliRisk ---- - -- - --------------------- - - ---------------------- ------------------ .1 - - ------ ------ ----------- ----- ------------- ----------- ---- --- ---- --- - - - - --------- - -------- - I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ----- - DCAd1OWBGWt mo&Ni 5 - -- - - - - - - - - - - - - - - eC it - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - l4F ®Fj'y 5O=' 1 �4-51 �U FF�ff I O it F E• � 8 y i. b;kbo.0?ilmn .y�O�'r O ..• EIl� ®g fi 7foom L 8Pli €F Rlab gg py f } R�P gg@ F !F�4Y xYY ;b! @a .a . @ 5 a ca Y 94i >�� g ia} 6 'Y �• s 3 ! q ppa 3a a:8 b� t F y@ 3 �. s 9 P�4 Ex[• bt b2 {{�;; ff £ Eg'' �gY $$ ��((@ p 3€ ! Y�i b e� � g� ! `! g �� ��` ! E � �� EP5 €� �� �. } a i3i�E� 3$� 5 � ;} a�5 6�{' € : !• !a j � ! u }a� � gg 7 �( gy} Pya ee 3 g 4 x'a pf 9� ps) FyY(33� y9t e� [y ai a{; 5gi� � � i �. a gE . �•;aa� ix sb q �4 ��' � [� 3�,y{l jj _' � � �; E (� o _ ___y y_ ___� _ Y ____ } . __} _ _ _ - _ _ __ _ ____ _ ______ ___ ________ _ —___r „ T . V I Il.j �j . 351pH W91 _ * l i$LL.F ____-12 J a IIIIII IJJI ? I� 1. I 3 i — PB'l 6l- .L SS.19116N 31 t � - se'rsel jj FoN ' HBei Zoo aw W. l Fi � iFiY � g es !�� L4 se•€'—^v fpiC fpi F•gg i 1 66ei S ..€I @. Ei } g•a pF S ip. e3 i fQYq! S of y6y i g €¢Y €0 F€ 3 giE 'pg�p8i66: gYYp -N 12 IS) ggg°gggpN iii ! H Ee H ice 01 !,H i [ $e i3@ $ 3 F� yb6ybo,od 13 i'�i m a �.• Fit g I I `b i! 8 i s ®4 R �\ 5 =•ill €a s�U ------�-- - _ h : � ®k%�)R ® !■ t/ �/ ■i „ :�§ Byb;n LU LLI k §2g22;i " §§ a� s� SR lilt yy13333 iga `kE¢�� f% Vl 41 fli VJ N N VV Q vi t•1M�•n rn W p V• G^�i 6 V F J pSW00 «tifl00 G kJ .O 9.2 MW i a o 1° All OI ---------- i 4 I - - - - - , I L_-J I •• I I I --1 L L-J LJ �I Ato i - a 010' e IIN I I I 14 I I I I I I I i I I I I I I I tA a 2 9 c Oil ;� 0 az �011 I 0 g 6 go 111 1 w lz I I I ld', I g o za d o QE■ 3 ��I goo } . a log + ED I II � , II I II I 11 II - ' u xf I II n m lug C0� I Q-- . - _ I - - �]Main Office:1 1akanson 3601 Thurston Avenue, Anoka, hW 55303 40 427-5860 Fax. 763/427-0520 � Anderson www.haa-inPhone: 763/acom �. MEMORANDUM TO: Honorable Mayor and City Council CC: Lori Johnson, City Administrator Tami LoR, City Clerk Dan Licht, AICP, City Planner Andy MacArthur, City Attorney Ronald Wagner, P.E. City Engineer Josh O'Neill, Minnesota Medical Solutions Welsh Construction Landform FROM: Ronald Wagner, P.E. City Engineer Brent Larson, P.E., Assistant City Engineer DATE: June 27, 2015 (Revised 7/16/15) RE: Minnesota Medical Solutions — Development Application/Preliminary Submittal Review We have reviewed the Development Application/Preliminary Submittal, dated 6/23/15, for the above referenced subdivision and we would offer the following comments: 1. A geotechnical report with soil boring with the water table elevations shown shall be provided. Per Landform responses received 7/16/15 — Geotechnical report will be forthcoming. a. A Septic report shall also be submitted for the 2 proposed septic field areas. 2. Storrnwater calculations shall be submitted. Ponds show no outlets therefore they shall be designed for back-to-back 100 year storm events. The proposed ponds appear large and deep and may protrude into the water table. Elevations below the water table cannot be used for pond storage. We have received and reviewed the storm water calculations and narrative received with the Landform responses dated 7/16/15 and offer the following comments: a. Stormwater report is missing the Engineer's signature. b. All site runoff is being directed to the onsite ponds. The ponds appear to be sufficiently sized to retain back-to-back 100 year storms therefore all City of Otsego and MPCA requirements for rate control and water quality volume control are being met. c, Ponds appear to accommodate for ultimate build out of the site. d. There is an existing culvert under Jalger Avenue that should have the size identified but this outlet is not proposed to be used. e. See comments regarding the grading plan in Comment #6. f. Ground water elevation shall be verified. The bottom of the pond elevation is at 951.0. Any volume below the ground water elevation cannot be used. The pavement section should be based on the soil boring and a geotechnical engineer's recommendation. Per Landform responses received 7/16/15 — Geotechnical report will be forthcoming. 4. The entry point to the parking lot appears to be too near the Jalger Aveue and 77th Street Intersection. Per Landform responses received 7/16/15 — Please indicate the distance a parking lot needs to be from an intersection. a. The driveway shall be set back a minimum of 200' from the intersection. 5. Stormwater from the parking lot shall be routed to catch basins and enter the ponds via stormwater pipes at the NWL elevation. Per: Landform responses received 7/16/15 — catch basins and pipe will be provided. 6. No grades on the parking lot or curb are depicted. Per Landform responses received 7/16/15 — Grades will be provided for the building permit submittal. a. Label the back-to-back 100 yr HWL elevation of the ponds. b. Label the slopes along the ponds. They appear to be 3:1 slopes. Typically a 4:1 maximum is allow above the NWL with a 10:1 safety bench and up to 3:1 slopes below the NWL. Because this pond and the site is completely contained and a fence is to surround the entire site, 3:1 slopes are acceptable. 7 it is di f A t rea4 t eresien „ntrol plan amen+. A full sized set of plans has been received and is legible. 8. In addition to the above comments the following Existing Conditions information shall be provided for all preliminary plat submittals: _1. Boundary lines to include bearings, distances, curve data, and total acreage of proposed plat, clearly indicated. 2. Existing zoning classifications for land in and abutting the subdivision. 3. Total area of the proposed plat. 4. Show location, names, widths of existing streets, buildings, etc within 150'. 5. Location, size, and elevations of existing sewers, watermain, culverts, and other underground facilities within 150'. _6. Boundary lines of adjoining unsubdivided or subdivided land, identified by name and ownership within 150'. 7. 2 foot contours. Water courses, marshes, wooded areas, rock outcrops, power transmission poles and lines. USGS datum shall be used for all topographic mapping. 8. Subsurface conditions for subdivisions utilizing individual water and sewer systems. Locations and results of soil borings, percolation tests, etc. 9. 100 year flood elevations. 10. Statement certifying the environmental condition of the site including the presence of any hazardous substance as defined in Minnesota Statutes 115B.02, Subd 8. V Hakanson 1"AlAnderson 9. The development shall be platted with 40' of right-of-way along Jalger Avenue and 77th Street and drainage and utility easements over the ponds. Summary and/or Recommendation W r. a ra r ,µ,,,..Wing � r to -�u,_.��,o_ re Re recommend approval of the �vvaiu.a�.. revising «.. ��., �... .mob t.���� .. _ review. __ ... preliminary submittal contingent upon the above comments being addressed. Hakanson IIIAnderson OTSEGO PLANNING COMMISSION MEETING OTSEGO PRAIRIE CENTER JULY 201, 2015 7:00 PM Call to Order. Chair Black called the meeting to order at 7:00 PM. Roll Call: Chair Pam Black; Commissioners: Aaron Stritesky, Steve Schuck, Roger Mord and Richard Nichols. Absent: Commissioners David Thompson and Jim Kolles. City Council: Vern Heidner. Staff: Daniel Licht, City Planner and Tami Loff, City Clerk. 1. Consider the following minutes: 1.1 July 6, 2015 Planning Commission Meeting. Commissioner Stritesky motioned to approve. Seconded by Commissioner Nichols. All in favor. Motion carried. 2. Public Hearing item: 2.1 Minnesota Medical Solutions: A Zoning Ordinance text amendment to make State Licensed Medical Marijuana Production Facilities allowed in the A-2 District as a conditional use. B. Zoning Map amendment to zone the subject site A-2 District. C. Conditional use permit to allow a State Licensed Medical Marijuana Production Facili . D. Preliminary and final plat approval of one lot. City Planner presented the Planning Report. Applicant, Josh O'Neil, Chief Business Officer for MinnMed, was present and agrees with Planning Report. City Clerk Loff attested that all the proper noticing, posting and publishing has been completed. Chair Black opened the Public Hearing at 7:17 PM. Jill Merges, 3954 County Road 37 NE, Monticello, asked where the current location is. City Planner Licht said the City doesn't disclose that for security reasons. Commissioner Nichols asked what the current facility will be used for. Mr. O'Neil said the intent is to use the current location for research and the Department of Health has been open to that use. Commissioner Mord asked if the water will be treated before discharge. Mr. O'Neal said the water usage will range from 3,000-10,000 gallons per day he said there is a lot of evaporation that occurs and there is also high amount of reuse. There is an onsite treatment and reuse of gray water and a cistern system that will be underneath the green house, which is a new design that was developed by a Minnesota company. He further stated there is a reverse osmosis system and that any discharge would be no different than residential use. Commissioner Nichols asked how plant residue is handled. Mr. O'Neil said they have onsite compost and reuse all of the material in soil for new plants. Mike Helfert, 8998 77th Street NE, Otsego, asked if approved when construction would begin. City Planner Licht said the Zoning Ordinance allows up to one year constructing from the date of approval or they could come back and ask for an extension. Chair Black closed the Public Hearing at 7:24 PM. Commissioner Mord said given the high level of security, is there an expectation that Wright County Sheriff would increase. City Planner Licht said no not at this time and as stated previously there have been no difficulties at the current facility. Commissioner Nichols motioned to recommend approval of the Zoning Ordinance text amendment making allowance for State licensed medical cannabis production facilities as a conditional use within the A-2 District. Seconded by Commissioner Mord. All in favor. Motion carried. Commissioner Nichols motioned to approve a Zoning Map amendment, conditional use permit and preliminary/final plat for Minnesota Medical Solutions, LLC subject to the fifteen conditions listed in the Planning Report. Seconded by Commissioner Stritesky. All in favor. Motion carried. 3 Update on City Council actions. CM Heidner updated the Commissioners on City Council actions. 4 Update on future Planning Commission Agenda items. No items at this time. 5. Adjourn. Commissioner Schuck motioned to adjourn. Seconded by Commissioner Stritesky. All in favor. Motion carried. Adjourned at 7:50 PM. Pam Black, Chair ATTEST: ^ Tami Loff, City Clerk 2 ORDINANCE NO.: 2016-02 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE TO ESTABLISH STATE LICENSED MEDICAL CANNIBUS PRODUCTION FACILITIES AS A CONDITIONAL USE WITHIN THE A-2, AGRIGULTURE LONG RANGE URBAN SERVICE DISTRICT THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20-52-5 of the Zoning Ordinance is hereby amended to include the following provisions: State licensed medical cannabis production facilities, provided that: 1. The facility shall be licensed by the State of Minnesota as a Medical Cannabis Manufacturer and shall be developed and operated in accordance with Minnesota Rules Chapter 4770, as may be amended. 2. The use shall not include a distribution facility for medical cannabis as defined by Minnesota Rules Chapter 4770.0200 Subp. 13, as may be amended. 3. The traffic generated by the proposed use can be adequately accommodated (both volume and weight) by the streets accessing the property upon which the use is located. 4. The principal building shall be constructed with exterior materials as required for uses developed in industrial districts established in Section 17 of this Chapter. 5. All fencing shall comply with the requirements of Section 20-16-6 of this Chapter. 6. The site shall be landscaped and screened in accordance with Section 20- 16-7 of the Zoning Ordinance. 7. All exterior lighting shall comply with the requirements of Section 20-16-10 of this Chapter applicable to industrial uses. 8. Any odor emissions shall be within the limits established by Section 20-16- 1 13 of this Chapter. 9. The use shall have adequate sewage disposal facilities in accordance with Section 20-16-17 of this Chapter or Section 6-1-3 of the City Code, as may be applicable. 10. All off-street parking areas and drive aisles shall be constructed in accordance with the design and construction standards of Chapter 21 of this Chapter. 11. All loading areas shall be constructed in accordance with the design and construction standards of Chapter 21 of this Chapter. 12. All signs shall comply with the provisions of Section 37 of this Chapter. 13. The use shall not include any outdoor storage. Section 2. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 8t" day of February, 2016. ATTEST: Tami Loff, City Clerk N CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor P CITY O OtSeoF O MINNESOTA V APPLICANT: Minnesota Medical Solutions, LLC 2-2-16 FINDINGS & DECISION ZONING MAP AMENDMENT APPLICATION: Request for approval of a Zoning Map amendment rezoning 30 acres at 7971 Jalger Avenue from A-1 District to A-2 District. CITY COUNCIL MEETING: 8 February 2016 FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes the following findings of fact: A. The legal description of the property is attached as Exhibit A. B. The property lies within the West Sanitary Sewer Service District and is guided for industrial land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned A-1, Agriculture Rural Service District. D. The applicant is requesting a rezoning to A-2, Agriculture Long Range Urban Service District to allow for subdivision of a 30 acre parcel meeting the minimum lot requirements of the A-2 District and development of a State Licensed Medical Cannabis Production Facility allowed as a conditional use within the A-2 District. E. The Planning Commission and City Council must take into consideration the possible effects of the application with their judgment based upon (but not limited to) the criteria outlined in Section 20-3-2.F of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Finding: The 2012 Comprehensive Plan guides the subject site for future industrial uses within the West Sewer District and encourages industrial development to create new job opportunities within Otsego and expand the local tax base. Until such time as sanitary sewer and water utilities are available to the subject site, the Comprehensive Plan establishes an interim use plan to maintain agricultural uses. The proposed use is a unique agricultural -industrial use involving the cultivation of plants and production of pharmaceutical medicine from the harvested plant material that is compatible with the existing and planned uses in the area and that meets the City's economic development goals. 2. The proposed use's compatibility with present and future land uses of the area. Finding: he subject site is surrounded by the following existing and planned land uses identified in the table below. Based on the area of the subject site, separation from adjacent rural residential uses and enclosed nature of the use's cultivation and production functions, no compatibility issues will occur. Direction Land Use Plan Zoning Map Existing Use North Industrial A-1 District Agriculture East Industrial A-1 District Agriculture South Industrial INS District MN/Road West Industrial A-1 District A-2 District Rural Residential Forestry 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Finding: The proposed development will comply with all applicable requirements of the Zoning Ordinance, Subdivision Ordinance and City Code. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The subject site is adjacent to Jalger Avenue and will be accessed from 77rn Street. The 2012 Comprehensive Plan identifies both streets as commercial/industrial collector streets. Jalger Avenue and 77rn Street have adequate capacity to accommodate traffic generated by the proposed development. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: The proposed development can be accommodated by existing public services and infrastructure. F. The planning report dated 17 July 2015 prepared by the City Planner, The Planning Company LLC., is incorporated herein. G. The Engineering memorandum dated July 15, 2015 prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. H. The Otsego Planning Commission held a public hearing at their regular meeting on 20 July 2015 to consider the application, preceded by published and mailed notice. Based upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 5-0 vote that the City Council approve the request based on the aforementioned findings. The developer provided the City and extension of the review requirements of Minnesota Statutes 15.99 and 462.358, Subd. 3b to 17 February 2016 in a letter dated September 30, 2015, which is incorporated herein. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: Attest: ADOPTED by the City Council of the City of Otsego this 8th day of February, 2016. Tami Loff, City Clerk CITY OF OTSEGO By: Jessica L. Stockamp, Mayor ORDINANCE NO.: 2016-03 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the property legally by Exhibit A. Section 2. The property is hereby rezoned from an A-1, Agricultural Rural Service District to A-2, Agriculture, Long Range Urban Service District designation. Section 3. The Zoning Map of the City of Otsego shall not be republished to show the aforesaid rezoning, but the Zoning Administrator shall appropriately mark the Zoning Map on file at City Hall for the purpose of indicating the rezoning hereinabove provided for in this Ordinance, and all of the notations, references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 4. This Ordinance shall become effective immediately upon its passage and publication according to Law. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 8t" day of February, 2016. CITY OF OTSEGO 16-Ya Jessica L. Stockamp, Mayor ATTEST: Tami Loff, City Clerk ATTACH LEGAL DESCRIPTION HERE EXHIBIT A 0 OtCI�ezoF MINNESOTA APPLICANT: Minnesota Medical Solutions, LLC 2-2-16 FINDINGS & DECISION CONDITIONAL USE PERMIT AND PRELIMINARY/FINAL PLAT APPLICATION: Request for approval of a conditional use permit and preliminary/final plat for development of a State Licensed Medical Cannabis Facility at 7971 Jalger Avenue NE. CITY COUNCIL MEETING: 8 February 2016 FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes the following findings of fact: A. The legal description of the property is attached as Exhibit A. B. The property lies within the West Sanitary Sewer Service District and is guided for industrial land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned A-2, Agriculture Long Range Urban Service District; State licensed medical cannabis production facilities are allowed as a conditional use within the A-2 District. D. The applicant is requesting a rezoning to A-2 District to allow for subdivision of a 30 acre parcel meeting the minimum lot requirements of the A-2 District. E. The Planning Commission and City Council must take into consideration the possible effects of the application with their judgment based upon (but not limited to) the criteria outlined in Section 20-4-2.F of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Finding: The 2012 Comprehensive Plan guides the subject site for future industrial uses within the West Sewer District and encourages industrial development to create new job opportunities within Otsego and expand the local tax base. Until such time as sanitary sewer and water utilities are available to the subject site, the Comprehensive Plan establishes an interim use plan to maintain agricultural uses. The proposed use is a unique agricultural -industrial use involving the cultivation of plants and production of pharmaceutical medicine from the harvested plant material that is compatible with the existing and planned uses in the area and that meets the City's economic development goals. 2. The proposed use's compatibility with present and future land uses of the area. Finding: he subject site is surrounded by the following existing and planned land uses identified in the table below. Based on the area of the subject site, separation from adjacent rural residential uses and enclosed nature of the use's cultivation and production functions, no compatibility issues will occur. Direction Land Use Plan Zoning Map Existing Use North Industrial A-1 District Agriculture East Industrial A-1 District Agriculture South Industrial INS District MN/Road West Industrial A-1 District A-2 District Rural Residential Forestry 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Finding: The proposed development will comply with all applicable requirements of the Zoning Ordinance, Subdivision Ordinance and City Code. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The subject site is adjacent to JalgerAvenue and will be accessed from 77rn Street. The 2012 Comprehensive Plan identifies both streets as commercial/industrial collector streets. Jalger Avenue and 77th Street have adequate capacity to accommodate traffic generated by the proposed development. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: The proposed development can be accommodated by existing public services and infrastructure. F. The planning report dated 17 July 2015 prepared by the City Planner, The Planning Company LLC., is incorporated herein. G. The Engineering memorandum dated July 15, 2015 prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. H. The Otsego Planning Commission held a public hearing at their regular meeting on 20 July 2015 to consider the application, preceded by published and mailed notice. Based upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 5-0 vote that the City Council approve the request based on the aforementioned findings. The developer provided the City and extension of the review requirements of Minnesota Statutes 15.99 and 462.358, Subd. 3b to 17 February 2016 in a letter dated September 30, 2015, which is incorporated herein. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED, subject to the following conditions: The facility shall be licensed by the State of Minnesota as a Medical Cannabis Manufacturer and shall be developed and operated in accordance with Minnesota Rules Chapter 4770, as may be amended. 2. The use shall not include a distribution facility for medical cannabis as defined by Minnesota Rules Chapter 4770.0200, Subp. 13, as may be amended. 2 3. All of the exterior concrete panels shall use a textured finish as required by Section 20-17- 4.B.1 b(3) of the Zoning Ordinance and the integral colors shall be specified. 4. The landscape plan shall be revised to specify lawn areas that are to be seeded and/or sodded and the extent to which in -ground irrigation is to be installed, subject to review and approval of City staff. 5. The site plan shall be revised such that there is a minimum of 80 feet between the gate and the edge of the public street to allow vehicle stacking, subject to review and approval of City staff. 6. All fire lanes shall be a minimum of 20 feet wide and paved with a 10 ton surface to support fire equipment; the location of all fire lanes is subject to review and approval by the Albertville Fire Department and City staff. 7. The twelve (12) foot tall security fence shall be setback from the property line 10 feet so as not to encroach into the required drainage and utility easements at the perimeter lot by Section 21-7-15 of the Subdivision Ordinance. 8. All exterior light fixtures must be a shoe -box design with 90 degree horizontal cut-off as required by Section 20-16-10.C.3.c of the Zoning Ordinance. 9. Any signs must comply with Section 37 of the Zoning Ordinance and requires issuance of a sign permit prior to installation. 10. Any exterior trash containers must be enclosed and screened from view of adjacent properties and the public streets in accordance with Section 20-16-15.13 of the Zoning Ordinance. 11. All grading, drainage and utility issues shall be subject to review and approval of the City Engineer. 12. Section 6-1-3 of the City Code requires connection to municipal utilities at such time as they are available to the property and interim on -site systems shall be designed to facilitate such connections. All utility issues, including on -site septic and well systems, shall be subject to review and approval of the City Engineer. 13. All easement shall be subject to review and approval of the City Engineer. 14. The developer shall submit preliminary and final plat documents including the information outlined in Sections 21-6-2 and 21-6-3 of the Subdivision Ordinance, subject to review by City staff prior to execution by the Mayor and City Clerk and recording with Wright County. 15. The developer shall execute a development agreement drafted by the City Attorney and subject to approval of the City Council. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: 3 ADOPTED by the City Council of the City of Otsego this 8t" day of February, 2016. CITY OF OTSEGO By: Jessica L. Stockamp, Mayor Attest: Tami Loff, City Clerk