Loading...
2024-12-10 Planning Commission Agenda Packet- PLANNING COMMISSION MEETING Tuesday, December 10, 2024 7 PM 1. CALL TO ORDER - ROLL CALL – ADOPT AGENDA 2. MINUTES a. November 12, 2024, Planning Commission Meeting Minutes (Pages 2-4) 3. PUBLIC HEARINGS a. Public Hearing relating to Cannabis Draft Ordinance (Pages 5-39) 4. OTHER BUSINESS a. None 5. ADJOURNMENT Planning Commission Meeting Minutes Regular Meeting on November 12, 2024 1 ALBERTVILLE PLANNING COMMISSION TUESDAY, NOVEMBER 12, 2024 DRAFT MINUTES ALBERTVILLE CITY HALL 7:00 PM 1. CALL TO ORDER – ROLL CALL – ADOPT AGENDA Chair Buhrmann called the meeting to order at 7 pm. Maeghan Becker conducted roll call. Present: Chair Buhrmann and Commissioners Anderson, Huggins, Smith, Pinski and Council Liaison Zagorski. Absent: None. Others Present: City Planner Al Brixius, Building Permit Tech Maeghan Becker and Zeke Peters with Landform for the AVA project. Brixius requested to move item number 4, the preliminary and final plat for AVA 3rd Addition, before item number 3, the public hearings, as there are people present for the AVA item. Motioned by Anderson, seconded by Buhrmann to approve the agenda as submitted. Ayes: Buhrmann, Anderson, Huggins, Smith and Pinski. Nays: None. Absent: None. MOTION DECLARED CARRIED. 2. MINUTES Motioned by Huggins, seconded by Smith to approve the October 08, 2024, Planning Commission meeting minutes as presented. Ayes: Buhrmann, Anderson, Huggins, Smith and Pinski. Nays: None. Absent: None. MOTION DECLARED CARRIED. 3.OTHER BUSINESS a.Consideration of an application from AVA for a preliminary and final plat entitled AVA 3rd Addition and a zoning map amendment changing the zoning for a certain property from I-1 Limited Industrial District to I-2 General Industrial District. Brixius informed Commissioners that AVA has purchased the 1.23 acre lot along the south end of Kadler Avenue (6748 Kadler Avenue Ne). AVA wishes to combine the lot with their existing land. To complete the lot combination AVA has applied for the following applications: 1.Preliminary and Final Plat – the subdivision must be processed as a preliminary and final plat. Agenda Page 2 Planning Commission Meeting Minutes Regular Meeting on November 12, 2024 2 2. Zoning Map Amendment – requesting to change the zoning on the newly acquired property from I-1 Limited Industrial District to I-2 General Industrial District to match the zoning of their existing property. 3. Easement Vacation – the applicant has not requested the easement vacation at this time, but they will evaluate the need and time of the future vacation. The lot they are looking to combine contains a single-family home, a detached accessory building and a billboard. The site is non-conforming in use and in lot size. Staff recommends the existing house and accessory building will not be occupied and will be removed from the site by June 30, 2025. Kadler Avenue is an unimproved gravel boundary line road which is shared with Otsego and may need to have future improvements. Kadler may remain unimproved and continued to be used by AVA with the following conditions: 1. AVA shall be responsible for maintenance of gravel on Kadler Avenue to city standards. 2. When Kadler Avenue is improved to an urban street standard, AVA shall be responsible for their share of the street improvement costs. Commissioners discussed why they are rezoning the additional parcel they are wishing to combine. Brixius informed AVA would like the parcel to be existing with their current zoning. Commissioners discussed if AVA would be allowed to have outdoor storage of their inventory on this new parcel, Brixius informed AVA would have to request a conditional use permit to allow for more outdoor storage of inventory. Commissioners discussed sharing the road between Albertville and Otsego. Brixius informed that AVA is responsible for the road at this time because there is no Otsego business to the west as of now. Motioned by Buhrmann, seconded by Huggins to approve the preliminary and final plat entitled AVA 3rd addition and a zoning map amendment changing the zoning for a certain property from I- 1 Limited Industrial District to I-2 General Industrial District as listed in the November 6, 2024, Planning Commission Report. Ayes: Buhrmann, Anderson, Huggins, Smith and Pinski. Nays: None. Absent: None. MOTION DECLARED CARRIED. 4. PUBLIC HEARINGS A. Public hearing to consider a zoning code amendment establishing off-sale liquor as a permitted use in Albertville’s commercial zoning districts. Brixius informed Commissioners that we have off-sale liquors listed in the Albertville zoning definition section, but we do not have it listed in anywhere in the code. This will be listed in the commercial zoning districts. This will be listed under the permitted uses within the various districts (B-2 through B-4 districts) you introduce this as a permitted use within those zoning districts and off-sale would be just to liquor stores, no consumption on site. Commissioners discussed if we need more liquor stores and different types of liquor stores. Motioned by Anderson, seconded by Buhrmann to open the Public Hearing. Ayes: Buhrmann, Anderson, Huggins, Smith and Pinski. Nays: None. Absent: None. MOTION DECLARED CARRIED. No comment. Motioned by Smith, seconded by Pinski to close the Public Hearing. Ayes: Buhrmann, Anderson, Huggins, Smith and Pinski. Nays: None. Absent: None. MOTION DECLARED CARRIED. Agenda Page 3 Planning Commission Meeting Minutes Regular Meeting on November 12, 2024 3 Motioned by Smith, seconded by Anderson to approve the zoning code amendment establishing off-sale liquor as a permitted use in Albertville’s commercial zoning districts as listed in the November 6, 2024, Planning Commission Report. Ayes: Buhrmann, Anderson, Huggins, Smith and Pinski. Nays: None. Absent: None. MOTION DECLARED CARRIED. B. Public hearing to consider a zoning code amendment to Chapter 5200 Planned Unit Development District to include recent approved PUD district amendments. Brixius informed Commissioners there were minor updates within the 5200 Planned Unit Development District that needed to be cleaned up so staff has an easier time identifying the special conditions applied to each of these PUD districts. Brixius went over the changes to the PUD districts: 1. Kix Dance School 2. Kinder Care Daycare 3. Gravity Dance School 4. Medart Industrial Building 5. Si Senor Restaurant 6. Everbrook Daycare 7. Future Commercial Brixius highlighted the changes in the November 6, 2024, planners report for Commissioners to review. Motioned by Anderson, seconded by Buhrmann to open the Public Hearing. Ayes: Buhrmann, Anderson, Huggins, Smith and Pinski. Nays: None. Absent: None. MOTION DECLARED CARRIED. No comment. Motioned by Huggins, seconded by Anderson to close the Public Hearing. Ayes: Buhrmann, Anderson, Huggins, Smith and Pinski. Nays: None. Absent: None. MOTION DECLARED CARRIED. Motioned by Huggins, seconded by Smith to approve the zoning code amendment to Chapter 5200 Planned Unit Development District to include recent approved PUD district amendments as listed in the November 6, 2024, Planning Commission Agenda. Ayes: Buhrmann, Anderson, Huggins, Smith and Pinski. Nays: None. Absent: None. MOTION DECLARED CARRIED. 5. ADJOURNMENT Motioned by Anderson, seconded by Pinski to adjourn the meeting at 7:26pm. Ayes: Buhrmann, Anderson, Huggins, Smith and Pinski. Nays: None. Absent: None. MOTION DECLARED CARRIED. Respectfully submitted, ____________________________ Maeghan Becker, Building Permit Tech Agenda Page 4 12224 Nicollet Avenue Burnsville, MN 55337 Phone: (952) 890-0509 Fax: (952) 890-8065 Bolton-Menk.com Date: December 10, 2024 To: City of Albertville Planning Commission From: Dylan Edwards, Consulting Planner Jenni Faulkner, Consultant Planner Item: Cannabis Draft Ordinance Background: In 2023 and 2024, Minnesota Statutes Chapter 342 legalized adult-use cannabis and established a regulatory framework for the cannabis industry. For a summary of key definitions and license types, see Appendix A. • All jurisdictions in the state must allow for these uses, and with limited local regulations. • The statute identified the obligations and restrictions on how a city may regulate cannabis businesses. • The purpose of this memorandum is to outline the proposed ordinance addressing cannabis in Albertville. • In general, the proposed ordinance represents the most restrictive regulations. The city can relax standards as preferred. Ordinance Actions: There are four sperate ordinances related to cannabis regulation. • Temporary Cannabis Events are allowed as regulated per statue. They are only permitted in retail locations. • City registration of retail businesses as allowed per statute. • An update to the noise ordinance to clarify specific standards for violations as recommended by the City Attorney. • Zoning ordinance amendment that provides for time, place, and manner restrictions on cannabis uses. The provisions for interim uses are being added to accommodate cannabis. Zoning Requirements: • Cannabis businesses will require the application and approval of an interim use permit to provide proof of compliance with zoning regulations and limit the duration of the use to the term of the permit. • The proposed ordinance will allow each of the 13 license types in the city while restricting them to as few zoning districts as possible. The following table notes these districts: Business Type Zoning Districts Cannabis Microbusiness (342.28) I-1 Agenda Page 5 Page 2 of 5 Cannabis Mezzobusiness (342.29) I-1 Cannabis Cultivator (342.30) A-1 Cannabis Manufacturer (342.31) I-1 Cannabis Retailer (342.32) B-3, PUD 5200.21 Cannabis Wholesaler (342.33, 342.34) I-1 Cannabis Transporter (342.35, 342.36) I-1 Cannabis Testing Facility (342.37, 342.38) I-1 Cannabis Event Organizer (342.39, 342.40) B-3 Cannabis Delivery Services (342.41, 342.42) B-3, I-1 Lower-Potency Hemp Edible Manufacturer (342.45) I-1 Lower-Potency Hemp Edible Retailer (342.46) B-3, I-1, PUD 5200.21 Cannabis Research (342.28, Subd.1a) I-1 Industrial Hemp Development (MN Statutes 18K) I-1 • A micro or mezzo business may cultivate, manufacture, and sell cannabis products. Microbusiness is the only license type entitled by statue for on-site consumption. On-site consumption is limited to 10% of floor area of the business with additional restrictions. • The state has set maximum distances from certain locations, such as schools, daycares, residential treatment facilities, and attractions on public land used by minors. • The effect of accommodating the multi-uses of micro and mezzo businesses has resulted in most of the license types being in the I-1 District (rather than commercial district). • The ordinance has retained these maximum distances to maintain the most conservative standards for cannabis businesses in Albertville. These distances are as follows: Distance Locations 1000 ft • Schools 500 ft • Daycares • Residential Treatment Facilities • Attractions within a public park regularly used by minors. (including a playground or athletic field) Registration/Compliance and Number of Retail Operations • The ordinance will require retail cannabis businesses to register with and submit to inspections by the City or their designee. • Minnesota Statutes require at least one retail location per every 12,500 residents to be permitted. This ordinance will limit Cannabis Retail to a single license in the city. Recommendation: This is a public hearing. After taking comments from the public, staff recommends that the Planning Commission consider the above information and public comments. Should the Commission want to relax some of the standards, the following may be considered: • Expand onsite consumption • Change hours of operation Agenda Page 6 Page 3 of 5 • Expand districts uses are allowed in • Reduce buffers • Increase the number of registrations • Expand where temporary cannabis events may be held Staff recommend the Planning Commission recommend approval of the ordinance by the City Council at their meeting on December 16, 2024. Attachments: 1. Appendix 2. Draft Ordinance 3. Map of Potential Cannabis Business Locations with Buffers Agenda Page 7 Page 4 of 5 Appendix A: Definitions The statute includes several definitions relating to cannabis and how it is regulated. The following definitions are most relevant to the purposes of this discussion: • Cannabis: Plant with more than 0.3 percent delta-9 tetrahydrocannabinol (THC) concentration. • Cannabinoids: Any edible cannabinoid or nonedible cannabinoid product authorized for sale in 2022. • Cannabis Business: Retail, cultivation, manufacture, transport, testing facility, event, and delivery service • Hemp: Plant with less than 0.3 percent delta-9 tetrahydrocannabinol (THC) concentration • Lower-Potency Hemp Edible: Products derived from hemp containing no more than 5 milligrams of delta-9 tetrahydrocannabinol (THC) concentration intended to be eaten or consumed as a beverage • Hemp Business: Lower-potency hemp edible manufacturer or lower-potency hemp edible retailer. • Office of Cannabis Management (OCM): State regulatory office created to oversee the implementation and regulation of the adult-use cannabis market License Types Minnesota Law identifies 13 different types of business licenses. These include: 1. Cannabis Microbusiness: May cultivate, manufacture and package products for sale, and may operate one retail location. 2. Cannabis Mezzobusiness: May cultivate, manufacture and package products for sale, and may operate up to three retail locations. 3. Cannabis Cultivator: May cultivate and package cannabis products for sale to another licensed cannabis business. 4. Cannabis Manufacturer: May manufacture and package cannabis and hemp products for sale to a licensed cannabis retailer. 5. Cannabis Retailer: May sell cannabis and hemp products to customers and patients. 6. Cannabis Wholesaler: May purchase and/or sell cannabis and hemp products from another licensed cannabis business. 7. Cannabis Transporter: May transport cannabis and hemp products to licensed cannabis businesses. 8. Cannabis Testing Facility: May obtain and test cannabis and hemp products from a licensed cannabis business. 9. Cannabis Event Organizer: May organize temporary cannabis events lasting no more than four days. 10. Cannabis Delivery Service: May Purchase cannabis, cannabis products, and hemp products from retailers or cannabis businesses with a retail endorsement for transport and delivery to customers. Agenda Page 8 Page 5 of 5 11. Lower-Potency Hemp Edible Manufacturer: May manufacture and package lower-potency hemp edibles for consumer sale and sell hemp concentrate and lower-potency hemp edibles to other cannabis businesses. 12. Lower-Potency Hemp Edible Retailer: May sell lower-potency hemp edibles to customers over 21 years of age. 13. Cannabis Research: Limited to an institution of higher education; may conduct cannabis crop research and cultivate and manufacture cannabis products. Agenda Page 9 Page 1 11/4/2024 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2024-__ AN ORDINANCE AMENDING THE ALBERTVILLE CITY CODE RELATING TO THE REGULATION OF TEMPORARY CANNABIS WITHIN THE CITY The City Council of the City of Albertville, Minnesota, hereby ordains: Section One : Title 4: Business Regulations in the Albertville City Code is hereby amended by the insertion of the following language as Chapter 11: Temporary Cannabis Events: “4-11-1 Definitions: Temporary Cannabis Event: a special, temporary event, as permitted by Minnesota Statue 342.39 and 342.40 and as regulated herein. 4-11-2 Permit Requirements A. Permit Required: The operator of a temporary cannabis event shall require a permit to operate within the city limits. B. Application for Permit: The application for the permit provided for in this section shall be made to the city clerk by filing the application and paying the fee and by completing an application form as provided by the city clerk. In addition to such information as the city clerk may require, the application shall include: 1. The name of the applicant and property owner along with signatures for agreement to terms and conditions of the special event permit application. 2. The permanent home address and full local address of the applicant and property owner, and the permanent and local telephone numbers of the applicant and property owner. 3. Proof of an Insurance policy for the special event. 4. If commercial food services are provided, the applicant shall comply with the MFU (Mobile Food Unit) requirements of Section 4-4-6 F in the Albertville City Code. 5. If signs for special event are needed, plans shall be submitted for city staff review and shall follow all regulations set forth in Albertville City Code Title 10, Chapter 7, Sign Regulations. 6. A brief description of what is being sold and the location of the merchant on site shall be provided. Outdoor seasonal sales are regulated in section 4-8-5 of the Albertville City Code and shall be followed. 7. A brief written description of: Agenda Page 10 Page 2 11/4/2024 a. The nature or purpose of the special event, what the event will be titled, estimated amount of people attending and the applicant's method of operation. b. The location of the special event including address or PID number. c. Noise control is regulated in the Albertville City Code under Title 5, Chapter 5, in which the applicant shall follow. d. Dates for when the set up and take down of materials will occur. e. Fire protection and prevention methods including locations of portable fire extinguishers, site and floor plans of the event showing seating arrangement, and fire exit plans. f. The location and type of fencing used for the special event. g. Food services provided for the event and vendor names. h. Lighting plans including location of light sources. i. Medical facilities provided on site. j. Event parking areas, traffic circulation routes, and pedestrian paths provided for the event for review by city staff. k. Crowd control and security methods including number of security guards during event and location of security. l. Solid waste disposal including portable toilets, trash containers, or other facilities and location m. The number, size and location of tents on site. n. The precise timing of the event including calendar dates and time of day the special event begins and ends. o. What is being sold at the event and the location of the merchants on site shall be provided. p. Signs advertising the special event. C. A site plan or survey of property is required for all special events occurring in the City of Albertville. Aspects of the special event that shall be included in the site plan include the location of: 1. Buildings. 2. Parking areas and circulation routes. 3. Tents. 4. Displays. 5. Stages. 6. Security. 7. Medical facilities. Agenda Page 11 Page 3 11/4/2024 8. Fire hydrants, fire key boxes, and fire department connections. 9. Lighting. 10. Food/drink areas. 11. Fencing. 12. Solid waste disposal areas. 4-11-3 Permit Requirements A. The applicant shall include the application form and a copy of the OCM cannabis event license application, submitted pursuant to Minnesota Statute 342.39 subd. 2. 1. The application shall be submitted to the City for review. If the City determines that a submitted application is incomplete, they shall return the application to the applicant with the notice of deficiencies. i. Once an application is considered complete, the City shall inform the applicant as such, process the application fees, and forward the application to the City Council for approval or denial. B. The application for a Temporary Cannabis Event shall meet the following standards: 1. Must be licensed by the State of Minnesota as a Cannabis Event Organizer per Minnesota Statute 342.39 and 342.40 and in compliance with the standards set by the Office of Cannabis Management. 2. Temporary Cannabis Events may only be held at approved Cannabis Retail and Low Potency Hemp Retail Locations. 3. Temporary Cannabis Events must last no more than four consecutive calendar days. 4. No more than four Temporary Cannabis Events may be conducted at a single location in a calendar year. 5. Hours of operation for a Temporary Cannabis Event are limited to 10:00 AM to 5:00 PM. 6. No onsite consumption is permitted 7. Intoxicating liquor is not allowed for consumption or sale in conjunction with a temporary cannabis event. 8. Events shall provide security for crowd control. 9. Events shall provide available toilet facilities on site. 10. Insurance is required for all applicants seeking an outdoor special event permit. Agenda Page 12 Page 4 11/4/2024 C. A request for a Temporary Cannabis Event permit that meets the requirements of this Chapter shall be approved. A request for a Temporary Cannabis Event permit that does not meet the requirements of this Chapter shall be denied. The City shall notify the applicant of the standards not met and basis for denial.; Section Two: This amendment shall be in full force and effective upon its passage and publication. Adopted by the City Council of the City of Albertville on this 16th day of December 2024. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 13 Page 1 11/4/2024 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2024-__ AN ORDINANCE AMENDING THE ALBERTVILLE CITY CODE RELATING TO THE REGULATION OF CANNABIS AND CANNABIS BUSINESSES WITHIN THE CITY The City Council of the City of Albertville, Minnesota, hereby ordains: Section One: Title 4: Business Regulations in the Albertville City Code is hereby amended by inserting the following language as Chapter 12: Cannabis Business Registration: “CHAPTER 12 CANNABIS RETAIL BUSINESS REGISTRATION 4-12-1 ADMINISTRATION A. Findings and Purpose. The purpose of this ordinance is to implement the provisions of Minnesota Statutes, chapter 342, which authorizes the City of Albertville to protect the public health, safety, welfare of the City of Albertville residents by regulating cannabis businesses. The City of Albertville finds and concludes the proposed provisions are appropriate and lawful regulations, will promote the community's interest, and are in the public interest and for the public good. B. Authority and Jurisdiction. The City of Albertville has the authority to adopt this ordinance pursuant to: 1. Minn. Stat. 342.13(c), regarding the authority of a local unit of government to adopt reasonable restrictions of the time, place, and manner of the operation of a cannabis business provided that such restrictions do not prohibit the establishment or operation of cannabis businesses. 2. Minn. Stat. 342.22, regarding the local registration and enforcement requirements of state- licensed cannabis retail businesses and lower-potency hemp edible retail businesses. 3. Minn. Stat. 152.0263, Subd. 5, regarding the use of cannabis in public places. C. Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. D. Enforcement. The City of Albertville is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements constitutes a misdemeanor and is punishable as defined by law. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity listed in this ordinance. 4-12-2 DEFINITIONS Agenda Page 14 Page 2 11/4/2024 Unless otherwise noted in this section, words and phrases contained in Minn. Stat. 342.01 and the rules promulgated pursuant to any of these acts, shall have the same meanings in this ordinance. A. Cannabis Retail Businesses: A retail location and the retail location(s) of a mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, and lower-potency hemp edible retailers. B. Cannabis Retailer: Any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form. C. Lower-potency Hemp Edible: As defined under Minn. Stat. 342.01 subd. 50. D. Office of Cannabis Management: Minnesota Office of Cannabis Management, referred to as “OCM” in this ordinance. E. Retail Registration: An approved registration issued by the City of Albertville to a state- licensed cannabis retail business. F. State License: An approved license issued by the State of Minnesota’s Office of Cannabis Management to a cannabis retail business. 4-12-3 REGISTRATION OF CANNABIS BUSINESSES A. Consent to registering of Cannabis Businesses 1. No individual or entity may operate a state-licensed cannabis retail business within the City of Albertville without first registering with the City. 2. Any state-licensed cannabis retail business that sells to a customer or patient without valid retail registration shall incur a civil penalty of up to $2,000 for each violation. B. Compliance Checks Prior to Retail Registration 1. Prior to issuance of a cannabis retail business registration, the City of Albertville shall conduct a preliminary compliance check to ensure compliance with local ordinances. 2. Pursuant to Minn. Stat. 342, within 30 days of receiving a copy of a state license application from OCM, the City of Albertville shall certify on a form provided by OCM whether a proposed cannabis retail business complies with local zoning ordinances and, if applicable, whether the proposed business complies with the state fire code and building code. C. Registration & Application Procedure 1. Fees. A registration fee, as established in the City of Albertville’s fee schedule, shall be charged to applicants depending on the type of retail business license applied for. a. An initial retail registration fee shall not exceed $500 or half the amount of an initial state license fee under Minn. Stat. 342.11, whichever is less. The initial registration fee shall include the initial retail registration fee and the first annual renewal fee. b. Any renewal retail registration fee shall be charged at the time of the second renewal Agenda Page 15 Page 3 11/4/2024 and each subsequent renewal thereafter. c. A renewal retail registration fee shall not exceed $1,000 or half the amount of a renewal state license fee under Minn. Stat. 342.11, whichever is less. d. A medical combination business operating an adult-use retail location may only be charged a single registration fee, not to exceed the lesser of a single retail registration fee, defined under this section, of the adult-use retail business. 2. Application Submittal. The City of Albertville shall issue a retail registration to a state- licensed cannabis retail business that adheres to the requirements of Minn. Stat. 342.22. a. An applicant for a retail registration shall fill out an application form, as provided by the city clerk. Said form shall include, but is not limited to: i. Full name of the property owner and applicant. ii. Address, email address, and telephone number of the applicant. iii. The address and parcel ID for the property of which the retail registration is sought. iv. Certification that the applicant complies with the requirements of local ordinance established pursuant to Minn. Stat. 342.13. b. The applicant shall include the form: i. the registration fee as established in the City’s fee schedule. ii. a copy of a valid state license or written notice of OCM license preapproval. c. Once an application is considered complete, the City shall inform the applicant as such, process the application fees, and forward the application to the City Council for approval or denial. d. The application fee shall be non-refundable once processed. 3. Application Approval a. A state-licensed cannabis retail business application shall not be approved or renewed if the applicant is unable to meet the requirements of this ordinance. b. A state-licensed cannabis retail business application that meets the requirements of this ordinance shall be approved. 4. Annual Compliance Checks. a. The City of Albertville shall complete at minimum one compliance check per calendar year of every cannabis business to assess if the business meets age verification requirements, as required under Minn. Stat. 342.22 Subd. 4(b) and Minn. Stat. 342.24 and this ordinance. b. The City of Albertville shall conduct at minimum one unannounced age verification compliance check at least once per calendar year. i. Age verification compliance checks shall involve persons at least 17 years of age but under the age of 21 who, with the prior written consent of a parent or guardian if the person is under the age of 18, attempt to purchase adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer products under the direct supervision of a law Agenda Page 16 Page 4 11/4/2024 enforcement officer or an employee of the local unit of government. c. Any failures under this section must be reported to the Office of Cannabis Management. 5. Location Change a. If a state-licensed cannabis retail business seeks to move to a new location still within the legal boundaries of the City of Albertville, it shall notify the City of the proposed location change and submit necessary information to meet all the criteria in this paragraph. D. Renewal of Registration 1. The City of Albertville shall renew an annual registration of a state-licensed cannabis retail business at the same time OCM renews the cannabis retail business’ license. a. A state-licensed cannabis retail business shall apply to renew registration on a form established by the City. b. A cannabis retail registration issued under this ordinance shall not be transferred. 2. Renewal Fees. a. The City may charge a renewal fee for the registration starting at the second renewal, as established in City’s fee schedule. 3. Renewal Application. a. The application for renewal of a retail registration shall include but is not limited to the items required under Section C, 2 of this Chapter. E. Suspension of Registration 1. When Suspension is Warranted. a. The City of Albertville may suspend a cannabis retail business’s registration if it violates the ordinances of City of Albertville or poses an immediate threat to the health or safety of the public. The City of Albertville shall immediately notify the cannabis retail business in writing the grounds for the suspension. 2. Notification to OCM. a. The City of Albertville shall immediately notify the OCM in writing the grounds for the suspension. OCM will provide the City of Albertville and cannabis business retailer a response to the complaint within seven calendar days and perform any necessary inspections within 30 calendar days. 3. Length of Suspension. a. The suspension of a cannabis retail business registration may be for up to 30 calendar days, unless OCM suspends the license for a longer period. The business may not make sales to customers if their registration is suspended. b. The City of Albertville may reinstate a registration if it determines that the violations have been resolved. c. The City of Albertville shall reinstate a registration if OCM determines that the Agenda Page 17 Page 5 11/4/2024 violation(s) have been resolved. 4. Civil Penalties. a. Subject to Minn. Stat. 342.22, subd. 5(e) the City of Albertville may impose a civil penalty, as specified in the City’s Fee Schedule, for registration violations, not to exceed $2,000. 4-12-4 REQUIREMENTS FOR CANNABIS BUSINESSES A. Number of Retailers 1. The City of Albertville limits the number of cannabis retail businesses, or cannabis businesses with retail endorsements, to one registration per 12,500, pursuant to Minn. Stat. 342.13, subd. i, as may be amended. However, pursuant to Minn. Stat. 342.13 subd. j, if Wright County has one active registration for every 12,500 residents, then the number of new retail registrations shall be zero. B. Minimum Buffer Requirements per Section 4400.5 of the Zoning Ordinance shall be required. 4-12-5 USE IN PUBLIC PLACES No person shall use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp- derived consumer products in a public place or a place of public accommodation unless the premises is an establishment or an event licensed to permit on-site consumption of adult use..”; Section Two: This amendment shall be in full force and effective upon its passage and publication. Adopted by the City Council of the City of Albertville on this 16th day of December 2024. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 18 Page 1 11/4/2024 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2024-__ AN ORDINANCE AMENDING THE ALBERTVILLE CITY CODE RELATING TO EXCESSIVE NOISE REGULATION WITHIN THE CITY The City Council of the City of Albertville, Minnesota, hereby ordains: Section One: Title 5: Health and Sanitation, Chapter 1: Nuisances, Section 3: Public Nuisances Affecting Health, Subsection M: Noise in the Albertville City Code is hereby amended by striking the following language: “M. Noise: Noise in violation of chapter 5 of this title. The emission of noise by any use shall be in compliance with and regulated by the Minnesota pollution control standards, MPCA chapter 7030, as amended.”; Section Two: Title 5: Health and Sanitation, Chapter 1: Nuisances, Section 5: Public Nuisances Affecting Peace and Safety in the Albertville City Code is hereby amended by inserting Subsection R. Regulation of Excessive Noise including the following language: “R. Regulation of Excessive Noise. The purpose of this section of the City Code is to establish regulations to control excessive noise levels to protect the health, safety, and welfare of the citizens of the City of Albertville. 1. Definitions For the purposes of this section, the following definitions shall apply: (a) “Noise” means sound that is loud, unpleasant, or disruptive. (b) “Excessive Noise” means any sound that exceeds the maximum permissible noise levels established in this section of City Code. (c) "Motor vehicle" means any self-propelled vehicle not operated exclusively upon railroad tracks. (d) “Residential Areas” means R-1, R-1A, R-2, R-3, PAA PUD, R-4, R-5, R-6, R-7, R-8, and PUD Zoning Districts. (e) “Commercial Areas” means B-2, B-2A, B-3, B-4, BW, PUD and Zoning Districts. (f) “Industrial Areas” means I-1, I-2, PUD, and P/I Zoning Districts. 2. Maximum Permissible Noise Levels (a) Daytime Noise Levels (7:00 AM to 10:00 PM) Agenda Page 19 Page 2 11/4/2024 - Residential Areas: 65 dBA for noises exceeding six minutes of the hour or 60 dBA for noises exceeding thirty minutes of the hour. - Commercial Areas: 70 dBA for noises exceeding six minutes of the hour or 65 dBA for noises exceeding thirty minutes of the hour. - Industrial Areas: 80 dBA for noises exceeding six minutes of the hour or 75 dBA for noises exceeding thirty minutes of the hour. (b) Nighttime Noise Levels (10:00 PM to 7:00 AM) - Residential Areas: 55 dBA for noises exceeding six minutes of the hour or 50 dBA for noises exceeding thirty minutes of the hour. - Commercial Areas: 70 dBA for noises exceeding six minutes of the hour or 65 dBA for noises exceeding thirty minutes of the hour. - Industrial Areas: 80 dBA for noises exceeding six minutes of the hour or 75 dBA for noises exceeding thirty minutes of the hour. 3. Method of Measurement A City official or agent thereof shall use a decibel meter calibrated within 365 days of the date of the measurement to determine the noise level at the property line where upon the noise is being generated. Any noise measured to exceed the noise levels set out in the section constitutes an excessive noise in violation in violation of Section 5-1-13 of City Code. 4. Exemptions This section will not apply to the following excessive noises: (a) Amplifying equipment used in connection with activities which are authorized, sponsored, or permitted by the City of Albertville, so long as the activity is conducted pursuant to the conditions of the license, permit, or contract authorizing such activity. (b) Church bells, chimes, or carillons. (c) School bells. (d) Anti-theft devices. (e) Machines or devices for the production of sound on or in authorized emergency vehicles. (f) Noise created exclusively in the performance of emergency work to preserve the public health, safety or welfare, or in the performance of emergency work necessary to restore a public service or eliminate a public hazard, including emergency street and utility repairs and cleaning. This shall include equipment, but is not limited to, pile drivers, jackhammers, cranes, scrapers, dump trucks, backhoes, bulldozers, jet trucks, tractor trucks and other construction equipment. (g) Noise created by the use of emergency generators during emergency repairs or time periods when utility power is not available. This shall include, but not limited to, Agenda Page 20 Page 3 11/4/2024 the following equipment: stationary and portable generators utilized in the performance of providing services to the city. (h) Noise created by the required testing of emergency generators. (i) Sanitary or storm sewer cleaning performed by utility personnel or contractors of the city. 5. Other Prohibited Noises (a) The discharge into the open air of the exhaust of any vehicle except through a muffler or other similar device which is free of holes, cracks or other defects, which will effectively prevent loud or explosive noises therefrom. (b) No person shall operate any outdoor power implement, including, but not limited to, power lawn mowers, snow blowers, leaf blowers, weed trimmers, parking lot sweepers, power hedge clippers or such other implements designed primarily for outdoor use, at any time other than between the hours of 7:00 a.m. and 10:00 p.m. on weekdays and 9:00 a.m. and 9:00 p.m. on weekends and holidays.”; Section Three: This amendment shall be in full force and effective upon its passage and publication. Adopted by the City Council of the City of Albertville on this 16th day of December 2024. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 21 Page 1 11/4/2024 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2024-__ AN ORDINANCE AMENDING THE ALBERTVILLE CITY CODE AND ZONING ORDINANCE RELATING TO THE REGULATION OF CANNABIS AND CANNABIS BUSINESSES WITHIN THE CITY The City Council of the City of Albertville, Minnesota, hereby ordains: Section One: Appendix A: City of Albertville Zoning Ordinances, Chapter 200: Rules and Definitions Section 2: Definitions of the Albertville City Code is hereby amended, inserting the following definitions alphabetically: “Cannabis Business: Any of the cannabis businesses defined by Minnesota Statute 324.01, subd. 14, as may be amended. Cannabis Cultivator: A cannabis business that conducts an operation pursuant to Minnesota Statues Section 342.30, as may be amended. Cannabis Delivery Service: A cannabis business that conducts an operation pursuant to Minnesota Statute Section 341.41 and 342.42, as may be amended. Cannabis Event Organizer: A cannabis business that conducts an operation pursuant to Minnesota Statute Section 342.39 and 342.40, as may be amended. Cannabis Manufacturer: A cannabis business that conducts an operation pursuant to Minnesota Statute Section 342.31, as may be amended. Cannabis, Mezzobusiness: A cannabis business that conducts an operation pursuant to Minnesota Statute Section 342.29, as it may be amended. Cannabis, Microbusiness: A cannabis business that conducts an operation pursuant to Minnesota Statute Section 342.28, as it may be amended. Cannabis Sales, Retail: The sale of cannabis plants and seedlings, adult-use cannabis flower, and adult use cannabis products directly to consumers. Cannabis Retailer: A cannabis business that conducts an operation pursuant to Minnesota Statues Section 342.32, as may be amended. Cannabis Sales, Wholesale: The sale of cannabis plants and seedlings, adult-use cannabis flower, and adult use cannabis products to another cannabis business. Cannabis Testing Facility: A cannabis business that conducts an operation pursuant to Minnesota Statute Section 342.37 and 342.38, as may be amended. Cannabis Transporter: A cannabis business that conducts an operation pursuant to Minnesota Statute Section 342.35 and 342.36, as may be amended. Agenda Page 22 Page 2 11/4/2024 Cannabis Wholesaler- A cannabis business that conducts an operation pursuant to Minnesota Statues Section 342.33 and 342.34, as may be amended. Daycare: A location licensed with the Minnesota Department of Human Services to provide the care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24-hour day. Light Manufacturing, Lower-Potency Hemp Edible: A hemp business that conducts an operation pursuant to Minnesota Statute Section 342.45, as it may be amended. Lower-Potency Hemp Edible sales: The sale of lower-potency hemp edibles, that have been obtained from a licensed Minnesota cannabis microbusiness, cannabis mezzobusiness, cannabis manufacturer, cannabis wholesaler, or lower-potency hemp edible manufacturer, directly to consumers. Lower-Potency Hemp Manufacturer: A low potency hemp business that conducts an operation pursuant to Minnesota Statues Section 342.45, as may be amended. Lower-Potency Hemp Edible Retailer: A low potency hemp business that conducts an operation pursuant to Minnesota Statues Section 342.46, as may be amended. Office of Cannabis Management: Minnesota Office of Cannabis Management, referred to as “OCM” in this ordinance. Place of Public Accommodation: A business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public. Public Place: A public park or trail, public street or sidewalk; any enclosed, indoor area used by the general public, including, but not limited to, restaurants; bars; any other food or liquor establishment; hospitals; nursing homes; auditoriums; arenas; gyms; meeting rooms; common areas of rental apartment buildings, and other places of public accommodation. Residential Treatment Facility: As defined under Minn. Stat. 245.462 subd. 23. Retail Registration: An approved registration issued by the City of Albertville to a state- licensed cannabis retail business. School: A public school as defined under Minn. Stat. 120A.05 or a nonpublic school that must meet the reporting requirements under Minn. Stat. 120A.24. Unlicensed Cannabis Business: A business that operates in the cannabis industry without being formally registered or authorized under one of the cannabis business types outlined in Minnesota Statute 342.01, Subdivision 14. Such unlicensed cannabis businesses are not permitted in any zoning district within the City's jurisdiction. Agenda Page 23 Page 3 11/4/2024 Section Two: Appendix A: City of Albertville Zoning Ordinances, Chapter 400: Administration Conditional Use Permits of the Albertville City Code is hereby amended, inserting the following language: “CHAPTER 400 ADMINISTRATION CONDITIONAL USE AND INTERIM USE PERMITS 400.1: PURPOSE The purpose of a conditional use permit and interim use permit is to provide the city with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making this determination, whether or not the conditional or interim use is to be allowed, the city may consider the nature of the adjoining land or buildings, the effect upon traffic into and from the premises, or on any adjoining roads, and all other or further factors as the city shall deem a prerequisite of consideration in determining the effect of the use on the general welfare, public health and safety. 400.2: PROCEDURE A. Request for conditional use permits and interim use permits, as provided within this ordinance, shall be filed with the zoning administrator on an official application form. Such application shall be accompanied by a fee established by section 3-1-3 of the city code. Such application shall also be accompanied by ten (10) copies of detailed written and graphic materials fully explaining the proposed change, development, or use and a list of property owners located within three hundred fifty feet (350') of the subject property obtained from and certified by Wright County or the city. The request for conditional use or interim use permit shall be placed on the agenda of the first possible planning commission meeting occurring twenty-one (21) days from the date of submission of the application. The request shall be considered as being officially submitted when all the information requirements are complied with. J. The city council shall not grant a conditional use or interim use permit until they have received a report and recommendation from the planning commission or until sixty (60) days after the first regular planning commission meeting at which the request was considered. N. Approval of a request for a conditional use or interim use permit shall require passage by a majority vote of the city council O. Whenever an application for a conditional use or interim use permit has been considered and denied by the city council, a similar application and proposal for a conditional use permit affecting either a portion or all of the same property shall not be considered again by the planning commission or city council for at least one year from the date of its denial, except as follows: 1. Applications are withdrawn prior to the city council taking action on the matter. Agenda Page 24 Page 4 11/4/2024 2. If the city council determines that the circumstances surrounding a previous application have changed significantly. 3. If the city council decides to reconsider such matter by a four-fifths (4/5) vote of the entire city council. P. If a request for a conditional use or interim use permit receives approval of the city council, the applicant shall record such with the county registrar of titles. The applicant, immediately upon recording such or as soon as is reasonably possible, shall furnish the city proof of recording. No building permits for the property in question will be granted until such proof of recording is furnished to the city. 400.3: APPLICATION The conditional use or interim use permit and the stipulations and limitations imposed therein shall be applied to the property in question. The city, if so stated in formal action, may also apply the stipulations and limitations: A. To the property in question, limited to the present owner. B. To the property in question, for a specified time period. (Ord. 1988-12, 12-19- 1988) 400.4: INFORMATION REQUIREMENT: The information required for all conditional use or interim use permit applications generally consists of the following items, and shall be submitted when requested by the city: A. Site Development Plan: 1. A certificate of survey locating all buildings on lots, including both existing and proposed structures. 2. Location of all adjacent buildings located within three hundred fifty feet (350') of the exterior boundaries of the property in question. 3. Location and number of existing and proposed parking spaces. 4. Vehicular circulation. 5. Architectural elevations (type and materials used in all external surface). 6. Location and type of all proposed lights. 7. Curb cuts, driveways, number of parking spaces. B. Dimension Plan: 1. Lot dimensions and area. 2. Dimensions of proposed and existing structures. 3. "Typical" floor plan and "typical" room plan. 4. Setbacks of all buildings located on the property in question. 5. Proposed setbacks. C. Sanitary Sewer And Water Plan: With estimated use per day. D. Grading Plan: 1. Existing contours. 2. Proposed grading elevations. 3. Drainage configuration. Agenda Page 25 Page 5 11/4/2024 4. Storm sewer catch basins and invert elevations. 5. Spot elevations. 6. Proposed road profile. E. Landscape Plan: 1. Location of all existing trees, type, diameter, and which trees will be removed. 2. Location, type and diameter of all proposed plantings. 3. Location and material used for all screening devices. F. Legal Description: Legal description of property under consideration. G. Ownership Of Land: Proof of ownership of the land for which a conditional use permit is requested. (Ord. 1988-12, 12-19-1988; amd. 2005 Code) 400.5: LAPSE OF CONDITIONAL USE PERMIT BY NONUSE: Whenever, within one year after granting a conditional use or interim use permit, the use as allowed by the permit shall not have been initiated or utilized, then such permit shall become null and void, unless a petition is filed for an extension of time in which to complete or utilize the use that was approved by the city council. Such extension shall be requested in writing and filed with the zoning administrator at least thirty (30) days before the expiration of the original conditional or interim use permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. Such petition shall be presented to the planning commission for a recommendation and to the city council for a decision. (Ord. 1988-12, 12-19-1988; amd. 2005 Code) 400.6: PERFORMANCE SECURITY A. Except in the case of non-income producing residential property (excluding relocated structures), upon approval of a conditional use or interim use permit, the city shall be provided, where deemed necessary, with an irrevocable letter of credit, surety bond, cash escrow, certificate of deposit payable to the city, or cash deposit prior to the issuing of building permits or the initiation of work on the proposed improvements or development. Said security shall be noncancelable and guarantee conformance and compliance with the conditions of the conditional use permit and the city's ordinances. B. The security shall be in the amount equal to one hundred twenty-five percent (125%) of the city engineer's or city building official's estimated costs of labor and materials for the proposed improvements or development. Said project can be handled in stages upon the discretion of the city engineer and building official. C. The city shall hold the security until the proposed improvements or development is completed and a certificate of occupancy indicating compliance with the city's conditional use or interim permit and regulations has been issued by the city building official. Agenda Page 26 Page 6 11/4/2024 D. Failure to comply with the conditions of the conditional use or interim use permit or the regulations of the city shall result in forfeiture of the security. (Ord. 1988-12, 12-19-1988) 400.7: CONDITIONAL USE OR INTERIM USE PERMIT INITIATION: The city council or planning commission may, upon their own motion, initiate a request for a conditional use or interim use permit in conformance with the provisions of this ordinance. Any person owning real estate or having documented interest therein, within the city, may initiate a request for a conditional use or interim use permit for real estate in conformance with the provisions of this title. (Ord. 1988-12, 12-19-1988) 400.8: CONIDTIONAL USE OR INTERIM USE PERMIT REVOCATION: If a conditional use or interim use permit is in violation of this ordinance or conditions of permit approval, the city may initiate a process to revoke the conditional use permit involving the following steps: A. Written notice of violation to the property owner citing the violation and time frame to correct violations. If the conditional use permit was issued to a person other than the owner, the city shall also provide notice to such other person at the last known address for such person as contained in the city's files. B. If violations are not corrected within the stated time frame, the city will notify the property owner and conditional use or interim use permit holder and publish a public hearing notice for a public hearing to consider revocation of the conditional use or interim use permit. Notification of the public hearing shall be published in the official newspaper at least ten (10) days prior to the hearing, and written notification of said hearing shall be mailed at least ten (10) days prior to all owners of land within three hundred fifty feet (350') of the boundary of the property in question. C. City staff shall prepare a report outlining the terms of approval, violations, and findings for the conditional use or interim use permit revocation. D. A public hearing may be held by either the planning commission or city council. If a public hearing is held by the planning commission, the planning commission shall provide findings and recommendation for action to the city council within ten (10) days of the commencement of the public hearing. If no such recommendation is forthcoming within the ten (10) day period, the city council may act without the recommendation of the planning commission. E. If the city council holds a public hearing, the city council shall review the city staff report(s), take testimony from the property owner, and public testimony, and make a decision on the conditional use permit revocation. F. Following a vote by the city council to revoke the conditional use or interim use permit, the city shall file a certified copy thereof including a legal description of Agenda Page 27 Page 7 11/4/2024 the property with the county recorder and/or registrar of titles and shall mail notice of its decision to the property owner and holder of the conditional use or interim use permit. G. If the conditional use or interim use permit is revoked any unfinished portions of the conditional use or interim use permit improvements shall be removed and returned to the preapproval conditions. Finished improvements may remain but shall only be used in accordance with city ordinances. Violations of this provision will be subject to code enforcement as outlined in title 1, chapter 6 of the city code. (Ord. 2016-09, 8-15-2016) 400.9: INTERIM USE PERMIT TERMINATION A. All interim use permits shall be approved with predetermined termination dates no less than one year before the date of adoption. B. All interim use permits shall terminate on the occurrence of any of the following events, whichever occurs first: 1. The termination date established by the City Council and stated in the interim use permit. 2. A violation of the conditions under which the interim use permit was issued. 3. A change in this ordinance that causes the use to become nonconforming. If a lawfully existing interim use is rendered nonconforming as a result of a change in this Ordinance, the use may continue until it is terminated in accordance with the terms of the interim use permit issued for the use, or until the use is discontinued for at least twelve (12) months, whichever occurs first. 4. The use has been discontinued for twelve (12) or more months. C. Upon expiration of an interim use permit, the applicant may reapply for a renewal of the interim use permit. Prior granting of an interim use permit does give an applicant any vested right to renewal.”; Section Three: Appendix A: City of Albertville Zoning Ordinances, Chapter 3100: A-1 Agricultural Rural District of the Albertville City Code is hereby amended, inserting the following language: “3100.5: INTERIM USES: The following are interim uses in an A-1 District: (Requires an interim use permit based upon procedures set forth in and regulated in Chapter 400 of this ordinance). Agriculture, Commercial Outdoor Cannabis. Subject to the following conditions: Agenda Page 28 Page 8 11/4/2024 A. Must be licensed by the State of Minnesota as a Cannabis Cultivator and in compliance with the standards set by the Office of Cannabis Management. B. Buffer Required: 1. The City of Albertville shall prohibit the operation of a cannabis business within 1,000 feet of a school. 2. The City of Albertville shall prohibit the operation of a cannabis business within 500 feet of a daycare. 3. The City of Albertville shall prohibit the operation of a cannabis business within 500 feet of a residential treatment facility. 4. The City of Albertville shall prohibit the operation of a cannabis business within 500 feet of an attraction within a public park that is regularly used by minors, including a playground or athletic field. 5. Pursuant to Minn. Stat. 462.357 subd. 1e, nothing in this Section shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a school, daycare, residential treatment facility, or attraction within a public park that is regularly used by minors moves within the minimum buffer zone. C. Any area used to cultivate or grow cannabis must meet the setbacks as prescribed in 3100.5 of this Chapter. D. Any area where cannabis is grown, handled, or packaged shall be completely fenced as required by the Office of Cannabis Management and equipped with an emergency key box. E. No onsite consumption is permitted. F. The use must meet all other A-1 District standards listed in Chapter 3100 of this ordinance. Agriculture, Commercial Indoor Cannabis. Subject to the following standards: A. Must be licensed by the State of Minnesota as a Cannabis Cultivator and in compliance with the standards set by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. B. Buffer Required: 1. The City of Albertville shall prohibit the operation of a cannabis business within 1,000 feet of a school. 2. The City of Albertville shall prohibit the operation of a cannabis business within 500 feet of a day care. 3. The City of Albertville shall prohibit the operation of a cannabis business within 500 feet of a residential treatment facility. 4. The City of Albertville shall prohibit the operation of a cannabis business within 500 feet of an attraction within a public park that is regularly used by minors, including a playground or athletic field. 5. Pursuant to Minn. Stat. 462.357 subd. 1e, nothing in this Section shall prohibit an active cannabis business or a cannabis business seeking Agenda Page 29 Page 9 11/4/2024 registration from continuing operation at the same site if a school, daycare, residential treatment facility, or attraction within a public park that is regularly used by minors moves within the minimum buffer zone. C. The facility shall be secured as required by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. D. Any structure shall meet the setbacks as prescribed in 3100.6 of this Chapter. E. The use must meet all other A-1 District dimensional standards listed in Chapter 3100 of this ordinance. F. Indoor cannabis cultivation and growing facilities within the A-1 District must be designed to appear like traditional agricultural structures and must be consistent with the character of the area. G. The facility shall not produce noxious or nuisance causing odors, subject to the following conditions: 1. The facility shall be ventilated so that all odors cannot be detected by a person with a normal sense of smell at the exterior of the facility or at any adjoining use or property. 2. Growing cannabis must comply with all applicable laws and shall not produce noxious or dangerous gases or odors or otherwise create a danger to any person or entity in or near the facilities. 3. The applicant shall provide plans that show appropriate odor control systems so as not to produce any noxious or dangerous gases or odors or create any dangers to any person or entity in or near the facility. 4. An odor maintenance plan must be submitted to the City and approved by the City. H. All mechanical and odor suppression equipment and trash enclosures must be screened in a manner that protects adjacent properties from visual impacts and noise levels. I. Outdoor storage of containers, pallets, waste/recycle containers, etc. is prohibited. J. Lighting shall meet the requirements of Chapter 1000.10 of this Ordinance. 1. Lighting within a greenhouse is permitted between the hours of 4:30 a.m. and 10:00 p.m. K. Noise shall be muffled or otherwise controlled so as not to become a nuisance per Title 5, Chapter 1 of this Code. L. Water and Wastewater 1. Management of wastewater shall be in accordance with the Office of Cannabis Management, Minnesota Pollution Control Agency, or local ordinances. Where multiple standards exist, the more restrictive of the standards shall apply. Agenda Page 30 Page 10 11/4/2024 2. Water use within the site shall be designed to maximize the amount of water reuse possible. M. No onsite consumption is permitted. N. Off-street parking requirements shall be met per Chapter 1200 of this Ordinance. O. Off-street loading requirements shall be met per Chapter 1300 of this Ordinance. 3100.6: LOT REQUIREMENTS AND SETBACKS 3100.7: MAXIMUM BUILDING HEIGHT 3100.8: MAXIMUM LOT COVERAGE”; Section Four: Appendix A: City of Albertville Zoning Ordinances, Chapter 4400: B-3 Highway Commercial District of the Albertville City Code is hereby amended, inserting the following language: “4400.5: INTERIM USES Cannabis Delivery Service. Cannabis delivery services are allowed as an accessory use to a cannabis retail sales establishment or a lower potency hemp retail establishment with an interim use permit, subject to the following standards: A. Must be licensed by the State of Minnesota as a Cannabis Delivery Service and in compliance with the standards set by the Office of Cannabis Management. B. The use must meet all other B-3 District performance standards, listed in Chapter 4400 of this ordinance. C. Only fleet vehicle parking will be permitted outside of the principal structure. D. Fleet vehicle parking must be screened in accordance with Chapter 1000.7 of the Zoning Ordinance. E. Fleet vehicle parking may not occupy any required parking spaces. F. All delivery and loading areas must be screened from view of the public street or adjacent properties. G. Signage. A maximum of two fixed signs, including freestanding and wall signs, is permitted per site. All signage must meet the size and location requirements of Title 10, Chapter 7 of the Code of Ordinances. H. Off-street parking requirements shall be met per Chapter 1200 of this Ordinance. I. Off-street loading requirements shall be met per Chapter 1300 of this Ordinance. Cannabis Sales, Low Potency Hemp Sales, Retail. As a principal or accessory use, retail cannabis and low potency hemp sales are allowed with an interim use permit,, subject to the following standards: Agenda Page 31 Page 11 11/4/2024 A. Must be licensed by the State of Minnesota as a Cannabis Retailer and/or Lower Potency Hemp Retailer and in compliance with the standards set by the Office of Cannabis Management. B. Must be registered with the City of Albertville. C. Buffer Required: 1. The City of Albertville shall prohibit the operation of a cannabis business within 1,000 feet of a school. 2. The City of Albertville shall prohibit the operation of a cannabis business within 500 feet of a daycare. 3. The City of Albertville shall prohibit the operation of a cannabis business within 500 feet of a residential treatment facility. 4. The City of Albertville shall prohibit the operation of a cannabis business within 500 feet of an attraction within a public park that is regularly used by minors, including a playground or athletic field. 5. Pursuant to Minn. Stat. 462.357 subd. 1e, nothing in this Section shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a school, daycare, residential treatment facility, or attraction within a public park that is regularly used by minors moves within the minimum buffer zone. D. The use must meet all other B-3 District performance standards, listed in Chapter 4400 of this ordinance. E. Hours of operation are limited to 10:00 AM to 9:00 PM. F. Signage. All signage must meet the size and location requirements of Title 10, Chapter 7 of the Code of Ordinances. G. Lighting shall meet the requirements of Chapter 1000.10 of this Ordinance. H. No outdoor storage or display of equipment or merchandise is permitted. Outdoor storage of vehicles associated with the use may be permitted with a Conditional Use Permit issued in accordance with Chapter 4400.4. I. No onsite consumption is permitted. J. Temporary Cannabis events may be permitted administratively pursuant to Title 4-11 for retail locations not in violation of City Code. K. Off-street parking requirements shall be met per Chapter 1200 of this Ordinance L. Off-street loading requirements shall be met per Chapter 1300 of this Ordinance. 4400.6: PROHIBITED USES: 4400.7: LOT REQUIREMENTS AND SETBACKS: 4400.8: MAXIMUM BUILDING HEIGHT: 4400.9: ARCHITECTURAL STANDARDS:”; Agenda Page 32 Page 12 11/4/2024 Section Five: Appendix A: City of Albertville Zoning Ordinances, Chapter 4600: I-1 Limited Industrial District of the Albertville City Code is hereby amended, inserting the following language: “4600.5 INTERIM USES Agriculture, Commercial Indoor Cannabis. As a principal or accessory use, commercial indoor cannabis agriculture or cultivation is allowed with an interim use permit, subject to the following standards: A. Must be licensed by the State of Minnesota as a Cannabis Cultivator and in compliance with the standards set by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. B. Buffer Required: 1. The City of Albertville shall prohibit the operation of a cannabis business within 1,000 feet of a school. 2. The City of Albertville shall prohibit the operation of a cannabis business within 500 feet of a day care. 3. The City of Albertville shall prohibit the operation of a cannabis business within 500 feet of a residential treatment facility. 4. The City of Albertville shall prohibit the operation of a cannabis business within 500 feet of an attraction within a public park that is regularly used by minors, including a playground or athletic field. 5. Pursuant to Minn. Stat. 462.357 subd. 1e, nothing in this Section shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a school, daycare, residential treatment facility, or attraction within a public park that is regularly used by minors moves within the minimum buffer zone. C. The facility shall be secured as required by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. D. The use must meet all other I-1 District performance standards, listed in Chapter 4600 of this ordinance. E. The facility shall not produce noxious or nuisance causing odors, subject to the following conditions: 1. The facility shall be ventilated so that all odors cannot be detected by a person with a normal sense of smell at the exterior of the facility or at any adjoining use or property. 2. Growing cannabis must comply with all applicable laws and shall not produce noxious or dangerous gases or odors or otherwise create a danger to any person or entity in or near the facilities. 3. The applicant shall provide plans that show appropriate odor control systems so as not to produce any noxious or dangerous gases or odors or create any dangers to any person or entity in or near the facility. Agenda Page 33 Page 13 11/4/2024 4. An odor maintenance plan must be submitted to the City and approved by the City. F. All mechanical, odor suppression equipment, and trash enclosures must be screened in a manner that protects adjacent properties from visual impacts and noise levels. G. Outdoor storage of containers, pallets, waste/recycle containers, etc. is prohibited. H. Lighting shall meet the requirements of Chapter 1000.10 of this Ordinance. 1. Lighting within a greenhouse is permitted between the hours of 4:30 a.m. and 10:00 p.m. I. Water and Wastewater 1. Management of wastewater shall be in accordance with the Office of Cannabis Management, Minnesota Pollution Control Agency, or local ordinances. Where multiple standards exist, the more restrictive of the standards shall apply. 2. Water use within the site shall be designed to maximize the amount of water reuse possible. J. Signage. All signage must meet the size and location requirements of Title 10, Chapter 7 of the Code of Ordinances. K. Noise shall be muffled or otherwise controlled so as not to become a nuisance per section Title 5, Chapter 1 of this Code. L. No onsite consumption is permitted. M. Off-street parking requirements shall be met per Chapter 1200 of this Ordinance. N. Off-street loading requirements shall be met per Chapter 1300 of this Ordinance. Cannabis Delivery Service. Cannabis delivery services are allowed as an accessory use to a cannabis wholesale establishment with an interim use permit, subject to the following standards: A. Must be licensed by the State of Minnesota as a Cannabis Delivery Service and in compliance with the standards set by the Office of Cannabis Management. B. Buffer Required: 1. The City of Albertville shall prohibit the operation of a cannabis business within 1,000 feet of a school. 2. The City of Albertville shall prohibit the operation of a cannabis business within 500 feet of a day care. 3. The City of Albertville shall prohibit the operation of a cannabis business within 500 feet of a residential treatment facility. Agenda Page 34 Page 14 11/4/2024 4. The City of Albertville shall prohibit the operation of a cannabis business within 500 feet of an attraction within a public park that is regularly used by minors, including a playground or athletic field. 5. Pursuant to Minn. Stat. 462.357 subd. 1e, nothing in this Section shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a school, daycare, residential treatment facility, or attraction within a public park that is regularly used by minors moves within the minimum buffer zone. C. The use must meet all other I-1 District performance standards, listed in Chapter 4600 of this ordinance. D. Only fleet vehicle parking will be permitted outside of the principal structure. E. Fleet vehicle parking must be screened in accordance with Chapter 1000.7 of the Zoning Ordinance. F. Fleet vehicle parking may not occupy any required parking spaces. G. All delivery and loading areas must be screened from view of the public street or adjacent properties. H. Signage. All signage must meet the size and location requirements of Title 10, Chapter 7 of the Code of Ordinances. I. Off-street parking requirements shall be met per Chapter 1200 of this Ordinance. J. Off-street loading requirements shall be met per Chapter 1300 of this Ordinance. Cannabis, Low Potency Hemp Manufacturer. Cannabis and low potency hemp manufacturing is allowed as an interim use, subject to the same standards as Agriculture, Commercial Indoor Cannabis in this Chapter and must be licensed by the State of Minnesota as a Cannabis and or Lower-Potency Hemp Manufacturer and in compliance with the standards set by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. Cannabis Microbusiness. As a principal use, cannabis microbusiness uses are allowed, subject to the following standards: A. Must be licensed by the State of Minnesota as a Cannabis Microbusiness and in compliance with the standards set by the Office of Cannabis Management. B. Microbusinesses with a state license retail endorsement must be registered with the city. C. The use must meet all other I-1 District performance standards, listed in Chapter 4600 of this ordinance. D. Hours of operation are limited to 10:00 AM to 9:00 PM. E. Signage. All signage must meet the size and location requirements of Title 10, Chapter 7 of the Code of Ordinances. F. Lighting shall meet the requirements of Chapter 1000.10 of this Ordinance. Agenda Page 35 Page 15 11/4/2024 G. No outdoor storage or display of equipment or merchandise is permitted. Outdoor storage of containers, pallets, waste/recycle containers, etc. is prohibited. H. On-site consumption is permitted pursuant to Minn. Stat. Section 342.28 subject to the following: 1. The consumption area shall be entirely indoors. 2. The square footage of the consumption area shall not exceed 10% of the occupied premises. 3. Food and beverage shall not be prepared or sold on-site. 4. Live entertainment shall not be permitted. I. Temporary Cannabis events may be permitted administratively pursuant to Section 4-11 for retail locations not in violation of City Code. J. Off-street parking requirements shall be met per Chapter 1200 of this Ordinance. K. Off-street loading requirements shall be met per Chapter 1300 of this Ordinance. Cannabis Mezzobusiness. As a principal use, cannabis microbusiness uses are allowed, subject to the following standards: A. Must be licensed by the State of Minnesota as a Cannabis Mezzobusiness and in compliance with the standards set by the Office of Cannabis Management. B. Mezzobusinesses with a state license retail endorsement must be registered with the city C. The use must meet all other I-1 District performance standards listed in Chapter 4600 of this ordinance. D. Hours of operation are limited to 10:00 AM to 9:00 PM. E. Signage All signage must meet the size and location requirements of Title 10, Chapter 7 of the Code of Ordinances.. F. Lighting shall meet the requirements of Chapter 1000.10 of this Ordinance. G. No outdoor storage or display of equipment or merchandise is permitted. Outdoor storage of containers, pallets, waste/recycle containers, etc. is prohibited. H. On-site consumption is prohibited. I. Temporary Cannabis events may be permitted administratively pursuant to Section 4-11 for retail locations not in violation of City Code. Cannabis Sales, Wholesale. As a principal use, wholesale cannabis sales are allowed with an interim use permit,, subject to the following standards: A. Must be licensed by the State of Minnesota as a Cannabis Wholesaler and in compliance with the standards set by the Office of Cannabis Management. B. Buffer Required: 1. The City of Albertville shall prohibit the operation of a cannabis business within 1,000 feet of a school. 2. The City of Albertville shall prohibit the operation of a cannabis business within 500 feet of a day care. Agenda Page 36 Page 16 11/4/2024 3. The City of Albertville shall prohibit the operation of a cannabis business within 500 feet of a residential treatment facility. 4. The City of Albertville shall prohibit the operation of a cannabis business within 500 feet of an attraction within a public park that is regularly used by minors, including a playground or athletic field. 5. Pursuant to Minn. Stat. 462.357 subd. 1e, nothing in this Section shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a school, daycare, residential treatment facility, or attraction within a public park that is regularly used by minors moves within the minimum buffer zone. C. The use must meet all other I-1 District performance standards, listed in Chapter 4600 of this ordinance. D. Lighting shall meet the requirements of Chapter 1000.10 of this Ordinance. E. No outdoor storage or display of equipment or merchandise is permitted. Outdoor storage of vehicles associated with the use may be permitted with an Interim Use Permit issued in accordance with Section 5.09, D, 2. F. Signage All signage must meet the size and location requirements of Title 10, Chapter 7 of the Code of Ordinances. G. No onsite consumption is permitted. H. Off-street parking requirements shall be met per Chapter 1200 of this Ordinance. I. Off-street loading requirements shall be met per Chapter 1300 of this Ordinance. Cannabis Testing Facility. As a principal or accessory use, cannabis testing facilities are allowed with an interim use permit, subject to the same standards as Agriculture, Commercial Indoor Cannabis in this Chapter and must be licensed by the State of Minnesota as a Cannabis Testing Facility and in compliance with the standards set by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. Cannabis Transporter. Cannabis transporters are allowed as an accessory use to a cannabis wholesale establishment, a cannabis manufacturer, or a lower potency hemp manufacturer with an interim use permit, subject to the same standards as Cannabis Delivery Service in this Chapter and must be licensed by the State of Minnesota as a Cannabis Transporter and in compliance with the standards set by the Office of Cannabis Management. 4600.6: LOT REQUIREMENTS AND SETBACKS: 4600.7: MAXIMUM BUILDING HEIGHT: 4600.8: MINIMUM DISTRICT SIZE: 4600.9: PROHIBITED USES:”; Agenda Page 37 Page 17 11/4/2024 Section Six: Appendix A: City of Albertville Zoning Ordinances, Chapter 5200: PUD Planned Unit Development Districts of the Albertville City Code is hereby amended, inserting the following language: “5200.21: OUTLETS AT ALBERTVILLE (EAST AND WEST) C. Special PUD Conditions: The following uses shall be allowed on all lots and outlots of the Outlets at Albertville and the Outlets at Albertville Second Addition Plat: 35. Cannabis Sales, Low Potency Hemp Sales, Retail. As a principal use, retail cannabis and low potency hemp sales are allowed with an interim use permit, subject to the same standards as Cannabis Sales, Low Potency Hemp Sales, Retail of Chapter 4400.5.”; Section Seven: This amendment shall be in full force and effective upon its passage and publication. Adopted by the City Council of the City of Albertville on this 16th day of December 2024. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 38 2, 85 7.0 Albertville Cannabis Buffers and Allowed Spaces 2,0000 Feet Disclaimer: This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Albertville is not responsible for any inaccuracies herein contained. © Bolton & Menk, Inc - Web GIS 12/4/2024 3:56 PM Agenda Page 39