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HomeMy WebLinkAbout2025-07-22 CC Packet EnclosurePage 21 of 90 PLANNING REPORT TO: Jacob Rife FROM: Scott Richards DATE: July 16, 2025 RE: Oak Park Heights Conditional Use Permit for a Cannabis Retail Dispensary 14729 60th Street North City Council TPC FILE: 236.02 25.05 BACKGROUND Kyle Wang of Cryptic Stock Movement, LLC (Applicant) has made application for a Conditional Use Permit for a cannabis retail dispensary at 14729 60 th Street North. The dispensary will be in the Stillwater Crossings shopping center and is proposed to occupy an existing 1,880 square foot suite on the northeast corner of the multi-tenant building. Section 1413 of the City Code regulates the operation of cannabis and hemp businesses, and Section 401.18 of the Zoning Ordinance addresses the zoning requirements for cannabis and hemp business operations. Section 401.30.E.12 of the Zoning Ordinance lists cannabis retailers as a conditional use in the B-2 General Business District. Cryptic Stock Movement has received preapproval from the Minnesota Office of Cannabis Management for a microbusiness license that includes a retail endorsement. The definition of microbusiness allows for both growing and sales of cannabis products. The B-2 District only allows for a cannabis retailer and no growing operations. A condition has been placed limiting the allowed use. The Planning Commission, at their July 10, 2025, meeting, held a public hearing and recommended the application for the Conditional Use Permit with conditions. The review is based upon the following submittals: Exhibit 1: Planning Report with Exhibits July 1, 2025 CONCLUSION / RECOMMENDATION The Planning Commission recommended approval of the Conditional Use Permit for a cannabis retail dispensary at 14729 60th Street North, subject to the conditions listed below and in the draft resolution for City Council consideration: Page 22 of 90 2 1. The business operations shall be limited to retail cannabis product sales with no growing or manufacturing operations on site. 2. The business shall not create noise carrying beyond the lot upon which the business is located as specified in 401.18.B of the Zoning Ordinance. 3. The business shall be ventilated so that 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; the business shall not produce noxious or dangerous gases or odors or otherwise create a danger to any person or entity in or near the facilities as specified in 401.18.C of the Zoning Ordinance. 4. The business hours of operation shall be limited to between 10:00 a.m. and 9:00 p.m., seven days a week as specified in 401.18.D of the Zoning Ordinance. 5. All signage shall comply with all sign requirements of 401.15.G and 401.18.E of the Zoning Ordinance and a sign permit shall be required. 6. All lighting shall be shielded and angled in such a way as to prevent light from spilling outside of the boundaries of the parcel(s) or premises or directly focusing on any surrounding uses as specified in 401.15.B.7 and 401.18.F of the Zoning Ordinance. 7. The Fire Chief and Police Chief shall review and approve the security plans addressing public safety, and the business shall comply with all provisions of Section 401.18.G of the Zoning Ordinance and the approved security plans. 8. All uses and activity shall be conducted indoors, with no exterior storage or activity allowed as specified in 401.18.H of the Zoning Ordinance. 9. If traffic, parking or delivery issues develop in the immediate area that are attributable to the proposed use, the Applicant may be required by the City to implement traffic, parking or delivery control measures as determined by the City. 10. Any mechanical equipment that is ground mounted or visible from adjacent streets shall be screened as required by the Zoning Ordinance. 11. All trash and recycling shall be disposed of in the containers provided on site. C: Julie Hultman Page 23 of 90 PLANNING REPORT TO: Jacob Rife FROM: Scott Richards DATE: July 1, 2025 RE: Oak Park Heights – Conditional Use Permit for a Cannabis Retail Dispensary – 14729 60th Street North TPC FILE: 236.02 – 25.05 BACKGROUND Kyle Wang of Cryptic Stock Movement, LLC (Applicant) has made application for a Conditional Use Permit for a cannabis retail dispensary at 14729 60th Street North. The dispensary will be in the Stillwater Crossings shopping center and is proposed to occupy an existing 1,880 square foot suite on the northeast corner of the multi-tenant building. Section 1413 of the City Code regulates the operation of cannabis and hemp businesses, and Section 401.18 of the Zoning Ordinance addresses the zoning requirements for cannabis and hemp business operations. The review is based upon the following submittals: Exhibit 1: Project Narrative – Received June 4, 2025 Exhibit 2: Preliminary License Approval – Minnesota Office of Cannabis Management – April 29, 2025 Exhibit 3: Site Plan Exhibit 4: Floor Plan Exhibit 5: Buffer Map Exhibit 6: Cannabis Sales Buffer Map – City Wide Exhibit 7: Section 401.18 – Cannabis Business and Hemp Business Operations - Zoning Ordinance PROJECT DESCRIPTION The project narrative is found as Exhibit 1. Enclosure #2 Page 24 of 90 2 ISSUES ANALYSIS Adjacent Uses.Uses adjacent to the subject site include Highway 36 to the north, Osgood Avenue to the east, and the Andersen Corporation offices to the south and west. Comprehensive Plan. The property is designated as Commercial on the Proposed Land Use Map. The continued use of the site as a mixed-use shopping center with retail, service, and restaurant use is consistent with the Comprehensive Plan. Zoning. The property is zoned B-2 General Business District. Section 401.30.E.12 of the Zoning Ordinance lists cannabis retailers as a conditional use in the B-2 General Business District. Cryptic Stock Movement has received preapproval from the Minnesota Office of Cannabis Management for a microbusiness license that includes a retail endorsement. The definition of microbusiness allows for both growing and sales of cannabis products. The B-2 District only allows for a cannabis retailer and no growing operations. A condition will be placed limiting the allowed use. The criteria for review of a conditional use are found as follows: Conditional Use Permit Criteria. The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, are found as follows: 1. Relationship to the specific policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area involved. 4. Whether the use will tend to or actually depreciate the area in which it is proposed. 5. The impact on character of the surrounding area. 6. The demonstrated need for such use. 7. Traffic generation by the use in relation to capabilities of streets serving the property. 8. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City’s service capacity. 9. The proposed use’s conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). Comment: The Planning Commission should review the above criteria regarding the request for the conditional use permits with this application. City Staff sees no issues with the request as proposed. Regulation of Cannabis Businesses and Hemp Businesses. Section 1413 of the City Code provides the process and registration of cannabis and hemp businesses. This is the first application for this type of business in the City, and Section 1413.08 limits the number of cannabis businesses to four. Cannabis Businesses and Hemp Businesses. Section 401.18 of the Zoning Ordinance provides minimum buffer requirements, hours of operation, and regulations related to noise, odor, signage, lighting, security, and outdoor use. A review of those requirements is as follows: Page 25 of 90 3 Minimum Buffer Requirements. Section 401.18.A. of the Zoning Ordinance provides the following buffer requirements: 1. The operation of a cannabis business is prohibited within: a. One Thousand (1,000) feet of a school property line. b. Five Hundred (500) feet of a daycare principal building. c. Five Hundred (500) feet of a residential treatment facility. d. Five Hundred (500) feet of an attraction within a public park that is regularly used by minors, including a playground or athletic field. As measured in a straight line from the closed part of the building or actual leased space of the Cannabis Business use-principal to the property line to the school, the closed part of the principal daycare building, residential treatment facility and/or attraction within a public park. Comment: Buffer maps attached as Exhibits 5 and 6 show that the proposed location meets all buffering requirements. Noise. Section 401.18.B of the Zoning Ordinance provides the following requirement: There shall be no noise carrying beyond a lot upon which a business is located, except for normal car and pedestrian activity. Comment: This will be a condition of approval. Odor. Section 401.18.C of the Zoning Ordinance provides the following requirement: Cannabis Businesses and Hemp Businesses 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; they shall not produce noxious or dangerous gases or odors or otherwise create a danger to any person or entity in or near the facilities. Comment: This will be a condition of approval. Hours of Operation. Section 401.18.D of the Zoning Ordinance provides the following requirement: 1. Cannabis businesses are limited to retail sales of cannabis, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products between the hours of 10:00 a.m. and 9:00 p.m., seven days a week. Comment: The Applicant has included the City hour limitations in the application materials, and it will be a condition of approval. Page 26 of 90 4 Signs. Section 401.18.E of the Zoning Ordinance provides the following requirement: Cannabis and Hemp Businesses are subject to City Ordinance Section 401.15.G.8.d.1 regulating freestanding signs and are permitted one wall sign subject to the maximum size and heights of City Ordinance Section 401.15.G.8.d.2.d. All other signs are prohibited. Signs shall only contain words and shall not contain or depict a cannabis flower, cannabis product, hemp edible, hemp derived edible consumer product, or any other logo, picture, image or symbol intended to denote or suggest cannabis, hemp, or related paraphernalia. Additionally, a business logo containing the above depictions shall not be displayed as part of any exterior signage. No products, interior signage, advertisements or the like attention getting items shall be placed or displayed that may be visible from the exterior of the Cannabis Business or Hemp Business. This section shall apply to any and all signs, including temporary, sandwich boards, etc. Comment: A sign plan has been provided for one wall sign above the front entrance. The sign will need to comply with all sign requirements and a sign permit will be required. This will be a condition of approval. Lighting. Section 401.18.F of the Zoning Ordinance provides the following requirement: All lighting shall be shielded and angled in such a way as to prevent light from spilling outside of the boundaries of the parcel(s) or premises or directly focusing on any surrounding uses. Comment. A lighting plan has been provided in the project narrative and on the floor plan. All light fixtures shall be full cut off and consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. This will be a condition of approval. Security. Section 401.18.G of the Zoning Ordinance provides the following requirement: Any security bars, gates or grills shall be retractable, shall remain open and retracted when the Cannabis or Hemp business is open to the public or otherwise in operation and shall not be installed on the exterior of the building. Comment. The project narrative discusses the security plan. The security plan shall be subject to the review and approval of the Police Chief and will be a condition of approval. Outdoor Use. Section 401.18.H of the Zoning Ordinance provides the following requirement: All uses and activity shall be conducted indoors, with no storage or activity allowed. Comment. This will be a condition of approval. Page 27 of 90 5 Parking.Section 401.15.F.9 of the Zoning Ordinance requires three spaces per each 1,000 square feet of gross floor area for a shopping center. The parking calculation for this site is as follows: Suite 9000 and 9010 – 2,548 sq ft x .9 = 2,293 / 333 = 7 Suite 9020 – 2,579 sq ft x .9 = 2,321 / 333 = 7 Suite 9040 – 944 sq ft x .9 = 849 / 333 = 3 Suite 9050 – 4,078 sq ft x .9 = 3,670 / 333 = 11 Suite 9100 – 3,325 sq ft x .9 = 2,992 / 333 = 9 Suite 9120 – 973 sq ft x .9 = 876 / 333 = 3 Total 40 Stalls The building requires 40 parking stalls. The shopping center currently has 94 parking spaces, four of which are disability accessible. There is a surplus of parking. Tree Preservation/Landscaping. There will be no change to the site landscaping with this application. Grading and Drainage. There will be no change to the grading and drainage of the site. Utilities. There will be no impact on the utilities of the site. Mechanical Equipment. There will be no alteration of the building mechanical equipment to accommodate this use. Trash/Recycling. All the trash storage and recycling is provided in existing outdoor dumpsters for the site. The proposed retail use will not impact the existing trash systems. CONCLUSION / RECOMMENDATION Subject to the preceding review, City staff recommends the Planning Commission consider the Conditional Use Permit application for a cannabis retail dispensary at 14729 60th Street North, subject to the following conditions: 1. The business operations shall be limited to retail cannabis product sales with no growing or manufacturing operations on site. 2. The business shall not create noise carrying beyond the lot upon which the business is located as specified in 401.18.B of the Zoning Ordinance. 3. The business shall be ventilated so that 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; the business shall not produce noxious or dangerous gases or odors Page 28 of 90 6 or otherwise create a danger to any person or entity in or near the facilities as specified in 401.18.C of the Zoning Ordinance. 4. The business hours of operation shall be limited to between 10:00 a.m. and 9:00 p.m., seven days a week as specified in 401.18.D of the Zoning Ordinance. 5. All signage shall comply with all sign requirements of 401.15.G and 401.18.E of the Zoning Ordinance and a sign permit shall be required. 6. All lighting shall be shielded and angled in such a way as to prevent light from spilling outside of the boundaries of the parcel(s) or premises or directly focusing on any surrounding uses as specified in 401.15.B.7 and 401.18.F of the Zoning Ordinance. 7. The Fire Chief and Police Chief shall review and approve the security plans addressing public safety, and the business shall comply with all provisions of Section 401.18.G of the Zoning Ordinance and the approved security plans. 8. All uses and activity shall be conducted indoors, with no exterior storage or activity allowed as specified in 401.18.H of the Zoning Ordinance. 9. If traffic, parking or delivery issues develop in the immediate area that are attributable to the proposed use, the Applicant may be required by the City to implement traffic, parking or delivery control measures as determined by the City. 10. Any mechanical equipment that is ground mounted or visible from adjacent streets shall be screened as required by the Zoning Ordinance. 11. All trash and recycling shall be disposed of in the containers provided on site. 12. Any other conditions of City Staff, the Planning Commission and the City Council. C: Julie Hultman Page 29 of 90 CRYPTIC STOCK MOVEMENT, LLC Application for CUP to Operate a Cannabis Retail Dispensary at 14729 60th St N 1 City of Oak Park Heights, MN Application: Conditional Use Permit (CUP) for Cannabis Retail Dispensary Location: 14729 60th St N, Oak Park Heights, MN 55416 PID 04.029.20.12.0025 Site Size: 0.8 acres Applicant: Kyle Wang on behalf of Cryptic Stock Movement, LLC Owner: Stillwater Crossing, LLC Project Description: Kyle Wang on behalf of Cryptic Stock Movement, LLC (Applicant) is requesting a Conditional Use Permit for the property located at 14729 60th St N to operate a cannabis retail dispensary. The Applicant has received preapproval from the Minnesota Office of Cannabis Management (MnOCM) for a Microbusiness License which includes a retail endorsement. The Applicant is proposing to use an existing Suite in the multi-tenant building located at 14729 60th St. North for the cannabis retail dispensary, and no other cannabis uses are proposed at this location. The suite is an interior corner unit on the northeast corner facing the Highway 36 right-of-way. The Applicant intends to remodel the existing ~1,880 square foot suite to meet their operational needs and to comply with the MnOCM standards and all City building and fire codes. Site Plan and Exterior Improvements The existing site is developed with an L-shaped multi-tenant building on three separate parcels with a total of ~68,020 square feet of retail space. The proposed cannabis retail store is located in the north wing of the building near the northeast corner. Surface parking surrounds the building on the north, east and south sides of the building. Customers are anticipated to park in the existing north and east parking lot areas since the primary public entrance is on the north side of the suite. There is an existing access door on the south side of the suite (rear) that will not be used for regular operations and will remain locked at all times, but will provide emergency access to the unit. No significant exterior improvements or modifications are planned. A new sign will be placed on the north elevation and the design, size, lighting and location will comply with MnOCM rules as well as all applicable City ordinances. Customer Experience and Floor Plan The floor plan shows the internal operational layout of the cannabis retail dispensary. The north half of the suite will be used for public-facing retail sales and the south half will be used for back of house, employee and storage uses. The public retail area will be remodeled to be light, open, bright and welcoming. Customers will enter the suite from the north and will queue and wait for the next available budtender (sales person) that will assist with transactions from behind the Budbar. Customers will not be permitted behind the Budbar or to Exhibit #1 Page 30 of 90 CRYPTIC STOCK MOVEMENT, LLC Application for CUP to Operate a Cannabis Retail Dispensary at 14729 60th St N 2 City of Oak Park Heights, MN access the back of house area noted on the floor plan. No retail product will be stored or available in the retail sales area except for the wall display units that will be locked and secured at all times and accessible only to employees. All products will be stocked and stored in secure safes located in the back of house and will only be accessible through employee key card access. The back of house area will always be secured and monitored in compliance with MnOCM rules and regulations. No customers will be permitted in this area, and the restroom will serve the employees only and will not be available for public use. Operations: The Applicant, Cryptic Stock Movement, LLC, is proposing to operate a Cannabis Retail Dispensary from the subject property. Hours of Operation 8am - 9pm, 7 days/week Employees Full-Time: 10 Part-Time: 0 The number of employees on site during normal retail operations will generally be 6 or fewer. Parking There are 41 spaces on the parcel PID and a total of 120 parking stalls that serve the subject multi-tenant building and the detached commercial building south of the subject property (See Site Plan) Customer Transactions and Cash Management Management of customer transactions, inventory tracking and cash management are an integral part of successful operations. All purchases, inventory and cash must be managed in compliance with MnOCM rules and regulations which requires final plan documentation. The following overview of the customer tracking and cash management process is provided: Customer Transactions and Tracking All customer transactions and foot traffic are monitored through the point-of-sale (POS) system and surveillance cameras. As described in subsequent sections, surveillance cameras must be installed to comply with all coverage standards and surveillance footage must be backed up and to a specific resolution standard to ensure that still photos can be taken from the footage. In addition, the POS system must be in a format that is compatible with the MnOCM reporting and tracking requirements. Any discrepancies or questions regarding customer transactions can be investigated by reviewing POS data and surveillance footage. Internal Cash Management Process The cannabis retail store will be a cash-only operation. As such, it is essential to manage the cash on-site to ensure the safety of customers and employees. On-site cash is counted each morning and evening and reconciled to ensure accuracy. In the event of a discrepancy that cannot be easily resolved, the POS and surveillance cameras will be used to aid in any necessary investigation to reconcile and determine the cause of the discrepancy. The registers will be prepared each morning and verified cash count slips prepared to provide the accounting at the beginning of each business day. Cash counts will be broken down each evening, with the funds returned to the reserve cash in the designated cash safe. Page 31 of 90 CRYPTIC STOCK MOVEMENT, LLC Application for CUP to Operate a Cannabis Retail Dispensary at 14729 60th St N 3 City of Oak Park Heights, MN All cash is securely locked and stored during business hours and overnight in the designated cash safe. The cash collected through transactions throughout the day will be deposited by the designated retail employees into the Cash Wizard Smart Safes (CWSS). The CWSS are a type of safe that essentially operates as a reverse ATM. The designated employee deposits money into the CWSS and then receives an automated cash slip detailing the deposit amount. The CWSS deposit can be reconciled remotely by managers and by corporate officers. The cash inside the CWSS can only be accessed and picked up by an armored courier service and the frequency of pick-up will be carefully managed. Initially, we anticipate that the armored courier service will handle pick-ups twice a week with the ability to increase frequency as needed based on the volume of cash onsite. The intent is to limit the amount of cash onsite and the transaction volume will be monitored carefully. Additionally, armored couriers service each location weekly to collect deposited cash and to deliver change orders. Change orders can be requested by retail managers and exchanged 1:1 with on-site cash to maintain consistent cash reserve levels. This will also limit the amount of cash at the location. Security Plan Cameras will be installed at all exterior and interior access points/doors. Cameras will monitor interior retail areas and secure storage areas. All cameras and security will be installed in compliance with Minnesota Statute Chapter 342 as administered by the Minnesota Office of Cannabis Management (MnOCM). Lexan polycarbonate sheets will be installed on all exterior windows to prevent breakage. The covering will provide additional security but will be fully transparent and will not alter the appearance of the windows from the parking lot or right-of-way. The public entrance door on the north will be open and accessible during business hours, and will be accessible by key card to designated employees during non- business hours. The internal doors between the public retail space and the employee/storage back of house area will be secured by key card access. This will allow for tracking employee activities and employee access to storage areas. The exterior doors on the south side of the unit will be locked at all times and will only be used to provide emergency access, not to be used as part of regular operations. Exterior Lighting Plan Exterior lighting will be installed at all exterior access points/doors. Lights will be turned off during non-operational hours but will be activated by motion sensor to ensure 24-hour surveillance at access points as required by MnOCM. All lighting will be placed and planned for in compliance with Minnesota Statute Chapter 342 as administered by the MnOCM. Per the City’s Ordinance section 401.18.F., all lighting will be hooded and downcast. To achieve MnOCM standards while complying with the City’s ordinances placement it will be essential to appropriately place fixtures. We will work with the City Staff through the building permit process to ensure both standards are met. Page 32 of 90 CRYPTIC STOCK MOVEMENT, LLC Application for CUP to Operate a Cannabis Retail Dispensary at 14729 60th St N 4 City of Oak Park Heights, MN Oak Park Heights CUP Findings Analysis (City Code Section 401.03.C): The following findings and analysis regarding CUP information requirements is provided for Planning Commission and City Council consideration. A. Site Development Plan Applicant Response: The Project Site is proposed to be in a suite of an existing multi-tenant retail building. The suite will be updated in compliance with commercial building standards to suit the proposed use. A site development plan which includes the following information is attached: 1) Location of all buildings on lots including both existing and proposed structures. See attached site plans. No new structures are proposed. 2) Location of all adjacent buildings located within three hundred fifty (350) feet of the exterior boundaries of the property in question. See attached site plans. 3) Location and number of existing and proposed parking spaces. See attached site plans. No changes to existing parking are proposed. 4) Vehicular circulation. See attached site plans for layout of existing parking lot. No changes to vehicular circulation are proposed. 5) Architectural elevations (type and materials used in all external surfaces). See attached existing building elevations. No changes to external surfaces are proposed. Business signage will comply with City code. 6) Location and type of all proposed lighting. See attached site plans. Exterior motion sensor lights for security will be shielded and angled as required by City ordinance 401.18.F. 7) Curb cuts, driveways, number of parking spaces. See attached site plans for existing parking lot. No changes to the existing parking lot are proposed. 8) Site plan details such as trash receptacles. See attached site plan. No changes to existing site plan details are proposed. B. Dimension Plan Applicant Response: As the Project Site is proposed to be in a suite of an existing multi-tenant retail building, there are no proposed changes to the existing exterior site beyond lighting, signage and security measures shown on the site plans. Existing exterior dimensions are depicted on the attached site plans, and a typical floor plan is provided. 1) Lot dimensions and area. See attached site plans. 2) Dimensions of proposed and existing structures. See attached site plans. No new structures are proposed. 3) Location and number of existing and proposed parking spaces. See attached site plans. No changes to existing parking spaces are proposed. 4) Setbacks of all buildings located on property in question. See attached site plans. Existing building complies with setbacks required by City. No changes to the existing building location are proposed. 5) Proposed setbacks. No changes to the existing building location are proposed. Page 33 of 90 CRYPTIC STOCK MOVEMENT, LLC Application for CUP to Operate a Cannabis Retail Dispensary at 14729 60th St N 5 City of Oak Park Heights, MN 6) Sanitary sewer and water plans with estimated use per day. The existing building is serviced by sanitary sewer and water. No changes to existing sanitary sewer and water service are proposed. Estimated daily flows/use will be in alignment with rates estimated in the City’s comprehensive plan for commercial land uses. C. Grading Plan Applicant Response: The existing site is assumed to conform with City grading plan requirements, and no changes to the exterior grading are proposed as part of the Project. No construction will take place outside of the existing building suite. D. Landscape Plan Applicant Response: No trees or other landscape material are proposed to be removed or added as part of the Project. Oak Park Heights Cannabis Business and Hemp Business Operations Findings Analysis (City Code Section 401.18): A. Minimum buffer requirements. See attached buffer map. Project location is outside of 1,000 feet of a school property line, 500 feet of a daycare principal building, 500 feet of a residential treatment facility, and 500 feet of an attraction within a public park regularly used by minors. B. Noise. The applicant does not foresee any noise carrying beyond the Project location except for typical vehicle and pedestrian activity. C. Odor. The cannabis retail dispensary will not create an odors beyond similar retail operations. No special equipment, exhaust or ventilation is required since no proposed activities will generate odors. D. Hours of operation. Per City ordinance, retail sales will be limited to between the hours of 8 am and 9 pm, 7 days per week. E. Signs. Exterior signage will include one wall-mounted sign that will comply with City ordinance 401.18.E. F. Lighting. Lighting for building security will be shielded and angled to prevent light from extending beyond the boundaries of the premises. G. Security. No security bars, gates or grills are proposed. A Lexas Polycarbonate covering on exterior windows will be installed for security purposes, but the covering will not be visible and will maintain visual transparency. H. Outdoor use. All uses, activity, and storage will be conducted indoors. No onsite or outdoor consumption is proposed. Page 34 of 90 Exhibit #2 Page 35 of 90 Page 36 of 90 60ft 55ft 247 FT OREN AVE N OSGOOD AVE N 164 FT OREN AVE N OSGOOD AVE N Page 37 of 90 46’ 9’7’ 11’ 15’ 5’ 25’ 7’ 3’ QUEUE WALL DISPLAY CASE WALL DISPLAY CASE ATM ATM CHECKOUT BUDBAR MENU WALL DISPLAY SAFE SAFE Page 38 of 90 k k 500 FT 1,000 FT Exhibit #5 Page 39 of 90 Page 40 of 90 202 401.18 CANNABIS BUSINESS AND HEMP BUSINESS OPERATIONS 401.18.A. Minimum Buffer Requirements. 1. The operation of a cannabis business is prohibited within: a. One Thousand (1,000) feet of a school property line. b. Five Hundred (500) feet of a daycare principal building. c. Five Hundred (500) feet of a residential treatment facility. d. Five Hundred (500) feet of an attraction within a public park that is regularly used by minors, including a playground or athletic field. As measured in a straight line from the closed part of the building or actual leased space of the Cannabis Business use-principal to the property line to the school, the closed part of the principal daycare building, residential treatment facility and/or attraction within a public park. 2. A Cannabis Event is exempt from the restrictions set for in City Zoning Ordinance Section 401.18.A. 401.18.B. Noise. There shall be no noise carrying beyond a lot upon which a business is located, except for normal car and pedestrian activity. 401.18.C. Odor. Cannabis Businesses and Hemp Businesses 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; they shall not produce noxious or dangerous gases or odors or otherwise create a danger to any person or entity in or near the facilities. 401.18.D. Hours of Operation. 1. Cannabis businesses are limited to retail sales of cannabis, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products between the hours of 10:00 a.m. and 9:00 p.m., seven days a week. 2. Lower-Potency Hemp Edible Retailers are prohibited from conducting the retail sale of lower-potency hemp edibles, or hemp-derived consumer products for off- site consumption between the hours of: Exhibit #7 Page 41 of 90 203 a. On Sundays; except between the hours of 11:00 a.m. and 6:00 p.m. b. Before 8:00 a.m. on Monday through Saturday. c. After 10:00 p.m. on Monday through Saturday at an establishment located within the City. d. On Thanksgiving Day. e. On Christmas Day, December 25. f. After 8:00 p.m. on Christmas Eve, December 24. 3. Lower-Potency Hemp Edible Retailers are prohibited from conducting the retail sale of lower-potency hemp edibles, or hemp-derived consumer products for on- site consumption between the hours of: a. Between 1:00 a.m. and 8:00 a.m. on Monday through Saturday. b. After 1:00 a.m. on Sundays; except at a restaurant, club, bowling center or hotel with seating capacity for at least thirty (30) persons and which holds an on-sale intoxicating liquor license. c. Between 8:00 p.m. on December 24 and 8:00 a.m. December 25. 401.18.E. Signs. Cannabis and Hemp Businesses are subject to City Ordinance Section 401.15.G.8.d.1 regulating freestanding signs and are permitted one wall sign subject to the maximum size and heights of City Ordinance Section 401.15.G.8.d.2.d. All other signs are prohibited. Signs shall only contain words and shall not contain or depict a cannabis flower, cannabis product, hemp edible, hemp derived edible consumer product, or any other logo, picture, image or symbol intended to denote or suggest cannabis, hemp, or related paraphernalia. Additionally, a business logo containing the above depictions shall not be displayed as part of any exterior signage. No products, interior signage, advertisements or the like attention getting items shall be placed or displayed that may be visible from the exterior of the Cannabis Business or Hemp Business. This section shall apply to any and all signs, including temporary, sandwich boards, etc. 401.18.F. Lighting. All lighting shall be shielded and angled in such a way as to prevent light from spilling outside of the boundaries of the parcel(s) or premises or directly focusing on any surrounding uses. 401.18.G. Security. Any security bars, gates or grills shall be retractable, shall remain open and retracted when the Cannabis or Hemp business is open to the public or otherwise in operation and shall not be installed on the exterior of the building. Page 42 of 90 204 401.18.H. Outdoor Use. All uses and activity shall be conducted indoors, with no storage or activity allowed. Page 43 of 90 RESOLUTION NO.______ CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY KYLE WANG OF CRYPTIC STOCK MOVEMENT, LLC FOR A CONDITIONAL USE PERMIT TO ALLOW A CANNABIS RETAIL DISPENSARY AT 14729 60 TH STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request by Kyle Wang of Cryptic Stock Movement, LLC for a Conditional Use Permit to allow a cannabis retail dispensary at 14729 60th Street North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The Applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B-2 General Business District in which cannabis retailers is a listed conditional use; and 4. Section 1413 of the City Code regulates the operation of cannabis and hemp businesses, and Section 401.18 of the Zoning Ordinance addresses the zoning requirements for cannabis and hemp business operations, and 5. The dispensary will be in the Stillwater Crossings shopping center and is proposed to occupy an existing 1,880 square foot suite on the northeast corner of the multi-tenant building; and 6. Cryptic Stock Movement has received preapproval from the Minnesota Office of Cannabis Management for a microbusiness license that includes a retail Page 44 of 90 2 endorsement. The definition of microbusiness allows for both growing and sales of cannabis products. The B-2 District only allows for a cannabis retailer and no growing operations; and 7. Section 401.18 of the Zoning Ordinance provides minimum buffer requirements, hours of operation, and regulations related to noise, odor, signage, lighting, security, and outdoor use; and 8. The Applicant’s have provided information to confirm compliance with all the provisions of Section 401.18 of the Zoning Ordinance; and 9. City staff prepared a planning reports dated July 1, 2025, and July 16, 2025, reviewing the request; and 10. The Planning Commission held a public hearing at their July 10, 2025, meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions. The Planning Commission recommended the application with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The business operations shall be limited to retail cannabis product sales with no growing or manufacturing operations on site. 2. The business shall not create noise carrying beyond the lot upon which the business is located as specified in 401.18.B of the Zoning Ordinance. 3. The business shall be ventilated so that 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; the business shall not produce noxious or dangerous gases or odors or otherwise create a danger to any person or entity in or near the facilities as specified in 401.18.C of the Zoning Ordinance. 4. The business hours of operation shall be limited to between 10:00 a.m. and 9:00 p.m., seven days a week as specified in 401.18.D of the Zoning Ordinance. Page 45 of 90 3 5. All signage shall comply with all sign requirements of 401.15.G and 401.18.E of the Zoning Ordinance and a sign permit shall be required. 6. All lighting shall be shielded and angled in such a way as to prevent light from spilling outside of the boundaries of the parcel(s) or premises or directly focusing on any surrounding uses as specified in 401.15.B.7 and 401.18.F of the Zoning Ordinance. 7. The Fire Chief and Police Chief shall review and approve the security plans addressing public safety, and the business shall comply with all provisions of Section 401.18.G of the Zoning Ordinance and the approved security plans. 8. All uses and activity shall be conducted indoors, with no exterior storage or activity allowed as specified in 401.18.H of the Zoning Ordinance. 9. If traffic, parking or delivery issues develop in the immediate area that are attributable to the proposed use, the Applicant may be required by the City to implement traffic, parking or delivery control measures as determined by the City. 10. Any mechanical equipment that is ground mounted or visible from adjacent streets shall be screened as required by the Zoning Ordinance. 11. All trash and recycling shall be disposed of in the containers provided on site Approved by the City Council of the City of Oak Park Heights this 22nd day of July 2025. ____________________________________ Chuck Dougherty, Mayor ATTEST: __________________________________ Jacob Rife, City Administrator Page 46 of 90 ATTACHMENT A Conditional Use Permit To Allow Cryptic Stock Movement LLC To Operate A Cannabis Retail Dispensary At 14729 60th St. N. Legal Description: Lot 9, Block 2, St. Croix Mall PUD. 2nd Addition Washington County Property PIN: 04.029.20.12.0025 Page 47 of 90 ATTACHMENT B Conditional Use Permit To Allow Cryptic Stock Movement LLC To Operate A Cannabis Retail Dispensary At 14729 60th St. N. Application Materials Application Form Fees Plan Sets Written Narrative and Graphic Materials Explaining Proposal Mailing List from Washington County (350’/150’ from subject property) Proof of Ownership or Authorization to Proceed Property Tax Statement(s)/Legal Description(s) Planning Commission Public Hearing & Recommendation: July 10. 2025 Required Approvals: CUP Amendment City Council 4/5 Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) Page 48 of 90