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HomeMy WebLinkAbout2025-11-13 Planning Commission Meeting PacketPLANNING COMMISSION MEETING AGENDA Thursday, November 13, 2025 6:00 P.M. 1. Call to Order / Pledge of Allegiance II. Approval of Agenda III. Approve October 9, 2025 Planning Commission Meeting Minutes (1) IV. Department / Commission Liaison / Other Reports V. Visitors/Public Comment This is an opportunity for the public to address the Commission with questions or comments on issues that are or are not part of the regular Agenda. Please limit comments to three minutes in length. VI. Public Hearings A. St. Croix Cannabis — 14303 60th St. N.: Review and consider an application from Richard Zimmerman on behalf of St. Croix Cannabis for a Comprehensive Plan Amendment, Rezoning from R-B, Residential/Business Transitional to B-2, General Business, and a Conditional Use Permit to allow a cannabis retail dispensary at 14303 60th St. N. (2) VII. New Business VIII. Old Business IX. Informational X. Adjourn. Note: Planning Commissioner Training Workshop to immediately follow adjournment of the regular meeting. �, 0 pak Park ye�,P c, ENCLOSURE I PLANNING COMMISSION MEETING MINUTES Thursday, October 9, 2025 Call to Order/Pledge of Allegiance: Vice Chair Husby called the meeting to order @ 6:00 p.m. and welcomed incoming Commissioner Carissa Stimpfel. Present: Commissioners Nelson, Stimpfel and Van Dyke; City Administrator Rife and City Planner Richards. Absent: Commissioner Van Denburgh Nelson and City Councilmember Liaison Representative Liljegren. II. Approval of Agenda: Commissioner Nelson, seconded by Commissioner Stimpfel, moved to approve the Agenda as presented. Carried 4-0. Ill. Approval of August 14, 2025 Meeting Minutes: Commissioner Van Dyke, seconded by Commissioner Nelson, moved to approve the Minutes as presented. Carried 4-0. IV. Department / Commission Liaison / Other Reports: City Administrator Rife updated the Commission as to Planning Commission Training being anticipated to be in November. V. Visitor / Public Comment: None. VI. Public Hearings: A. Nickolas and Jessica Ross CUP — 5420 O'Brien Ave. N.: Review and consider an application for a Conditional Use Permit to allow a setback that is less than required and for construction in a side yard for an accessory building at 5420 O'Brien Ave. N. City Planner Richards reviewed the September 30, 2025 Planning Memorandum to the request, noting City staff recommendation for approval, subject to the proposed conditions. Planning Commission Minutes October 9, 2025 Page 2 of 6 Vice Chair Husby opened the public hearing at 6:07 p.m. and invited public comment. Vice Chair Husby shared a public comment received from Alex Palumbo, who is an adjacent neighbor, supporting the request. Applicant, Nickolas Ross, was in the audience and available for questions. Husby asked Mr. Ross how long they had been in the home because he had looked on Google Maps and seen a shed in the images. Mr. Ross noted he had seen this also, but that they purchased the house in July and thought that it would be a good place for the shed also. There being no public comment, Commissioner Van Dyke, seconded by Commissioner Nelson moved to close the public hearing. Carried 4-0. Commissioner Nelson, seconded by Commissioner Van Dyke, moved to recommend City Council approval of the request, subject to the conditions within the planning memorandum, specifically that: 1. Any exterior mechanical equipment associated with the shed shall be screened. The exterior of the proposed shed shall be finished with siding and in a color to match the current principal building exterior. No kitchens or bathrooms shall be allowed in the proposed shed. 4. All applicant building code requirements shall be met to address the proximity of the proposed shed to the house. Carried 4-0. B. ABJKM Holdings LLC CUP —14608 60th St. N.: Review and consider an application from Kevin Pattah on behalf of ABJKM Holdings LLC for a Conditional Use Permit to allow a cannabis retail dispensary at 14608 60th St. N. City Planner Richards reviewed the October 1, 2025 Planning Report to the request, noting City staff recommendation for approval, subject to the proposed conditions. Vice Chair Husby opened the public hearing at 6:19 p.m. and invited public comment. Vice Chair Husby shared public comment received from Donae Gustafson and Chris Addington, both opposing the request. Planning Commission Minutes October 9, 2025 Page 3 of 6 Justin Dunaskiss & Kevin Pattah representing ABJKM Holdings, addressed the Commission as to the request. Mr. Dunaskiss noted that the location is currently Joseph's Restaurant, that the business would use the entire space and that it is their understanding that Joseph's would be seeking to relocate within the area. Mr. Dunaskiss discussed the next steps forward for building remodel and such with approval support, and that those facets would be worked through per City Ordinance requirements. Mr. Dunaskiss & Mr. Pattah responded to Commission questions regarding Jospeh's relocation and other areas where Mango Cannabis is operating. ❑onae Gustafson, owner of and clinical psychologist at NuView Psychological Services at 6120 Oren Ave. N. discussed her concerns with the request and noted her opposition. The Commission addressed her questions as to the Commission's role with the request and how many of this type of business were being permitted within the City and the process for approval through the City Council. Commissioner Stimpfel, seconded by Commissioner Nelson moved to close the public hearing. Carried 4-0. Commission discussion ensued as to concern of impact on community and need to govern decision making based on City Ordinance regulations. Commissioner Nelson, seconded by Commissioner Stimpfel, moved to recommend City Council approval of the request, subject to the conditions within the planning memorandum, specifically that: 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.E of the Zoning Ordinance. 3. Site Plan and Design Guidelines review for changes to the site shall be required as required by the Zoning Ordinance and determined by the City. 4. 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 401.18.0 of the Zoning Ordinance. 5. The business hours 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. Planning Commission Minutes October 9, 2025 Page 4 of 6 6. 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. 7. 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 401.15.13.7 and 401.18.F of the Zoning Ordinance. 8. 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 approved security plans. 9. 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. 10. If traffic, parking, or delivery issues develop in the immediate areas 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. 11. Any mechanical equipment that is ground mounted or visible from adjacent streets shall be screened as required by the Zoning Ordinance. 12. All trash and recycling shall be disposed of in the containers provided on site. 13. Any other conditions of City Staff, the Planning Commission, and the City Council. City Administrator Rife called role for the vote: Commissioner Nelson —Yes Commissioner Stimpfel — yes Commissioner Van Dyke — No Commissioner Husby —Yes Carried 3-1, Commissioner Van Dyke opposed. C. Stillwater Auto Holdings CUP — 14819 59th St. N.: Review and consider an application from Dave Triemert for a Conditional Use Permit for construction of an additional parking lot for Central Automotive at 14819 59th St. N. City Planner Richards reviewed the September 30, 2025 Planning Report to the request, noting City staff recommendation for approval, subject to the proposed conditions, and addressed questions from the Commission as to storm water and urban island heating elements. Planning Commission Minutes October 9, 2025 Page 5 of 6 Vice Chair Husby opened the public hearing at 6:47 p.m. and invited public comment. There being no public comment, Commissioner Nelson, seconded by Commissioner Stimpfel moved to close the public hearing. Carried 4-0. Commission discussion ensued as to a robust tree plan, the parking plan design proposal, handicap parking, and potential future lighting considerations. Commissioner Nelson, seconded by Commissioner Van Dyke, moved to recommend City Council approval of the request, subject to the conditions within the planning memorandum, specifically that: The grading, drainage and utility plans shall be subject to the review and approval of the City Engineer. The drainage plans shall be subject to the review of the Middle St. Croix Watershed District. If lighting is to be installed, a plan shall be provided to the City, and all lighting fixtures shall be full cut-off and installed in compliance with the lighting standards of the Zoning Ordinance. 3. The landscape and tree removal/replacement plans are subject review and approval of the City Arborist. 4. If any signage is to be installed, a plan shall be provided to the City, and all signage shall be subject to final review and approval of City Staff for conformance with Zoning Ordinance standards. Carried 4-0. VII. New Business: None, VIII. Old Business: None. IX. Informational: None. 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPCTPC@D Plan ningCo.com PLANNING REPORT TO Jacob Rife FROM Scott Richards DATE: November 6, 2025 ENCLOSURE 2 RE Oak Park Heights — Land Use and Zoning Amendments — Conditional Use Permit for a Cannabis Retail Dispensary — St Croix Cannabis Dispensary — 14303 60th Street North TPC FILE BACKGROUND 236.02 — 25.07 Richard Zimmerman (Applicant) and John Junko (Owner) have submitted an application for a Conditional Use Permit for a cannabis retail dispensary at 14303 60th Street North. An application has also been received for an amendment to the Comprehensive Plan, Proposed Land Use Map and the Zoning Map to designate this property as Commercial and change the zoning to B-2 General Business District. The retail dispensary will be in the former veterinarian clinic owned by John Junko, where it is proposed to occupy the entire building. The business would be known as St Croix Cannabis. The property is currently designated as Residential/Business Transitional on the Proposed Land Use Map. The Applicant has applied to change the classification to Commercial. The property is currently zoned R-B, Residential/Business Transitional District and the request is to rezone to B-2, General Business District. Cannabis businesses are not allowed in the R-B District but are allowed with a Conditional Use Permit in the B-2 General Business District. 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 Exhibit 2 Preliminary License Approval — Management — June 6, 2025 Exhibit 3- Location Map Exhibit 4 CUP Application Findings Minnesota Office of Cannabis Exhibit 5: Floor Plan Exhibit 6: Site Plan Exhibit 7: Vegetation Removal Exhibit 8: Site Photos Exhibit 9: Proposed Land Use Map Exhibit 10. Zoning Map Exhibit 11- Cannabis Sales Buffer Map — City Wide Exhibit 12. Section 401.18 — Cannabis Business and Hemp Business Operations - Zoning Ordinance PROJECT DESCRIPTION The project narrative is found as Exhibit 1. The introduction to the narrative that provides an overview is as follows: Richard Zimmerman on behalf of St. Croix Cannabis, LLC (Applicant) is hereby requesting a Conditional Use Permit in conjunction with a Zoning District Amendment at 14303 60rh Street North, Oak Park Heights, Minnesota 55082 to own and operate a retail cannabis dispensary. The applicant has received approval from the Minnesota Office of Cannabis Management (OCM) for a Microbusiness License which encompasses a retail endorsement. The applicant is proposing to lease from owner of said property described above for a cannabis dispensary. The applicant intends to remodel and redesign the "interior" of existing property approximately 2000 square ft to meet their operational requirements, and to comply with all State of Minnesota OCM standards and regulations along with all current City building and fire codes. ISSUES ANALYSIS Adjacent Uses. Uses adjacent to the subject site include Highway 36/60th Street to the north, a property with a vacant house to the east, residential to the south and residential/business to the west. Comprehensive Plan. The property is designated as Residential/Business Transitional on the Proposed Land Use Map. Properties along 60th Street North, both to the east and west of the subject property are designated as Residential/Business Transitional. The area to the south is designated for Low Density Residential. A Comprehensive Plan, Land Use Map amendment would be required to change the classification to Commercial. The property directly to the east with a designation of Residential/Business Transitional is zoned B-2 General Business District, not in conformance with the Land Use Map. A review of the Comprehensive Plan goals and policies is as follows: Comprehensive Plan, Goals and Policies and Land Use Plan. The Comprehensive Plan 2018 includes goals and policies that are meant to direct land use decisions in the community. The goals and policies are used in conjunction with the maps as a guide to the Planning Commission and City Council. 2 The applicable goals and policies of the Land Use section of the Comprehensive Plan are as follows with Staff comments. The Comprehensive Plan can be found on the City website. Land Use — Goals and Policies (Pages 50, and 51) Goal2: A cohesive land use pattern which ensures compatibility and strong functional relationships among activities is to be implemented. Policies: A. Prevent over -intensification of land use development, that is, development which is not accompanied by a sufficient level of supportive services and facilities (utilities, parking, access, etc.). Comment: The proposal to change the land use designation to Commercial would not result in an over -intensification or impact to supportive services and facilities. B. Examine requested land use changes in relation to adjoining land uses, site accessibility, utility availability, and consistency with the Oak Park Heights Comprehensive Plan and policies. Comment: Based upon existing land uses, in particular, the low density single family development to the south and west, the proposed change in land use is not justified. Additionally, this amendment is not consistent with the Comprehensive plan policies. C. Attempt to make transitions between distinctly differing types of land uses in an orderly fashion which does not create a negative (economic, social or physical) impact on adjoining developments. Comment: The land use plan map intentionally designated this area as Residential/Business Transitional to provide a buffer between Highway 36/60tn Street North and the low density single family neighborhoods to the south. The Residential/Business Transitional designation and zoning of this property was intended to allow low intensity residential and office uses, not general commercial. D. Infill development of compatible land uses shall be strongly encouraged. Comment: The proposed land use amendment and rezoning would allow for retail and other higher intensity commercial uses that would not be compatible with the low density neighborhood to the south. E. Where practical, conflicting and non -complementary uses shall be eliminated through removal and relocation. 3 Comment: Continued use of this property for low intensity commercial and residential uses through the Residential/Business Transitional designation is appropriate and consistent with the Comprehensive Plan. F. Encourage the development and redevelopment of under-utilized and substandard property throughout the City. Comment: The properties in this immediate area are underutilized and could be reused or redeveloped into an appropriate Residential/Business Transitional land use. Land Use Compatibility — (page 66) Land use compatibility concerns exist, primarily in the older sections of the community, and where commercial development is adjacent to residential homes and neighborhoods. High density residential or commercial development adjacent to single family neighborhoods can intensify unwanted activity in the area and impose impacts on parking, traffic and noise that may be uncharacteristic of single-family neighborhoods. Additionally, the Comprehensive Plan calls for the proper transition between high and low density residential development. The City, through its plan and Zoning Ordinance, shall transition residential development so as not to create negative living environments. Concentration of one type of housing style or density can also create issues for the proper development of neighborhoods. Comment: The use of the subject property for a commercial retail business does not provide a reasonable transition from the low density neighborhood to the south and the Highway 36 corridor to the north. The current designation provides the necessary buffer for the neighborhood. Zoning Amendment. The property is zoned R-B Residential Business Transitional. There is no allowance, either as permitted or accessory that allows for a cannabis retail dispensary. The property will need to be rezoned to B-2 General Business District to accommodate the proposed use. The properties to the west are zoned R-1 Single Family Residential District and Reside ntial/TransitionaI District. To the south is R-1 Single Family Residential District and R-2 Low and Medium Density Residential District. The Proposed Land Use Map and Zoning Map are not consistent in this area. It is advised that as part of the 2028 Comprehensive Plan process attention be given to this area to review the land use and zoning to provide consistency. This review could also be done prior to the overall Comprehensive Plan update as a small area review project. Conditional Use Permit. Section 401.30.E.12 of the Zoning Ordinance lists cannabis retailers as a conditional use in the B-2 General Business District. The Applicant has received preapproval from the Minnesota Office of Cannabis Management for a cannabis business license. The B-2 District only allows for a cannabis retailer and no growing operations. A condition will be placed limiting the .allowed use if the application 10 receives approval. The criteria for reviewing the Zoning Amendment and Conditional Use Permit are found as follows: Zoning Amendment/Conditional Use Permit Criteria. The City Council and Planning Commission shall consider possible adverse effects of the proposed amendment or conditional use. The zoning amend ment/conditionaI 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. Comment: The request for the zoning amendment is not consistent with the Comprehensive Plan based upon the review of the goals and policies above. 2. The conformity with present and future land uses in the area. Comment: The Proposed Land Use Map and Zoning Map of this area designate this property as transitional, not as commercial to provide the appropriate separation of the highway and frontage road to the low density single family neighborhoods to the south. 3. The environmental issues and geographic area involved. Comment: There are no significant environmental issues that are affected by these proposed amendments. 4. Whether the use will tend to or actually depreciate the area in which it is proposed. Comment: While difficult to predict any monetary depreciation, the quality of life of the neighborhood may be depreciated with a higher intensity use. While the subject property is currently screened with vegetation, there is no guarantee that the vegetation would remain. 5. The impact on character of the surrounding area. Comment: The character of the surrounding area may be impacted by a higher intensity commercial retail use directly adjacent to the low density residential use. 6. The demonstrated need for such use. Comment: The City has allocated four licenses for cannabis retail businesses. Two have been approved allowing for two additional. 7. Traffic generation by the use in relation to capabilities of streets serving the property. 5 Comment: The traffic generation from a commercial retail use could be significantly more than an office or residential use allowed in the Business/Residential Transitional District. 8. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. Comment: There should be no impact to the existing public services, facilities or utilities. 9. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). Comment: If the land use and zoning designation of this property is changed, the cannabis will need to comply with all performance standards. 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 third 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: 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: The buffer map attached as Exhibit 11 shows that the proposed location meets all buffering requirements. 0 Noise. Section 401.18.13 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 401.18.0 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 indicated hours of 10 a.m. to 10 p.m. in the application materials. The hours will need to follow the Zoning Ordinance as a condition of approval. Siqns. 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 is shown in the application materials. The signs 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.E 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. All light fixtures shall be full cut off and consistent with Section 401.15.13.7 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. Site Plan/Design Guidelines Review. At this time the Applicant is not pursuing changes related to site plan or building Design Guidelines review. They have indicated that if changes to the site or building are necessary, they will pursue an application for Site Plan/Design Guidelines review. Parking. Section 401.15.F.9 of the Zoning Ordinance requires one spaces per each 400 square feet of floor area for a building for a retail use. The parking calculation for this site is as follows: 2,025 square feet x .9 = 1,823 square feet / 400 = 6 Stalls The building requires six stalls. The site currently has approximately eight parking spaces. There is a surplus of parking. In that no changes are to be made to the site or to the building at this time, no process is required. If Design Guidelines and Site Plan review is required at a later date with anticipated updates, the parking will be reviewed again. Tree Preservation/Landscaping. The plans show removal of vegetation along 60th Street North to provide additional visibility. None of the trees that provide screening adjacent to Oldfield Avenue North will be removed. Removal of vegetation shall be reviewed by the City Arborist. 8 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. The Applicant shall indicate how trash storage and recycling is handled at this site. CONCLUSION / RECOMMENDATION Based upon the preceding review, the Planning Commission should recommend denial of the land use and zoning amendments and the Conditional Use Permit for a cannabis retail dispensary at 14303 60th Street North. If the Planning Commission is favorable to the land use and zoning amendments as well as the Conditional Use Permit, it should consider a recommendation 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 401.18.13 of the Zoning Ordinance. 3. Site Plan and Design Guideline review for changes to the site shall be required as required by the Zoning Ordinance and determined by the City. 4. 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 401.18.0 of the Zoning Ordinance. 5. 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. 6. 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. 7. 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. 9 8. 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. 9. 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. 10.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. 11. Any mechanical equipment that is ground mounted or visible from adjacent streets shall be screened as required by the Zoning Ordinance. 12.All trash and recycling shall be disposed of in the containers provided on site 13. Any removal of trees or changes to the landscaping shall be subject to review and approval of the City Arborist. 14.Any other conditions of City Staff, the Planning Commission and the City Council. C: Julie Hultman 10 EXHIBIT 1 St. Croix Cannabis 14303 60th S N Oak Park Heights, MN 55082 St. Croix Cannabis Dispensary October 14th, 2025 Application: Conditional Use Permit (CUP) and Zoning District Amendment for Cannabis Retailx Dispensary Location: 14303 60 th Street North, Oak Park Heights, Minnesota 55082 PID (04.029.20.21.0005) Site Size: "See attached legal description" Owner: John Junko, P.O. Box 109, Aitkin, Minnesota 56431 Applicant: Richard (Dick) Zimmerman, 849 Autumn Way, Stillwater, Minnesota 55082 On behalf of St. Croix Cannabis, LLC PROJECT DESCRIPTION Richard Zimmerman on behalf of St. Croix Cannabis, LLC (Applicant) is hereby requesting a Conditional Use Permit in conjunction with a Zoning District Amendment at 14303 60th Street North, Oak Park Heights, Minnesota 55082 to own and operate a retail cannabis dispensary. The applicant has received approval from the Minnesota Office of Cannabis Management (OCM) for a Microbusiness License which encompasses a Retail endorsement. The applicant is proposing to lease from owner said property described above for a cannabis dispensary. The applicant intends to remodel and redesign the "interior" of existing property approximately 2,000 sq. ft to meet their operational requirements, and to comply with all State of Minnesota OCM standards and regulations along with all current City building and fire codes. Site Plan and Exterior Modifications: The existing building will remain in -tact as it sits on the property with no significant exterior modifications planned. Customers will park to the north and east of the building as the primary entrance will remain the same currently located on the east side of the building. There are existing access doors on the west and south sides of the building which will remain locked at all times, however they will provide emergency access and exits to the building. A new exterior free standing pole sign will be placed on the north end of the property near the driveway entrance along the service road. The design, size, lighting and location will comply with all Minnesota OCM rules and regulations and in accordance with all City ordinances and guidelines. Customer Experience and Floor Plan: Regulation of Entry: The main entrance of the building will be clear of any obstructions or barriers, including landscape that may obscure the entry. St. Croix Cannabis will establish a locked door or barrier between the dispensary's entrance and the limited access area via the use of the Entry & Waiting Area and other access -controlled doors. All persons entering the dispensary will be immediately greeted by staff, who will verify that the person may remain on the premises and will direct them as necessary (e.g., sign into the visitor's log or await entry into the dispensary space). Any unauthorized person will be denied access to the Retail Area. Adult -use purchasers will show a government -issued ID and dispensary agents will show their badge identification. After authorization to enter has bee verified, staff will permit entry into the restricted areas of the dispensary. Security personnel will have remote access to unlock the door to the Retail Area. *Security will have access to a hold-up alarm. Signaae and Notices: To deter unauthorized agents from entering secured areas, St. Croix Cannabis will post a sign at every entryway into any area of the dispensary containing cannabis or cannabis products, including the Vault. Signs will state, in minimum of 12 inches by 12 inches in lettering no smaller than one inch in height: "Do Not Enter — Restricted Area — Authorized Personnel Only." Notices will be prominently posted within the dispensary stating: Distribution to persons under the age of 21 is prohibited. Transportation of cannabis or cannabis products across state line is prohibited. Two -Factor Authorization: Secured areas such as the Vault and Security Room will be equipped with a two -factor authentication key card and PIN Code access system. Authorized individuals will present their access control card at the proximity reader and if they are currently authorized to enter, the reader will require a PIN Code to determine if they are authorized for entry before releasing the entry -locking hardware. Only those agents with a need to access particular areas of the dispensary will be give the necessary authorization. All agents will be given a duress PIN Code that they may enter on the keypad; this duress feature will be active 24/7 on all safes, the Vault door, all access control entry points, and other two -factor authentication doors. OPERATIONS The Applicant, Richard L Zimmerman, is proposing to operate a Cannabis Retail Dispensary from the subject property. Hours of Operation: ■ 10am -10pm, 7 days/ week • Consistent hours reduce late -night traffic and provide predictability for both customers and neighbors. • Deliveries and service vehicles will only occur during business hours. Employment: • Employees Full -Time: 10 (including retail, security, and management) 2 • The number of employees on site during normal retail operations will generally be 6 or fewer. • Employees will undergo background checks, fingerprinting, and OCM-mandated compliance training. • Employment will provide stable jobs for local residents and contribute to the local economy. Parking: There are 8 spaces on the parcel, 2 of which will be handicap spaces (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 OCM 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 OCM reporting and tracking requirements. Any discrepancies or questions regarding customer transactions can be investigated by reviewing POS data and surveillance footage. Internal Cash Manasement_ 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. 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. 3 Security Plan: 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 ( OCM). 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 east 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 OCM. All lighting will be placed and planned for in compliance with Minnesota Statute Chapter 342 as administered by the OCM. Per the City's Ordinance section 401.18.F., all lighting will be hooded and downcast. To achieve OCM 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. 4 Outlook Congratulations on receiving preliminary license aapra, l for DIS-A24-000115 From OCM_NOREPLY@accela.com <OCM_NOREPLY@accela.com> Date Wed 8/20/2025 3:30 PM To dick still-iatertrolley.com <dick@stillwatertrolley.com> Dear Applicant, EXHIBIT 2 We are pleased to inform you that you have received preliminary license approval. Please note that you have 18 months to obtain a cannabis business license upon receiving this notification. A notice of preliminary approval is intended to demonstrate an applicant's preparedness and qualifications on the pathway to licensure and can be a tool utilized for securing funds, receiving local approvals, and preparing to be in full compliance. Please be aware this notice does not convey license approval. Your application is moving forward, but you are not yet authorized to conduct any of the activities for any license type. To continue the process and receive your license, you must first complete the following steps: 1. Engage with local governments. Begin discussions with your local government early to understand and meet all local requirements, including zoning, any necessary conditional use permits, building/fire code inspections, and retail registration (if applicable, and see below). You must secure a physical location that complies with local zoning ordinances and update your application documents showing you are compliant with all local requirements. You are strongly encouraged to engage with local governments at the earliest stage possible before you invest in any location in order to understand what a local government may require for your business to operate in their jurisdiction. 2. Submit final documents. Preliminarily approved applicants will submit final application materials to OCM when they can demonstrate compliance with all applicable rules. The materials include details about the site location, final operational documentation, and documentation of any ownership changes, and are referred to as final plans of record. Links to complete online fillable forms that will make up your final plans of record are at: h tps./'mrt.go%jiocmibzisicessesilicensi glfinal-plan--o-recol*d.lsq. Preliminarily approved applicantsshould not complete site registration until they have received confirmation that they have rnet all applicable requirements for local zoning approval, are compliant Mlh state fire and building codes, and if applicable, and are less than 90 days from being able to open their doors. 3. Once you have completed and submitted the online forms, you will receive P D s of your final plans of record via email that must be uploaded to the Office of Cannabis Management (OCM) through Accela. 0C,1v1 will forward your .application to the local government indicated on your application. RECEIVED UU1 14 2025 4. Local government zoning compliance certification. Local governments have 30 days to certify that your application complies with zoning and land use ordinances. Important: be sure to engage early with your local government so that you understand their timelines and process for local zoning compliance certification. OCM recommends that preliminarily approved applicants wait until all the required items for local approval have been met with their local govemment before they submit their site registration. These requirements may include conditional use permits (CUPs), firelbuilding code inspections, and local retail registration. Additionally, be sure to remain in close communication with the local govemment to ensure that they are prepared to review your application. Please review the guidance for local govemments regarding zoning compliance certification located here:u�,Ls:llr,�Ilcc=:,-gc�vv:':�:.z�::sslloclovs.;p for awareness on what local govemments will be required to complete for this stage. 5. Site inspection. After receiving local zoning compliance certification, OCM will schedule a pre -opening site inspection to verify that your physical location complies with all applicable laws and rules. 6. Pay license fee. Upon a successful site inspection, you will be able to pay the required license fee through Accela. Once payment is received, OCM will issue your cannabis business license with the appropriate endorsements. Important note: Local Retail Registration (only for license types engaging in retail direct to consumers) If your license involves retail sales, you must obtain a local retail registration — in addition to your cannabis business license - from your local govemment before commencing any retail sales. Per a new law change effective May 20251, local governments are allowed to issue retail registration to an applicant with either preliminary approval status or a cannabis business license. Please engage with your local government early to understand the approval process for local retail registrations which is determined by each local government. The licensing guidebook detailing the above steps is available on the OCM licensing webpagg; please review the information carefully. The guidebook contains important information about how to successfully complete the licensing process and also includes several suggestions about working on securing local approvals for zoning compliance and local retail registration. The Frorn aiail co License: YOU P8:.i �o Ca,inaf ri- Lice�si g in Li innesafa graphic provides an overview of licensing steps. You should also review and the Fljlvs for more information about all statutory requirements. Important Note on Ownership Changes, Endorsement Changes and Trade Name Registration Changes: Minnesota law only allows for licenses to be transferred. However, the prohibition on pre- licensure transfer does not mean that an applicant cannot make changes to their ownership structure. There are different requirements for changing ownership of a business, depending on if the changes are being made prior to obtaining a cannabis business license, or if they are being made after a license has been issued. By statute, applicants cannot transfer ownership of their application before receiving a license. This means that a preliminarily approved applicant cannot sell the majority ownership interest to a third party. However, qualified and preliminarily approved applicants can make changes to their ownership structure pre-licensure, so long as they do not do any of the following: Make any transfer of an ownership interest that changes the individual that holds a majority ownership interest of the cannabis business. Make any change of ownership or control that requires a new business registration with the Minnesota Secretary of State. Make any transfer of ownership that causes a social equity classified application to no longer qualify as a social equity application. Add any owners that are ineligible to hold a cannabis license based on criminal or civil offense history. Create any ownership structure that is in violation of the true party of interest provisions contained in Statutes, section 342.185. Note that it is the applicant's responsibility to maintain compliance with ownership structure requirements in Minnesota Statutes, sections 342.14, 349,15, 342,1 , 342.1 t , and 3A2.,78 and failure to do so will result in your application not proceeding. While an applicant can make changes to their ownership group prior to licensure, (,ACM will only review changes to your ownership once the site registration is submitted in your application. Site registration is the step you take when your business is ready to operate. This step is when your business demonstrates compliance with all applicable rules and regulations, and you alert OCM of the local jurisdiction in which you intend to operate. When an applicant starts the site registration process, they will need to upload the change of ownership documents into Accela along with their final plans of record. The fink to the change of ownership documents is located at. httos:llm+i..govlocmlbusinesses/licarrs€ngifinal-pi—f- racort.jso under the section Change of Ownership and Control. OCM will not review any changes to the ownership group until an applicant is ready to become operational and has submitted their final plans of record and site registration. Additional information on change of business ownership and control can be found on the QQiM wabsite. An applicant can change endorsements at the time of site registration. Once an inspection has taken place, OCM will verify which endorsements have passed inspection. indorsements may change after licensure but livill require a new site registration, final ,plans of record and inspection. 00—M does not provide legal or business advice. To the e isnt that you feel you may need such services, You are epcouraged 10 S,3-ak t ose out independently, Starting any business, including a cannabis busmesa; caf�es nsok, and ycu should never,n-vast more Brian ,you ara willintg- to lose, !lilt r, r�gn�i►ocrn for more information and resources. If you gave questions ralated to your application, please contact the Ucensincd Division at ocrrJtensing@stata mn. When contacting the licensing email, please include your application number at the beginning of the email subject lineollo� lad by the topic, (e,xampla: Applica�aon Nllu. Abe — Background RECEIVED OCT 14 2025 Again, congratulations on reaching this milestone in your ongoing efforts to secure a cannabis business license. Thank you, Minnesota Office of Cannabis Managemeni QcI�"i.ffcpn.sJrlg CL;-2�'i2.iilii.?�S �7 CGpy�lght 242�.e, Wrd/nptell Camry � n,.i�,,. ras..•�.�.. �,-.,. PRO g13 H t-1451 AMLI 9$ _� POINT a n u u • a fiuu yak — M i U Y >n1h M 145 *•Tl�IM � .._ 61bin�fyR � � N I ICI i EXHIBIT 4 OAK PARK HEIGHTS CUP APPLICATION FINDINGS The following findings regarding CUP information requirements from October 22, 2025 letter is provided for Planning Commission and City Council consideration. A. Mailing Labels from Washington County Applicant Response: Project mailing labels from Washington County are included. B. Dimension Plan Applicant Response: As the Project Site is proposed to be in an existing veterinary clinic 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. Dimensions of existing structures. See attached site plans. No new structures are proposed. C. Site Development Plan Applicant Response: The Project Site is proposed to be a remodel of an existing veterinary clinic. The site 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. The access driveway and the parking lot pavement are not in good condition. See attached site plans. No changes to existing parking are proposed. The project will entail the complete resurfacing of the existing parking lot and access driveway. Please note that this is a maintenance and renewal effort, and it does not include the addition of any new pavement or lot expansion. D. Landscape Plan Applicant Response: Removing overgrowth on property i.e. evergreens, bushes etc. No removal of old growth trees is necessary. Removal of vegetation will be along 60th Street North only. All vegetation will remain along Oldfield Avenue road to provide screening to the neighborhood. 1. Photos of proposed vegetation removal. See attached photos. No old growth trees will be removed. Vegetation along 60th Stree North will be removed. See Exhibit 3 E. Site Photos Applicant Response: More site photos are included with the resubmittal. 2. Provide Site Photos. See attached photos. See Exhibit 8. A St. Croix Cannabis - FLOOR PLAN E I o u 0 o µ. bo o lid to O cd m a�oi U 121011 2,0" "3- 44 1►', i M 3 a� L 0 .� 3 a r4 N o 261 511 N W---I Not to Scale MMMLAW 62' 8" o 0 0 oc CL Sales Floor u sus 1 WMM E 0 L +.M1914� N N Garage N N 24'311--- Sign to comply with City Ordinance and proper permit obtained from the City r_ Application for CUP to operate _ cannabis retail store Date:10/14/2025 Owner: Richard L. Zimmerman St. Croix Cannabis - VECETATIQN REMOVAL Vegetation along 50`' Street North to be removed (North side of access driveway) Vegetation (shrubs only) along 50'�' Street North to be removed (South side of access driveway) Application for CUP to operate cannabis retail store Date:10/14/2025 Owner: Richard L. Zimmerman •�� �( �` fix- �• ` _ ��, ! th Side ofWltding [ _- i i r, •fit. : _ _ � • ..� 'fir':` _ ". _ � _ =Tfc .ei •,�•-�.r f-1 a vs . --� ,••� ir�.tl r at - _ - — � � — __ �vr� ti� _ _ l - = mil► tip, ., - • � � . �� 1 J'�u' S. � �4•ti�� y. ••_fir.• LAM y. %' ••1 'A _ter`• AN" '��*�t y.F s •^-•f k�.-•�'w`_ - �' �'•.��... �.' .. . -� fir-: � = .:.�'4r�� YgwC' •,� r : ;��r, .f,•s sA F 0 Rom';` �Y Iii •,; c .? , �`� ti. f,. yam, _ y� '$ _� vim"_: .. • r. • ��3 'ram � - r r e' :r w _ w N 1p o I �L O N 1 1 I u � C 2 y 10 m 4 m O 0 401.18 CANNABIS BUSINESS AND HEMP BUSINESS OPERATIONS 401.18.A. Minimum Buffer Requirements. 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. 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: 202 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. 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. 203 401.18.H. Outdoor Use. All uses and activity shall be conducted indoors, with no storage or activity allowed. 204