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HomeMy WebLinkAbout2025-11-25 CC Packet Enclosure°j oak Park,%.. G° Date: November 25, 2025 New Business TO: Mayor and City Council FROM: Scott Richards, City Planner AGENDA ITEM: Land Use and Zoning Amendments and Conditional Use Permit for a Cannabis Retail Dispensary — St Croix Cannabis Dispensary — 14303 60` Street North BACKGROUND: Richard Zimmerman (Applicant) and John Junko (Owner) have submitted an application for a Conditional Use Permit for a cannabis retail dispensary at 14303 60'' 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. FINANCIAL IMPACT: ■ DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No ACTION REQUESTED: Approve Resolution for Conditional Use Permit Approve Ordinance Amendment for Section 401.20.B. Approve Resolution for Comprehensive Plan Amendment ATTACHMENTS: • Planning Report • Resolution for Conditional Use Permit • Ordinance Amendment for Section 401.20.B. ■ Resolution for Comprehensive Plan Amendment Page 26 of 75 3601 Thurston Avenue N. Suite 100 Anoka. MN 55303 Phone: 763.231 .5840 Facsimile. 783. 427. 0520 TPCTPC(@PlanningCo.com PLANNING REPORT TO: Jacob Rife FROM: Scott Richards DATE: November 20, 2025 RE: Oak Park Heights — Land Use and Zoning Amendments — Conditional Use Permit for a Cannabis Retail Dispensary — St Croix Cannabis Dispensary — 14303 60fh 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 60fh 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 Planning Commission, at their November 13, 2025, meeting held a public hearing and recommended the application for the Conditional Use Permit, amendment to the Comprehensive Plan — Proposed Land Use Map, and the amendment to the Zoning Map. The review is based upon the following submittals: Page 27 of 75 Exhibit 1: Planning Report with Exhibits — November 6, 2025 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 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 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. CONCLUSION / RECOMMENDATION The City Council should consider the application for the land use and zoning amendments and the Conditional Use Permit for a cannabis retail dispensary at 14303 60th Street North. If the City Council is favorable to the land use and zoning amendments as well as the Conditional Use Permit, it should consider approval with the following conditions: 1. The subject property is redesignated as Residential/Business Transitional on the Comprehensive Plan Land Use Map and rezoned B-2 General Business District in which cannabis retailers is a listed conditional use. 2. The business operations shall be limited to retail cannabis product sales with no growing or manufacturing operations on site. 3. 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. 4. 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. A plan shall be provided for the parking lot and driveway improvements subject to approval of the City. 5. 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. 2 Page 28 of 75 6. 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. 7. 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. 8. All site and sign 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. 9. 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. 10.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. 11.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. The Applicant agrees to a cost sharing of any traffic control implementation on 60th Street North or Oldfield Avenue North required by the City. 12.Any mechanical equipment that is ground mounted or visible from adjacent streets shall be screened as required by the Zoning Ordinance. 13.All trash and recycling shall be disposed of in the containers provided on site. 14.Any removal of trees or changes to the landscaping shall be subject to review and approval of the City Arborist. Landscape or fence screening shall be required on the west and south sides of the property as required by the Zoning Ordinance. 15.Any other conditions of City Staff, the Planning Commission and the City Council. C: Julie Hultman Page 29 of 75 TPC8601 Thursxon Avenue N, Suite 100 ENCLOSURE2 Anoka. MN 55303 Phone: 7e3.231.5840 Facsimile: 763.427.05 20 TPCL&F11an ni ngCo. cam PLANNING REPORT TO, Jacob Rife FROM: Scott Richards DATE: November 6, 2025 RE: Oak Park Heights — Land Use and Zoning Amendments — Conditional Use Permit for a Cannabis Retail Dispensary — St Croix Cannabis Dispensary —14303 60"' Street North TPC FILE: 236.02 — 25.07 BACKGROUND Richard Zimmerman (Applicant) and John Junko (Owner) have submitted an application for a Conditional Use Permit for a cannabis retail dispensary at 14303 601h 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 - Minnesota Office of Cannabis Management — June 6, 2025 Exhibit 3: Location Map Exhibit 4: CUP Application Findings Page 30 of 75 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 Zoning Ordinance PROJECT DESCRIPTION Hemp Business Operations - 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 6(7n 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. Page 31 of 75 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 35/50'" 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. !null 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. Page 32 of 75 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 4 Page 33 of 75 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/cond itiona I 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. E Page 34 of 75 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. 2 Page 35 of 75 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 401.18.0 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. 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. B. 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 pan` 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. Page 36 of 75 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. 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 401.18.1-1 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. Page 37 of 75 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 I 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 60fh 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.B 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 401.15.8.7 and 401.18.F of the Zoning Ordinance. 6 Page 38 of 75 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 Page 39 of 75 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 (CLIP) 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 55062 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. Page 40 of 75 Customer Experience and Floor Plan: RL,ulalion ai EnLIN: 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-fssued 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. Sigoage 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 2417 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. a Deliveries and service vehicles will only occur during business hours. Employment: Employees Full -Time: 10 (including retail, security, and management) 2 Page 41 of 75 • 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 S 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_Trackin;_ 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 ail 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 Managemen! prot?ss: 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 Page 42 of 75 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 40118.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 Page 43 of 75 Outlook EXHIBIT 2 Congratulations on receiving preliminary license aaprov :d •for b15-A24-0001,15 From OCM_NOREPLY@accela.com <OCM_NOREPLY@accela.com> Date Wed WO/2025 3.30 PM To dick-sal:merrrallox6 <dick@stillwatertrolley.com> Dear Applicant, 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 fiilable forms that will make up your final plans of record are at: Up-. lmn.govloc b►a inass2�ilicenai fl/ al-plan-ot-fecord_i�p. Preliminarily approved applicants 'should not complete site registration until they have received confinnation that they have met all applicable requirements for local zoning approval, are compliant with 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 PDFs of your final plans or record aria email that must be uploaded to the Office of Cannabis Management (OGM) Orough Accela. OCILI will forNard your application to the local novernment indicated on your application. RECEIVED Ul; l 14 2025 Page 44 of 75 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 fvr local approval have been met with their local government before they submit their site registration. These requirements may include conditional use permits (CUPs), fire/building code inspections, and local retail registration. Additionally, be sure to remain in close communication with the local government to ensure that they are prepared to review your application. Please review the guidance for local governments regarding zoning compliance certification located here: :Ili +�I.:c 1!^►=�-u���•�:. - fsllecl�c� s.ar� for awareness on what ++ - - local governments 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 compiles 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 Retain 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 government before commencing any retail sales. Per a new law change effective May 2025, 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 govemment 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 CCM licensing webpggg; 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 5ia, i w LFcensa* Youi- PL.. i is Cao nal is L': ,)sag in M lnnascr2 graphic provides an overview of licensing steps. You should also review and the = -Ans g io Ac: 1►_'Q2 :s:3raGi-s 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. Page 45 of 75 . 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 Mlnne ota Statutes, section 342. t 8: . Note that it is the applicant's responsibility to maintain compliance with ownership structure requirements in Minnesota Statutes, sections 34 .14. 911 342-1 _ 7 and 342_ 1 of 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, OCM 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 link to the change of ownership documents is located at:://mn.g�v�Jvn,lh+_r3inasse5li��nsi,�}irinal-plan-of- fyca 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 DCr>>1 website. 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. Endorsements may change after Ucensure but will require a new sita registration,, final plans of record and inspection. OC,AA does not provide legal or business advice. To tna extent that you feel you may need such Services, you are ancouraged i® s3ek those out independandy. Starting any business, including cannabis business; cardez- 1-13k, 3'k] `feu s�-,cu!rj nejer f110re than you arewilling to loss. Visit , r1n, j: awe m for more information and rasources. If you have questions related to your application, please contact the Licensing Cisrlsion at Qr.a ica:%7ing st t -� _ ►Ihen contacting the Licensing email, please include your application number at the beginning of the 2f'! ii sut3jetii linty foilowad by it e topic (a:cample. agplica an � rbar—Sacl;ground Check). RECEIVED OCT 14 2025 Page 46 of 75 Again, congratulationsvon reaching this Milefon® h your ongoing effod. a tosawre a c e inabla business license. itiank you, Minnesota Office of Cannabis Management Page 47 of 75 Page 48 of 75 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: 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. 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. 0 Page 49 of 75 62' 811 E°o is O p W Cto i r. C Sales Floor �.� 121 011 N rzsk-,�\- WYNot to Scale W"RN r N N Sign to comply with City Ordinance and proper permit obtained from the City Application for CUP to operate cannabis retail store Date:10/1412025 Owner: Richard Ift;jMgpp{man ■ Not to Scale _._..._..-•---•......................... -.—.—_.-._._.- _ Application for CUP to operate Richard g jTi�erman W`- C-1- -_7"Ww- � -Omer _ 'ram �r WWI _ a •� �,� `e � ' f� - ,. r _—.�� � -~ ...+ �- �. - ''' _ �'� N. • a� '.F •�'Y • � .. �. � _ �M — - ' -�ti . r--:3 'z4w �ppp_ f dw / # 2� m m m m a d � 0 II FL d z U 1 _ I ag g a� N 5 3 g IF 6 .yy � jij =m + 8 V a 0�L Page 58 of 75 0 � � a9 59 y75 Ex 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 ofan 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 401.16_A. 401.18.13. 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 Page 61 of 75 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. 203 Page 62 of 75 401.18.H. Outdoor Use. All uses and activity shall be conducted indoors, with no storage or activity allowed. 204 Page 63 of 75 RESOLUTION NO.25-11-36 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 RICHARD ZIMMERMAN FOR A CONDITIONAL USE PERMIT TO ALLOW A CANNABIS RETAIL DISPENSARY AT 14303 6011H STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Richard Zimmerman of St Croix Cannabis (Applicant) for a Conditional Use Permit to allow a cannabis retail dispensary at 14303 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 to be redesignated as Residential/Business Transitional on the Comprehensive Plan Land Use Map; and 4. The property is to be rezoned B-2 General Business District in which cannabis retailers is a listed conditional use; and 5. 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 6. The dispensary will be in a freestanding commercial building with no other tenants; and Page 64 of 75 7. Richard Zimmerman 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; and 8. 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 9. The Applicant has provided information to confirm compliance with all the provisions of Section 401.18 of the Zoning Ordinance; and 10. City staff prepared a planning reports dated November 6, 2025, and November 20, 2025, reviewing the request; and 11. The Planning Commission held a public hearing at their November 13, 2025, meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved 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 Richard Zimmerman of St Croix Cannabis for a Conditional Use Permit to allow a cannabis retail dispensary at 14303 601h Street North 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 subject property is redesignated as Residential/Business Transitional on the Comprehensive Plan Land Use Map and rezoned B-2 General Business District in which cannabis retailers is a listed conditional use. 2. The business operations shall be limited to retail cannabis product sales with no growing or manufacturing operations on site. 3. 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. 4. 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. A plan shall be provided for the parking lot and driveway improvements subject to approval of the City. 2 Page 65 of 75 5. 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. 6. 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 401.18.1) of the Zoning Ordinance. 7. 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. 8. All site and sign 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 401.18.1' of the Zoning Ordinance. 9. 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. 10. 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. 11. 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. The Applicant agrees to a cost sharing of any traffic control implementation on 60th Street North or Oldfield Avenue North required by the City. 12. Any mechanical equipment that is ground mounted or visible from adjacent streets shall be screened as required by the Zoning Ordinance. 13. All trash and recycling shall be disposed of in the containers provided on site. 14. Any removal of trees or changes to the landscaping shall be subject to review and approval of the City Arborist. Landscape or fence screening shall be required on the west and south sides of the property as required by the Zoning Ordinance. Approved by the City Council of the City of Oak Park Heights this 25th day of November 2025. ATTEST: Jacob Rife, City Administrator Chuck Dougherty, Mayor 3 Page 66 of 75 ATTACHMENT A Comprehensive Plan Amendment, Rezoning From R-B, Residential/Business Transitional District To B-2, General Business District And Conditional Use Permit To Allow A Cannabis Retail Dispensary St. Croix Cannabis Dispensary 14303 601h St. N. Washington County Property Identification Number: 04.029.20.21.0005 Legal Description: All that part of the Northeast Quarter of the Northwest Quarter (NE '/4 of NW 1/4 ) of Section Four (4), Township Twenty-nine (29), Range Twenty (20), described as follows: Beginning at a point on the South Right of Way line of State Trunk Highway No. 212, said point beginning One hundred eighty-seven (187) feet East of the West line of the Northeast Quarter of the Northwest Quarter (NE 1/4 of NW '/4 ) of said Section Four (4), thence South and parallel with the west line of the Northeast Quarter of the Northwest Quarter (NE 1/4 of NW 1/4 ) of said Section Four (4), a distance of Two hundred (200) feet; thence East and parallel with the South Right of Way line of State Trunk Highway No. 212, a distance of One hundred forty-five (145) feet; thence North and parallel with the West line of the Northeast Quarter of the Northwest Quarter (NE '/4 of NW 1/4 ) of said Section Fourt (4), a distance of Two hundred (200) feet to the South Right of Way of line of State Trunk Highway No. 212; thence West on said Right of Way line of State Trunk Highway No. 212 a distance of One hundred forty-five (145) feet to the place of beginning: and also subject to the restriction that no dwelling, house or other structure may be erected on the above described land within a distance of One hundred thirty (130) feet south from the southern boundary line of the concrete paving of State Highway No. 212, as the same now exists and is laid out; Subject to the restrictions that the above described 130 feet may not be used for commercial purposes. Page 67 of 75 ATTACHMENT B Comprehensive Plan Amendment, Rezoning From R-B, Residential/Business Transitional District To B-2, General Business District And Conditional Use Permit To Allow A Cannabis Retail Dispensary St. Croix Cannabis Dispensary 14303 60Ih St. N. Application Materials • Application Form ■ Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal ■ Proof of Ownership or Authorization to Proceed Planning Commission Review & Recommendation: November 13, 2025 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 68 of 75 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO.2025-401-03 AN ORDINANCE AMENDING SECTION 401.20.B, MAP OF THE ZONING ORDINANCE TO REZONE 14303 60TH STREET NORTH FROM RESIDENTIALBUSINESS TRANSITIONAL DISTRICT TO B-2 GENERAL BUSINESS DISTRICT THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS: SECTION 1. The City Council of the City of Oak Park Heights has considered a request to rezone a property parcel at 14303 601h Street North, legally described in Attachment A, and makes the following findings and conclusions: 1. The proposed rezoning would facilitate development of the property for general business use. 2. The City's Comprehensive Plan designates the property as Residential/Business Transitional that will be re -designated as Commercial. The proposed rezoning will be consistent with the official Comprehensive Plan. 3. The City will review the land use designations and zoning classifications in this immediate area to determine if additional land use and zoning changes are necessary. 4. The property directly to the east is currently zoned as B-2 General Business District. Existing City services are sufficient to accommodate the proposed development. 6. The traffic generated by the proposed development is within the capabilities of the streets serving the area provided that the conditions applicable to the approvals are followed. 7. The Planning Commission, after holding a public hearing, recommended approval of the rezoning at their November 13, 2025, meeting. SECTION 2: That Section 401.20.13 Map of the Zoning Ordinance, City of Oak Park Heights, Minnesota, is hereby amended to include the following: Page 69 of 75 The following property shall be rezoned from Residential/Business Transitional District to B-2 General Business District: 14303 601h Street North, legally described in Attachment A SECTION 3. This Ordinance shall be in full force and effect upon its passage and publication. PASSED this 25th day of November 2025 by the City Council of the City of Oak Park Heights. CITY OF OAK PARK HEIGHTS Chuck Dougherty, Mayor ATTEST: Jacob Rife, City Administrator Page 70 of 75 RESOLUTION NO.25-11-37 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 RICHARD ZIMMERMAN FOR A COMPREHENSIVE PLAN 2018 AMENDMENT TO CHANGE THE LAND USE CLASSIFICATION OF RESIDENTIAL/BUSINESS TRANSITIONAL USE TO COMMERCIAL AT 14303 60TH STREET NORTH, BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received an application from Richard Zimmerman for a Comprehensive Plan 2018 Amendment to change the land use classification of Residential/Business Transitional use to Commercial at 14303 60th Street North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended the application. 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 Comprehensive Plan 2018 Proposed Land Use Map designated this area as Residential/Business Transitional, but the visibility and access of the property from Highway 36, as well as the commercial land use directly to the east of the subject site are factors in considering a land use change; and 4. The site is to be rezoned B-2 General Business District concurrently with the Comprehensive Plan 2018 Amendment for land use; and 5. The Zoning Ordinance provides adequate landscape and screening measures to assure a proper land use transition from the commercial use to the low density designated land use to the south and east; and Page 71 of 75 6. City staff prepared a planning reports dated November 6, 2025, and November 2025 reviewing the application for a Comprehensive Plan Amendment and rezoning; and 7. The Planning Commission held a public hearing at their November 13, 2025, meeting, took comments from the applicants and public, closed the public hearing, and 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 Richard Zimmerman for a Comprehensive Plan 2018 Amendment to change the land use classification of Residential/Business Transitional to Commercial for 14303 60th Street North shall be submitted to the Metropolitan Council for Administrative Review in that the change is minor and eligible under the Local Planning Handbook qualifications for Metropolitan Council Staff review and not review by the Council as a whole, and affecting the real property as follows: SEE ATTACHMENT A Approved by the City Council of the City of Oak Park Heights on this 25th day of November 2025. ATTEST: Jacob Rife, City Administrator Chuck Dougherty, Mayor 2 Page 72 of 75 ATTACHMENT A Comprehensive Plan Amendment, Rezoning From R-B, Residential/Business Transitional District To B-2, General Business District And Conditional Use Permit To Allow A Cannabis Retail Dispensary St. Croix Cannabis Dispensary 14303 601h St. N. Washington County Property Identification Number: 04.029.20.21.0005 Legal Description: All that part of the Northeast Quarter of the Northwest Quarter (NE '/4 of NW 1/4 ) of Section Four (4), Township Twenty-nine (29), Range Twenty (20), described as follows: Beginning at a point on the South Right of Way line of State Trunk Highway No. 212, said point beginning One hundred eighty-seven (187) feet East of the West line of the Northeast Quarter of the Northwest Quarter (NE '/4 of NW '/4 ) of said Section Four (4), thence South and parallel with the west line of the Northeast Quarter of the Northwest Quarter (NE '/4 of NW '/4 ) of said Section Four (4), a distance of Two hundred (200) feet; thence East and parallel with the South Right of Way line of State Trunk Highway No. 212, a distance of One hundred forty-five (145) feet; thence North and parallel with the West line of the Northeast Quarter of the Northwest Quarter (NE '/4 of NW '/4 ) of said Section Fourt (4), a distance of Two hundred (200) feet to the South Right of Way of line of State Trunk Highway No. 212; thence West on said Right of Way line of State Trunk Highway No. 212 a distance of One hundred forty-five (145) feet to the place of beginning: and also subject to the restriction that no dwelling, house or other structure may be erected on the above described land within a distance of One hundred thirty (130) feet south from the southern boundary line of the concrete paving of State Highway No. 212, as the same now exists and is laid out; Subject to the restrictions that the above described 130 feet may not be used for commercial purposes. Page 73 of 75 ATTACHMENT B Comprehensive Plan Amendment, Rezoning From R-B, Residential/Business Transitional District To B-2, General Business District And Conditional Use Permit To Allow A Cannabis Retail Dispensary St. Croix Cannabis Dispensary 14303 601h St. N. Application Materials ■ Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed Planning Commission Review & Recommendation: November 13, 2025 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 74 of 75