HomeMy WebLinkAbout2026-01-08 Planning Commission Meeting PacketPLANNING COMMISSION MEETING AGENDA
Thursday, January 8, 2026
6:00 P.M.
I.Call to Order / Pledge of Allegiance
II.Approval of Agenda
III.Approve December 11, 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.Power Plant Cannabis Shop II LLC – 13435 60th St. N.: Review and consider an application
for a Conditional Use Permit and Design Guidelines/Site Plan Review, to allow a cannabis
retail dispensary at 13435 60th St. N. (2)
B.Dave’s Hot Chicken – 5910 Neal Ave. N.: Review and consider an application from Fusion
AE, LLC on behalf of MN Chicken LLC, for a Conditional Use Permit and Design
Guidelines/Site Plan Review, for Dave’s Hot Chicken at 5910 Neal Ave. N. (3)
VII.New Business
VIII.Old Business
IX.Informational
X.Adjourn.
ENCLOSURE 1
PLANNING COMMISSION MEETING MINUTES
Thursday, December 11, 2025
I. Call to Order/Pledge of Allegiance:
Chair Van Denburgh called the meeting to order @ 6:00 p.m.
Present: Commissioners Van Denburgh, Husby, Nelson, and Stimpfel; City Planner Richards and
City Councilmember Liaison Representative Liljegren. Absent: Commissioner Van Dyke and City
Administrator Rife.
II. Approval of Agenda:
Commissioner Husby, seconded by Commissioner Stimpfel, moved to approve the Agenda as
presented. Carried 4-0.
III. Approval of November 13, 2025 Meeting Minutes:
Commissioner Stimpfel, seconded by Commissioner Nelson moved to approve the Minutes as
amended to correct the spelling of Commissioner Nelson on page 1, Section II. Carried 4-0.
IV. Department / Commission Liaison / Other Reports: City Council Liaison Representative
Liljegren provide an update to recent City Council meetings.
V. Visitor / Public Comment: None.
VI. Public Hearings:
A. HyMN LLC – 13999 60th St. N.: Review and consider an application for a Conditional Use
Permit to allow a cannabis retail dispensary at 13999 60th St. N. (2)
City Planner Richards reviewed the December 4, 2025 Planning Report, noting City staff
recommendation for approval, subject to the proposed conditions.
Chair Van Denburgh opened the public hearing at 6:07 p.m. and invited public comment.
Planning Commission Minutes
December 11, 2025
Page 2 of 3
Habib Abas – HyMN, LLC. Manager for the proposed store introduced himself, discussed
the plan for the store operation, and noted that twenty employees were anticipated when
fully operable.
There being no additional public comment, Commissioner Husby, seconded by
Commissioner Nelson, moved to close the public hearing at 6:11 p.m. Carried 4-0.
Commissioner Husby, seconded by Commissioner Stimpfel, moved to recommend City
Council approval of the request for Conditional Use Permit, subject to the conditions within
the planning report, 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.B of the Zoning Ordinance.
3. The business shall be ventilated so that odors cannot be detected by a person with a
normal sense of smell at the exterior of the facility or at any adjoining use or
property; the business shall not produce noxious or dangerous gases or odors or
otherwise create a danger to any person or entity in or near the facilities as specified
in 401.18.C of the Zoning Ordinance.
4. The business hours operation shall be limited to between 10:00 a.m. and 9:00 p.m.,
seven days a week as specified in 401.18.D of the Zoning Ordinance.
5. All signage shall comply with all sign requirements of 401.15.G and 401.18.E of the
Zoning Ordinance and a sign permit shall be required.
6. All lighting shall be shielded and angled in such a way as to prevent light from spilling
outside of the boundaries of the parcel(s) or premises or directly focusing on any
surrounding uses as specified in 401.15.B.7 and 401.18.F of the Zoning Ordinance.
7. The Fire Chief and Police Chief shall review and approve the security plans
addressing public safety, and the business shall comply with all provisions of Section
401.18.G of the Zoning Ordinance and approved security plans.
8. All uses and activity shall be conducted indoors, with no exterior storage or activity
allowed as specified in 401.18.H of the Zoning Ordinance.
9. If traffic, parking, or delivery issues develop in the immediate 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.
Planning Commission Minutes
December 11, 2025
Page 3 of 3
10. Any mechanical equipment that is ground mounted or visible from adjacent streets
shall be screened as required by the Zoning Ordinance.
11. All trash and recycling shall be disposed of in the containers provided on site.
12. Any other conditions of City Staff, the Planning Commission, and the City Council.
Carried 4-0.
VII. New Business: None.
VIII. Old Business: None.
IX. Informational: None.
X. Adjourn. Commissioner Stimpfel, seconded by Commissioner Nelson, moved to adjourn at 6:14
p.m. Carried 4-0.
Respectfully submitted,
Julie Hultman
Building Official
ENCLOSURE 2
PLANNING REPORT
TO: Jacob Rife
FROM: Scott Richards
DATE: December 30, 2025
RE: Oak Park Heights – Conditional Use Permit for a Cannabis Retail
Dispensary – Power Plant Cannabis Shop - 13435 60th Street
North
TPC FILE: 236.02 – 25.08
BACKGROUND
Lauren Weiss of Power Plant Cannabis Shop II, LLC (Applicant) has made application
for a Conditional Use Permit for a cannabis retail dispensary at 13435 60th Street North.
The retail dispensary will be in the former McCormack’s Furniture space, where it is
proposed to occupy 4,220 square feet at the front portion of the building. The remaining
10,228 square feet would be available for other tenants.
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 – August 8, 2025
Exhibit 3: Location Map
Exhibit 4: General Notes (A-100)
Exhibit 5: Architectural Site and Landscape Plan (A-200)
Exhibit 6: Floor Plan (A-201)
Exhibit 7: Life Safety Plan (A202)
Exhibit 8: Exterior Elevations (A-300)
Exhibit 9: Operating Procedures
Exhibit 10: Cannabis Sales Buffer Map – City Wide
Exhibit 11: Section 401.18 – Cannabis Business and Hemp Business Operations -
Zoning Ordinance
2
PROJECT DESCRIPTION
The project narrative is found as Exhibit 1. The introduction to the narrative that
provides an overview is as follows:
Power Plant Cannabis II, LLC respectfully requests the approval of a Conditional Use
Permit to establish an Adult Use Cannabis Microbusiness at 13435 60th Street North,
Oak Park Heights, Minnesota. The proposed development involves the adaptive reuse
of a vacant furniture showroom and warehouse located in the B-4 General Business
District, which permits cannabis retail operations with a Conditional Use Permit.
The strategic revitalization will activate +/-4,220 square feet of the existing structure for
cannabis retail use, while reserving over 10,228 square feet for future lease
opportunities, supporting long-term economic growth and diversification.
ISSUES ANALYSIS
Adjacent Uses. Uses adjacent to the subject site include 60th Street/ Highway 36 to
the north, and commercial development to the east, north and west.
Comprehensive Plan. The property is designated as Commercial on the Proposed
Land Use Map. Use of the site as a retail use is consistent with the Comprehensive
Plan.
Zoning. The property is zoned B-4 Limited Business District. Section 401.301.E.12 of
the Zoning Ordinance lists cannabis retailers as a conditional use in the B-4 District.
Power Plant Cannabis has received preapproval from the Minnesota Office of Cannabis
Management for a microbusiness license. The definition of microbusiness allows for
both growing and sales of cannabis products. The Applicant is requesting only for a
cannabis retail location and no growing operations. A condition will be placed limiting
the allowed use. The criteria for review of a conditional use are found as follows:
Conditional Use Permit Criteria. The conditional use permit criteria, found in Section
401.03.A.7 of the Zoning Ordinance, are found as follows:
1. Relationship to the specific policies and provisions of the municipal comprehensive plan.
2. The conformity with present and future land uses in the area.
3. The environmental issues and geographic area involved.
4. Whether the use will tend to or actually depreciate the area in which it is proposed.
5. The impact on character of the surrounding area.
6. The demonstrated need for such use.
7. Traffic generation by the use in relation to capabilities of streets serving the property.
8. The impact upon existing public services and facilities including parks, schools, streets,
and utilities, and the City’s service capacity.
9. The proposed use’s conformity with all performance standards contained herein (i.e.,
parking, loading, noise, etc.).
3
Comment: The Planning Commission should review the above criteria regarding the
request for the conditional use permits with this application. City Staff sees no issues
with the request as proposed.
Regulation of Cannabis Businesses and Hemp Businesses. Section 1413 of the
City Code provides the process and registration of cannabis and hemp businesses.
This is the fifth application for this type of business in the City, and Section 1413.08
limits the number of cannabis businesses to four. If one of the other businesses does
not move forward, or is not approved by the City Council, Power Plant Cannabis may be
granted a Conditional Use Permit approval.
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 10 shows that the proposed location
meets all buffering requirements.
Noise. Section 401.18.B of the Zoning Ordinance provides the following requirement:
There shall be no noise carrying beyond a lot upon which a business is located, except
for normal car and pedestrian activity.
Comment: This will be a condition of approval.
Odor. Section 401.18.C of the Zoning Ordinance provides the following requirement:
4
Cannabis Businesses and Hemp Businesses shall be ventilated so that all odors cannot
be detected by a person with a normal sense of smell at the exterior of the facility or at
any adjoining use or property; they shall not produce noxious or dangerous gases or
odors or otherwise create a danger to any person or entity in or near the facilities.
Comment: This will be a condition of approval.
Hours of Operation. Section 401.18.D of the Zoning Ordinance provides the following
requirement:
1. Cannabis businesses are limited to retail sales of cannabis, cannabis flower,
cannabis products, lower-potency hemp edibles, or hemp-derived consumer
products between the hours of 10:00 a.m. and 9:00 p.m., seven days a week.
Comment: The Applicant has included the City hour limitations in the application
materials, and it will be a condition of approval.
Signs. Section 401.18.E of the Zoning Ordinance provides the following requirement:
Cannabis and Hemp Businesses are subject to City Ordinance Section 401.15.G.8.d.1
regulating freestanding signs and are permitted one wall sign subject to the maximum
size and heights of City Ordinance Section 401.15.G.8.d.2.d. All other signs are
prohibited.
Signs shall only contain words and shall not contain or depict a cannabis flower,
cannabis product, hemp edible, hemp derived edible consumer product, or any other
logo, picture, image or symbol intended to denote or suggest cannabis, hemp, or related
paraphernalia. Additionally, a business logo containing the above depictions shall not
be displayed as part of any exterior signage. No products, interior signage,
advertisements or the like attention getting items shall be placed or displayed that may
be visible from the exterior of the Cannabis Business or Hemp Business. This section
shall apply to any and all signs, including temporary, sandwich boards, etc.
Comment: A sign plan is shown on the building elevation diagram. An 80 square foot
wall sign will be added to the front elevation facing 60th Street, and the existing
monument sign of 30 square feet will be utilized. The signs as proposed are compliant
with the regulations. All signage will need to comply with the requirements, and a sign
permit will be required. This will be a condition of approval.
Lighting. Section 401.18.F of the Zoning Ordinance provides the following requirement:
All lighting shall be shielded and angled in such a way as to prevent light from spilling
outside of the boundaries of the parcel(s) or premises or directly focusing on any
surrounding uses.
5
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.B.7 of the Zoning Ordinance as it
relates to lighting requirements. This will be a condition of approval.
Security. Section 401.18.G of the Zoning Ordinance provides the following requirement:
Any security bars, gates or grills shall be retractable, shall remain open and retracted
when the Cannabis or Hemp business is open to the public or otherwise in operation
and shall not be installed on the exterior of the building.
Comment. The project narrative and the operating plan discuss the security plan for the
business. 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 proposing minor
changes to the site plan and building. The project narrative includes the planned
building and site enhancements:
• Preservation of the existing building envelope with updated exterior colors and
fresh paint to improve curb appeal.
• Installation of new landscaping around the existing monument sign and (2) new
street trees along 60th Street North. The (3) three existing trees along 50th
Street North are to be preserved.
• Enhanced security infrastructure includes cameras, building lighting and
controlled access to the building.
• The existing paving areas and monument sign will remain. Parking will be
restriped according to current ordinance requirement.
The only significant change to the site will be the addition of the trees and landscaping
around the monument sign. The landscape plan shall be subject to review and approval
of the City Arborist. The existing parking lot and access drives will remain, and the lot
will be restriped.
The building will be updated with new paint for the brick and wood siding at the
entrance, and a new shipping and receiving door will be added on the east elevation.
The glass windows into the showroom will be covered with an opaque mylar film. The
changes to the building are consistent with the Design Guidelines.
Access. Currently, the only access to the site is from 60th Street. Most access for
businesses along 60th Street is now from 59th Street. The City will require the Applicant
to construct an access from 59th Street to the driveway along the east side of the
6
building. This will lessen the likelihood of Power Plant Cannabis customers using the
access drive of the adjacent building at 13481 60th Street North. As a condition of
approval, the Applicant shall provide plans for construction of an access from 59th Street
to the east driveway, subject to approval of the City Engineer, and install the driveway
prior to opening of the business/issuance of certificate of occupancy.
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:
4,220 square feet x .9 = 3,798 square feet / 400 = 9 Stalls
The proposed retail portion of the building requires nine stalls. The site currently has 11
parking spaces. In that no changes are to be made to the parking lot other than repair
and restriping, no process is required. The Applicant has provided preliminary plans to
increase the parking at the rear of the structure when that space is leased. Site Plan
review would be required at that time.
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. No review by the City
Engineer is required.
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
Subject to the preceding review, City staff recommends the Planning Commission
consider the Conditional Use Permit application for a cannabis retail dispensary at
13435 60th Street North, subject to the following conditions:
1. The application for Power Plant Cannabis Shop II, LLC is the fifth submitted and
accepted by the City for Conditional Use Permit review. Section 1413.08 of the
City Code limits the number of cannabis retailer businesses to four. The
Conditional Use Permit for the Power Plant Cannabis Shop II, LLC cannabis
retail dispensary at 13435 60th Street North is conditional upon and will be valid
only if there are less than four approved and licensed cannabis retail facilities in
the City. In other words, one of the first four pre-existing cannabis retailer CUPs
must be either denied by the City or abandoned before a registration will be
allowed for Power Plant Cannabis Shop II, LLC. If all four existing CUP
applications with priority ahead of Power Plant Cannabis Shop II, LLC become
fully registered, licensed and operational cannabis retailers, then this CUP shall
7
be automatically revoked on an administrative basis without further action of the
City Council.
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.
5. The Applicant shall be required to provide plans from a licensed engineer and
construct an ingress/egress driveway from 59th Street to the east driveway
adjacent to the building, subject to approval of the City Engineer, and install the
driveway prior to opening of the business/issuance of certificate of occupancy.
6. The landscape plan shall be subject to the review and approval of the City
Arborist.
7. The business shall be ventilated so that odors cannot be detected by a person
with a normal sense of smell at the exterior of the facility or at any adjoining use
or property; the business shall not produce noxious or dangerous gases or odors
or otherwise create a danger to any person or entity in or near the facilities as
specified in 401.18.C of the Zoning Ordinance.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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
8
implement traffic, parking or delivery control measures as determined by the
City.
14. Any mechanical equipment that is ground mounted or visible from adjacent
streets shall be screened as required by the Zoning Ordinance.
15. All trash and recycling shall be stored indoors or in an approved exterior
screened area compliant with the Zoning Ordinance.
16. Any other conditions of City Staff, the Planning Commission and the City Council.
C: Julie Hultman
DesignTeam Plus, Inc. 975 E. Maple Road, Suite #210, Birmingham, Michigan 48009
248.559.1000 www.designteamplus.com info@designteamplus.com
1
Power Plant Cannabis II, LLC., a Minnesota limited liability company
Lauren Weiss as majority partner & Omar Salah as minority partner & lease permit
Conditional Use Permit for Cannabis Retail Dispensary
13435 60th Street North
Oak Park Heights, MN 55082
Project Narrative:
Power Plant Cannabis II, LLC., respectfully requests the approval of a Conditional Use Permit to
establish an Adult Use Cannabis Microbusiness at 13435 60th Street North, Oak Park Heights,
Minnesota. The proposed development involves the adaptive reuse of a vacant furniture
showroom and warehouse located in the B-4 General Business District, which permits cannabis
retail operations with the Conditional Use Permit.
The strategic revitalization will activate +/-4,220 square feet of the existing structure for
cannabis retail use, while reserving over 19,000 square feet for future lease opportunities,
supporting long-term economic growth and diversification.
Planned Building and Site Enhancements
•Preservation of the existing building envelope with updated exterior colors and fresh
paint to improve curb appeal.
•Installation of new landscaping around the existing monument sign and (2) new street
trees along 60th Street North. The (3) existing trees along 50th Street North are to be
preserved.
•Enhanced security infrastructure includes cameras, building lighting and controlled
access to the building.
•The existing paving areas and monument sign will remain. Parking will be restriped
according to current ordinance requirement.
Hours of Operation
The dispensary will operate Monday through Sunday from 10:00am to 9:00pm.
Noise and Odor Mitigation
All operations will occur indoors. The facility will utilize MERV-13 HEPA and activated carbon
filtration systems, maintain negative air pressure, ensure all exhaust air passes through odor-
control filters. Daily odor checks will be conducted, and mitigation actions documented. A
generator will be located onsite to power the filtration system during an outage.
Staffing and Employment
The dispensary anticipated employing between thirty (30) to fifty (50) individuals, prioritizing
local hires from Oak Park Heights and the surrounding areas. Roles will include retail
associates, inventory managers, and security personnel. All employees will undergo OCM-
approved training and background checks.
EXHIBIT 1
DesignTeam Plus, Inc. 975 E. Maple Road, Suite #210, Birmingham, Michigan 48009
248.559.1000 www.designteamplus.com info@designteamplus.com
2
Customer Transactions and Cash Management
•All patrons must present a valid identification verifying their age of twenty-one or over
(21+), before entering the sales floor.
•Transactions will be logged in the METRC seed-to-sale system.
•Cash will be managed via a Brinks CompuSafe Series 4 smart save with daily deposits
and armored car pickups.
•Digital payment options will be offered where permitted.
Security Plan
•Continuous twenty-four-seven (24/7) video surveillance of all interior and exterior areas
where cannabis, currency, patrons or employees are present.
•Panic buttons at point-of-sale stations.
•Motion detection and intrusion alarms connected to central monitoring.
•All doors are to be equipped with commercial-grade locks and remote access control.
•Opaque mylar film applied to storefront glazing into the sales floor.
•Security personnel on-site during operating hours
Operations and Compliance
•All cannabis products sourced from OCM-licensed suppliers.
•Inventory tracked via METRC system with daily, weekly, and monthly reconciliations.
•Secure vault storage in compliance with UL TL-30 standards.
•Display products limited to compliant samples; all products are to be secured nightly.
•No on-site consumption of any cannabis or tobacco products permitted.
Community Engagement
•Annual community meetings to discuss operations and gather feedback.
•Dedicated community liaison and hotline to promptly address residents’ concerns or
questions.
•Commitment to responsible retail practices and neighborhood integration.
This proposal represents a responsible, community-focused investment in Oak Park Heights,
bringing renewed retail energy, economic opportunity, and thoughtful design to an underutilized
site.
DesignTeam Plus, Inc. 975 E. Maple Road, Suite #210, Birmingham, Michigan 48009
248.559.1000 www.designteamplus.com info@designteamplus.com
3
Oak Park Heights Conditional Use Permit Findings Analysis (City Code Section
401.03.C):
The following findings and analysis regarding Conditional Use Permit information requirements
provided for Planning Commission and City Council Consideration.
A.Site Development Plan
Applicant Response: This proposal reuses an existing building within the B-4
General Business District. No new structures are proposed; all improvements are
interior or cosmetic exterior upgrades.
1.Location of all buildings on lots including both existing and proposed
structures.
a.Refer to Architectural Site Plan, sheet A-200. No new structures are
proposed, the existing building envelope is to be reused.
2.Location of all adjacent buildings located within three hundred fifty (350) feet
of the exterior boundaries of the property in question.
a.Refer to Architectural Site Plan, sheet A-200. Adjacent commercial
structures are shown on the plan.
3.Location and number of existing and proposed parking spaces.
a.Refer to Architectural Site Plan, sheet A-200. Existing parking lot
remains; restriping is proposed for a total of eleven (11) spaces,
including one (1) ADA-compliant space.
4.Vehicular circulation
a.Refer to Architectural Site Plan, sheet A-200. Existing vehicular
circulation remains largely unchanged.
5.Architectural elevations (type and materials used in all external surface).
a.Refer to Exterior Elevations, sheet A-300. Existing metal siding and
brick will be painted. Standing seam metal roof retained along with
storefront glazing which will be treated with an opaque mylar film.
6.Location and type of all proposed lighting.
a.Refer to lighting notes on sheet A-200. New wall-mounted LED
fixtures will provide energy-efficient illumination, shielded and
downcast per ordinance.
7.Curb cuts, driveways, number of parking spaces.
a.Refer to Architectural Site Plan, sheet A-200. Existing curb cuts and
driveways remain; no changes are proposed.
8.Site Plan details such as trash receptacles.
a.Refer to Architectural Site Plan, sheet A-200. Existing site features
remain. No changes are proposed.
DesignTeam Plus, Inc. 975 E. Maple Road, Suite #210, Birmingham, Michigan 48009
248.559.1000 www.designteamplus.com info@designteamplus.com
4
B.Dimensioned Plan
Applicant Response: All work occurs within the existing building envelope. No
exterior expansion is proposed.
1.Lot dimensions and area.
a.Refer to Architectural Site Plan, sheet A-200. Lot dimensions remain
unchanged. Site area remains 1.1 Acres in accordance with Oak Park
Heights Tax Assessor.
2.Dimensions of proposed and existing structures.
a.Existing building footprint is retained.
3.Location and number of existing and proposed parking spaces
a.Refer to Architectural Site Plan, sheet A-200. Eleven (11) spaces are
proposed based on restriping.
4.Setbacks of all buildings located on property in question.
a.Existing building unchanged with no exterior expansion. All existing
setbacks to remain.
5.Proposed setbacks.
a.No changes. Existing setbacks maintained.
6.Sanitary sewer and water plans with estimated use per day.
C.Existing connections remain; estimated daily flows are expected to be consistent with
commercial use.
D.Grading Plan
Applicant Response: No exterior grading changes are proposed. All
improvements are interior.
E.Landscape Plan
Applicant Response: Refer to Architectural Site & Landscape Plan, sheet A-200.
Two (2) new street trees and ornamental shrubs are proposed. Three (3) existing
trees preserved.
DesignTeam Plus, Inc. 975 E. Maple Road, Suite #210, Birmingham, Michigan 48009
248.559.1000 www.designteamplus.com info@designteamplus.com
5
Oak Park Heights Cannabis Business and Hemp Business Operations Findings Analysis
(City Code Section 401.18):
A.Minimum buffer requirements.
a.Location meets buffer requirements: outside 1,000 feet of schools and 500 feet of
daycares, public parks and residential treatment facilities. A buffer map has been
attached to this letter.
B.Noise.
a.Noice is limited to typical retail activities. No outdoor operations to occur.
C.Odor.
a.HEPA and activated carbon filtration systems are proposed. Negative air
pressure shall be maintained; exhaust air filtered prior to discharge to mitigate
any unwanted odors.
D.Hours of operation.
a.10:00am to 9:00pm daily, in accordance with Minnesota Statute 342.27, subd.7.
E.Signs.
a.Existing monument sign shall be reused. New wall signage shall be compliant
with City ordinance and applied for separately.
F. Lighting.
a.Wall-mounted LED fixtures, shielded and downcast per ordinance with motion
sensors for security.
G.Security.
a.24/7 video surveillance is proposed with biometric access control; panic buttons;
intrusion alarms; security personnel on-site during all hours of operation
H.Outdoor use.
a.All operations shall occur indoors. No outdoor consumption or storage.
EXHIBIT 02
Po
w
e
r
P
l
a
n
t
C
a
n
n
a
b
i
s
S
h
o
p
I
I
,
L
L
C
.
Su
b
j
e
c
t
p
r
o
p
e
r
t
y
m
e
e
t
s
a
l
l
b
u
f
f
e
r
r
e
q
u
i
r
e
m
e
n
t
s
Le
g
e
n
d
10
0
0
F
o
o
t
R
a
d
i
u
s
Po
w
e
r
P
l
a
n
t
C
a
n
n
a
b
i
s
S
h
o
p
I
I
P
a
r
k
s
Sc
h
o
o
l
s
10
0
0
f
t
N➤➤N
EXHIBIT 3
EXHIBIT 4
EXHIBIT 5
EXHIBIT 6
EXHIBIT 7
EXHIBIT 8
Operating Procedures
Applicant Power Plant Cannabis Shop II LLC submits the following operating procedures and
protocols addressing its business plan to operate a cannabis retail dispensary. The plan expressed
below goes beyond the minimum standard and includes its sales strategy, sales and patron
management, inventory controls, record keeping policies, METRC interaction procedures and
product storage mandates and testing protocols.
SALES STRATEGY
SALES AND DISTRIBUTION
The company’s sales and distribution policies, detailed below, describe how to ensure that no
unlawful sales transactions are permitted or tolerated by the retail facility. Protocols have been
established to ensure the retail facility will not display excessive amounts of each product offered
for sale and that products are displayed in accordance with best practice and local and state
guidelines. Required identification verification measures are addressed in company policies and
procedures, and prohibited transactions are comprehensively described. Additional measures
address delivery sales, preparation of taxes, and sales accounting. The Retail Center Manager is
assigned oversight responsibilities for ensuring the accuracy and maintenance of all sales records.
DAILY DISTRIBUTION PROCESSES
At the start of each business day, employees will arrive at the facility and check in with the
supervisor on duty. Each employee will clock in for his/her scheduled shift and proceed with
normal business operations. Employees will be assigned open and closing responsibilities, as well
as specific tasks and other business-critical processes, to be completed during each shift.
OPENING RESPONSIBILITIES
The daily responsibilities for preparing the facility to open each day will consist of the following:
Balancing and assigning cash drawers to each point-of-sale system terminal.
Inventory management.
o Recording beginning daily inventory on log sheets and in BiotrackTHC.
o Manager verification that inventory is correct.
o Assessment of inventory levels relative to forecasted sales.
Ensuring there are sufficient amounts of Products available for sale during the shift and
the next day.
CLOSING RESPONSIBILITIES
The daily responsibilities for closing the facility and securing products for safe storage through
the night will consist of the following:
Closing and balancing the point-of-sale system.
Balancing and reconciling cash.
Managing inventory:
o Recording ending daily inventory on log sheets and in the BioTrackTHC.
o Manager verification that inventory quantities are correct.
Reconciling inventory—if there is a discrepancy, management will determine how to
proceed and report.1
EXHIBIT 9
Securing the facility for nightly closure.
Preparation for next business day, including product availability relative to patron
demand.
SALES AND PATRON MANAGEMENT
The Retail Center Manager is responsible for all sale transactions in the retail center. The Retail
Center Manager must ensure all employees working in the retail facility are properly trained on all
operating procedures. The retail center will not be open or in operation unless the Retail Center
Manager, security officer, and one employee are on the premises and directly supervising the
activity within the facility. At all other times, the retail facility will be closed and properly secured.
PATRON CHECKIN
All new patrons will complete a new patron intake process and be offered educational information
on cannabis products. All verified patrons will be documented in BioTrackTHC to ensure
compliance with patron management, inventory, and tracking policies.
PATRON IDENTIFICATION CARDS
No employee will complete a sales transaction for a patron if his/her information is not current
and verified.
IDENTIFICATION REQUIRED
Immediately upon entry to the premises, all patrons and legal caregivers must present to the Patron
Associate valid proof of identification, such a driver’s license. Acceptable IDs are limited to:
A driver’s license;
A government-issued identification card;
A military identification card; or
A passport.
PROHIBITED TRANSACTIONS
The company employees may not:
Open or operate the retail center without the appropriate staff on site. The Retail
center Manager will be on the premises and directly supervising activity within the
facility. At all other times, the retail center will be closed and properly secured.
Permit any other third party to sell any items on site.
Allow approved cannabis products to be vaporized or consumed on the premises of a retail
center.
Dispense approved cannabis products to anyone other than a verified patron.
Open cannabis products packaging.
Allow anyone in the secured dispensing area who is not expressly authorized to be in the
dispensing area.
2
NO UNLAWFUL TRANSACTIONS
In accordance with state laws and regulations, the company will ensure that no unlawful sales
transactions are permitted or tolerated. No sales or distribution of cannabis products to non-
verified patrons may ever occur.
NO SUSPECTED DIVERSION ALLOWED
Employees must refuse to sell cannabis products to a patron they suspect may be diverting such
products and notify the Security Director immediately.
REFUSAL OF SALE
Any employee may refuse to dispense products to a patron or his/her authorized caregiver if, in
the opinion of the employee, the patron or the public would be placed at risk.
COMPLETING THE SALE
After verifying the patron’s information, the employee will check BioTrackTHC and the METRC
system to determine the quantity of cannabis products the patron is allowed to purchase.
PRICING
The company will provide its cannabis products at the lowest possible cost to patrons while
observing its fiduciary responsibilities. Prices will be easily available and transparent to patrons
and will not change without reasonable notice. The company will maintain a detailed accounting
of all costs that were included to arrive at its proposed price, including but not limited to its fixed
and variable costs such as materials and services; direct labor; and indirect costs. Furthermore,
those patrons which are considered to be below the poverty line will be afforded additional
discounts so that they may continue to safely access their medicine.
3
INVENTORY CONTROL
BioTrackTHC, the inventory management software to be utilized in the retail facility, enables us
to collect, store, and retrieve all data and activity. Additionally, it also will monitor inventory levels
in real-time. All inventory records, patron records, recall reports, sales/transaction records, product
disposal records, and all scanned documents can be accessed at any time (real time), either in-
system or through the report creation tool. Though system actions can be adjusted or voided, at no
time is any data ever fully deleted as BioTrackTHC maintains a log of every action, including
adjustments and voids, so that the entire history of the system may be reconstructed. The
availability and reportability of the system data enables the said entity to produce any information
necessary for an inspection.
The Chief Operating Officer is assigned responsibility for the oversight of all inventory
management activities and for implementing and enforcing the store’s policies and procedures. All
managers will work collaboratively to ensure that inventory is tracked from seed to sale, counted
and recorded at required intervals, and that any discrepancies are reported to the appropriate
authorities.
The company’s BioTrackTHC inventory management and point of sale systems will be accurate
and capable of producing, upon request, reports on all cannabis and products in production,
finished and stored. Cycle counts are required and will be recorded in the inventory log. Required
shift, daily, weekly, monthly, semi-annual, and annual inventory counts in the retail center will be
executed. All inventory policies and procedures relevant to the acquisition, receipt and distribution
of cannabis are comprehensively addressed.
Discrepancies identified during inventory counts that are not due to documented causes will be
reported to the Chief Operating Officer and the causes will be investigated. Any suspected cases
of diversion, theft, loss, and any criminal action involving the company or an employee will be
reported to the Chief Operating Officer. The Chief Operating Officer will also report any verifiable
incident of theft or loss of cannabis to the Minnesota OCM, the State Police and local law
enforcement within 24 hours of incident.
Pursuant to OCM Rules, all transactions including, but not limited to, current inventory must be
entered into the statewide monitoring system. These records will be maintained and made available
to the OCM upon request.
RESPONSIBILITY FOR INVENTORY CONTROL
The Chief Operating Officer is responsible for oversight of all inventory management and
control.
4
The Chief Operating Officer shall designate in writing an employee who has oversight of
the inventory control system for each licensed company facility under the Inventory
Manager’s supervision.
Unless otherwise designated by the Chief Operating Officer, each unit manager is
responsible for the accurate recording of all inventory transactions in their unit.
INVENTORY LIMITS
The Chief Operating Officer must ensure the cumulative inventory cannabis products are
maintained in accordance with regulations.
Beginning inventories for each unit shall be established based on demand projected in the
business plan of company.
Inventory limits shall be adjusted by the Chief Operating Officer in coordination with the unit
managers to anticipate future inventory needs.
REAL-TIME INVENTORY REQUIRED
The Inventory Manager, in coordination with the unit managers, is responsible for the accurate
real time reporting of cannabis inventory.
The system utilized reports daily beginning and ending inventory including:
Cannabis flower ready for dispensing;
Cannabis Derivative Products (i.e. processed cannabis products such as edibles,
vapes and concentrates) for dispensing;
All damaged, defective, expired or contaminated cannabis and Derivative
Products awaiting disposal;
Acquisitions;
Sales;
Disbursements; and
Disposals of unusable, returned, or recalled cannabis.
INVENTORY CONTROLS AND PROCEDURES
□ The Chief Operating Officer in coordination with the Inventory Manager and unit
managers shall regularly conduct inventory reviews and comprehensive inventories of all
cannabis and cannabis products in production, finished and stored.
□ The Quality Assurance Officer will recommend and help implement quality control
measures for receiving.
□ A seed-to-sale methodology must be utilized by the company at all times.
□ The Chief Operating Officer shall make all necessary changes to procedures and re-train
personnel immediately upon discovering a problem with inventory management
procedures.
□ Each unit manager shall maintain an inventory log to record:
The date of an inventory process;
A Summary of the inventory findings; and
The names, signatures and titles of the individuals who conducted the inventory.
5
INVENTORY RECORDKEEPING
The Inventory Manager must oversee the documentation of all inventory procedures in
coordination with the unit managers to be reviewed by the Chief Operating Officer.
The company will utilize a cloud-based document management system and server-based
inventory control system, BioTrackTHC.
All inventory documentation required must be retained for at least two years.
Records will be made available to the OCM upon request as required.
RECEIVING CANNABIS AND CANNABIS DERIVATIVE PRODUCTS
Immediately upon arrival to the facility, two employees, designated by the retail center
manager as able to receive inventory, must re-weigh, re-inventory and account for on video
and in the inventory system all cannabis and cannabis derivative products.
Containers should be physically examined for evidence of tampering.
Any products that show evidence of tampering or that are not accompanied by the appropriate
documentation must be rejected and may not be received into inventory.
The unit manager must be notified immediately of any shipment refused or that needs to be
returned.
Each employee must confirm by signature the accuracy of the delivery invoice, identification
numbers, number of containers, the total inventory count received and the accuracy of the entry
of the inventory into the BioTrackTHC inventory management system or point of sales system.
All cannabis products must be accompanied, at a minimum, by the name and license number of
the cultivation facility, the lot number, net weight, associated laboratory test results, and a list
of all pesticides applied to the product.
DISCREPANCIES
Any discrepancy must be reported to the unit manager immediately to be investigated and
resolved with the originator of the shipment.
Unresolved discrepancies must be reported to the Inventory Manager as required by the
company’s recordkeeping policies and procedures.
RECEIVING PRODUCT INTO THE POINT-OF-SALE SYSTEM
Receipt of cannabis and Derivative Products will be recorded in the inventory control system.
The following information will be recorded:
A description of the cannabis flower and Derivative Products acquired,
including the amount, strain and batch number and all testing data provided;
The name and identification number of the license of the facility shipping the
cannabis flower and Derivative Products;
The name and identification card number of the employee delivering the
cannabis flower and Derivative Products;
6
The name and identification card number of the employee receiving the
cannabis flower and Derivative Products on behalf of the unit; and
The date of acquisition.
Any other information required by the OCM’s Rules.
When receiving ingestible Derivative Products, the following information will also be
recorded:
A description of the ingestible Derivative Products received including all
testing data provided;
The total estimated cannabinoid content and batch number of cannabis
materials used in the edible Derivative Products;
The name and identification number of the license of the facility shipping the
Derivative Products;
The name and identification card number of the employee delivering the
Derivative Products;
The name and identification card number of the employee receiving the
Derivative Products on behalf of the unit; and the date of acquisition.
Any other information required by the OCM’s Rules.
INVENTORY COUNTS
Cycle Counts Required
The Retail center Manager shall direct the Inventory manager to perform inventory counts on a
regular basis utilizing a cycle count method.
A cycle count requires the inventory manager perform a complete count of the inventory over
a period of time counting inventory groups (i.e. packaged flower, bulk flower, edibles, vapes,
topicals, concentrates, etc.) individually.
The Inventory manager shall ensure that cycle counts are completed on schedule with minimal
possible impact on regular operations.
The same employees shall be assigned to recurring inventory groups whenever possible.
However, employees should not consistently be responsible for one inventory area.
The Inventory manager must review any discrepancies and approve all inventory management
system adjustments.
Discrepancies identified during inventory, diversion, theft, loss and any criminal action
involving company or an employee must be reported to the Chief Operating Officer, Law
enforcement and the OCM in accordance with the company’s recordkeeping policies.
All counts must be recorded in an inventory log and entered into the inventory management
system or point of sale system immediately if counted on paper or by recording device.
Required Counts in the Retail Center
Shift counts - cannabis flower, derivative products in sales area, as well as cash drawer count
and detailed report on credit cards and cashless ATMs, if applicable
7
Daily counts – cannabis flower and derivative products in sales area
Weekly counts – bulk cannabis flower and derivative products in storage
Monthly counts – complete inventory
Semi-annual counts – complete inventory and with second count
Annual counts - complete inventory and with second count witnessed by the Inventory
Manager
REPORTING
Inventory Discrepancies
If the Inventory manager identifies a reduction in the amount of cannabis in the inventory of
the retail center not due to documented causes, it will be reported to the Retail center manager
and Chief Operating Officer.
The Inventory Manager, in coordination with the Retail center manager, shall determine where
the loss has occurred and take and document corrective action.
If the reduction in the amount of cannabis in the inventory is due to suspected criminal activity
by an employee, the Chief Operating Officer shall report the employee to the OCM as well as
to the appropriate law enforcement agencies as required by OCM rules.
Theft and Loss
If any loss or theft is verified, it will be documented by the Chief Operating Officer and
reported to the local enforcement agency and the OCM as necessary.
Documentation of the theft or loss will be maintained for at least two years and provided to
law enforcement or the OCM upon request.
RECORDKEEPING
The company’s recordkeeping policies and procedures ensure the maintenance of true, complete,
and current records that will be available for inspection by the OCM upon request. The retail center
Manager is responsible for recordkeeping at the retail center level.
Provisions are established to ensure confidentiality and prevent the disclosure of information about
verified patrons, designated legal representatives, and employees. All patron records will be
handled with the utmost confidentiality in a manner similar to protected records. Measures for
addressing and reporting any loss or unauthorized alteration of records related to Marihuana
Products are detailed in the recordkeeping policies and procedures.
SALES RECORDS
The retail center Manager is responsible for true and accurate records entered and maintained in the
BioTrackTHC system. All sales records must record the price of all products sold and comply with
all recordkeeping policies and procedures, as well as the OCM’s regulations.
The company will allow OCM’s authorized representative to examine records that formed the basis
for pricing, including books, records, documents, and other types of factual information that inform
an adequate evaluation of the cost of goods sold.
Sales records will indicate the name of the verified patron or designated legal representative to
whom Marihuana Product(s) has been dispensed. A record of all approved Marihuana Products
that have been dispensed must be filed electronically with the OCM’s registry, utilizing a
transmission format acceptable to the OCM, immediately after the Marihuana Product was
8
dispensed to the verified patron or designated legal representative.
REPORTING OF RECORDS INCIDENTS
Any loss or unauthorized alteration of records at the retail center related to Marihuana Products,
verified patrons, designated legal representatives, or employees will be reported to the Security
Director immediately. The Security Director will report any such incident to the Patron Care
Director, OCM, and law enforcement as necessary.
POINT OF SALE SYSTEM
All inventory and sales will be tracked and reported directly into the BioTrackTHC traceability
software platform. This will enable the company to maintain sufficient control over sales and to
prevent unlawful sales or sales over established purchase limits.
RECEIPTS
The employee conducting the sale will provide to the verified patron or designated legal
representative a receipt, which will state: the name, address, and registry identification number for
the company; the name and registry identification number of the verified patron and the designated
legal representative (if any); the date and time of the sale; any recommendation or limitation by
the practitioner as to the form or forms of cannabis or dosage for the verified patron; and the forms
and the quantities of Marihuana Product dispensed. The company will retain a copy of the registry
identification card and the receipt for five years.
9
TAXES AND SALES ACCOUNTING
All sales transactions will be subject to applicable sales tax and excise tax rates. The proper sales
tax rates will be programmed into each point-of-sale system to ensure taxes are being collected. It
is the responsibility of the Retail center Manager to ensure the proper collection of taxes on all
taxable products sold in the dispensing facility for the jurisdiction.
BUSINESS RECORDS
In addition to inventory related information, our system is designed to collect data associated with
business management including assets, liabilities, monetary transactions, and the like.
CUSTOMER RECORDS
In addition to maintaining inventory records, we will also use the internal POS system to maintain
customer records, including hire date, registration card ID number, date of birth, address,
fingerprints, resume, and photographs as well as information regarding training and completion of
required human resources documents.
SECURITY RECORDS
Video recordings will be maintained onsite for a minimum of two years. The recordings will be
maintained within a locked cabinet in a designated limited access area (e.g., the security room, the
Retail center Manager’s office).
RETENTION
As described above, all required records will be retained and stored for a minimum of two (2)
years from the date of the document on secure servers and/or in locked cabinets with access limited
to the appropriate personnel.
We will make available all books and records to OCM or its authorized representatives for
monitoring, on-site inspection, and audit purposes, including but not limited to periodic inspections
and/or evaluations of facilities, methods, procedures, materials, staff and equipment to assess
compliance with requirements set forth in the program rules.
CANNABIS PRODUCT STORAGE
The BioTrackTHC software will be used to document cannabis and Derivative Products in storage.
Product storage requirements established by the company are thoroughly addressed, with measures
included to ensure adequate lighting, ventilation, temperature, humidity, space, and equipment.
Separate areas for storage of cannabis that is outdated, damaged, deteriorated, mislabeled, or
contaminated, or whose containers or packaging have been opened or breached, are also designated
within the secured area.
All cannabis products will be stored in the climate-controlled, digitally monitored vault. The vault
room is engineered in conjunction with leading security services vendors and industry consultants.
The considerable space is necessary to safeguard large amounts of medicine and a refrigerator that
houses cannabis infused products. In addition to being guarded by biometric locks, keypad access
codes, security clearances, and digital inventory logs, the vault is monitored 24 hours a day by
remote access camera monitors.
10
The Chief Operating Officer will be responsible for developing, implementing and maintaining
storage area procedures for the retail center that ensure compliance with required processes
contained herein. The retail center manager is responsible for establishing control areas or systems
to prevent product contamination during the transfer of product to and from the secured storage
area to the sales area.
It is established that all storage areas will be maintained in a clean and orderly condition, free from
infestation by pests of any kind and in accordance with security requirements established by the
company. All safes, vaults, and any other equipment or areas used for the packaging or storage of
cannabis and Derivative Products will be securely locked and protected from entry at all times.
Surveillance camera(s) will be pointed directly at storage areas with an unobstructed field of view.
General Storage Requirements
The Chief Operating Officer, in coordination with the retail center manager and quality control
unit, is responsible for ensuring compliance of all storage areas.
□ All cannabis and cannabis derivative products must be stored in an enclosed and locked
facility where no toxic or flammable materials are kept.
□ Adequate lighting, ventilation, temperature, humidity, space, and equipment must be
provided in all cannabis and cannabis product storage areas with oversight by the quality
control unit.
□ Separate areas for storage of cannabis that is outdated, damaged, deteriorated, mislabeled,
or contaminated, or whose containers or packaging have been opened or breached, until
such products are destroyed must be provided.
□ All storage areas must be maintained in clean and orderly condition.
□ All storage areas must be kept free from infestation by insects, rodents, birds, and pests of
any kind.
□ All storage areas must be maintained in accordance with security policies and procedures.
Secure Product Storage Required
The Retail center Manager in coordination with the Director of Security and the Patron Care
Director shall be responsible for monitoring and restricting access to secure storage of cannabis.
The Retail center manager shall develop, implement, and maintain storage area procedures that
ensure the following processes:
□ All cannabis on display or in the process of preparation, packaging, transport, or analysis
must be housed and stored in such a manner as to prevent diversion, theft, or loss.
□ Any cannabis items must be accessible only to the minimum number of specifically
authorized employees essential for efficient operations.
□ Access to cannabis products must be restricted by the Chief Operating Officer. Only
necessary personnel must receive access rights to areas housing security equipment,
cannabis, cannabis products or cash.
□ All cannabis and cannabis products must be returned to a secure, locked area at the end of
the day (i.e. retail center products on display)
11
□ All cannabis and cannabis products must be stored separately with suitable identification
the labels and other labeling materials for each type of cannabis or cannabis product, and
the different strength, dosage form or quantity of contents.
Product Storage Areas Security
All employees must ensure that safes, vaults, and any other equipment or areas used for the
processing, packaging or storage of cannabis and cannabis products are securely locked and
protected from entry at all times, except for the actual time required to remove or replace cannabis.
Environmental Control Required
The Retail center Manager in coordination with the quality control unit and inventory managers
must ensure that storage areas holding cannabis and cannabis products are maintained to be dry,
well ventilated, and have sufficient insulation or other temperature-control features to avoid
extreme temperature fluctuations. The company shall incorporate a humidifier or dehumidifier if
needed to ensure product quality. Storage areas must utilize and maintain carbon filtration or other
means of odor control as necessary.
RETAIL CENTER STORAGE
Minimum Requirements
The retail center manager will ensure that cannabis and Derivative Products in the retail center unit
are stored in a secure, locked device, display case, cabinet or room within the enclosed, locked
facility. The secure, locked device, display case, cabinet or room will be protected by a lock or
locking mechanism that meets at least the security rating established by Underwriters Laboratories
(UL) for key locks. Specifically, a UL TL-30 rated safe will be the designated piece of equipment
in the vault room. It can resist abuse for 30 minutes from items such as hand tools, picking tools,
mechanical or electrical tools, grinding points, carbide drills, devices that apply pressure, cutting
wheels, and power saws.
Overnight Storage
It is company policy to remove all cannabis and Derivative Products from the sales area after each
business day and store these products in a vault or locked storage room.
Removal from Storage
Cannabis and Derivative Products may only be removed from secure storage by an employee
authorized by the retail center or inventory manager:
□ Only to dispense the cannabis or Derivative Product;
□ Only immediately before the cannabis is dispensed; and
□ Only by a registered employee of company.
Brinks CompuSafe Equipment and Protocol for Cash Management
Also of note, we will contract with a local armor car vendor to develop and employ the cash
management and transport protocol, which has been specifically designed to utilize the added
security features of the “Brink’s CompuSafe Series 4” smart safe, which eliminates deposit
discrepancies, reduces theft and frees staff from the time intensive tasks of counting, recounting
and auditing cash, preparing deposits and transporting cash to and from the bank.. A general
summary of the applicable protocol is as follows:
12
1. Location deposits cash receipts into Smart Safes on a daily basis.
2. Armored truck arrives pursuant to established or specially requested pick-up schedule.
3. Driver stays in truck, Messenger enters location, asks for the Store Manager,
delivers change if applicable and Store Manager signs paperwork.
4. Store Manager escorts Messenger to Smart Safe and Store Manager enters 4-digit
code, selects “Doors > Remove Cash” and safe displays “INSERT KEY”
5. Messenger inserts key and opens door, unlocks inside cassette door, removes full
locked cassettes, inserts empty locked cassettes.
6. Store Messenger locks both doors, keeps keys, and tears receipt in half, one copy for
Messenger, one for Manager. Safe is now zeroed.
7. Messenger leaves in 2 minutes or less.
METHODS FOR ASSESSING AND MITIGATION OF ODOR IMPACTS & NOISE
We understand the importance of ensuring that none of our neighbors are disturbed in any way by
the proposed retail center operations. Each operating day the Retail Center Manager or designee will
evaluate on-site odors and operations for potential release of objectionable odors and excessive or
unwanted noise. If questionable or objectionable on-site odors or noise are detected by management,
the company will implement the following protocols:
Investigate and determine the likely source of the odor or noise.
Access the effectiveness of available on-site management practices to resolve the odor event
or unwanted noise and immediately take steps to reduce the odor-generating capacity of on-
site material or mitigate the source of the noise.
Determine if the odor traveled off-site by surveying the site perimeter and noting odor from
the facility.
Record the event for further operational review.
OPERATING DESIGN FOR MINIMIZATION OF ODORS
The retail center will only stock pre-packaged and sealed Medical Marihuana Product s in the
retail center and will prohibit the opening of medical cannabis packages and administration of
medical cannabis on-site. A MERV 13 HEPA filtration and carbon filter system will be active during
all hours to further minimize and eliminate odor. Odor controls will be in strict compliance with the
following:
1. The building shall be equipped with an activated carbon filtration system for odor
control to ensure that air leaving the building through an exhaust vent first passes
through an activated carbon filter.
2. The filtration system shall consist of one or more fans and activated carbon filters. At
a minimum, the fan(s) shall be sized for cubic feet per minute by width multiplied by
length multiplied by height divided by three. The filter(s) shall be rated for the
applicable CFM.
3. The filtration system shall be maintained in working order and shall be in use. The
filters shall be changed a minimum of once every 365 days.
4. Negative air pressure shall be maintained inside the building. 13
5. Doors and windows shall remain closed, except for the minimum time length needed
to allow people to ingress or egress the building.
NEIGHBORHOOD COMMUNICATION
The following methods will be used to ensure lines of communication with the neighborhood or
business organization(s), owners, and tenants near the proposed facility:
1. An annual community meeting to provide community residents with an opportunity to comment
on our operating practices, policies, and plans:
(a) Community meetings shall be advertised in the Eastpointe local publications between two (2)
and four (4) weeks in advance of the meeting and announced on our company website beginning at
least four (4) weeks in advance of the meeting and through the date of the meeting.
(b) We shall promptly notify the City Administrator of community meetings and supply a copy of
the local newspaper advertisement.
(c) We shall notify all neighboring members and organizations of community meetings two (2) to
three (3) weeks in advance of the meeting.
2. Establishing neighborhood community hotline. We propose to set up a neighborhood hotline
where residents who may have questions or concerns (i.e. noise, trespass enforcement, parking,
vehicular use by patrons, vandalism, etc.) can call and reach our security point of contact within 24
hours, thereby alleviating any potential that these complaints would be directed to city departments
or local law enforcement.
We believe that building and maintaining a positive relationship with Eastpointe must be grounded
in trust and contribution. Trust is built by continued engagement with local and State officials,
community leaders, residents and patients. We pledge to be available and respond to the concerns of
our neighbors and promote the responsible use of medical cannabis. Contribution means
participating in the community not merely as vendors but as members supporting research and
charitable efforts, lending our skills and resources to enhance the common good.
As a team comprised of long-time cannabis operators, we are committed to supporting and serving
our community. We pledge to be responsible corporate citizens, to support our communities and to
follow regulations without deviation to ensure flawless execution of the program. We will abide by
and support the regulators, politicians, communities, and members of law enforcement who have
trusted us as an Oak Park Heights retail center.
3. Community Relations Liaison. We shall provide the City Manager, local law enforcement or
designee with the name, telephone number, and email address of an on-site community relations or
staff person or other representative to whom the City can provide notice if there are operating
problems associated with the medical cannabis facility or refer members of the public who may have
any concerns or complaints regarding the operation of the medical cannabis facility.
14
WATER
TOWER #2
WATER
TOWER #1
WELL #1
WELL #2
3r
d
A
v
e
S
W Orleans St
Liberty Ave
60th St N
60th St N
No
r
t
h
w
e
s
t
e
r
n
A
v
e
Upper 61st St N
58th St N
In
d
u
s
t
r
i
a
l
B
l
v
d
Os
g
o
o
d
A
v
e
N
Croixwood B
l
v
d
Cottage Dr
Curve Crest Blvd
62nd St N
Om
a
h
a
A
v
e
N
Ni
g
h
t
i
n
g
a
l
e
B
l
v
d
M
c
d
o
n
a
l
d
D
r
i
v
e
C
i
r
N
Lo
o
k
o
u
t
T
r
N
Long Lake Dr
Wild Pine La
58th St N
S
G
r
e
e
l
e
y
S
t
62nd St N
Eben
W
a
y
6t
h
S
t
N
8t
h
S
t
N
Still
w
a
t
e
r
B
l
v
d
N
S
a
w
y
e
r
P
l
Upper 54th St NMar
q
u
e
s
s
Tr C
i
r
N
8th
Ave N
King
Plant R
d
Ne
w
b
e
r
r
y
Cir
N
1st Ave N
S
3
r
d
S
t
Pe
r
k
i
n
s
A
v
e
P
a
d
d
o
c
k
Ci
r
Hidd
e
n
Vall
e
y
L
a
S
M
a
i
n
S
t
60
t
h
St
N
W Willard St
Se
t
t
l
e
r
s
A
v
e
56th St N
H
i
d
d
e
n
V
a
l
l
e
y
L
a
3
r
d
S
t
N
No
r
t
h
l
a
n
d
A
v
e
Upper 56th St N
59th St N
Re
u
n
i
o
n
R
d
Hidden
Valley La
55th St N
W Lake St
Kn
o
l
l
w
o
o
d
Ct
McDonald
Drive
Cir N
U
p
p
e
r
5
6
t
h
S
t
r
e
e
t
C
t
N
Nola
n
Cir
N
B
e
n
s
o
n
B
l
v
d
E
Pe
n
f
i
e
l
d
A
v
e
N
O
s
m
a
n
A
v
e
N
Om
a
r
A
v
e
N
3
r
d
S
t
N
56th St N
Mcd
o
n
a
l
d
Dri
v
e
Cir
N
57th St N
Ar
g
u
s
S
q
Upper
56th
St N
Still
w
a
t
e
r
B
l
v
d
N
Oakgreen
Pl
Staloch Pl
Ore
n
Ave
N
Countrysi
d
e
Ct
Staples Pl
Northla
n
d
Ct
Saw
y
e
r
P
l
61st St N
Nolan P
k
w
y
W
R
i
d
g
e
C
i
r
56th St N
3
r
d
S
t
N
Ma
r
q
u
e
s
s
T
r
N
58th St N
E
R
i
d
g
e
Ci
r
Trotters Ct
59th St N
E Hudson St
N
e
w
m
a
n
T
r
S
H
a
r
r
i
e
t
S
t
Or
e
n
A
v
e
N
Mo
r
n
i
n
g
s
i
d
e
R
d
Oa
k
r
i
d
g
e
C
t
Croi
x
w
o
o
d
P
l
Brewers La
McDonald
Drive
Cir N
No
r
w
i
c
h
A
v
e
N
Nol
a
n
Ave
N
No
r
w
i
c
h
Av
e
N
S
2
n
d
S
t
Hi
l
l
s
i
d
e
L
a
Green
Meadow Ct
Bay
C
i
r
S
1
s
t
S
t
W Hancock St
57th St N
W Orleans St
S
M
a
i
n
S
t
St
a
l
o
c
h
P
l
54th St N
Os
m
a
n
Av
e
N
Eben
Grn
56
t
h
St
r
e
e
t
Ci
r
N
Barrons Way
Oz
a
r
k
A
v
e
N
N 64th St
B
a
r
o
n
s
W
a
y
Gadient Way
58th St N
Kins
h
i
p
Grn Her
i
t
a
g
e
C
t
Highland Ct
Os
m
a
n
A
v
e
N
Ad
e
l
i
n
e
Grn
Central Ave
De
l
a
n
o
C
t
W Marsh St
E Orleans St
Hom
e
s
t
e
a
d
Grn
63rd St N
Tu
e
n
g
e
D
r
Ol
d
f
i
e
l
d
A
v
e
N
Pe
a
c
a
n
A
v
e
N
E Marsh St
E Burlington St
E Saint Louis St
M
c
d
o
u
g
a
l
G
r
n
Ne
w
g
a
t
e
Av
e
N
65th St NW Orleans St
57th St N
W Hancock St
E Churchill St
Pa
n
a
m
a
A
v
e
N
Pa
r
i
s
A
v
e
N
7th Ave N
O
B
r
i
e
n
A
v
e
N
53
r
d
S
t
r
e
e
t
P
l
N
W Churchill St
Ox
b
o
r
o
A
v
e
N
Sunrise
C
t
S
M
a
r
t
h
a
S
t
No
v
a
k
A
v
e
N
B
e
r
g
m
a
n
n
D
r
Delano D
r
Hi
g
h
l
a
n
d
R
d
E Hancock St
5t
h
A
v
e
S
S
H
o
l
c
o
m
b
e
S
t
E Willard St
Ti
m
b
e
r
W
a
y
Po
n
d
Vi
e
w
L
a
W Anderson St
O
m
a
h
a
A
v
e
N
Pe
n
r
o
s
e
A
v
e
N
Oz
a
r
k
A
v
e
N
W Locust St
Skyview Ct
Pa
n
a
m
a
A
v
e
N
2nd Ave N
S
E
v
e
r
e
t
t
S
t
6th Ave N
W Willard St
3rd Ave N
Su
n
r
i
s
e
A
v
e
7t
h
S
t
N
W Abbott St
Pinec
r
o
f
t
A
v
e
N
Ilo
W
a
y
Pa
u
l
A
v
e
N
5th Ave N
Pe
l
l
e
r
A
v
e
N
S
H
a
r
r
i
e
t
S
t
7t
h
S
t
N
2
n
d
S
t
N
6t
h
A
v
e
S
Or
e
n
A
v
e
N
Surry La
Pa
u
l
A
v
e
N
5t
h
S
t
N
M
i
n
n
e
s
o
t
a
S
t
N
4t
h
S
t
N
6t
h
S
t
N
M
a
i
n
e
S
t
N
3rd Ave N
Pinehurst S
t
6th Ave N
5t
h
S
t
N
W
L
i
n
s
o
n
C
i
r
L
i
b
e
r
t
y
C
t
No
r
w
i
c
h
A
v
e
N
Or
l
e
a
n
s
C
t
Lil
a
c
L
a
N
Eve
r
g
r
e
e
n
C
t
Os
g
o
o
d
A
v
e
N
55th S
t
N
Marin
e
C
i
r
Od
e
l
l
Av
e
N
Oa
k
g
r
e
e
n
P
l
Mar
q
u
e
s
s
Tr C
i
r
N
Sad
d
l
e
C
t
Everett Dr
N
e
w
m
a
n
T
r
Harriet D
r
Oldfield Ct N
Hi
d
d
e
n
V
a
l
l
e
y
C
t
Nor
m
a
n
d
a
l
e
A
v
e
N
Shelton Dr
Victoria Ct
Northbr
o
o
k
C
t
N
Linden Tr N
Mem
o
r
i
a
l
A
v
e
N
A
u
t
u
m
n
W
a
y
N
e
w
g
a
t
e
C
i
r
N
49th St N
L
y
d
i
a
C
i
r
4t
h
A
v
e
S
Lak
e
C
i
r
Leg
e
n
d
B
l
v
d
Nightingale Ct
G
i
l
b
e
r
t
C
t
N
o
r
w
i
c
h
P
k
w
y
N
Ne
w
e
l
l
C
i
r
N
No
r
m
a
n
d
y
C
t
N
No
r
w
i
c
h
Pk
w
y
N
No
r
w
i
c
h
Ci
r
N
Rainbow Ct
E Dubuque St
N
o
r
m
a
n
d
a
l
e
C
t
N
50th St
La
k
e
D
r
S
7
t
h
S
t
S
6
t
h
S
t
S
4
t
h
S
t
S
5
t
h
S
t
Ma
r
q
u
e
s
s
Tr
C
t
N
J
u
d
d
T
r
Hi
l
l
c
r
e
s
t
D
r
Pa
r
k
w
o
o
d
L
a
64th St N
Tower Dr W
56th St N
63rd St N
Upper 63rd St N
56th St N
P
o
i
n
t
R
d
Ol
i
n
d
a
A
v
e
N
Ol
e
n
e
A
v
e
N
4th Ave N
Ne
w
b
e
r
r
y
Av
e
N
Oj
i
b
w
a
y
A
v
e
N
Ma
n
n
i
n
g
A
v
e
N
Dela
n
o
W
a
y
S G
r
e
e
l
e
y
R
d
Ox
b
o
r
o
A
v
e
N
M
u
i
r
A
v
e
N
Ma
r
k
e
t
D
r
2
53rd St N
49th St N
56th St N
Oa
k
g
r
e
e
n
A
v
e
N
7
t
h
S
t
S
Pe
a
b
o
d
y
A
v
e
N
Wa
s
h
i
n
g
t
o
n
A
v
e
Woodridg
e
L
a
Was
h
i
n
g
t
o
n
A
v
e
5
1
s
t
S
t
r
e
e
t
C
t
N
Pine
c
r
o
f
t
C
t
N
Nolan Ln
Wildcrest
L
a
59th St N
Pa
r
k
w
o
o
d
L
a
Icerose
L
a
Eben Ct
Mcdonald Dr N
Marquess
La Cv N
N
o
v
a
k
A
v
e
48th St N
57th St N
Monarda Ave N
55th St N
Mark
e
t
D
r
Dr
i
v
i
n
g
Pa
r
k
R
d
56th St N
9t
h
S
t
N
M
c
D
o
n
a
l
d
D
r
Curve Crest Blvd
Upper 55th St N
51st St N
Baytown La
10th Ave N
M
c
d
o
n
a
l
d
O
v
e
r
l
o
o
k
D
r
N
53rd St N
Kr
u
e
g
e
r
L
n
No
r
e
l
l
A
v
e
Driftwood La
Nore
l
l
A
v
e
Ol
d
f
i
e
l
d
A
v
e
N
47th St N
N Frontage Rd
M
a
r
q
u
e
s
s
L
a
N
Be
n
s
o
n
Blv
d
W
S
a
i
n
t
C
r
o
i
x
T
r
N
47th St
N
Oakgreen Pl N
60th St N
P
i
c
k
e
t
t
A
v
e
N
No
v
a
S
c
o
t
i
a
A
v
e
Pi
n
e
T
r
e
e
T
r
P
o
i
n
t
R
d
No
r
t
h
b
r
o
o
k
B
l
v
d
N
Nea
l
A
v
e
N
Valley View Park Rd
Min
n
e
s
o
t
a
A
v
e
60th St
Oak Park Rd
Nu
t
m
e
g
C
t
Lower 59th St N
Upper 58th St N
No
r
t
h
B
r
o
o
k
B
l
v
d
58t
h
S
t
N
S
a
i
n
t
C
r
o
i
x
T
r
N
H
i
g
h
w
a
y
9
5
Hi
g
h
w
a
y
9
5
Highway 36
Highway 36
Highway 36
Sta
g
e
c
o
a
c
h
T
r
l
/
C
S
A
H
2
1
60th S
t
N
60th St N
60
t
h
S
t
N
61st St Ct N
O
a
k
Co
v
e
N
Oa
k
g
r
e
e
n
C
t
N
Oakgreen Ct N
58th St N
Pe
l
l
e
r
A
v
e
N
5
3
4
7
5251
5255
5330
5312
5302
5295
52
9
1
52
8
5
52
7
9
52
7
5
5269
5265
5261
5
2
6
2
5
2
6
8
52
8
6
5
4
9
5
54
7
5
5430
5
4
3
5
5450
5350
5422
54
4
2
5426
5404
538
1
53
8
5
5
3
9
1
5393
5397
5399
54
3
7
5
4
4
5
5394
5376
5360
5565
55
4
0
5
5
6
0
5
5
8
0
5
4
8
4
5716
5732
5724
57
4
4
57
5
2 5756
57
0
8
57
0
0
5776
548
8
5480
55
8
5
5571
5631
5651
5691
5731
5771
13575
56105590
13
0
2
5
6315
6333-
15506
6411
6401-
14820
5889
5857
6435
6301
6345-
14821 1489114871
15626
5660
5728
5909 Omaha
1471514
6
8
7
14
6
4
3
14
4
9
3
5816-
13
9
9
1
13981
5815
55
2
0
14880
14
8
6
1
1
5
5
9
7
14
7
5
9
5810
5835
5800
5302
5296
5280
14
5
8
9
5900
14843
14845
14847
5850
11035421
5725
14168
1
3
1
2
5
1
3
1
0
5
5660
6381
60
7
1
6111
15330
5329
15021
5997
13625
58
9
1
12969
5469
15
3
6
6
5500
1
4
4
8
0
1
4
4
0
1
1
4
4
2
1
1
4
3
7
3
14
2
4
9
14
2
4
0
5511
14
1
7
4
14
1
5
0
14
1
1
0
14651
14810-14840 14948-14978
14
8
1
2
14
8
1
8
6443
13
9
7
1
6201-6213
St. Croix Trl. N.
6163
6041
15433 5680
5950-
60
6
0
5909
14
4
4
7
14702
14560
14
3
7
5
13
9
9
9
13
4
3
5
562
1
-
5
6
5
9
5805-5831
Neal Ave.
Neal Ave.
5640 5645
1
3
1
2
0
1
3
1
6
0
13
0
2
5
13
0
6
5
1
3
1
6
5
1
3
2
0
5
1
3
2
1
0
1
3
2
1
5
14
2
3
1
14
1
9
1
14
1
5
1
13
9
6
1
13
9
5
1
14
5
5
9
14
5
3
3
14
5
1
9
14
2
7
5
14
2
8
7
14
2
9
3
14
2
7
4
14
2
9
8
14
2
8
8
14
2
8
2
14
2
9
5
14331
14
2
8
1
14
2
4
7
14
2
1
5
14
2
0
1
562
5
1
4
4
6
2
14
2
2
1
14
2
1
1
143085507
5525 14316
14240
5503
5507
5272526514
2
4
5
14
2
0
1
14
0
8
5
14
0
5
5
14
0
3
3
14
0
1
1
5311531214
1
9
6
14
1
7
4
14
1
5
2
14
0
8
8
14
0
7
6
14
0
3
2
14
0
1
0
53235324
53475348
5411541014
0
3
4
542014080 543114093
14
1
6
1
14
2
0
1
14
2
2
1
5435
5441
14
1
1
0
14
1
4
0
14
1
7
4
14
1
9
6
5449 1
4
2
0
0
5464
5450 5451 5472
14
2
2
0
54
8
3
54
8
7
5
4
9
1
5475
5490 14
2
3
1
5486
14
3
6
7
14
3
3
5
14
2
9
7
14
2
9
3
14
2
9
1
14
2
8
5
13
8
7
5
13
8
9
3
13
8
3
9
13
9
8
3
13
9
6
5
13
8
0
3
13
9
4
7
13
7
6
7
13
9
0
1
13
7
5
1
14
4
0
5
550013
0
4
5
1
4
4
3
3
562
0
14
2
5
0
14
2
4
0
14
2
0
0
5552
14
2
8
6
1
4
3
7
8
5520
5630 13
9
9
2
13
8
8
4
13
9
6
6
13
8
6
8
13
8
4
8
1
4
4
6
1
13
9
3
0
13
9
0
0
13
8
1
6
13
7
9
6
56455640 1425
7
55
2
3
553
1
551555
1
9
5530 5525 1
4
4
8
9
1
4
4
3
2
555856555650 55545565
5660 143
3
4
5562 5593
13898
15417
5598
557
7
14
2
4
4
1
4
2
6
6
13
9
9
0
13
9
6
4
5670
13
9
5
0
1
4
2
9
0
13
9
2
2
13
9
0
2
5681
56085675
56
7
2
56
6
8
566
4567556705
6
0
5
143
7
2
14
3
0
4
562756235614
1
4
4
0
0
56805685 5685 14241
14
2
7
1
14315
14
2
8
7
56
1
0 5646
56345695
5725
5695
5665
5630569
0
5663 56705690
56655646
567
4
57
0
0
5687
5664
5
6
5
5
14
4
2
8
1
4
2
4
4
56745735 5676 5686 5676
5710 5685 5698
56505
7
3
5
5676 5675
5750 5755
5705570314465143755700 5704
15
5
8
4
153745750
15336
57185727
57
3
0
57305795579056
7
0
57955790
5863
15331 15365 15451
5810 154715819
15430 58385835
5842 5835 5836
5805
5855
5805
5862
5869 58665876 5870
5885
589259045
9
0
5
5880
5800
5910 5887
5919
5995
5898
5901
5925
5952 14
5
8
7
14
5
6
3
14
5
4
5
14
6
6
1
14
6
2
1
14
5
2
9
14
3
9
9
14337
14
3
0
3
14
2
6
1
13
5
7
5
13
6
0
1
13
4
8
1
147381452014
6
1
2
606114575
6080
1452
5
6143
1
4
5
2
0
6148
6157
6150
6120
6180
6201
62
8
2
6388
6438 644014894
6450
14
9
5
1
6472 6447
6305
6320
1524263
0
7
15
0
5
6
15
0
9
0
15
1
0
0
63
1
0
63
1
5
15
1
5
0
15
1
9
4
15
2
4
0
6315
15244 6371
63
3
7
15
0
5
5
15
0
6
3
5260
5253
5257
5259
5310
5300
52
9
3
52
8
9
52
8
7
52
8
3
52
7
7
52
7
3
5267
5263
5
2
6
4
5
2
6
6
5
2
7
2
5
2
7
4
52
8
2
52
8
4
530153035305
5
4
8
5
54
6
5
5420
5
4
2
5
5424
54
4
0
5402
5
3
4
9
5
3
5
1
538
3
53
8
7
5
3
8
9
5415
5427
54
3
9
5
4
4
3
53825384
53965374
5362
5
3
4
4
5332
553
5
554
5
555
5
55
5
0
5
5
7
0
5
5
9
0
5
4
8
6
5736
5728
57
4
0
57
4
8 5760
5764
5768
5720
57
1
2
57
0
4
5772
57
8
4
57
8
0
5490
5482
5460
5470
55
7
5
55
2
0
55
3
0
5591
5611
5671
5711
5751
5791
5600
6375
6313-
6335
14
8
4
1
14881
5650
14707
14
6
6
9
14
6
5
5
14
6
2
5
5802
5887
5725
14
7
7
9
5858
5898 589614385
58725871
5888
5817
14386
5862
5886
5288
60
6
1
608161
0
1
14870 14890
1
4
4
9
6
1
4
3
8
7
6208
14876-14942
14
8
2
4
14
8
0
6
6351
1
5
4
6
3
14725-
5834
Neal
Ave.
5843-5871
5701
1
3
1
4
0
1
3
1
8
0
1
3
1
8
5
14
5
7
1
14
5
4
5
14
2
6
5
14
2
9
4
14
3
0
1
14
2
8
9
14
2
3
1
564
5
1
4
4
5
0
1
4
4
3
9
1
4
4
5
7
1
4
4
7
5
1
4
4
9
5
5311
14
1
1
0
14
0
5
4
5323
533553365335
14
1
9
7
14
1
7
5
14
1
5
3
14
1
1
1
14
0
8
9
14
0
7
7
14
0
5
5
14
0
3
3
14
0
1
1
5347
5410 54111405914
0
1
0
5421542054211407514
1
4
3
14094
14
1
7
3
14195
14
2
1
1
14
1
2
4
14
1
5
6
14
2
1
0
5
4
9
5
14
2
3
0
5479
14
2
5
0
5470 5471 548054
9
9
5491
14
2
4
1
5492
14
2
9
5
14
3
9
3
14
2
8
7
13
8
5
7
13
8
2
1
547113
7
8
5
13
8
9
9
1
4
4
1
9
56
1
0
13
0
8
5
55185526 5510
1
4
4
4
7
14
2
3
0
14
2
2
0
14
2
1
0
14
2
9
8
13
9
8
0
13
9
4
8
13
8
3
4
13
8
9
8
1
4
3
9
8
5535
5554
1
3
1
4
5
1
4
4
7
5
1
4
4
1
6
1424
1
55
2
7
5555
13
8
9
1
14
5
0
3
55
8
0
13
9
9
1
55
5
3
13
9
6
1
13
9
4
5
13
9
3
5
13
9
1
5
1388756505655 1
4
4
4
8
554
1
55
5
7
143
3
0
5573 1
4
4
6
4
5665 555
9
5665 55745660
143
5
8
1
4
2
5
8
14
2
7
2
13
9
8
0
14
2
8
4
13
9
3
8
13
9
1
0
1
4
2
9
6
5676 5603 559
5
1
4
3
8
6
142
5
5
5680
14
2
8
1
14
2
9
3
142
9
95615
56
3
6
5649
562
0
5643 14412 56
5
3
14232
1
4
4
7
0
5654
5662
5640 14436144
2
0
5730
5715 14
2
5
8
5683
14
3
0
4
5710 14
4
0
3
5720
5702
57
5
5
14
4
2
1
14
3
9
1
14
4
3
7
14
2
6
9
5705
5701
5775 57155770 5714 5711 5716
5775
5732 5737
5
7
4
0
5690
568
0
153575801
5826 5827
584458365851
5860 5890 5856
5901
5921
59345935
6118
14
6
0
8
6120
1
4
5
8
0
1
4
5
2
4
6398
1492914907
6429
15
0
4
2
15
0
7
0
15
2
2
0
6314
15
0
8
3
6375
15
0
5
8
15
0
7
4
15
1
0
0
15
1
5
8
15
1
8
0
15
2
0
0
15
2
2
4
6396638515
0
5
1
15
0
8
7
15
2
0
9
15
2
2
5
6395
15
2
2
3
14830
58
6
2
58
7
0
58
7
2
58
8
2
58
9
0
58
9
2
5902 5852
5910
59205922
5851
586
1
58
7
1
58
7
3
58
8
3
58
9
1
58
9
3
1524215
0
4
4
15
0
9
2
15
0
9
8
15
1
7
4
15
1
9
6
15
2
1
8
15
0
1
5
15
0
3
3
15
0
5
3
15
0
7
5
15
0
9
1
6461 15
1
6
1
6
1
7
4
6188
6195 62116198
15
0
2
4
15
0
7
2
15
0
9
8
15
1
7
6
15
2
0
6
15237
15
0
1
5
15
0
5
1
15
0
6
1
15
0
7
3
15
0
8
1
15
0
9
5
15
1
0
5
62
8
6
62
8
3
15
1
5
7
15
1
7
5
15
1
9
1
15
2
0
7
15239 6286
15234
14
8
6
4
14
8
5
0
14
8
9
9
14
8
6
3
14
8
0
7
552
1
14
7
7
5
553714
9
0
8
14
8
7
2
14
8
3
2
1
4
7
9
5
1
4
8
1
5
1
4
8
2
3
14
8
3
3
1
4
7
7
3
14
7
8
5
1
4
8
3
5
14
8
4
5
1
4
8
5
3
14
8
6
3
14
8
7
3
14
8
7
5
14
8
8
5
14
8
9
3
14
8
9
5
14
9
1
5
14925
14935
14860
14
7
8
6
14
9
2
3
14
8
6
7
14
8
4
1
14
8
2
9
14
7
8
7
560114878
56
0
6
14
9
0
4
14
9
1
8
14
8
2
2
14943
5725
5731
5628
14
7
9
8
14
7
8
6
14
7
9
9
14
8
0
5
147
9
7
148
0
9
5645 5642147
9
3
1
4
7
7
5
14
7
7
7
1
4
7
8
1
147
8
7
56
6
0
56
5
8
14817
1
4
3
4
7
14359
14
6
5
3
14
6
8
1
14
7
1
5
560014
5
6
8
14
5
4
0
56
1
0
14
5
5
0
14
6
3
0
14
4
7
8
5711
14
4
3
6
14
3
4
8
14
3
0
0
14
2
5
6
14
6
4
8
14
6
7
6
1470
8
14
5
6
5
14
5
2
1
14
6
4
5
14
6
6
3
14
6
9
1
14703 14737
14664
14
2
0
6
14
5
2
0
14
6
3
8
14
6
2
5
1
4
6
6
1
14
5
2
3
14
5
9
5
5665
15
0
8
7
63
3
2
63
3
7
15
1
5
3
15
1
8
3
15
2
2
7
6340
6365
15
0
2
6
15
0
4
2
6366
63
6
7
6350
63
9
9
15
0
6
7
15
1
0
9
15
1
1
5
63
9
9
15
1
6
9
15
1
9
1
15
1
8
7
15
2
1
3
15
2
4
3
5
8
6
0
58
8
0
5900
58505912
5853
58
6
3
58
8
1
6400
64251511815
0
1
8
15
0
7
6
15
0
8
2
64
3
5
15
1
5
8
6460 15
2
6
3
64
3
2
15117 6469
6413
6165 15
1
5
0
6157 6184
6175 6181 6182 6187
15
0
8
5
6207 6197 6216 6218
15
1
1
2
15
0
8
2
6242
6257
15
0
4
8
15
1
5
4
15
1
9
2
15
2
2
2
626015
0
4
1
15143 6132
6202
6155 152986165
14
8
0
2
14
8
3
6
5624
147
9
1
1
4
7
8
3
14
9
2
5
14
9
1
1
14
8
8
7
14
8
7
5
14
8
5
1
14
8
3
7
14
8
2
3
1
4
9
3
9
14
7
9
7
14
9
3
2
14
9
2
0
14
8
9
6
14
8
8
4
14
8
6
0
14
8
4
6
14
8
1
8
5553
1
4
7
8
9
14
8
2
5
1
4
7
7
1
1
4
9
1
3
14
8
4
3
14
9
0
3
14
8
5
5
14
8
6
5
14
8
8
3
14933
14
7
7
0
556914
9
3
5
14
9
0
9
14
8
9
5
14
8
8
1
14
8
5
5
14
8
1
5
5585
14
8
0
1
14
7
7
3
5617
14945
14
8
0
8
562714
7
7
4
5633
1
4
8
0
3
5646
14811 5649
56
5
2
565
35
6
5
4
5502
5544
5675
5691
5564
14
6
4
1
1
4
7
0
1
14
6
6
9
5582
14
5
8
4
14
5
5
4
14
5
2
2
56
1
7
561614
6
3
6
14
5
0
8
14
5
3
2
14
5
6
6
14
5
8
8
14
5
9
8
14
4
9
6
14
6
1
6
14
6
4
4
5696
14
4
5
2
14
4
1
8
14
4
0
0
14
3
8
4
14
3
7
2
14
3
1
4
57
3
0
14
2
8
4
14
2
7
0
14
6
6
0
146
9
4
563214
5
8
1
14
5
5
1
14
5
3
5
14
5
1
1
56
3
0
56
3
3
14
6
7
7
14
2
4
0
14
2
2
4
14
1
9
0
14
6
7
0
14
6
5
4
5685
14499
14
6
2
1
14
6
4
1
14
5
4
1
14
5
8
3
14
5
5
9
5910
5907
5801
5900
5990
580
0
5795
590
3
58
0
4
575
0
5920
562
0
561
2
563
0
566
0
12430
559
5
565
0
567
0
571
0
560
0
14937
14985
59
3
0
-
5888
59
0
1
-
5
9
4
5
59
5
1
-
5697
5593 5597
585
0
5980
564
0
561
0
55
9
0
557
0
5580
5525
5800-
5899
13
3
0
1
-
13
3
2
1
-
13
3
4
1
13
3
7
5
5805
5815 58
3
5
58
5
5
5958
5950
D
5938
13560
13
7
4
7
5921
13936
13945
12
8
2
0
12
8
5
0
12
8
8
0
12
9
3
0
12
9
8
0
13
0
2
0
13
0
6
0
52
9
5
52
6
5
52
4
5
12
3
4
0
12
4
2
0
12
4
8
0
12
5
2
0
12
5
8
0
532
3
5345
53
8
0
53
6
0
53
4
0
53
5
5
53
4
3
5325
5320
1
2
6
4
0
1
2
6
4
5
12
6
8
5
1
2
7
1
7
1
2
7
4
7
12
8
1
1
1263
5
5270
5230
5190
51
5
0
12961
125
8
5
574
5
578
5
13
1
6
1
-
1
3
1
7
3
13
1
8
1
-
1
3
1
9
7
5980 14
0
8
7
14168
15314
15325
15125
14290
14
5
8
0
14
5
6
4
14
5
5
0
14
5
9
6
14
5
3
4
14
6
1
8
5920
5988
14733
59
4
8
59
9
1
5595
5970
5850
560
5
13
6
1
3
A
B13
3
1
5
13
3
3
1
58
2
5
5845
C
5998
5990
5908
5900
E
5930
F
15403 15431
15
2
2
1
5416
15405
6219
14819
5653
5633
5613
5607
5573
5606
5632
5652
5654
5656
5658
5660
58615859
586258605858 585758555853585158
3
2
58
3
4
58
3
6
58
3
8
58
4
0
58
3
1
58
3
3
58
3
5
58
3
7
58
3
9
58
4
1
58
4
3
58
4
5
58
4
7
58
4
9
13865
1392413912
5818581658145812
13957
13535
13533
571
5
Valley View Park
Oak Park Crossing Park
Brekke Park
Linear Park
Swager Park
Autumn Hills Park
Cover Park
Maxar, Microsoft
Cannabis Sales Buffer Map 1
Oak Park Heights
±
600 0 600 1,200 1,800300
Feet November, 2024
V:\1938\Clients\Oak_Park_Heights\Projects\Pro\Cannabis_Sales_Map\Cannabis_Map.aprx
November, 2024
Legend
Park Features
Day Care
Location
Stillwater
Highschool
Schools
Buffer
Parcels
Parks
City Boundary
* 1,000 ft. from School Property Line
500 ft. from Day Care Structure
500 ft. from Park Attractions
EXHIBIT 10
202
401.18 CANNABIS BUSINESS AND HEMP BUSINESS OPERATIONS
401.18.A. Minimum Buffer Requirements.
1. The operation of a cannabis business is prohibited within:
a. One Thousand (1,000) feet of a school property line.
b. Five Hundred (500) feet of a daycare principal building.
c. Five Hundred (500) feet of a residential treatment facility.
d. Five Hundred (500) feet of an attraction within a public park that is regularly
used by minors, including a playground or athletic field.
As measured in a straight line from the closed part of the building or actual leased
space of the Cannabis Business use-principal to the property line to the school,
the closed part of the principal daycare building, residential treatment facility and/or
attraction within a public park.
2. A Cannabis Event is exempt from the restrictions set for in City Zoning Ordinance
Section 401.18.A.
401.18.B. Noise. There shall be no noise carrying beyond a lot upon which a
business is located, except for normal car and pedestrian activity.
401.18.C. Odor. Cannabis Businesses and Hemp Businesses shall be
ventilated so that all odors cannot be detected by a person with a normal sense of smell
at the exterior of the facility or at any adjoining use or property; they shall not produce
noxious or dangerous gases or odors or otherwise create a danger to any person or entity
in or near the facilities.
401.18.D. Hours of Operation.
1. Cannabis businesses are limited to retail sales of cannabis, cannabis flower,
cannabis products, lower-potency hemp edibles, or hemp-derived consumer
products between the hours of 10:00 a.m. and 9:00 p.m., seven days a week.
2. Lower-Potency Hemp Edible Retailers are prohibited from conducting the retail
sale of lower-potency hemp edibles, or hemp-derived consumer products for off-
site consumption between the hours of:
EXHIBIT 11
203
a. On Sundays; except between the hours of 11:00 a.m. and 6:00 p.m.
b. Before 8:00 a.m. on Monday through Saturday.
c. After 10:00 p.m. on Monday through Saturday at an establishment located
within the City.
d. On Thanksgiving Day.
e. On Christmas Day, December 25.
f. After 8:00 p.m. on Christmas Eve, December 24.
3. Lower-Potency Hemp Edible Retailers are prohibited from conducting the retail
sale of lower-potency hemp edibles, or hemp-derived consumer products for on-
site consumption between the hours of:
a. Between 1:00 a.m. and 8:00 a.m. on Monday through Saturday.
b. After 1:00 a.m. on Sundays; except at a restaurant, club, bowling center or
hotel with seating capacity for at least thirty (30) persons and which holds
an on-sale intoxicating liquor license.
c. Between 8:00 p.m. on December 24 and 8:00 a.m. December 25.
401.18.E. Signs. Cannabis and Hemp Businesses are subject to City
Ordinance Section 401.15.G.8.d.1 regulating freestanding signs and are permitted one
wall sign subject to the maximum size and heights of City Ordinance Section
401.15.G.8.d.2.d. All other signs are prohibited.
Signs shall only contain words and shall not contain or depict a cannabis flower, cannabis
product, hemp edible, hemp derived edible consumer product, or any other logo, picture,
image or symbol intended to denote or suggest cannabis, hemp, or related paraphernalia.
Additionally, a business logo containing the above depictions shall not be displayed as
part of any exterior signage. No products, interior signage, advertisements or the like
attention getting items shall be placed or displayed that may be visible from the exterior
of the Cannabis Business or Hemp Business. This section shall apply to any and all
signs, including temporary, sandwich boards, etc.
401.18.F. Lighting. All lighting shall be shielded and angled in such a way as to
prevent light from spilling outside of the boundaries of the parcel(s) or premises or directly
focusing on any surrounding uses.
401.18.G. Security. Any security bars, gates or grills shall be retractable, shall
remain open and retracted when the Cannabis or Hemp business is open to the public or
otherwise in operation and shall not be installed on the exterior of the building.
204
401.18.H. Outdoor Use. All uses and activity shall be conducted indoors, with
no storage or activity allowed.
PLANNING REPORT ENCLOSURE 3
TO: Jacob Rife
FROM: Scott Richards
DATE: December 31, 2025
RE: Oak Park Heights – Dave’s Hot Chicken – Planned Unit
Development / Conditional Use Permit Amendment – 5910 Neal
Avenue North
TPC FILE: 236.02 – 23.09
BACKGROUND
Polo Padilla of Fusion-AE representing MN Chicken LLC, owner of the property, has
submitted an application to make exterior changes to the Taco John’s building at 5910
Neal Avenue North for use as a Dave’s Hot Chicken. The application consists of a
request for a Planned Unit Development / Conditional Use Permit Amendment to allow
for additional signage and Site Plan/Design Guidelines review. The property is zoned
B-2 General Business District with a PUD Overlay.
The site, with the former Kentucky Fried Chicken (now K&J Catering, 5920 Neal Avenue
North) was first approved for rezoning, a final plat, and Planned Unit Development /
Conditional Use Permits for fast foot restaurants by the City Council in November 2003.
The site was rezoned to B-2 with the PUD Overlay with cross easements to allow for
access, traffic circulation, and parking utilization between the two lots.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Project Narrative
Exhibit 2: Site Location Map
Exhibit 3: Title Sheet (1)
Exhibit 4: Site Plan – (2)
Exhibit 5: Exterior Elevation – (3) (East Façade Sign Plan)
Exhibit 6: Exterior Elevation – (4) (North Façade Sign Plan)
Exhibit 7: Exterior Elevation – (5) (West Façade Sign Plan)
Exhibit 8: Exterior Elevation – (6) (South Façade Sign Plan)
Exhibit 9: Face and Halo Lit Channel Letters on Backer Panel – (7)
Exhibit 10: Face and Halo Lit Channel Letters on Backer Panel – (8)
2
Exhibit 11: Face and Halo Lit Cannel Logo – (9)
Exhibit 12: Night Illumination – (10)
Exhibit 13: Monument Replacement Faces – (11)
Exhibit 14: Pylon Replacement Faces – (12)
Exhibit 15: Demolition Floor Plan – (D1.0)
Exhibit 16: Dimensioned Floor Plan – (A1.0)
Exhibit 17: Exterior Elevations – (A2.0)
Exhibit 18: Resolution No. 03-11-56 – Approved November 25, 2003
Exhibit 19: Planned Unit Development Permit – Issued January 15, 2004
PROJECT DESCRIPTION
The project narrative is found as Exhibit 1. The introduction to the narrative that
provides an overview is as follows:
As one of the owners and franchisees of the planned Dave’s Hot Chicken in Oak Park
Heights, I am requesting a variance to allow mural artwork throughout the exterior of our
building located at 5910 Neal Avenue N. While the City’s Design Guidelines do not
specifically reference murals, this design element is a central part of the Dave’s Hot
Chicken brand and an important factor in creating the guest experience that our guests
expect.
Dave’s Hot Chicken restaurants nationwide feature mural artwork that reflects the
brand’s energy, authenticity, and urban roots. These murals are not optional
embellishments – they are an essential component of our franchise design standards.
Without them, our building would not represent the nationally recognized Dave’s Hot
Chicken identity.
The approvals granted in 2003 for Taco’s John’s are still in effect for this site. The
current application addresses the proposed signage as well as the Site Plan and Design
Guidelines review. The signage package for this restaurant does not comply with the
sign standards of the Zoning Ordinance and the building color/graphics are not
compliant with the Design Guidelines.
ISSUES ANALYSIS
Comprehensive Plan. The property is designated as Commercial on the Proposed
Land Use Map. The drive through restaurant is consistent with that land use
designation.
Zoning. The property is zoned B-2 General Business District with a PUD Overlay. A
Planned Unit Development / Conditional Use Permit Amendment is required to allow the
signage changes proposed. Design Standards/Site Plan review is also required. A
variance from the Design Standards is required to approve the proposed façade color
and graphics.
Approvals granted in 2003 included the following:
3
1. Rezoning from Open Space Conservation (O) to General Business (B-2) with a
PUD Overlay District.
2. Preliminary/final plat of “Oak Park Marketplace” for the 1.98-acre property for a
two-lot commercial subdivision.
3. Conditional Use Permit (CUP) for two fast food restaurant buildings with drive-
through windows.
4. CUP to allow a reduced parking requirement.
5. CUP to allow curb cuts greater than 24 feet in width.
6. General concept and general plan of development Planned Unit Development
(PUD) approvals.
7. Site and Building Plan approval.
The approvals have not been amended since granted in 2003. The Taco John’s has
operated in that location since it opened that year. The KFC structure is now a catering
business and the allowance for a drive through restaurant has expired.
Signage. When the Taco John’s and KFC were approved in 2003, a Conditional Use
Permit for signage was not required in that all signage met the requirements of the
Zoning Ordinance. The subject site is in the Destination Highway Retail District which
allows for additional signage from what is allowed in the B-2 District.
Freestanding Pylon Sign. The freestanding pylon sign for the site will remain. The
Applicant proposes utilizing both sign faces for Dave’s Hot Chicken. The subject site is
in the Destination Highway Retail Highway District which allows for one freestanding
pylon sign that does not exceed 200 square feet in area. The sign plan shows that the
size of the signage is to be determined. The size of the signs shown are approximately
50 square feet each, consistent with the current sign faces.
Freestanding Monument Sign. The existing freestanding monument sign shall remain,
and the sign faces will be updated. The sign plan shows the proposed monument sign
faces.
Wall Signage. The Destination Retail Highway District allows for a total of three wall
signs, each on separate facades. The proposed sign plan indicates two separate wall
signs on the north and east elevations and one sign each on the south and west
elevations for a total of six wall signs. A Conditional Use Permit is required to allow for
the additional wall signs. Past precedence has allowed for Conditional Use Permit
approval of a total of four wall signs per business, one on each façade. The most
recent approval for a drive through restaurant was Popeye’s where one wall sign per
façade was allowed for a total of four wall signs, and two signs could be placed on one
of the facades. With the visibility of the site from Stillwater Blvd North / County Road
15, one wall sign per facade is thought to be adequate for the Dave’s Hot Chicken
business.
Total Allowable Wall Signage. The square footage of wall signage shall not exceed
500 square feet of wall signs for the site, and the signs cannot exceed 10 percent of the
wall area, per façade. The proposed wall signs are as follows:
4
Sign
Square Feet
Total No.
of Signs
Total
Square Feet
East Elevation:
77
28
2
105
West Elevation:
58
1
58
North Elevation:
77
28
2
105
South Elevation:
28
1
28
TOTAL 296 6 296
As indicated, the wall signage should be limited to one per façade for a total of four wall
signs. The Applicant could determine which sign to use on each façade, and two signs
may be placed on one of the facades. At the time of sign permitting the Applicant shall
provide the square footage of each of the facades to assure compliance with the 10
percent limit of signage.
Directional Signage. The Applicant shall provide a plan for directional signage
compliant with the requirements of Section 401.15.G of the Zoning Ordinance.
Sign Illumination. The signs will be required to comply with the Zoning Ordinance
lighting requirements. Staff will approve the lighting specifications for the signs at the
time of permitting. The sign and order board lighting should be designed such that only
the text and logo portions of the signs are to be lit at night. The sign background will
need to be dark.
Drive-Thru for Restaurants. Plans shall be provided for any proposed canopy
structure and menu board for the order lane. The final plans for the directional signs,
menu boards, canopies and associated lighting will be subject to review by the City.
Access/Site Plan. There are no changes proposed for access or the layout of the site.
The building footprint, parking layout, and circulation patterns for the drive through will
not be altered.
Parking. In 2003, a Conditional Use Permit was granted to allow for a reduction of
required parking from 98 parking stalls to 79. This allowance is more in line with the
current standards for parking that were approved in 2023. The parking requirement was
5
lowered by now requiring one space for each 100 square feet of gross floor area from
one space for each 35 square feet for fast food and drive through restaurants.
In that no changes are to be made to the site or to the building at this time, no further
process is required.
Grading/Drainage/Utilities. There are no site plan changes proposed that will require
the City Engineer’s review.
Lighting Plans.
Fixtures. The Applicant has indicated that the exterior light fixtures will be replaced. A
lighting fixture plan will be required for review by the City. All light fixtures shall be full
cut off and consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to
lighting requirements.
Photometrics. A photometric plan will be required with submittal of the fixture plan. The
light intensity is required to be less than one-foot candle at the centerline of adjacent
streets and 0.4-foot candles at the property line.
Building Lighting. Building color wraps or LED and neon strip lighting is not allowed.
Hours. Outdoor lighting for parking lots shall be turned off one hour after closing,
except for approved security lighting.
Landscaping. No changes are proposed to the existing landscaping. Any landscape
changes are subject to City Arborist review and approval.
Mechanical Screening. No changes are proposed at this time to exterior mechanical
equipment. Any exterior mechanical equipment, either on the roof or ground mounted,
is required to be screened in accordance with Section 401.15.E.10.e. of the Zoning
Ordinance.
Trash/Recycling Storage. There is a trash and recycling enclosure at the back of the
building.
Design Guidelines.
Architectural Guidelines.
Façade Treatments
The proposed building will not be altered except that the plans show the building
will be painted white with color mural graphics. Red awnings will be placed over
the windows.
Ground Level Expression
This is a one-story building with a raised roof feature.
6
Transparency
The building transparency will not be altered. The existing window and door
placement will remain.
Entries
The customer entry for the building will not be altered.
Roof Design
The roofline is broken by a varying roof heights.
Building Colors
The Design Guidelines indicate the following:
Building colors should accent, blend with, or complement the surroundings.
Principal building colors should generally consist of neutral, or muted colors with
low reflectance. “Warm-toned” colors are encouraged because of their year-
round appeal. No more than three principal colors should be used on a façade or
individual storefront. Bright or primary colors are acceptable when determined
through the design and review process to be appropriate for the site and building
use.
The proposed building color and graphics is a significant departure from the
Design Guidelines. The Planning Commission should discuss whether the white
base and bright color mural graphics are acceptable for the site and the building.
A variance from the Design Guidelines would be required if the colors are found
to be acceptable.
Building Materials
The building materials will remain the same, but the entire building will be painted
white, covering the original brick and painted surfaces.
Franchise Architecture
The building is a franchise design. The Planning Commission should comment
whether the colors are compatible with the Design Guidelines.
Site Design Guidelines
The site is not being altered with this proposal.
Conditional Use Permit Review Criteria. The conditional use permit criteria, found in
Section 401.03.A.7 of the Zoning Ordinance, are found as follows:
1. Relationship to the specific policies and provisions of the municipal comprehensive plan.
2. The conformity with present and future land uses in the area.
3. The environmental issues and geographic area involved.
7
4. Whether the use will tend to or actually depreciate the area in which it is proposed.
5. The impact on character of the surrounding area.
6. The demonstrated need for such use.
7. Traffic generation by the use in relation to capabilities of streets serving the property.
8. The impact upon existing public services and facilities including parks, schools, streets,
and utilities, and the City’s service capacity.
9. The proposed use’s conformity with all performance standards contained herein (i.e.,
parking, loading, noise, etc.).
Comment: The Planning Commission should comment if any of these criteria will be at
odds with the Conditional Use Permit proposed for the site. It is recommended that the
number of wall signs be limited through the approved conditions.
CONCLUSION / RECOMMENDATION
Upon review of the requests for a Planned Unit Development / Conditional Use Permit
Amendment to allow additional signage and a variance from the Design Guidelines for
building color and graphics for a Dave’s Hot Chicken at 5910 Neal Avenue North, City
Staff would recommend the project with the conditions as follows:
1. Wall signage should be limited to one per façade for a total of four wall
signs. The Applicant may determine which sign to use on each façade,
and two signs may be placed on one of the facades. At the time of sign
permitting the Applicant shall provide the square footage of each of the
facades to assure compliance with the 10 percent limit of signage.
2. The Applicant shall provide a plan for directional signs, any canopy
structures, and menu boards compliant with the requirements of Section
401.15.G of the Zoning Ordinance. Any directional signage shall be
subject to review of the City and can only include the name and logo of the
business.
3. All signage shall be subject to final review and approval of City Staff for
conformance with Zoning Ordinance standards. The sign lighting should
be designed such that only the text and logo portions of the signs are lit at
night. Staff shall approve the lighting specifications for signs at the time of
permitting.
4. All lighting fixtures shall be full cut off and installed in compliance with the
lighting standards of the Zoning Ordinance. A photometric plan shall be
provided for review and approval by City Staff. Building color wraps or
LED and neon strip lighting is not allowed.
5. The outdoor lighting shall be turned off one hour after closing, except for
approved security lighting.
6. Any changes to trees or landscaping shall be subject to City Arborist
review and approval.
8
7. Mechanical equipment that is located on the roof or visible from street
level or from neighborhood properties shall be screened with materials
that blend harmoniously with the building façade materials.
8. All storage of trash and recycling shall be totally within the trash
enclosure.
9. The Planning Commission should review the proposed building colors and
use of building material selection and colors.
10. A bike rack shall be identified on the site plan and placed on site.
pc: Julie Hultman
Minnesota Chicken, LLC – Variance Application 1 | Page
MINNESOTA CHICKEN, LLC
dba DAVE’S HOT CHICKEN
2523 Bridle Creek Trail
Chanhassen, MN 55317
www.daveshotchicken.com
Alex Humphries
Owner
alex@mnchicken.com
direct phone (202) 841-3225
S EPTEMBER 26TH, 2025
VIA ELECTRONIC MAIL
Planning Commission and City Council
City of Oak Park Heights
14168 Oak Park Blvd N.
Oak Park Heights, MN 55082
Attn: Julie Hultman
Re: VARIANCE REQUEST – BRAND MURAL ARTWORK ON BUILDING EXTERIOR
Dear Planning Commission and City Council,
As one of the owners and franchisees of the planned Dave’s Hot Chicken in Oak Park Heights,
I am requesting a variance to allow mural artwork throughout the exterior of our building
located at 5910 Neal Ave N. While the City’s Design Guidelines do not specifically reference
murals, this design element is a central part of the Dave’s Hot Chicken brand and an important
factor in creating the guest experience that our guests expect.
Dave’s Hot Chicken restaurants nationwide feature mural artwork that reflects the brand’s
energy, authenticity, and urban roots. These murals are not optional embellishments—they
are an essential component of our franchise design standards. Without them, our building
would not represent the nationally recognized Dave’s Hot Chicken identity.
In support of this request, I wish to address the required variance findings:
a. Special Circumstances / Unique Conditions
The Design Guidelines do not contemplate mural artwork as a façade treatment. Dave’s Hot
Chicken requires murals as part of its national brand design. Without this variance, we are
deprived of a reasonable use of the building that is necessary to maintain brand consistency
and deliver the guest experience expected across all Dave’s Hot Chicken restaurants.
b. No Detriment to Public Health, Safety, or Welfare
The mural will not harm public health, safety, or welfare. Instead, it will improve the visual
environment, deter graffiti by providing intentional and managed artwork, and create a
safer, more vibrant pedestrian experience.
c. Addressing Inequities / Hardship
While this is not a topographical or vegetation-related hardship, the inequity arises from a
design limitation: other Dave’s Hot Chicken locations across the country are able to express
the brand through murals, whereas strict application of the Guidelines here would uniquely
prevent it. This creates a disproportionate restriction on the reasonable use of our building
compared to other franchise properties.
EXHIBIT 1
Minnesota Chicken, LLC – Variance Application 2 | Page
d. Not Based on Economic Difficulties
This request is not made out of financial hardship. The hardship arises from the absence of
mural provisions in the Design Guidelines, not from economic constraints. That said, as a
new business in Minnesota, it is important for us to establish brand visibility and guest
recognition in what is becoming a highly competitive chicken restaurant space. With Chick-
fil-A opening a new location in Stillwater next year, maintaining Dave’s Hot Chicken’s
national brand standards — including our signature mural artwork — is critical for
differentiation and long-term success. Dave’s also has national data showing that locations
incorporating mural artwork see, on average, a 20% lift in sales compared to those that
do not. While this is not the basis for the variance, it demonstrates how murals strengthen
viability, support surrounding businesses, and contribute to the City’s tax base.
e. Hardship Not Self-Created
The hardship is not the result of any action by me as the planned building tenant. It arises
entirely from the absence of provisions in the Guidelines for mural artwork as a design
element.
f. No Change to the Design Guidelines Process
Approval of this variance does not alter the process or scope of the Design Guidelines. It
simply allows for a unique and brand-required design treatment within the existing
framework.
While the murals are brand-specific, they provide value beyond the business itself by:
• Enhancing the community’s visual environment with high-quality, professionally
executed artwork.
• Creating a unique destination that attracts guests from across the region, benefiting
the broader Oak Park Heights economy.
• Demonstrating Oak Park Heights’ ability to support nationally recognized concepts
while still encouraging creative, distinctive design.
Dave’s Hot Chicken murals are a fundamental expression of our brand, and their inclusion is
critical to delivering the authentic guest experience our guests expect. Approving this variance
will not only respect our franchise standards but also advance the City’s vision for engaging,
high-quality commercial development.
I respectfully request approval of this variance so that our planned Oak Park Heights location
can fully reflect the Dave’s Hot Chicken brand while contributing positively to the community’s
character and streetscape.
Thank you for your time and consideration.
Sincerely,
Alex Humphries
Owner
Minnesota Chicken, LLC dba DAVE’S HOT CHICKEN
EXHIBIT 2
EXHIBIT 3
EXHIBIT 4
EXHIBIT 5
EXHIBIT 6
EXHIBIT 7
EXHIBIT 8
EXHIBIT 9
EXHIBIT 10
EXHIBIT 11
EXHIBIT 12
EXHIBIT 13
EXHIBIT 14
1DEMOLITION FLOOR PLAN
1/4"=1'-0"
SHEET TITLE:
SHEET NUMBER:
DEMOLITION
FLOOR PLAN
D1.0
DATE DESCRIPTION
CLIENT:
Minnesota Chicken, LLC
2523 Bridle Creek Trail
Chanhassen, MN 55317
202.841.3225
PROJECT NUMBER:
PRELIMINARY
FOR REVIEW ONLY
THESE DOCUMENTS ARE FOR DESIGN
REVIEW AND NOT INTENDED FOR
BIDDING, CONSTRUCTION, OR PERMIT
PURPOSES.
DHC25015
DA
V
E
'
S
H
O
T
C
H
I
C
K
E
N
OA
K
H
E
I
G
H
T
S
,
M
N
-
T
F
O
59
1
0
N
E
A
L
A
V
E
N
.
OA
K
P
A
R
K
H
E
I
G
H
T
S
,
M
N
5
5
0
8
2
Mi
n
n
e
s
o
t
a
C
h
i
c
k
e
n
,
L
L
C
25
2
3
B
r
i
d
l
e
C
r
e
e
k
T
r
a
i
l
Ch
a
n
h
a
s
s
e
n
,
M
N
5
5
3
1
7
DATE DESCRIPTIONDATEDESCRIPTION
10.29.25
6201 CAMPUS CIRCLE DRIVE E
IRVING, TEXAS 75063
TEL: 972.870.1288
ARCHITECT:
WWW.IDSTUDIO4.COM
E-MAIL rridge@fusion-ae.com
RUSTY ALLANRIDGE, AIA
N
PLAN
NORTH
TRUE
NORTH
N
GENERAL DEMOLITION NOTES
KEY NOTES:
1DEMOLITION REFLECTED CEILING PLAN
1/4"=1'-0"
EXHIBIT15
PREP
STORAGE
RESTROOM
RESTROOM
FREEZERCOOLER
CLEANING
OFFICE
SERVICE
DINING
CLEANING
STORAGE
VESTIBULE
SHEET TITLE:
SHEET NUMBER:
DIMENSIONED
FLOOR PLAN
A1.0
DATE DESCRIPTION
CLIENT:
Minnesota Chicken, LLC
2523 Bridle Creek Trail
Chanhassen, MN 55317
202.841.3225
PROJECT NUMBER:
PRELIMINARY
FOR REVIEW ONLY
THESE DOCUMENTS ARE FOR DESIGN
REVIEW AND NOT INTENDED FOR
BIDDING, CONSTRUCTION, OR PERMIT
PURPOSES.
DHC25015
DA
V
E
'
S
H
O
T
C
H
I
C
K
E
N
OA
K
H
E
I
G
H
T
S
,
M
N
-
T
F
O
59
1
0
N
E
A
L
A
V
E
N
.
OA
K
P
A
R
K
H
E
I
G
H
T
S
,
M
N
5
5
0
8
2
Mi
n
n
e
s
o
t
a
C
h
i
c
k
e
n
,
L
L
C
25
2
3
B
r
i
d
l
e
C
r
e
e
k
T
r
a
i
l
Ch
a
n
h
a
s
s
e
n
,
M
N
5
5
3
1
7
DATE DESCRIPTIONDATEDESCRIPTION
10.29.25
6201 CAMPUS CIRCLE DRIVE E
IRVING, TEXAS 75063
TEL: 972.870.1288
ARCHITECT:
WWW.IDSTUDIO4.COM
E-MAIL rridge@fusion-ae.com
RUSTY ALLANRIDGE, AIA
2DIMENSIONED FLOOR PLAN
1/4"=1'-0"
GENERAL NOTES
WALL LEGEND
N
PLAN
NORTH
TRUE
NORTH
N
1DIMENSIONED COUNTERTOP PLAN AT POS
1/2"=1'-0"
N
PLAN
NORTH
TRUE
NORTH
N
EXHIBIT16
EXHIBIT17
RESOLUTION NO. 03-11-56
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 TACO JOHN'S/STEAK ESCAPE AND
KFC/A & W FOR REZONING, PRELIMINARY/FINAL PLAT,
CONDITIONAL USE PERMITS, PUD APPROVALS, AND
SITE AND BillLDING PLAN APPROVAL LOCATED EAST
OF MINNESOTA HIGHWAY 5 ON NEAL A VENUE
BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Taco
John's/Steak Escape and KFC/A & W for the following :
1.Rezoning from Open Space Conservation (0) to General Business (B-2) with a PUD
Overlay District.
2.Preliminary/final plat of "Oak Park Marketplace" for the 1.98-acre property for a two-lot
commercial subdivision.
3.Conditional Use Permit (CUP) for two fast food restaurant buildings with drive-through
windows
4.CUP to allow a reduced parking requirement.
5.CUP to allow curb cuts greater than 24 feet in width.
6.General concept and general plan of development Planned Unit Development (PUD)
approvals.
7.Site and Building Plan approval
for property located east of Minnesota Highway 5 on Neal Avenue and after having conducted a
public hearing relative thereto, the Planning Commission of Oak Park Heights recommended the
application be approved with conditions. The City Council makes the following findings of fact
and resolution:
follows, to wit:
1.The real property affected by said application is legally described as
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
EXHIBIT 18
EXHIBIT 19