HomeMy WebLinkAbout2026-01-27 CC Packet Enclosure t oak Park .
Date: January 27, 2026
1.41L
Old Business
TO: Mayor and City Council
FROM: Scott Richards, City Planner
AGENDA ITEM: Land Use and Zoning Amendments and Conditional Use Permit—St. Croix
Cannabis Dispensary— 14303 60th Street North
BACKGROUND:
Richard Zimmerman submitted an application for a Conditional Use Permit for a cannabis retail dispensary
at 14303 60th Street North. An application has also been received for an amendment to the Comprehensive
Plan, Proposed Land Use Map and the Zoning Map to designate this property as Commercial and change
the zoning to B-2 General Business District. The City Council discussed this at their November 25, 2025
City Council meeting, requested that an open house be held to discuss the zoning amendments, and tabled
this matter to January 27,2026 for discussion and action.
FINANCIAL IMPACT:
• DOES ACTION REQUIRE EXPENDITURE OF FUNDS?No
ACTION REQUESTED:
Discussion and action to either approve or deny the request.
ATTACHMENTS:
1. Planning Report
2. Resolution of approval of the Conditional Use Permit
3. Resolution approving the Comprehensive Plan amendment
4. Ordinance approving the rezoning
5. Resolution denying the applications
6. Draft Ordinance for Zoning District Amendment(for discussion purposes)
Page 21 of 144
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPC@PIanningCo.corn
PLANNING REPORT Application Accepted - October 14, 2025
60 Days (Extended) - December 12, 2025
120 Days - February 9, 2025
TO: Jacob Rife
FROM: Scott Richards
DATE: January 22, 2026
RE: Oak Park Heights — Land Use and Zoning Amendments —
Conditional Use Permit for a Cannabis Retail Dispensary — St Croix
Cannabis Dispensary — 14303 60th Street North
TPC FILE: 236.02 — 25.07
BACKGROUND
Richard Zimmerman (Applicant) has submitted an application for a Conditional Use
Permit for a cannabis retail dispensary at 14303 60th Street North. An application has
also been received for an amendment to the Comprehensive Plan, Proposed Land Use
Map and the Zoning Map to designate this property as Commercial and change the
zoning to B-2 General Business District. The retail dispensary will be in the former
veterinarian clinic owned by John Junko, where it is proposed to occupy the entire
building. The business would be known as St Croix Cannabis.
The property is currently designated as Residential/Business Transitional on the
Proposed Land Use Map. The Applicant has applied to change the classification to
Commercial. The property is currently zoned R-B, Residential/Business Transitional
District and the request is to rezone to B-2, General Business District. Cannabis
businesses are not allowed in the R-B District but are allowed with a Conditional Use
Permit in the B-2 General Business District.
Section 1413 of the City Code regulates the operation of cannabis and hemp
businesses, and Section 401.18 of the Zoning Ordinance addresses the zoning
requirements for cannabis and hemp business operations.
The Planning Commission, at their November 13, 2025, meeting held a public hearing
and recommended the application for the Conditional Use Permit, amendment to the
Comprehensive Plan — Proposed Land Use Map, and the amendment to the Zoning
Map.
The City Council, at their November 25, 2025, meeting, discussed the applications and
continued this matter to the January 27, 2026, meeting. They asked that a
Page 22 of 144
neighborhood meeting be held to discuss the Comprehensive Plan and Zoning Map
amendments as well as the Conditional Use Permit for the cannabis use. That meeting
was held on January 8, 2026, and attended by 12 residents, most in favor, except one
household was concerned about the cannabis use at that location.
The City Council will need to take final action on these applications at their January 27,
2026, meeting in that the 120 day development review timeline is February 9, 2026.
The review is based upon the following submittals:
Exhibit 1: Planning Report with Exhibits — November 6, 2025
PROJECT DESCRIPTION
The project narrative is found as Exhibit 1. The introduction to the narrative that
provides an overview is as follows:
Richard Zimmerman on behalf of St. Croix Cannabis, LLC (Applicant) is hereby
requesting a Conditional Use Permit in conjunction with a Zoning District Amendment at
14303 60th Street North, Oak Park Heights, Minnesota 55082 to own and operate a
retail cannabis dispensary. The applicant has received approval from the Minnesota
Office of Cannabis Management (OCM) for a Microbusiness License which
encompasses a retail endorsement. The applicant is proposing to lease from owner of
said property described above for a cannabis dispensary. The applicant intends to
remodel and redesign the "interior" of existing property approximately 2000 square ft to
meet their operational requirements, and to comply with all State of Minnesota OCM
standards and regulations along with all current City building and fire codes.
CONCLUSION / RECOMMENDATION
The City Council should consider the application for the land use and zoning
amendments and the Conditional Use Permit for a cannabis retail dispensary at 14303
60th Street North. If the City Council is favorable to the land use and zoning
amendments as well as the Conditional Use Permit, it should consider approval with the
conditions as follows.
A resolution of approval of the Conditional Use Permit, resolution approving the
Comprehensive Plan amendment, and Ordinance approving the rezoning is attached. If
the City Council is inclined to deny the request, a resolution denying the applications is
also attached.
1. The subject property is redesignated as Residential/Business Transitional on the
Comprehensive Plan Land Use Map and rezoned B-2 General Business District
in which cannabis retailers is a listed conditional use.
2. The business operations shall be limited to retail cannabis product sales with no
growing or manufacturing operations on site.
Page 23 of 144
3. The business shall not create noise carrying beyond the lot upon which the
business is located as specified in 401.18.E of the Zoning Ordinance.
4. Site Plan and Design Guideline review for changes to the site shall be required
as required by the Zoning Ordinance and determined by the City. A plan shall be
provided for the parking lot and driveway improvements subject to approval of
the City.
5. The business shall be ventilated so that odors cannot be detected by a person
with a normal sense of smell at the exterior of the facility or at any adjoining use
or property; the business shall not produce noxious or dangerous gases or odors
or otherwise create a danger to any person or entity in or near the facilities as
specified in 401.18.0 of the Zoning Ordinance.
6. The business hours of operation shall be limited to between 10:00 a.m. and 9:00
p.m., seven days a week as specified in 401.18.D of the Zoning Ordinance.
7. All signage shall comply with all sign requirements of 401.15.G and 401.18.E of
the Zoning Ordinance and a sign permit shall be required.
8. All site and sign lighting shall be shielded and angled in such a way as to prevent
light from spilling outside of the boundaries of the parcel(s) or premises or
directly focusing on any surrounding uses as specified in 401.15.B.7 and
401.18.F of the Zoning Ordinance.
9. The Fire Chief and Police Chief shall review and approve the security plans
addressing public safety, and the business shall comply with all provisions of
Section 401.18.G of the Zoning Ordinance and the approved security plans.
10.All uses and activity shall be conducted indoors, with no exterior storage or
activity allowed as specified in 401.18.H of the Zoning Ordinance.
11. If traffic, parking or delivery issues develop in the immediate area that are
attributable to the proposed use, the Applicant may be required by the City to
implement traffic, parking or delivery control measures as determined by the
City. The Applicant agrees to a cost sharing of any traffic control implementation
on 601h Street North or Oldfield Avenue North required by the City.
12.Any mechanical equipment that is ground mounted or visible from adjacent
streets shall be screened as required by the Zoning Ordinance.
13.All trash and recycling shall be disposed of in the containers provided on site.
14.Any removal of trees or changes to the landscaping shall be subject to review
and approval of the City Arborist. Landscape or fence screening shall be
3
Page 24 of 144
required on the west and south sides of the property as required by the Zoning
Ordinance.
C: Julie Hultman
4
Page 25 of 144
RESOLUTION NO. 26-01-
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY RICHARD ZIMMERMAN FOR A
COMPREHENSIVE PLAN 2018 AMENDMENT TO CHANGE THE
LAND USE CLASSIFICATION OF RESIDENTIAL/BUSINESS
TRANSITIONAL USE TO COMMERCIAL AT 14303 60TH STREET
NORTH, BE APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received an application from Richard
Zimmerman for a Comprehensive Plan 2018 Amendment to change the land use
classification of Residential/Business Transitional use to Commercial at 14303 60th Street
North; and after having conducted a public hearing relative thereto,the Planning
Commission of Oak Park Heights recommended the application. The City Council of the
City of Oak Park Heights makes the following findings of fact and resolution:
1. The real property affected by said application is legally described as
follows,to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The Comprehensive Plan 2018 Proposed Land Use Map designated this
area as Residential/Business Transitional, but the visibility and access of the property
from Highway 36, as well as the commercial land use directly to the east of the subject
site are factors in considering a land use change; and
4. The site is to be rezoned B-2 General Business District concurrently with
the Comprehensive Plan 2018 Amendment for land use;and
5. The Zoning Ordinance provides adequate landscape and screening
measures to assure a proper land use transition from the commercial use to the low
density designated land use to the south and east; and
Page 26 of 144
6. City staff prepared a planning reports dated November 6,2025,November
20, 2025, and January 22, 2026,reviewing the request; and
7. The Planning Commission held a public hearing at their November 13,
2025,meeting, took comments from the applicants and public, closed the public hearing,
and recommended that the application be approved with conditions;and
8. The City Council reviewed the applications at their November 25, 2025,
meeting, and continued this matter to the January 27,2026, meeting. They asked that a
neighborhood meeting be held to discuss the Comprehensive Plan and Zoning Map
amendments as well as the Conditional Use Permit for the cannabis use. That meeting
was held on January 8, 2026.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES
THE FOLLOWING:
A. The application submitted by Richard Zimmerman for a Comprehensive Plan
2018 Amendment to change the land use classification of Residential/Business
Transitional to Commercial for 14303 60th Street North shall be submitted to the
Metropolitan Council for Administrative Review in that the change is minor and eligible
under the Local Planning Handbook qualifications for Metropolitan Council Staff review
and not review by the Council as a whole, and affecting the real property as follows:
SEE ATTACHMENT A
Approved by the City Council of the City of Oak Park Heights on this 27th day of
January 2026.
Chuck Dougherty,Mayor
ATTEST:
Jacob Rife, City Administrator
7
Page 27 of 144
ATTACHMENT A
Comprehensive Plan Amendment,
Rezoning From R-B, Residential/Business Transitional District
To B-2, General Business District
And
Conditional Use Permit
To Allow A Cannabis Retail Dispensary
St. Croix Cannabis Dispensary
14303 606 St. N.
Washington County Property Identification Number: 04.029.20.21.0005
Legal Description:
All that part of the Northeast Quarter of the Northwest Quarter (NE '/4 of NW 1/4 ) of Section
Four(4), Township Twenty-nine (29), Range Twenty (20), described as follows: Beginning at a
point on the South Right of Way line of State Trunk Highway No. 212, said point beginning One
hundred eighty-seven (187) feet East of the West line of the Northeast Quarter of the Northwest
Quarter(NE 'A of NW '/a) of said Section Four(4), thence South and parallel with the west line
of the Northeast Quarter of the Northwest Quarter (NE '/4 of NW 'A ) of said Section Four(4), a
distance of Two hundred (200)feet;thence East and parallel with the South Right of Way line of
State Trunk Highway No. 212, a distance of One hundred forty-five (145) feet; thence North and
parallel with the West line of the Northeast Quarter of the Northwest Quarter(NE 'A of NW 'A )
of said Section Fourt(4), a distance of Two hundred(200) feet to the South Right of Way of line
of State Trunk Highway No. 212; thence West on said Right of Way line of State Trunk
Highway No. 212 a distance of One hundred forty-five(145) feet to the place of beginning:
and also
subject to the restriction that no dwelling, house or other structure may be erected on the above
described land within a distance of One hundred thirty (130) feet south from the southern
boundary line of the concrete paving of State Highway No. 212, as the same now exists and is
laid out;
Subject to the restrictions that the above described 130 feet may not be used for commercial
purposes.
Page 28 of 144
ATTACHMENT B
-4 . .�
Conditional Use Permit
To Allow A Cannabis Retail Dispensary
St. Croix Cannabis Dispensary
14303 60th St. N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
Planning Commission Review & Recommendation: December 11, 2025
Conditional Use Permit-Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially taken on
the request, the conditional use permit shall become null and void twelve (12) months after the
date of approval, unless the property owner or applicant has substantially started the construction
of any building, structure, addition or alteration, or use requested as part of the conditional use.
An application to extend the approval of a conditional use permit shall be submitted to the
Zoning Administrator not less than thirty (30) days before the expiration of said approval.
(401.03.C.4.a and b)
Page 29 of 144
RESOLUTION NO. 26-01-
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY RICHARD ZIMMERMAN FOR A CONDITIONAL
USE PERMIT TO ALLOW A CANNABIS RETAIL DISPENSARY AT
14303 60TH STREET NORTH BE APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from Richard
Zimmerman of St Croix Cannabis (Applicant) for a Conditional Use Permit to allow a
cannabis retail dispensary at 14303 60`" Street North; and after having conducted a public
hearing relative thereto, the Planning Commission of Oak Park Heights recommended
that the application be approved with conditions. The City Council of the City of Oak
Park Heights makes the following findings of fact and resolution:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2. The Applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is currently designated as Residential/Business Transitional
on the 2018 Comprehensive Plan Land Use Map and is proposed to be redesignated as
Commercial; and
4. The property is currently zoned R-B, Residential/Business Transitional
District to be rezoned B-2 General Business District in which cannabis retailers is a listed
conditional use; and
5. Section 1413 of the City Code regulates the operation of cannabis and
hemp businesses, and Section 401.18 of the Zoning Ordinance addresses the zoning
requirements for cannabis and hemp business operations, and
Page 30 of 144
6. The dispensary will be in a freestanding commercial building with no
other tenants; and
7. Richard Zimmerman has received preapproval from the Minnesota Office
of Cannabis Management for a cannabis business license. The B-2 District only allows
for a cannabis retailer and no growing operations; and
8. Section 401.18 of the Zoning Ordinance provides minimum buffer
requirements, hours of operation, and regulations related to noise, odor, signage, lighting,
security, and outdoor use; and
9. The Applicant has provided information to confirm compliance with all
the provisions of Section 401.18 of the Zoning Ordinance; and
10. City staff prepared a planning reports dated November 6, 2025,November
20, 2025, and January 22, 2026, reviewing the request; and
11. The Planning Commission held a public hearing at their November 13,
2025, meeting,took comments from the applicants and public, closed the public hearing,
and recommended that the application be approved with conditions; and
12. The City Council reviewed the applications at their November 25, 2025,
meeting, and continued this matter to the January 27, 2026, meeting. They asked that a
neighborhood meeting be held to discuss the Comprehensive Plan and Zoning Map
amendments as well as the Conditional Use Permit for the cannabis use. That meeting
was held on January 8, 2026.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES
THE FOLLOWING:
A. The application submitted by Richard Zimmerman of St Croix Cannabis for a
Conditional Use Permit to allow a cannabis retail dispensary at 14303 60th Street North
and affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby approved by the City Council of the City of Oak Park Heights
with the following conditions:
1. The subject property is redesignated as Residential/Business Transitional on the
Comprehensive Plan Land Use Map and rezoned B-2 General Business District in
which cannabis retailers is a listed conditional use.
2. The business operations shall be limited to retail cannabis product sales with no
growing or manufacturing operations on site.
2
Page 31 of 144
3. The business shall not create noise carrying beyond the lot upon which the
business is located as specified in 401.18.B of the Zoning Ordinance.
4. Site Plan and Design Guideline review for changes to the site shall be required as
required by the Zoning Ordinance and determined by the City. A plan shall be
provided for the parking lot and driveway improvements subject to approval of
the City.
5. The business shall be ventilated so that odors cannot be detected by a person with
a normal sense of smell at the exterior of the facility or at any adjoining use or
property; the business shall not produce noxious or dangerous gases or odors or
otherwise create a danger to any person or entity in or near the facilities as
specified in 401.18.0 of the Zoning Ordinance.
6. The business hours of operation shall be limited to between 10:00 a.m. and 9:00
p.m., seven days a week as specified in 401.18.D of the Zoning Ordinance.
7. All signage shall comply with all sign requirements of 401.15.G and 401.18.E of
the Zoning Ordinance and a sign permit shall be required.
8. All site and sign lighting shall be shielded and angled in such a way as to prevent
light from spilling outside of the boundaries of the parcel(s) or premises or
directly focusing on any surrounding uses as specified in 401.15.B.7 and 401.18.F
of the Zoning Ordinance.
9. The Fire Chief and Police Chief shall review and approve the security plans
addressing public safety, and the business shall comply with all provisions of
Section 401.18.G of the Zoning Ordinance and the approved security plans.
10. All uses and activity shall be conducted indoors, with no exterior storage or
activity allowed as specified in 401.18.H of the Zoning Ordinance.
11. If traffic, parking or delivery issues develop in the immediate area that are
attributable to the proposed use, the Applicant may be required by the City to
implement traffic, parking or delivery control measures as determined by the
City. The Applicant agrees to a cost sharing of any traffic control implementation
on 60th Street North or Oldfield Avenue North required by the City.
12.Any mechanical equipment that is ground mounted or visible from adjacent
streets shall be screened as required by the Zoning Ordinance.
13. All trash and recycling shall be disposed of in the containers provided on site.
14. Any removal of trees or changes to the landscaping shall be subject to review and
approval of the City Arborist. Landscape or fence screening shall be required on
the west and south sides of the property as required by the Zoning Ordinance.
3
Page 32 of 144
Approved by the City Council of the City of Oak Park Heights this 27th day of January
2026.
Chuck Dougherty, Mayor
ATTEST:
Jacob Rife, City Administrator
4
Page 33 of 144
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
ORDINANCE NO. 2026-401-
AN ORDINANCE AMENDING SECTION 401.20.B,MAP OF THE ZONING
ORDINANCE TO REZONE 14303 60TH STREET NORTH FROM
RESIDENTIAL/BUSINESS TRANSITIONAL DISTRICT TO B-2 GENERAL
BUSINESS DISTRICT
THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS:
SECTION 1. The City Council of the City of Oak Park Heights has considered a request
to rezone a property parcel at 14303 60th Street North, legally described in Attachment A,
and makes the following findings and conclusions:
1. The proposed rezoning would facilitate development of the property for
general business use.
2. The City's Comprehensive Plan designates the property as
Residential/Business Transitional that will be re-designated as
Commercial. The proposed rezoning will be consistent with the official
Comprehensive Plan.
3. The City will review the land use designations and zoning classifications
in this immediate area to determine if additional land use and zoning
changes are necessary.
4. The property directly to the east is currently zoned as B-2 General
Business District.
5. Existing City services are sufficient to accommodate the proposed
development.
6. The traffic generated by the proposed development is within the
capabilities of the streets serving the area provided that the conditions
applicable to the approvals are followed.
7. The Planning Commission, after holding a public hearing, recommended
approval of the rezoning at their November 13, 2025, meeting.
SECTION 2: That Section 401.20.B Map of the Zoning Ordinance, City of Oak Park
Heights,Minnesota, is hereby amended to include the following:
Page 34 of 144
The following property shall be rezoned from Residential/Business Transitional
District to B-2 General Business District:
14303 60th Street North, legally described in Attachment A
SECTION 3. This Ordinance shall be in full force and effect upon its passage and
publication.
PASSED this 27th day of January 2026 by the City Council of the City of Oak
Park Heights.
CITY OF OAK PARK HEIGHTS
Chuck Dougherty, Mayor
ATTEST:
Jacob Rife, City Administrator
Page 35 of 144
RESOLUTION NO. 26-01-
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY RICHARD ZIMMERMAN FOR A
COMPREHENSIVE PLAN LAND USE MAP AMENDMENT TO
COMMERCIAL, REZONING TO B-2 GENERAL BUSINESS
DISTRICT, AND CONDITIONAL USE PERMIT TO ALLOW A
CANNABIS RETAIL DISPENSARY AT 14303 60TH STREET NORTH
BE DENIED
WHEREAS,the City of Oak Park Heights has received a request from Richard
Zimmerman of St Croix Cannabis (Applicant) for a Comprehensive Plan Land Use
Amendment to Commercial, rezoning to B-2 General Business District and a Conditional
Use Permit to allow a cannabis retail dispensary at 14303 60th Street North; and after
having conducted a public hearing relative thereto, the Planning Commission of Oak Park
Heights recommended that the application be approved with conditions. The City
Council of the City of Oak Park Heights makes the following findings of fact and
resolution:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2. The Applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is currently designated as Residential/Business Transitional
on the 2018 Comprehensive Plan Land Use Map and is proposed to be redesignated as
Commercial; and
4. The property is currently zoned R-B, Residential/Business Transitional
District to be rezoned B-2 General Business District in which cannabis retailers is a listed
conditional use; and
Page 36 of 144
5. The Comprehensive Plan includes the following goals and policies:
Land Use—Goals and Policies (Pages 50,and 51)
Goal 2: A cohesive land use pattern which ensures compatibility and strong
functional relationships among activities is to be implemented.
Policies:
A. Prevent over-intensification of land use development, that is, development which
is not accompanied by a sufficient level of supportive services and facilities
(utilities,parking, access, etc.).
Comment: The proposal to change the land use designation to Commercial would
not result in an over-intensification or impact to supportive services and facilities.
B. Examine requested land use changes in relation to adjoining land uses, site
accessibility, utility availability, and consistency with the Oak Park Heights
Comprehensive Plan and policies.
Comment: Based upon existing land uses, in particular, the low density single
family development to the south and west, the proposed change in land use is not
justified. Additionally, this amendment is not consistent with the Comprehensive
plan policies.
C. Attempt to make transitions between distinctly differing types of land uses in an
orderly fashion which does not create a negative (economic, social or physical)
impact on adjoining developments.
Comment: The land use plan map intentionally designated this area as
Residential/Business Transitional to provide a buffer between Highway 36/60t
Street North and the low density single family neighborhoods to the south. The
Residential/Business Transitional designation and zoning of this property was
intended to allow low intensity residential and office uses, not general
commercial.
D. Infill development of compatible land uses shall be strongly encouraged.
Comment: The proposed land use amendment and rezoning would allow for
retail and other higher intensity commercial uses that would not be compatible
with the low density neighborhood to the south.
E. Where practical, conflicting and non-complementary uses shall be eliminated
through removal and relocation.
2
Page 37 of 144
Comment: Continued use of this property for low intensity commercial and
residential uses through the Residential/Business Transitional designation is
appropriate and consistent with the Comprehensive Plan.
F. Encourage the development and redevelopment of under-utilized and substandard
property throughout the City.
Comment: The properties in this immediate area are underutilized and could be
reused or redeveloped into an appropriate Residential/Business Transitional land
use.
Land Use Compatibility—(page 66)
Land use compatibility concerns exist, primarily in the older sections of the community,
and where commercial development is adjacent to residential homes and neighborhoods.
High density residential or commercial development adjacent to single family
neighborhoods can intensify unwanted activity in the area and impose impacts on
parking,traffic and noise that may be uncharacteristic of single-family neighborhoods.
Additionally, the Comprehensive Plan calls for the proper transition between high and
low density residential development. The City, through its plan and Zoning Ordinance,
shall transition residential development so as not to create negative living environments.
Concentration of one type of housing style or density can also create issues for the proper
development of neighborhoods.
Comment: The use of the subject property for a commercial retail business does not
provide a reasonable transition from the low density neighborhood to the south and the
Highway 36 corridor to the north. The current designation provides the necessary buffer
for the neighborhood; and
6. Section 1413 of the City Code regulates the operation of cannabis and
hemp businesses, and Section 401.18 of the Zoning Ordinance addresses the zoning
requirements for cannabis and hemp business operations, and
7. The dispensary will be in a freestanding commercial building with no
other tenants; and
8. Richard Zimmerman has received preapproval from the Minnesota Office
of Cannabis Management for a cannabis business license. The B-2 District only allows
for a cannabis retailer and no growing operations; and
9. Section 401.18 of the Zoning Ordinance provides minimum buffer
requirements, hours of operation, and regulations related to noise, odor, signage, lighting,
security, and outdoor use; and
10. The Applicant has provided information to confirm compliance with all
the provisions of Section 401.18 of the Zoning Ordinance; and
3
Page 38 of 144
11. City staff prepared a planning reports dated November 6, 2025,November
20, 2025, and January 22, 2026,reviewing the request; and
12. The Planning Commission held a public hearing at their November 13,
2025, meeting,took comments from the applicants and public, closed the public hearing,
and recommended that the application be approved with conditions;and
13. The City Council reviewed the applications at their November 25, 2025,
meeting, and continued this matter to the January 27,2026, meeting. They asked that a
neighborhood meeting be held to discuss the Comprehensive Plan and Zoning Map
amendments as well as the Conditional Use Permit for the cannabis use. That meeting
was held on January 8, 2026.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL DENIES
THE FOLLOWING:
A. The application submitted by Richard Zimmerman of St Croix Cannabis for a
Comprehensive Plan Land Use Amendment to Commercial,rezoning to B-2 General
Business District and a Conditional Use Permit to allow a cannabis retail dispensary at
14303 60th Street North, and affecting the real property as follows:
SEE ATTACHMENT A
Be the same as hereby denied by the City Council of the City of Oak Park Heights with
the following findings of fact:
1. The proposal to change the land use classification to Commercial is not consistent
with the goals and policies of the 2018 Comprehensive Plan.
2. The land use plan map intentionally designated this area as Residential/Business
Transitional to provide a buffer between Highway 36/60th Street North and the
low density single family neighborhoods to the south. The Residential/Business
Transitional designation and zoning of this property was intended to allow low
intensity residential and office uses, not general commercial.
3. The use of the subject property for a commercial retail business does not provide
a reasonable transition from the low density neighborhood to the south and the
Highway 36 corridor to the north. The current designation provides the necessary
buffer for the neighborhood.
4. A retail cannabis shop would not be a reasonable land use adjacent to a single
family neighborhood.
5. The properties in this immediate area are underutilized and could be reused or
redeveloped into an appropriate Residential/Business Transitional land use.
4
Page 39 of 144
Denial of the application approved by the City Council of the City of Oak Park
Heights this 27th day of January 2026.
Chuck Dougherty,Mayor
A t tEST:
Jacob Rife, City Administrator
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CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
ORDINANCE AMENDMENT NO.2026-401-
AN ORDINANCE AMENDING SECTION -RESIDENTIAL-BUSINESS
TRANSITIONAL ZONING DISTRICT WITHIN THE ZONING CODE OF ORDINANCES.
WHEREAS,the City finds that an amendment to its Residential-Business Transitional(R-B)zoning district to
allow a limited category of low-impact retail business operations may help facilitate the redevelopment and return
to gainful use of certain parcels and properties within the R-B zone that have tended to remain vacant and
unutilized or underutilized for many years now;
WHEREAS,the purpose of the R-B zoning district is to provide a buffer o -r impact uses in areas of the City
that are near some long existing residential development,and the goal of this . •ment is to allow low-impact
retail operations that are deemed to be non-offensive and not overly burdensome . actful to the nearby
residential areas;
WHEREAS,a public hearing was properly published and noticed;and this zoning code dment was
considered by the City's Planning Commission and a public hearing held thereon by the Planning Commission on
February ,2026;
WHEREAS,the Planning Commission recommended adoption of this zoning code amendment by a vote of_
following consideration of all public input and discussion thereon;
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY,MINNESOTA
DOES ORDAIN AS FOLLOWS:
Section 1.Chapter 401 of the Zoning Code of Ordinances at Section 401.28.E.5 of the City of Oak Park Heights
is hereby amended to change the following language(additions in underline and deletions in stFiketlifeugh text):
Section 401.28.E. Conditional Uses:...
5.Retail commercial activities provided that:
a.Merchandise is sold at retail.
b. [RESERVEDI The retail activit„ located within struct„re whose p al of
c. The retail activity shall not
building include any of the following uses or characteristics:
i.Gas stations,car washes,automobile repair shops,oil change shops,tire change shops or other
similar business that involve tendencies for loud noise,oil,gasoline,or other potential pollutants or
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contaminations,underground storage tanks or similar concerns that may be detrimental to nearby
residential properties;
ii. Businesses with drive-thru vehicle service such as fast food or coffee shops;
iii.Business uses that generate significant amounts of external noise;
iv.Business uses that generate significant external odors;
v. Business operations that extend outside the hours of 9:00am to 9:00pm.
d.The retail activity is not located within a structure whose principal use is residential.
e.
The business shall be
allowed one monument sign,not to exceed eight(8)feet in height and one(1)wall sign,the aggregate
square footage of sign space shall not exceed forty(40)square feet. The signs shall not be illuminated
except by conditional use permit as provided for in Section 401.03 of this Ordinance.
f.Except as set forth above,No other signs or posters of any type advertising products for sale
shall be visible from the outside of the building.
g.The provisions of Section 401.03.A.8.of this Ordinance are considered and satisfactorily met.
Section 2.All other language and provisions in Chapter 401 related to Zoning remain unchanged.
Section 3.Effective Date.This ordinance becomes effective on the date of its passage and publication as required
by law.
Passed and adopted by the City Council of the City of Oak Park Heights,Washington County,Minnesota
this _day of February. 2026.
CITY OF OAK P HEIGHTS
Chuck Dougherty,Mayor
Attest:Jacob Rife,City Administrator
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