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Home My WebLink About2026-01-13 CC Resolution 26-01-08 copy RESOLUTION NO.26-01-08 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 AGIL ELMATHIL OF HYMN LLC FOR A CONDITIONAL USE PERMIT TO ALLOW A CANNABIS RETAIL DISPENSARY AT 13999 60TH STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Agil Elmathil of HyMN LLC (Applicant) for a Conditional Use Permit to allow a cannabis retail dispensary at 13999 60th Street North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The Applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B-4 General Business District in which cannabis retailers is a listed conditional use; and 4. Section 1413 of the City Code regulates the operation of cannabis and hemp businesses, and Section 401.18 of the Zoning Ordinance addresses the zoning requirements for cannabis and hemp business operations, and 5. The dispensary will be in a multi-tenant building containing commercial and service use; and 6. HyMN LLC has received preapproval from the Minnesota Office of Cannabis Management for a mezzobusiness license that includes a retail. The definition +1 of mezzobusiness allows for both growing and sales of cannabis products. The B-4 District only allows for a cannabis retailer and no growing operations;and 7. Section 401.18 of the Zoning Ordinance provides minimum buffer requirements, hours of operation, and regulations related to noise, odor, signage, lighting, security, and outdoor use; and 8. The Applicant has provided information to confirm compliance with all the provisions of Section 401.18 of the Zoning Ordinance; and 9. City staff prepared a planning reports dated December 4, 2025, and January 8, 2026, reviewing the request; and 10. The Planning Commission held a public hearing at their December 11, 2025, meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Agil Elmathil of HyMN LLC (Applicant) for a Conditional Use Permit to allow a cannabis retail dispensary at 13999 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 business operations shall be limited to retail cannabis product sales with no growing or manufacturing operations on site. 2. The business shall not create noise carrying beyond the lot upon which the business is located as specified in 401.18.B of the Zoning Ordinance. 3. The business shall be ventilated so that odors cannot be detected by a person with a normal sense of smell at the exterior of the facility or at any adjoining use or property; the business shall not produce noxious or dangerous gases or odors or otherwise create a danger to any person or entity in or near the facilities as specified in 401.18.0 of the Zoning Ordinance. 4. The business hours of operation shall be limited to between 10:00 a.m. and 9:00 p.m., seven days a week as specified in 401.18.D of the Zoning Ordinance. 2 5. All signage shall comply with all sign requirements of 401.15.G and 401.18.E of the Zoning Ordinance and a sign permit shall be required. 6. All lighting shall be shielded and angled in such a way as to prevent light from spilling outside of the boundaries of the parcel(s) or premises or directly focusing on any surrounding uses as specified in 401.15.B.7 and 401.18.F of the Zoning Ordinance. 7. The Fire Chief and Police Chief shall review and approve the security plans addressing public safety, and the business shall comply with all provisions of Section 401.18.G of the Zoning Ordinance and the approved security plans. 8. All uses and activity shall be conducted indoors, with no exterior storage or activity allowed as specified in 401.18.H of the Zoning Ordinance. 9. If traffic, parking or delivery issues develop in the immediate area that are attributable to the proposed use, the Applicant may be required by the City to implement traffic, parking or delivery control measures as determined by the City. 10. Any mechanical equipment that is ground mounted or visible from adjacent streets shall be screened as required by the Zoning Ordinance. 11. All trash and recycling shall be disposed of in the containers provided on site. Approved by the City Council of the City of Oak Park Heights this l3t day of January 2026. Gam`" ,--- % Chuck ou , ayor ATTEST: 4c2..._ ._._:____ Jacob Rif , Coministrator i J 3 ATTACHMENT A � , •t, e Conditional Use Permit • To Allow A Cannabis Retail Dispensary HyMN LLC 13999 60th St. N. Washington County Property Identification Number: 05.029.20.11.0137 Legal Description: THAT PART OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 29 NORTH, RANGE 20, WEST, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SECTION 5, TOWNSHIP 29 NORTH, RANGE 20 WEST, AND RUNNING THENCE WESTERLY ALONG THE NORTH LINE OF SAID SECTION 5, A DISTANCE OF 157.00 FEET TO A POINT; THENCE SOUTH AND PERPENDICULAR TO SAID NORTH LINE OF SECTION 5, A DISTANCE OF 318.50 FEET; THENCE EAST AND PERPENDICULAR TO THE LAST DESCRIBED LINE, TO THE EAST LINE OF SAID SECTION 5, THE SAME BEING THE CENTERLINE OF THE SO-CALLED SPEED BOWL ROAD; THENCE NORTHERLY ALONG SAID EAST LINE OF SECTION 5 TO THE POINT OF BEGINNING. EXCEPTING THEREFROM PARCEL 330D AS SHOWN ON MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 82-18 SUBJECT TO THE RIGHT OF WAY OF 60TH STREET NORTH AND SUBJECT ALSO TO THE RIGHT-OF-WAY OF OAKGREEN AVENUE NORTH. ALSO EXCEPTING THAT PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 29 NORTH, RANGE 20 WEST, SHOWN AS PARCEL 218A ON MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT 82-117. SUBJECT TO AND TOGETHER WITH ANY OTHER VALID EASEMENTS, RESERVATIONS OR RESTRICTIONS. Section 05 Township 029 Range 020 ATTACHMENT B Conditional Use Permit To Allow A Cannabis Retail Dispensary HyMN LLC 13999 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)