HomeMy WebLinkAbout2025-10-28 CC Resolution 25-10-33 C PY
RESOLUTION NO. 25-10-33
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 KEVIN PATTAH OF ABJKM HOLDINGS, LLC AND
BOUNDARY WATERS CAPITAL, LLC FOR A CONDITIONAL USE
PERMIT TO ALLOW A CANNABIS RETAIL DISPENSARY AT
14608 60TH STREET NORTH BE APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from Kevin Pattah of
ABJKM Holdings, LLC and Boundary Waters Capital, LLC (Applicant) for a
Conditional Use Permit to allow a cannabis retail dispensary at 14608 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-2 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 freestanding commercial building with no
other tenants; and
6. Boundary Waters Capital, LLC has received preapproval from the
Minnesota Office of Cannabis Management for a microbusiness license that includes a
retail endorsement. The definition of microbusiness allows for both growing and sales of
cannabis products. The B-2 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 October 1, 2025, and October
23, 2025, reviewing the request; and
10. The Planning Commission held a public hearing at their October 9, 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 Kevin Pattah of ABJKM Holdings, LLC and
Boundary Waters Capital, LLC (Applicant) for a Conditional Use Permit to allow a
cannabis retail dispensary at 14608 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. Site Plan and Design Guideline review for changes to the site shall be required as
required by the Zoning Ordinance and determined by the City.
4. The business shall be ventilated so that odors cannot be detected by a person with
a normal sense of smell at the exterior of the facility or at any adjoining use or
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property; the business shall not produce noxious or dangerous gases or odors or
otherwise create a danger to any person or entity in or near the facilities as
specified in 401.18.0 of the Zoning Ordinance.
5. The business hours of operation shall be limited to between 10:00 a.m. and 9:00
p.m., seven days a week as specified in 401.18.D of the Zoning Ordinance.
6. All signage shall comply with all sign requirements of 401.15.G and 401.18.E of
the Zoning Ordinance and a sign permit shall be required.
7. All lighting shall be shielded and angled in such a way as to prevent light from
spilling outside of the boundaries of the parcel(s) or premises or directly focusing
on any surrounding uses as specified in 401.15.B.7 and 401.18.F of the Zoning
Ordinance.
8. The Fire Chief and Police Chief shall review and approve the security plans
addressing public safety, and the business shall comply with all provisions of
Section 401.18.G of the Zoning Ordinance and the approved security plans.
9. All uses and activity shall be conducted indoors, with no exterior storage or
activity allowed as specified in 401.18.H of the Zoning Ordinance.
10. If traffic, parking or delivery issues develop in the immediate area that are
attributable to the proposed use, the Applicant may be required by the City to
implement traffic, parking or delivery control measures as determined by the
City.
11. Any mechanical equipment that is ground mounted or visible from adjacent
streets shall be screened as required by the Zoning Ordinance.
12. All trash and recycling shall be disposed of in the containers provided on site.
Approved by the City Council of the City of Oak Park Heights this 28th day of
October 2025.
Chuc u yor
ATTEST:
Jacob R' , City Administrator
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ATTACHMENT A
Conditional Use Permit
To Allow
ABJKM Holdings,LLC
To Operate A Cannabis Retail Dispensary
At
14608 60th St. N.
Washington County Property PIN: 33.030.20.43.0045
Legal Description:
PT OF BLKS 6 & 7 DESC AS COM ON THE N R/W LINE OF MN T.H. 212 DIST OF 425FT E OF W
LINE OF BLK 7 THEN N PARL WITH THE W LINE OF BLKS 6& 7 A DIST OF 300 FT TO A PT THEN
E PALR WITH N R/W LINE OF MN T.H. 212 DIST OF 105FT TO A PT THEN S PARL WITH THE W
LINE OF BLKS 6 & 7 TO THE NORTH R/W LINE OF MINN T.H. 212 A DIS OF 300 FT THEN WEST
ALONG THE NORTH R/W LINE OF MINN HWY 212 A DIS OF 105 FT TO PT OF BEG INC ALL VAC
STS EASE INC VACATED WILLIM ST SUBDIVISIONNAME SUMMIT PARK BLOCK 6
SUBDIVISIONCD 61245
ATTACHMENT B
Conditional Use Permit
To Allow
ABJKM Holdings,LLC
To Operate A Cannabis Retail Dispensary
At
14608 60th St. N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (350'/150' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
Planning Commission Public Hearing & Recommendation: October 9. 2025
Required Approvals: CUP Amendment
City Council 4/5
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)