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HomeMy WebLinkAbout2025-11-04 Fully Executed CUP to CA for Recording Julie Hultman From: Julie Hultman Sent: Friday, January 30, 2026 1:32 PM To: Kevin Sandstrom Subject: 14608 60thSt. N., OPH - CUP for Retail Cannabis Business Attachments: 2029_001.pdf Hello- Attached is the fully executed CUP for Boundary Waters Capital dba Mango Cannabis,for recording with Washington County. Thanks A bunch! Julie Hultman I Building Official Planning & Code Enforcement Office: 651.351.1661 1 Julie Hultman From: Julie Hultman Sent: Friday, January 30, 2026 1:30 PM To: lisa@dunaskiss.biz;val@acapulcomn.com Subject: 14608 60thSt. N., OPH - CUP for Retail Cannabis Business Attachments: 2029_001.pdf Hello Lisa and Val— Attached is the fully executed CUP that has been sent to Washington County for recording. This is for your files; no action is required. Have a great day! 0 Julie Hultman I Building Official Planning & Code Enforcement Office: 651.351.1661 1 NOTICE OF CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I, the undersigned being duly qualified and acting as Building Official for the City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document: Conditional Use Permit Allowing Retail Cannabis Business At 14608 W" St., N. City of Oak Park Heights with the original thereof on file at the offices of the City of Oak Park Heights, and that the same is a full, true, and complete copy of said document within the files of the City of Oak Park Heights. WITNESS my hand and the seal of the City of Oak Park Heights, this 30th day of January 2026. July ultman B. ing Official 6 ✓ ,rill;�6fl116ao V. CITY OF OAK PARK HEIGHTS CONDITIONAL USE PERMIT TO ALLOW RETAIL CANNABIS BUSINESS AT 14608 60TH STREET NORTH Planners File No.: 236.02 — 25.05 Date Approved: October 28, 2025 Date Issued: November 4, 2025 Legal Description: (Washington County Geo. Code: 33.030.20.43.0045) SEE ATTACHED EXHIBIT A Owner: L & F Holdings, LLC 706 Owens St N Stillwater, MN 55082 Applicants: Kevin Pattah ABJKM Holdings, LLC 231 Willits Alley Birmingham, MI 48009 Site Address: 14608 60th St. N Oak Park Heights, MN 55082 Boundary Waters Capital, LLC d/b/a Mango Cannabis 1945 Bloomfield Drive Bloomfield Twp, MI 48302 Present Zoning District: B-2 General Business District Permitted uses set forth in Ordinance 401 Section 401.18 I. CONDITIONAL USE PERMIT: The City of Oak Park Heights considered and approved an application from Kevin Pattah representing ABJKM Holdings, LLC for a Conditional Use Permit to allow for Boundary Waters Capital, LLC to operate a retail cannabis dispensary at 14608 60th Street North. The dispensary will be in an existing building. The applicants intend to remodel the existing building to meet their operational needs and to comply with all relevant standards and codes. The property is zoned B-2 General Business District in which cannabis retailers is a listed conditional use. The Applicant 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. The Applicants have confirmed that they intend to be limited to and only to sell cannabis products, and not to grow or manufacture cannabis products. .1 Planning Staff reviewed the application and prepared a planning report dated October 1, 2025, and the Planning Commission held a public hearing on October 9, 2025, and recommended approval with conditions. The City Council considered all materials, staff reports, and recommendations on October 28, 2025, and passed a Resolution approving the Conditional Use Permit as applied for subject to conditions as follows: 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 401.1813 of the Zoning Ordinance. 3. Site Plan and Design Guideline review for changes to the site shall be required as required by the Zoning Ordinance and determined by the City. 4. The business shall be ventilated so that odors cannot be detected by a person with a normal sense of smell at the exterior of the facility or at any adjoining use or property; the business shall not produce noxious or dangerous gases or odors or otherwise create a danger to any person or entity in or near the facilities as specified in 401.18C 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 401.18D 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 401.15.13.7 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 401.18.1-1 of the Zoning Ordinance. 10. If traffic, parking or delivery issues develop in the immediate area that are attributable to the Applicants' use, the Applicant may be required by the City to implement traffic, parking or delivery control measures as determined by the City. 11. Any mechanical equipment that is ground mounted or visible from adjacent streets shall be screened as required by the Zoning Ordinance. 12. All trash and recycling shall be disposed of in the containers provided on site. 13. Any other conditions of City Staff, the Planning Commission and the City Council. II. Reference Attachment: The report of the City Planner dated October 1, 2025, and all exhibits and site plans approved by the City Council are annexed hereto by reference as Exhibit B. I11. Abandonment: This permit requires continuous use in order to preserve the Conditional Uses granted by the City under the terms hereof. Any discontinuation or abandonment of the uses permitted hereunder upon the site for a period of 12 continuous months shall void the permit. IV. Annual review: An annual review is not imposed as a condition of this permit. IN WITNESS WHEREOF, the parties have set forth their hands and seals. CITY OF OAK PARK HEIGHTS Date: B Chuc4 perty,�-Mfayor Date: D ZDZ(o By: Jaco e. City Administrator PROPERTY OWNER — L & F HOLDINGS, LLC Date: 22 01 2026 BY: �. 36ilMeon, wnerr� APPLICANT — ABJKM HOLDINGS, LLC f.]<ite: Zo Zb By: Kevin' attah, CEO APPLICANT — BOUNDARY WATERS CAPITAL, LLC Date: I I iz I aE By:J, �y an Pattah, CEO This instrument drafted by: Eckberg Lammers, P.C. (KSS) 1809 Northwestern Avenue Stillwater, MN 55082 EXHIBIT A LEGAL DESCRIPTION Parcel A: All that part of Blocks 6 and 7, and all that part of the parcel platted as Willim Street, all in the recorded plat of SUMMIT PARK, Washington County, Minnesota, described as follows: to -wit: Commencing at a point on the northerly right of way line of Minnesota Trunk Highway No. 36, (formerly Minnesota Trunk Highway No. 212) as said right of way is described on Final Certificate recorded in Book 261 of Deeds, Page 373, said point being a distance of 200.00 feet East of the West line of said Block 7, SUMMIT PARK; thence easterly along said northerly right of way line 225.00 feet to the point of beginning of the parcel being described; thence northerly along a line parallel with the westerly lines of said Blocks 6 and 7, SUMMIT PARK, and along a line hereinafter referred to as "Line A", 160.03 feet, more or less, to a point on the southerly line of Lot 2, Block One of the recorded plat of HEIGHTS BUSINESS PARK, Washington County, Minnesota, as the same is surveyed and monumented, said point being the end of "Line A" being described; thence easterly along said southerly line of Lot 2, Block One, HEIGHTS BUSINESS PARK, as surveyed and monumented, 0.04 feet, more or less, to the southeasterly corner thereof, thence northerly along the easterly line of said Lot 2, Block One, HEIGHTS BUSINESS PARK, 139.99 feet, more or less, to the southwesterly corner of Lot 1 of said Block One, HEIGHTS BUSINESS PARK as the same is surveyed and monumented; thence easterly along the southerly line of said Lot 1, Block One, HEIGHTS BUSINESS PARK, as the same is surveyed and monumented, 105.01 feet, more or less to the easterly line of the West 530.00 feet of said Block 6, SUMMIT PARK, thence southerly along a line parallel with the westerly lines of said Blocks 6 and 7, SUMMIT PARK, 523.76 feet, more or less, to the southerly line of said Block 7; thence westerly along said southerly line of Block 7 a distance of 105.04 feet, more or less, to its intersection with a southerly projection of the before described "Line A"; thence northerly along said projected line, 224.81 feet, more or less, to the point of beginning. Together with a non-exclusive easement for ingress and egress only, with no parking permitted, over the East Thirty (30) feet of the following described property: All that part of Blocks Six (6) and Seven (7), and all that part of the parcel platted as Willim Street, SUMMIT PARK, according to the plat thereof on file and of record in the office of the County Recorder in and for Washington County, Minnesota, described as follows, to -wit: Commencing at a point on the northerly right of way line of Minnesota Trunk Highway No. 36, (formerly Minnesota Trunk Highway No. 212), as said right of way is described on Final Certificate recorded in Book 261 of Deeds, Page 373, said point being a distance of 200.00 feet East of the West line of said Block Seven (7), SUMMIT PARK; thence north parallel with the West lines of said Blocks Six (6) and Seven (7), SUMMIT PARK, a distance of Three hundred (300) feet to a point; thence East and parallel with said northerly right of way line of Minnesota Trunk Highway No. 36 a distance of Two hundred twenty-five (225) feet to a point; thence South parallel with the West lines of Blocks Six (6) and Seven (7) a distance of Three hundred (300) feet, more or less, to a point on said northerly right of way line of Minnesota Trunk Highway No. 36; thence West along said northerly right of way line a distance of Two hundred twenty-five (225) feet, more or less, to the point of beginning. Parcel B: Appurtenant easements as contained in Declaration of Easement and Restrictive Covenant dated August 17, 2012, filed September 12, 2012 as Document Number 3905920. PID: 33.030.20.43.0045 EXHIBIT B PLANNER'S REPORT AND SITE PLAN 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPCTPCgPlanningCo.com PLANNING REPORT TO: Jacob Rife FROM: Scott Richards DATE: October 23, 2025 RE: Oak Park Heights — Conditional Use Permit for a Cannabis Retail Dispensary — 14608 60th Street North TPC FILE: 236.02 — 25.05 BACKGROUND Kevin Pattah of ABJKM Holdings, LLC (Owner) / Boundary Waters Capital LLC (Applicant) has made application for a Conditional Use Permit for a cannabis retail dispensary at 14608 60th Street North. The retail dispensary will be in the Joseph's restaurant space, where it is proposed to occupy the entire building. It is expected that the restaurant will move to a different location in the area. The business would be known as Mango Cannabis. 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 October 9, 2025, meeting held a public hearing and recommended the application for the Conditional Use Permit with conditions. The review is based upon the following submittals: Exhibit 1: Planning Report with Exhibits — October 1, 2025 PROJECT DESCRIPTION The project narrative is found in Exhibit 1. The introduction to the narrative that provides an overview is as follows: ABJKM is the real estate holding company that currently holds the lease with an option to buy agreement with L&F Holdings LLC for the property located at 14608 60th Street North Oak Park Heights, Minnesota. It is our understanding that the Conditional Use Permit stays with the property for at least one year and as such will remain in effect Page 44 of 57 while ABJKM Holdings completes the required construction updates laid out in our site plans. Boundary Waters Capital, LLC will be the licensee holder at the same property, holds a preliminary approval, and will lease the property from the real estate holding company once all OCM and Oak Park Heights requirements are met including completion of upgrades and gaining a full license from OCM, Boundary Waters Capital LLC has submitted a retail registration to the City of Oak Park Heights with the understanding that it will not be processed until the CUP is approved by the City Council. The business will operate responsibly and professionally, with a strong emphasis on community safety, regulatory compliance and minimal impact on surrounding properties. CONCLUSION / RECOMMENDATION The City Council should consider the application for a Conditional Use Permit to allow a cannabis retail dispensary at 14608 60'" Street North. If the City Council is favorable to the request, it should consider the following conditions below and in the draft Resolution: 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 401.18.13 of the Zoning Ordinance. 3. Site Plan and Design Guideline review for changes to the site shall be required as required by the Zoning Ordinance and determined by the City. 4. The business shall be ventilated so that odors cannot be detected by a person with a normal sense of smell at the exterior of the facility or at any adjoining use or property; the business shall not produce noxious or dangerous gases or odors or otherwise create a danger to any person or entity in or near the facilities as specified in 401.18.0 of the Zoning Ordinance. 5. The business hours of operation shall be limited to between 10:00 a.m. and 9:00 p.m., seven days a week as specified in 401.18.D of the Zoning Ordinance. 6. All signage shall comply with all sign requirements of 401.15.G and 401.18.E of the Zoning Ordinance and a sign permit shall be required. 7. All lighting shall be shielded and angled in such a way as to prevent light from spilling outside of the boundaries of the parcel(s) or premises or directly focusing on any surrounding uses as specified in 401.15.13.7 and 401.18.E of the Zoning Ordinance. 2 Page 45 of 57 8. The Fire Chief and Police Chief shall review and approve the security plans addressing public safety, and the business shall comply with all provisions of Section 401.18.G of the Zoning Ordinance and the approved security plans. 9. All uses and activity shall be conducted indoors, with no exterior storage or activity allowed as specified in 401.18.H of the Zoning Ordinance. 10.If traffic, parking or delivery issues develop in the immediate area that are attributable to the proposed use, the Applicant may be required by the City to implement traffic, parking or delivery control measures as determined by the City. 11.Any mechanical equipment that is ground mounted or visible from adjacent streets shall be screened as required by the Zoning Ordinance. 12.All trash and recycling shall be disposed of in the containers provided on site. 13.Any other conditions of City Staff, the Planning Commission and the City Council. C: Julie Hultman 3 Page 46 of 57 Comment #1— Provided to Planning Commission at their 10/09/25 meeting From: Donae Gustafson Subject: Marijuana dispensary Date: October 7, 2025 at 3:54:14 PM CDT To: I h o I tma n Ccr7 cityofoa kpa rkhei p h is.can t Cc: Donae Gustafson Hello Julie Holtman, This email is pursuant to our recent phone conversation. I oppose the opening of a marijuana dispensary in the building, which had been Josephs Restaurant. We already have 2 facilities of that nature in close proximity to the NuView building that my psychological clinic is within and also Youth Service Bureau, at 6120 Oren Ave. N.. Both practices are instrumental in being helpful to clients with substance abuse and mental health concerns. In my opinion, as a mental health provider, we are overloaded with dispensaries in such close proximity. I vote No to granting permission to allow yet another dispensary opening up within blocks of each others, and especially not next to 2 healing clinics that treat mental health and substance abuse issues. We already have a dispensary across the street of an Adolescent Chemical Dependency Treatment Center, which is close to the Lucky's gas station. Also, we have a homeless shelter opening up close to the already existing marihuana dispensaries, and we have evidence that at least 25% in homeless shelters, emergency shelters are wrestling with serious substance abuse. I plan on coming to the meeting on Thursday evening and I wish we would have gotten notice sooner. Can we at least post pone this and see how the other 2 close dispensaries affect the community? When I google negative consequences of such an establishment, google stated crime goes up by them. We must ask ourselves, does such an establishment contribute positively to the culture for Oak Park Heights? Dr. Donae Gustafson Clinical Psychologist. Page 47 of 57 Comment #2 - Provided to Planning Commission at their 10/09/25 meeting From: Chris Addington Sent: Thursday, October 9, 2025 11:04 AM To: Jacob Rife<JRife@citvofoakparkheights.com> Subject: Planning Commission meeting 10-9-25 To Whom it May Concern, I am a Registered Nurse double Board certified in Emergency Room and Operating Room Nursing with multiple degrees. Knowing my background, I sincerely hope you will take my comments into serious consideration. I am unable to attend the meeting tonight as I just found out about this issue and could not cancel my other plans. I am expressing opposition to granting any permits for marijuana dispenseries in the proposed locations. I know the laws though and am not reinventing the wheel by discussing why recreational marijuana should not have been legalized. Although all professional medical organizations have stated their opposition to recreational marijuana. My objection is the poor choices of locations. Being near a homeless shelter, 2 prisons, mental health clinics, a hospital, schools and churches is not an appropriate place. To say nothing of being so close to a family friendly community to raise children. Grant the permit if you must but not in the locations requested. Please consider the negative complications making any decisions and the future of the wonderful city of Oak Park Heights. Allowing the financial gain from the business owner requesting appears to take precedence over the Mission Statement of Oak Park Heights. Businesses near will also be impacted. Please consider other locations. Residents of Oak Park Heights need to have involvement in this issue. No one seems to know about it. It will impact them greatly. And please do not grant the 4 you are allowed to. 1 is enough. Thank you for you consideration. Sincerely, Chris Addington Baytown Township Page 48 of 57 Comments Received following Planning Commission Public Hearing. Comment #3 -----Original Message ----- From: Jennifer Pinski <jpinski@cityofoakparkheights.com> Sent: Friday, October 10, 2025 1:29 PM To: Jacob Rife <JRife@cityofoakparkheights.com> Cc: Julie Hultman <jhultman@cityofoakparkheights.com> Subject: FW: Public Comment -----Original Message----- YourSite has received new information through a form. Form: Contact Us Site URL: www.cityofoakparkheights.com Name: Vickie Gacke Street Address: 13964, 56th Street North Question or Comment: I am writing about the cannabis sight at Joseph's. As a tax payer and resident of this city we are firmly against this. It's not a positive family environment to bring into our city. Please pass this along to all. Comment #4 From: Jennifer Pinski <jpinski@cityofoakparkheights.com> Sent: Friday, October 10, 2025 1:53 PM To: Jacob Rife <JRife@cityofoakparkheights.com> Cc: Julie Hultman <jhultman@cityofoakparkheights.com> Subject: FW: Public Comment -----Original Message----- YourSite has received new information through a form. Form: Contact Us Site URL: www.cityofoakparkheights.com Name: Dick Gacke Street Address: 13964 56th ST N Question or Comment: Please pass this to the Planning commission. I am not in favor of the cannibis request for Joseph's building. We DO NOT need this in our community. Page 49 of 57 Comment #S From: Jennifer Pinski <jpinski@cityofoakparkheights.com> Sent: Monday, October 13, 2025 10:53 AM To: Jacob Rife <JRife@cityofoakparkheights.com> Cc: Julie Hultman <jhultman@cityofoakparkheights.com> Subject: FW: Public Comment - Cannabis -----Original Message----- YourSite has received new information through a form. Form: Contact Us Site URL: www.citvofoakPaFkheights.com Name: Mary Holbrook Street Address: 4440 McDonald Dr. Ct. N. Phone No.: Email Address: Question or Comment: We are writing to inform you that as residents of this community we do not support bringing a Cannibis business into Oak Park. It does not support a family friendly environment to anyone in this community. Please do not support it! Comment #6 (Duplicate of Comment #2 From Same Commenter) From: Chris Addington Sent: Saturday, October 18, 2025 7:19 PM To: Jacob Rife <JRife@cityofoal<oarkheights,com> Subject: Re: Planning Commission meeting 10-9-25 CHRISADDINGTON R.N. BS, CNOR On Thu, Oct 9, 2025, 11:03 AM Chris Addington wrote. - To Whom it May Concern, I am a Registered Nurse double Board certified in Emergency Room and Operating Room Nursing with multiple degrees. Knowing my background, I sincerely hope you will take my comments into serious consideration. I am unable to attend the meeting tonight as I just found out about this issue and could not cancel my other plans. I am expressing opposition to granting any permits for marijuana dispenseries in the proposed locations. I know the Laws though and am not reinventing the wheel by discussing why recreational marijuana should not have been Legalized. Although all professional medical organizations have stated their opposition to recreational marijuana. My objection is the poor choices of Locations. Being near a homeless shelter, 2 prisons, mental health clinics, a hospital, schools and churches is not an appropriate place. To say nothing of being so close to a family friendly community to raise children. Grant the permit Page 50 of 57 if you must but not in the locations requested. Please consider the negative complications making any decisions and the future of the wonderful city of Oak Park Heights. Allowing the financial gain from the business owner requesting appears to take precedence over the Mission Statement of Oak Park Heights. Businesses near will also be impacted. Please consider other locations. Residents of Oak Park Heights need to have involvement in this issue. No one seems to know about it. It will impact them greatly. And please do not grant the 4 you are allowed to. 1 is enough. Thank you for you consideration. Sincerely, Chris Addington Baytown Township Page 51 of 57 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 601" 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: I. 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 Page 52 of 57 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 601h Street North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The 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 2 Page 53 of 57 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 401.18.1-1 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 281h day of October 2025. ATTEST: Jacob Rife, City Administrator Chuck Dougherty, Mayor 3 Page 54 of 57 ATTACHMENT B Conditional Use Permit To Allow ABJKM Holdings, LLC To Operate A Cannabis Retail Dispensary At 14608 601' 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) Page 55 of 57 ATTACHMENT A Conditional Use Permit To Allow ABJKM Holdings, LLC To Operate A Cannabis Retail Dispensary At 14608 601h 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 Page 56 of 57 TPC3601 Thurston Avenue N, Suite 100 Enclosure 3 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPC@PlanningCo.com PLANNING REPORT TO: Jacob Rife FROM: Scott Richards DATE: October 1, 2025 RE: Oak Park Heights — Conditional Use Permit for a Cannabis Retail Dispensary — 14608 60th Street North TPC FILE: 236.02 — 25.05 BACKGROUND Kevin Pattah of ABJKM Holdings, LLC (Owner) / Boundary Waters Capital LLC (Applicant) has made application for a Conditional Use Permit for a cannabis retail dispensary at 14608 60th Street North. The retail dispensary will be in the Joseph's restaurant space, where it is proposed to occupy the entire building. It is expected that the restaurant will move to a different location in the area. The business would be known as Mango Cannabis. Section 1413 of the City Code regulates the operation of cannabis and hemp businesses, and Section 401.18 of the Zoning Ordinance addresses the zoning requirements for cannabis and hemp business operations. The review is based upon the following submittals: Exhibit 1: Project Narrative Exhibit 2: Preliminary License Approval — Minnesota Office of Cannabis Management — June 6, 2025 Exhibit 3: Location Map Exhibit 4: Floor Plan Exhibit 5: Cannabis Sales Buffer Map — City Wide Exhibit 6: Section 401.18 — Cannabis Business and Hemp Business Operations - Zoning Ordinance PROJECT DESCRIPTION The project narrative is found as Exhibit 1. The introduction to the narrative that provides an overview is as follows: ABJKM is the real estate holding company that currently holds the lease with an option to buy agreement with L&F Holdings LLC for the property located at 14608 60th Street North Oak Park Heights, Minnesota. It is our understanding that the Conditional Use Permit stays with the property for at least one year and as such will remain in effect while ABJKM Holdings completes the required construction updates laid out in our site plans. Boundary Waters Capital, LLC will be the licensee holder at the same property, holds a preliminary approval, and will lease the property from the real estate holding company once all OCM and Oak Park Heights requirements are met including completion of upgrades and gaining a full license from OCM, Boundary Waters Capital LLC has submitted a retail registration to the City of Oak Park Heights with the understanding that it will not be processed until the CUP is approved by the City Council. The business will operate responsibly and professionally, with a strong emphasis on community safety, regulatory compliance and minimal impact on surrounding properties. ISSUES ANALYSIS Adjacent Uses. Uses adjacent to the subject site include Highway 36 to the south, 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-2 General Business District. Section 401.30.E.12 of the Zoning Ordinance lists cannabis retailers as a conditional use in the B-2 General Business District. Boundary Waters Capital LLC 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 B-2 District only allows for a cannabis retailer 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.). 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. The Applicant has provided the following comments regarding land use and the conditional use permit: • The proposed facility meets all zoning and buffering requirements set by local ordinance. • The property's main road location, ample parking, and commercial zoning make it compatible with surrounding land uses. ■ With limited hours, strict access controls, and a professional security plan, the facility will not negatively impact neighboring properties, public parks, or community resources. ® All exterior modification to the building wall will obtain the necessary permits and approvals from the city of Oak Park Heights in accordance with the standards and conditions of the B-2 General Business District. 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 second application for this type of business in the City, and Section 1413.08 limits the number of cannabis businesses to four. Cannabis Businesses and Hemp Businesses. Section 401.18 of the Zoning Ordinance provides minimum buffer requirements, hours of operation, and regulations related to noise, odor, signage, lighting, security, and outdoor use. A review of those requirements is as follows: Minimum Buffer Re uirements. 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 3 closed part of the principal daycare building, residential treatment facility and/or attraction within a public park. Comment: The buffer map attached as Exhibit 5 show 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 401.18.0 of the Zoning Ordinance provides the following requirement: Cannabis Businesses and Hemp Businesses shall be ventilated so that all odors cannot be detected by a person with a normal sense of smell at the exterior of the facility or at any adjoining use or property, they shall not produce noxious or dangerous gases or odors or otherwise create a danger to any person or entity in or near the facilities. Comment: This will be a condition of approval. Hours of Operation. Section 401.18.D of the Zoning Ordinance provides the following requirement: 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. 4 Comment: A sign plan is discussed in the project narrative. The signs will need to comply with all sign requirements, and a sign permit will be required. This will be a condition of approval. Lighting Section 401.18.E of the Zoning Ordinance provides the following requirement: All lighting shall be shielded and angled in such a way as to prevent light from spilling outside of the boundaries of the parcel(s) or premises or directly focusing on any surrounding uses. Comment. A lighting plan has been provided in the project narrative. All light fixtures shall be full cut off and consistent with Section 401.15.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 discusses the security plan. The security plan shall be subject to the review and approval of the Police Chief and will be a condition of approval. Outdoor Use. Section 401.18.1-1 of the Zoning Ordinance provides the following requirement: All uses and activity shall be conducted indoors, with no storage or activity allowed. Comment. This will be a condition of approval. Site Plan/Design Guidelines Review. At this time the Applicant is not pursuing changes related to site plan or building Design Guidelines review. They have indicated that if changes to the site or building are necessary, they will pursue an application for Site Plan/Design Guidelines review. Parking. Section 401.15.F.9 of the Zoning Ordinance requires one spaces per each 400 square feet of floor area for a building for a retail use. The parking calculation for this site is as follows: 4,880 square feet x .9 = 4,392 square feet / 400 = 11 Stalls The building requires 11 stalls. The site currently has approximately 60 parking spaces. There is a surplus of parking. In that no changes are to be made to the site or to the building at this time, no process is required. If Design Guidelines and Site Plan review is required at a later date with anticipated updates, the parking will be reviewed again. Tree Preservation/Landscaping. There will be no change to the site landscaping with this application. Grading and Drainage. There will be no change to the grading and drainage of the site. Utilities. There will be no impact on the utilities of the site. Mechanical Equipment. There will be no alteration of the building mechanical equipment to accommodate this use. Trash/Recycling. The Applicant shall indicate how trash storage and recycling is handled at this site. CONCLUSION / RECOMMENDATION Subject to the preceding review, City staff recommends the Planning Commission consider the Conditional Use Permit application for a cannabis retail dispensary at 14608 60th Street North, subject to 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 401.18.13 of the Zoning Ordinance. 3. Site Plan and Design Guideline review for changes to the site shall be required as required by the Zoning Ordinance and determined by the City. 4. The business shall be ventilated so that odors cannot be detected by a person with a normal sense of smell at the exterior of the facility or at any adjoining use or property; the business shall not produce noxious or dangerous gases or odors or otherwise create a danger to any person or entity in or near the facilities as specified in 401.18.0 of the Zoning Ordinance. 5. The business hours of operation shall be limited to between 10:00 a.m. and 9:00 p.m., seven days a week as specified in 401.18.D of the Zoning Ordinance. 6. All signage shall comply with all sign requirements of 401.15.G and 401.18.E of the Zoning Ordinance and a sign permit shall be required. 7. All lighting shall be shielded and angled in such a way as to prevent light from spilling outside of the boundaries of the parcel(s) or premises or directly focusing on any surrounding uses as specified in 401.15.13.7 and 401.18.F of the Zoning Ordinance. 0 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 401.18.1-1 of the Zoning Ordinance. 10.If traffic, parking or delivery issues develop in the immediate area that are attributable to the proposed use, the Applicant may be required by the City to implement traffic, parking or delivery control measures as determined by the City. 11.Any mechanical equipment that is ground mounted or visible from adjacent streets shall be screened as required by the Zoning Ordinance. 12.All trash and recycling shall be disposed of in the containers provided on site. 13.Any other conditions of City Staff, the Planning Commission and the City Council- C.- Julie Hultman 7 Exhibit 1 ABJMK Holdings LLC Project Narrative — Retail Cannabis Facility Overview ABJKM Holdings is the real estate holding company that currently holds a lease with option to buy agreement with L & F Holdings LLC for the property located at 14608 60"' St N Oak Park Heights Minnesota. It is our understanding that the Conditional Use Permit stays with the property for at least one year and as such will remain in effect while ABJKM Holdings completes the required construction updates laid out in our site plans. Boundary Waters Capital, LLC will be the licensee holder at the same property, holds a preliminary approval, and will lease the property form the real estate holding company once all OCM and Oak Park Heights requirements are met including completion of upgrades and gaining a full license from OCM. Boundary Waters Capital LLC has submitted a retail registration to the city of Oak Park Heights with the understanding that it will not be processed until the CUP is approved by the city council. The business will operate responsibly and professionally, with a strong emphasis on community safety, regulatory compliance, and minimal impact on surrounding properties. Hours of Operation • Seven days per week: 10:00 AM — 9:00 PM • Consistent hours reduce late -night traffic and provide predictability for both customers and neighbors. • Deliveries and service vehicles will only occur during business hours. Employment • Initial Staffing: 8-10 employees (including retail, security, and management). ■ Future Growth: 15-18 employees by Year Three. • Employees will undergo background checks, fingerprinting, and OCM-mandated compliance training. • Employment will provide stable jobs for local residents and contribute to the local economy. Customer Transactions & Traffic Management • Expected 80-120 transactions per day during the first year. • Customers will be verified at entry using valid, government -issued identification to ensure compliance with age restrictions. • Customer access will be limited to the lobby and retail sales floor. • Adequate on -site parking is available to prevent overflow into residential areas. • Operations are designed to avoid traffic congestion and will comply with all city parking and circulation standards. Cash Management • Daily reconciliation of all sales and cash by dual staff. • Cash stored in commercial -grade safes in restricted access areas. • Deposits conducted regularly through financial institutions or licensed armored transport. • Policies minimize the risk of theft and ensure accountability. Security Plan The facility will implement a comprehensive security system in compliance with OCM protocols (MINN. STAT. 342.27.9 and 342.24.6) and Oak Park Heights Ordinance No. 2024-401-03 Key Components: 1. 24/7 Surveillance: o Digital video cameras monitor interior and exterior, including entries/exits, parking, restricted areas, and storage. o Recordings retained for a minimum of 90 days. 2. Alarm System: o Motion sensors, glass -break detectors, panic buttons, and professionally monitored alarms. o Backup power to maintain security during outages. 3. Access Control: o Employees issued electronic keycards with role -specific access. o Visitor protocol includes ID verification, log -in, visitor badges, and escorted movement. 4. Perimeter Security: o Reinforced doors/locks and well -lit parking and entryways. o Knox Box for emergency responder access. Secure Storage: o Cannabis and cash stored in restricted access rooms located at the building's center. o Continuous monitoring by surveillance and alarms. 6. Incident Reporting: o Any theft, diversion, or suspicious activity reported immediately to law enforcement and the OCM. Lighting and Sign Plan Lighting Plan The facility's exterior and parking areas will be illuminated in a manner that ensures safety and security while minimizing impact on adjacent properties and public rights -of -way. • Shielded Fixtures: All exterior lighting will be fully shielded and downward -facing to eliminate glare and light spillage beyond the property boundaries. ■ Angled Positioning: Fixtures will be angled appropriately to provide adequate illumination of entryways, sidewalks, and parking areas while preventing light trespass onto neighboring properties. • Even Distribution: Lighting levels will comply with municipal standards and provide uniform illumination without excessive brightness. • Security Integration: Lighting will be coordinated with security cameras to enhance visibility of monitored areas. • Maintenance: Fixtures will be regularly maintained to ensure effective operation and compliance with city requirements. Sign Plan The signage for the facility will comply fully with Oak Park Heights City Ordinance Sections 410.15.G.8.d.1 and 410.15.G.8.d.2.d. • Content Restrictions: o Signs will contain only words and will not display images, depictions, or symbols of cannabis, cannabis products, paraphernalia, or related logos. o No slang, promotional graphics, or imagery suggesting cannabis consumption will be used. • Design and Placement: o Signs will be professional, modest in scale, and integrated into the building design. o Placement will comply with city requirements for location, height, and visibility. • Illumination: o If illuminated, signs will use shielded, externally lit fixtures to prevent glare or light spillage onto adjacent properties. o No flashing, moving, or digital signs will be used. Land Use Compatibility • The proposed facility meets all zoning and buffer requirements set by local ordinance. • The property's main road location, ample parking, and commercial zoning make it compatible with surrounding land uses. • With limited hours, strict access controls, and a professional security plan, the facility will not negatively impact neighboring properties, public parks, or community resources. • All exterior modification to the building will obtain the necessary permits and approvals from the city of Oak Park Heights in accordance with the standards and conditions of the B-2 General business district. 11 Conclusion ABJKM Holdings LLC and Boundary Waters Capital, LLC are committed to operating a secure, compliant, and community -conscious cannabis retail facility. The project will provide new employment opportunities, generate tax revenue for the City of Oak Park Heights, and serve as a responsible operator that prioritizes public safety and compliance with all OCM and municipal requirements. Exhibit 2 Outlook FW: Congratulations on receiving a preliminary license approval for MICRO-A25-001031 From Jon <boundarywaterscapitalllc@gmail.com> Date Mon 6/9/2025 8:36 AM To Kimura Mercer <k.mercer@vicentellp.com>; Jerrico Perez <j.perez@vicentellp.com>; kevin@mangocannabis.com <kevin@mangocannabis.com> Some people who received this message don't often get email from boundarywaterscapitalllc@gmail.com. Learn why this is important Get Outlook for Mac From: OCM_NOREPLY@accela.com <OCM_NOREPLY@accela.com> Date: Friday, June 6, 2025 at 2:01 PM To: BoundaryWatersCapitalLLC@gmail.com<BoundaryWatersCapitalLLC@gmail.com> Subject: Congratulations on receiving a preliminary license approval for MICRO-A25-001031 Dear Jonathon Marvin Pattah, We are pleased to inform you that you have received preliminary license approval. Please note that you have 18 months to obtain a cannabis business license upon receiving this notification. Please be aware this notice does not convey license approval. Your application is moving forward, but you are not yet authorized to conduct any of the activities for any license type. To continue the process and receive your license, you must first complete the following steps: 1. Engage with local governments. Begin discussions with your local government early to understand and meet all local requirements, including zoning, any necessary conditional use permits, and retail registration (if applicable). You must secure a physical location that complies with local zoning ordinances and update your application documents showing you are compliant with all local requirements. You are strongly encouraged to do this at the earliest stage possible before you invest in any location. 2. Submit final documents. Preliminarily approved applicants will submit final application materials to OCM when they can demonstrate compliance with all applicable rules. The materials include details about the site location, final operational documentation, and documentation of any ownership changes, and are referred to as final plans of record. Links to complete online fillable forms that will make up your final plans of record are at: https: mn.gov ❑cm businesses licensing final-plan-of-record.jsp. 3. Once you have completed and submitted the online forms, you will receive PDFs of your final plans of record via email that must be uploaded to the Office of Cannabis Management (OCM) through Accela. OCM will forward your application to the local government indicated on your application. 4. Local government zoning compliance certification. Local governments have 30 days to certify that your application complies with zoning and land use ordinances. Important: be sure to engage early with your local government so that you understand their timelines and process for local zoning compliance certification. OCM recommends that preliminarily approved applicants wait until all the required items for local approval have been met with their local government before they submit their site registration. Additionally, be sure to remain in close communication with the local government to ensure that they are prepared to review the application. Please review the guidance for local governments regarding zoning compliance certification located here: https: mn.gov/ocm/local-governments/localgovs.iap for awareness on what local governments will be required to complete for this stage. 5. Site inspection. After receiving local zoning compliance certification, OCM will schedule a pre - opening site inspection to verify that your physical location complies with all applicable laws and rules. 6. Pay license fee. Upon a successful site inspection, you will be able to pay the required license fee through Accela. Once payment is received, OCM will issue your cannabis business license with the appropriate endorsements. 7. Retail registration (only for license types engaging in retail direct to consumers). If your license involves retail sales, you must obtain a local retail registration from your local government after you have received your cannabis business license. The approval process for this is determined by the local government. The licensing guidebook detailing the above steps is available on the OCM licensing webpage please review the information carefully. The guidebook contains important information about how to successfully complete the licensing process and also includes several suggestions about working on securing local approvals for zoning compliance and local retail registration. You should also review Minnesota Statutes Chapter 342 for more information about statutory requirements. OCM does not provide legal or business advice. To the extent that you feel you may need such services, you are encouraged to seek those out independently. Starting any business, including a cannabis business, carries risk, and you should never invest more than you are willing to lose. Visit rnn.gov ocm for more information and resources. If you have questions related to your application, please contact the Licensing Division at ocm.licensingPstate.mn.us. When contacting the licensing email, please include your application number at the beginning of the email subject line followed by the topic (example: Application Number— Background Check). Again, congratulations on reaching this milestone in your ongoing efforts to secure a cannabis business license. MN Office of Cannabis Management Cannabis.info@state.mn.us Exhibit 3 A' I .2-MOLILK 1p 6 'T -Mft 6ft Street 6ft Street North W--C I ��7' 4 .01mlw% Exhibit 4 Original Floor Plan HAF oRouP Hrol'F Jawphb Rataumt K-- W C�OM PERMIT SET 054b2015 A51 Updated Floor Flan `{ I r i i llf E+In'•': -KlSY 1 Lirtir,Gi.,i Ij HAF G R O U P H.Mo f kw++ %n� m semis -�; Oak Park Heights Cannabis Sales Buffer Map 1 Cty of y,ppp R M1wn Seml Fmperty UM o.k pw•k HeiphL� November, 2024 500 R from vark NtrxVons Exhibit 5 A ® Stantec Exhibit 6 401.18 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. 401.18.13. Noise. There shall be no noise carrying beyond a lot upon which a business is located, except for normal car and pedestrian activity. 401.18.C. Odor. Cannabis Businesses and Hemp Businesses shall be ventilated so that all odors cannot be detected by a person with a normal sense of smell at the exterior of the facility or at any adjoining use or property; they shall not produce noxious or dangerous gases or odors or otherwise create a danger to any person or entity in or near the facilities. 401.18.D. Hours of Operation. Cannabis businesses are limited to retail sales of cannabis, cannabis flower, cannabis products, lower -potency hemp edibles, or hemp -derived consumer products between the hours of 10:00 a.m. and 9:00 p.m., seven days a week. 2. Lower -Potency Hemp Edible Retailers are prohibited from conducting the retail sale of lower -potency hemp edibles, or hemp -derived consumer products for off - site consumption between the hours of: 202 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. After 8:00 p.m. on Christmas Eve, December 24. 3. Lower -Potency Hemp Edible Retailers are prohibited from conducting the retail sale of lower -potency hemp edibles, or hemp -derived consumer products for on - site consumption between the hours of: a. Between 1:00 a.m. and 8:00 a.m. on Monday through Saturday. b. After 1:00 a.m. on Sundays; except at a restaurant, club, bowling center or hotel with seating capacity for at least thirty (30) persons and which holds an on -sale intoxicating liquor license. c. Between 8:00 p.m. on December 24 and 8:00 a.m. December 25. 401.18.E. Signs. Cannabis and Hemp Businesses are subject to City Ordinance Section 401.15.G.8.d.1 regulating freestanding signs and are permitted one wall sign subject to the maximum size and heights of City Ordinance Section 401.15.G.8.d.2.d. All other signs are prohibited. Signs shall only contain words and shall not contain or depict a cannabis flower, cannabis product, hemp edible, hemp derived edible consumer product, or any other logo, picture, image or symbol intended to denote or suggest cannabis, hemp, or related paraphernalia. Additionally, a business logo containing the above depictions shall not be displayed as part of any exterior signage. No products, interior signage, advertisements or the like attention getting items shall be placed or displayed that may be visible from the exterior of the Cannabis Business or Hemp Business. This section shall apply to any and all signs, including temporary, sandwich boards, etc. 401.18.F. Lighting. All lighting shall be shielded and angled in such a way as to prevent light from spilling outside of the boundaries of the parcel(s) or premises or directly focusing on any surrounding uses. 401.18.G. Security. Any security bars, gates or grills shall be retractable, shall remain open and retracted when the Cannabis or Hemp business is open to the public or otherwise in operation and shall not be installed on the exterior of the building. 203 401.18.H. Outdoor Use. All uses and activity shall be conducted indoors, with no storage or activity allowed. M1•,