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HomeMy WebLinkAbout2026-01-27 CC Resolution 26-01-13 CUP COpy RESOLUTION NO. 26-01-13 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 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 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 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 Commercial 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 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 Approved by the City Council of the City of Oak Park Heights this 27th day of January 2026. Chuck o , ayor ATTEST: Jacob Rif ity Administrator 4 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 60th 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 'A 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 'A 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 '/< 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. ATTACHMENT B 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)