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Home My WebLink About2026-01-27 CC Resolution 26-01-11 C. PY RESOLUTION NO.26-01-11 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 LAUREN WEISS OF POWER PLANT CANNABIS SHOP II, LLC FOR A CONDITIONAL USE PERMIT TO ALLOW A CANNABIS RETAIL DISPENSARY AT 13435 60TH STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Lauren Weiss of Power Plant Cannabis Shop II, LLC (Applicant) for a Conditional Use Permit to allow a cannabis retail dispensary at 13435 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, occupying 4220 square feet of the 14,440 square foot building;and 6. Power Plant Cannabis has received preapproval from the Minnesota Office of Cannabis Management for a microbusiness license that includes retail. The definition of microbusiness 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. The application for Power Plant Cannabis Shop II, LLC is the fifth submitted and accepted by the City for Conditional Use Permit review. Section 1413.08 of the City Code limits the number of cannabis retailer businesses to four. The Conditional Use Permit for the Power Plant Cannabis Shop II, LLC cannabis retail dispensary at 13435 60th Street North is conditional upon and will be valid only if there are less than four approved and licensed cannabis retail facilities in the City; and 8. Currently,the only access to the site is from 60th Street. Most access for businesses along 60th Street is now from 59th Street. The City will require the Applicant to construct an access from 59th Street to the driveway along the east side of the building. This will lessen the likelihood of Power Plant Cannabis customers using the access drive of the adjacent building at 13481 60th Street North. As a condition of approval, the Applicant shall provide plans for construction of an access from 59th Street to the east driveway, subject to approval of the City Engineer, and install the driveway prior to opening of the business/issuance of certificate of occupancy; 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 11. City staff prepared a planning reports dated December 30, 2025, and January 22, 2026, reviewing the request; and 12. The Planning Commission held a public hearing at their January 8, 2026, 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 Lauren Weiss of Power Plant Cannabis Shop II, LLC for a Conditional Use Permit to allow a cannabis retail dispensary at 13435 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: 2 1. The application for Power Plant Cannabis Shop II, LLC is the fifth submitted and accepted by the City for Conditional Use Permit review. Section 1413.08 of the City Code limits the number of cannabis retailer businesses to four. The Conditional Use Permit for the Power Plant Cannabis Shop II, LLC cannabis retail dispensary at 13435 60th Street North is conditional upon and will be valid only if there are less than four approved and licensed cannabis retail facilities in the City. In other words, one of the first four pre-existing cannabis retailer CUPs must be either denied by the City or abandoned before a registration will be allowed for Power Plant Cannabis Shop II, LLC. If all four existing CUP applications with priority ahead of Power Plant Cannabis Shop II, LLC become fully registered, licensed and operational cannabis retailers, then this CUP shall be automatically revoked on an administrative basis without further action of the City Council. 2. The business operations shall be limited to retail cannabis product sales with no growing or manufacturing operations on site. 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. 5, The Applicant shall be required to provide plans from a licensed engineer and construct an ingress/egress driveway from 59th Street to the east driveway adjacent to the building, subject to approval of the City Engineer, and install the driveway prior to opening of the business/issuance of certificate of occupancy. 6. The landscape plan shall be subject to the review and approval of the City Arborist. 7. 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. 8. 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. 9. 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. 10. 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 3 on any surrounding uses as specified in 401.15.B.7 and 401.18.F of the Zoning Ordinance. 11. 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. 12. 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. 13. If traffic, parking or delivery issues develop in the immediate area that are attributable to the proposed use, the Applicant shall be required by the City to implement traffic, parking or delivery control measures as determined by the City. Upon the leasing of space in addition to that occupied by Power Plant Cannabis, the Conditional Use Permit shall be revisited related to parking and required stalls. 14. Any mechanical equipment that is ground mounted or visible from adjacent streets shall be screened as required by the Zoning Ordinance. 15. All trash and recycling shall be stored indoors or in an approved exterior screened area compliant with the Zoning Ordinance. Approved by the City Council of the City of Oak Park Heights this 27th day of January 2026. Chuck , ayor ATTEST: Jacob Ri e, City Administrator 4 ATTACHMENT A Conditional Use Permit To Allow A Cannabis Retail Dispensary At Power Plant Cannabis Shop II,LLC 13435 60' St. N. Washington County Property Identification Number: 05.029.20.21.0031 ATTACHMENT B • Conditional Use Permit To Allow A Cannabis Retail Dispensary At Power Plant Cannabis Shop II,LLC 13435 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: January 8, 2026 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)