HomeMy WebLinkAbout2024-039 Conditional Use Permit for CBD Retail Establishment at 1570 Frontage Road West (CD2024-008)City of Stillwater
Washington County, Minnesota
RESOLUTION 2024-39
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A CBD RETAIL
ESTABLISHMENT- INTOXICATING LOCATED AT 1570 FRONTAGE ROAD WEST (CASE
NO. CD2024-008)
WHEREAS, the City of Stillwater received Conditional Use Permit from Stillwater
Smoke Shop Plus ("Applicant"), for a CBD Retail Establishment - Intoxicating, located at 1570
Frontage Road West, legally described as in Exhibit A (the "Property"); and,
WHEREAS, on March 27, 2024, the City Planning Commission for the City of Stillwater
considered the conditional use permit, held a Public Hearing, and recommended approval of
the request.; and
WHEREAS, on April 2, 2024, the City Council for the City of Stillwater considered the
request.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater
considered the conditional use permit for a CBD Retail Establishment - Intoxicating at its April
2, 2024 meeting and approved the conditional use permit. The approval of the conditional
use permit is subject to the following conditions:
FINDINGS
1 The proposed structure or use conforms to the requirements and the intent of this
chapter, and of the comprehensive plan, relevant area plans and other lawful
regulations;
2 Any additional conditions necessary for the public interest have been imposed; and
3. The use or structure will not constitute a nuisance or be detrimental to the public
welfare of the community.
CONDITIONS OF APPROVAL
1. CBD products and edible CBD products may be sold for human or animal consumption
only if all of the packaging requirements of Minn. Stat. § 151.72, subd. 3, or as may
be amended.
2. No CBD product may contain more than 0.3 percent THC.
3. No edible CBD product can contain an amount of any THC that exceeds five mg per
serving or 50 mg per package.
4. No intoxicating CBD product may be sold to anyone under the age of 21 years.
5. No one under 21 years shall be allowed to enter a CBD retail establishment that sells
intoxicating CBD products.
6. Any person selling or distributing licensed products shall require proof of age by means
of government issued photographic identification from the prospective purchaser
showing purchaser is 21 years of age or older.
7. Signage identifying the legal sales age and the age verification requirement shall be
posted at the point of sale. The required signage shall be posted in a manner so that
it is clearly visible to anyone who is considering or making a purchase.
8. No one under 21 years of age shall sell intoxicating CBD products.
9. CBD products must comply with the testing requirements in Minn. Stat. § 151.72, subd.
4, as may be amended.
10. CBD products must comply with the labeling and packaging requirements of Minn.
Stat. § 151.72, subd. 5 and 5a, as may be amended.
11.Intoxicating CBD products cannot be sold in vending machines, by transient
merchants, peddlers, by a moveable place of business, through a drive -through or by
internet sales for in-store pickup.
12. Intoxicating CBD products cannot be delivered to a location outside of the CBD retail
establishment.
13. No sampling is allowed.
14. No flavored inhaled intoxicating CBD products may be sold.
15. No gels, powders or other forms of intoxicating CBD that are mixed with liquid may be
sold.
Adopted by the City Council this 2nd day of April, 2024.
ATTEST:
Joseph Kohlmann, Acting City Clerk
EXHIBIT A
Legal Description of the Applicant's Property
Abstract Property Type
Situs Address: 1570 Frontage Road West
Parcel ID: 32-030-20-44-0018
Parcel A:
Lots 1, 2 and 3, Block 4, Stillwater Industrial Park, Washington County, Minnesota, less and
except the following: That part of Lot 1, Block 4, Stillwater Industrial Park, Washington
County, Minnesota, described as follows: Beginning at the southwest corner of said Lot 1;
thence on an assumed bearing of North 00 degrees 16 minutes 31 seconds west along the
west line of said Lot 1 a distance of 140.74 feet; thence South 88 degrees 49 minutes 01
seconds east parallel with the south line of said Lot 1 a distance of 156.57 feet; thence
South 01 degrees 09 minutes 40 seconds west a distance of 140.69 feet to the south line of
said Lot 1; thence North 88 degrees 49 minutes 01 seconds west along said south line a
distance of 153.05 feet to the point of beginning.
Parcel B:
The South Half of the Southeast Quarter of Section 32, Township 30 North, Range 20 West,
Washington County, Minnesota; excepting therefrom the East 10 acres thereof and except
lands conveyed to School District No. 1, Town of Stillwater and District No. 8, Washington
County; which lies between two lines run parallel with a distant 105 feet and 125 feet
Northerly of Line 1 described below: Line 1: From a point on the East line of Section 33,
Township 30 North, Range 20 West, distant 127.76 feet North of the Southeast corner
thereof, run Westerly at an angle of 89 degrees 30 minutes from said East section line
(measured from North to West) for 5278.1 feet; thence deflect to the right at an angle of 00
degrees 35 minutes for 469.3 feet to the point of beginning of Line 1 to be described; thence
continue Westerly along the last described course for 320 feet and there terminating.
Parcel C:
Together with driveway, parking and storm sewer easement rights established in the
Declaration of Covenants, Conditions, Easements and Restrictions dated August 3, 2015,
filed August 11, 2013 as Document No. 4037243