09.b1 Resolution 04-21-26-02 CUP for Emerald Horizon_revised4-20-26
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 04-17-26-02
APPROVING CONDITIONAL USE PERMIT FOR PID 1403220430013 LOCATED AT
21080 OZARK COURT NORTH
WHEREAS, Joseph Whebbe (the “applicant”) made an application for a Conditional
Use Permit, to allow for the indoor cultivation of cannabis, light manufacturing of cannabis, and
light manufacturing of lower-potency hemp edibles, located at 21080 Ozark Court North and the
property legally described as follows (the “subject property”):
Hawkinson Business Park, Lot 6 Block 1
WHEREAS, the subject property is zoned as Industrial Park (I-P) District; and
WHEREAS, the City of Scandia Unified Development Code (UDC) conditionally permits
the indoor cultivation of cannabis, light manufacturing of cannabis, and light manufacturing of
lower-potency hemp edibles in the I-P District; and
WHEREAS, Section 153.500 of the City of Scandia UDC governs conditional use permits,
and the process; and
WHEREAS, staff reviewed the submittal and applicable UDC standards and determined
the Conditional Use Permit (CUP) application to be complete on March 18, 2026; and
WHEREAS, staff recommended approval of the CUP request with conditions; and
WHEREAS, the Planning Commission reviewed the request for the Conditional Use
Permit (CUP) at a duly noticed Public Hearing on April 7, 2026, and recommended that the City
Council approve the CUP, with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it approves of a Conditional Use
Permit to allow for the indoor cultivation of cannabis, light manufacturing of cannabis, and light
manufacturing of lower-potency hemp edibles located at 21080 Ozark Court North, based on the
following findings:
1. Objectives of the Comprehensive Plan include encouraging development that is compatible
with surrounding land use, protects natural resources, and efficiently utilizes existing
infrastructure. The proposed use complies with the Comprehensive Plan and will not have
a negative effect on public facilities or capital improvement plans.
2. The proposed use is allowed in the I-P zoning district with a Conditional Use Permit. The
proposed use would operate indoors, utilizing the existing facility, isolated from public
access, and are subject to state licensing, security, inspection, and tracking requirements.
This use will not negatively impact public welfare and will not be detrimental to or
endanger the public health, safety, or comfort. Reasonable conditions of approval can be
added if the City Council finds issues with proposed use.
3. The proposed use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted, nor substantially diminish and
impair property values or scenic views.
4. The proposed use will not impede development or improvement of surrounding properties.
5. The proposed use will utilize existing utility services and does not require an extension of
city-owned public facilities. The applicant has also proposed filtration systems to minimize
water and electricity use.
6. The proposed use is generally consistent with the applicable regulations of the I-P zoning
district and all other applicable standards of the UDC. Reasonable conditions have been
included with the approval to address where the application is inconsistent with the UDC,
or, more information is needed to confirm conformance with the standards of the UDC.
Any changes to the use or site plan that do not meet the standards of a “minor” change as
detailed by 153.500.060 Subd. 1 (D) I. a., will be required to conform with the applicable
regulations of the district and the Conditional Use Permit must be amended to allow for
the change.
7. This Conditional Use Permit meets the general and specific performance standards of the
UDC. As required in 153.200.030 Subd. 5 (A) Industrial Park (I-P) Zoning District,
1530.300.030 Subd. 1 (J) Cannabis, Microbusiness of the UDC.
FURTHER BE IT RESOLVED that the following conditions of approval shall be met:
1. The CUP is granted only for the specific cannabis and lower-potency hemp edible uses
approved and described in the application and staff report, which include “Cannabis,
Microbusiness.”
2. Development of the site shall be substantially consistent with the plans submitted to and
reviewed by the City as part of this application, except where modifications are required
by these conditions.
3. Prior to a building permit being issued for the site, the applicant shall submit plans prepared
by a licensed or qualified professional that include a statement regarding the efficacy of
the following systems and plans, demonstrating that:
a. The applicant has proposed to recapture and filter approximately 90% of all water
used for reuse in the growth process. Water use within the site shall be designed to
maximize water reuse.
b. The applicant shall submit documentation that the well and septic on the site
support the proposed use
c. The applicant has proposed a closed-air carbon filtration system with negative air
pressure at all entrances. The entire facility shall not produce noxious or nuisance-
causing odors and shall be in accordance with the standards from the Office of
Cannabis Management and the Minnesota Pollution Control Agency.
4. All exterior alterations, new structures, fencing, signage, exterior lighting, security
requirements, and off-street parking and loading areas shall comply with any and all
relevant standards adopted in the Unified Development Code and any other local and state
standards and regulations.
5. The expansion of the structure shown in the approved site plan shall be subject to an
administrative minor project site plan review prior to a building permit being issued,
provided that the application for the expansion is complete and in compliance with the
standards of this approval, the applicable codes, ordinances, and policies, and does not
require any variance from this approval or those standards. If the expansion is not complete
and in compliance, a CUP Amendment shall be required.
6. An approved fire department access system shall be installed prior to occupancy.
7. The owner shall ensure the odor mitigation system, including carbon filtration and negative
air pressure, be maintained in working order at all times.
8. Existing vegetation on site shall be maintained to the highest extent possible to provide
screening. Landscaping and tree plantings shall be consistent with the submitted
application and the Unified Development Code as well as the recommended tree species
from the Minnesota Department of Natural Resources.
9. The site shall utilize existing utility connections unless otherwise approved, and any
proposed reuse or filtration systems shall comply with applicable health and environmental
regulations, including those enforced by Washington County.
10. The applicant shall obtain and maintain all required licenses and permits for the duration
of the use, including but not limited to the applicable licenses to allow the approved uses.
The applicant shall submit proof of valid license issuance by the Office of Cannabis
Management or authorized state officials to the City annually.
11. The applicant shall comply with all applicable local, county, and state laws, rules, and
regulations, including requirements of the Minnesota Office of Cannabis Management.
Failure to comply may result in enforcement action or revocation of the Conditional Use
Permit.
12. The City may revoke the Conditional Use Permit for the site if all permits and required
work to comply with approvals from other local and state permits are not completed.
13. Failure to comply with any conditions of approval constitutes a zoning violation and may
result in enforcement action or revocation of the Conditional Use Permit.
14. The conditional use permit shall expire without further action by the Planning Commission
or the City Council unless the applicant commences the authorized use within one year of
the date the conditional use permit is issued or extended through the process described in
153.500.060 Subd. 1(C)(v) of the Unified Development Code.
The Whereupon, said Resolution is hereby declared adopted on this 21st day of April 2026.
Steve Kronmiller, Mayor
Joseph Whebbe, Applicant
Jeffrey Sutton, Royal Stirling, LLC, Owner
ATTEST:
Kyle Morell, City Administrator