WORTHINGTON — The Worthington Planning Commission on Tuesday approved a conditional use permit for a cannabis dispensary that could be operational in as little as two to three months.

If approved by the Worthington City Council at its July 14 meeting, the dispensary will be located in the current Jimmy John’s location on Humiston Avenue as well as the unused space between the restaurant and Domino’s Pizza.

Jimmy John’s currently has a lease with the building’s landlord that is set to expire at the end of this year. The conditional use permit was approved on the conditions that the business would adhere to the floor plan as presented and would have signage “illuminated in similar fashion to the businesses of the area.”
While the location is in a business zoning district, it immediately abuts a residential district.

Dillon Stutler, a consultant representing applicant David Garcia, of Florida, told the commission that the dispensary’s rapid opening can be attributed to the sourcing of its cannabis products.

“Because of the (indigenous tribes of Minnesota) having already started the cultivation and manufacturing process, we would be (open by as early as Oct. 1). We could already procure product from them,” he shared. “We’ve had conversations with some of the tribes and have been working on some of the product streams to ensure that Mr. Garcia will be able to have product in his dispensary when it opens. Hopefully, as the market continues to grow, there will be a lot more options out there available to have a wider variety to make a better product selection for his dispensary.”

Stutler said this would be Garcia’s first shop in the cannabis retail industry. He is able to do so as a social equity applicant who recently acquired preapproval status from the Office of Cannabis Management (OCM) to operate as a microbusiness. Garcia has no connection to the Worthington area.

Additionally, there would be no on-site cultivation or on-sale use of product at the dispensary. It would operate as a cash and retail only business, open daily from 10 a.m. to 9 p.m. and would strictly prohibit minors from entering the dispensary at the risk of losing their license.

Robin Nelson, who represented Jimmy John’s, said losing the restaurant would have a negative and noticeable impact on the community and that owner Kirk Thompson was adamant on staying in his current location.

“This would mean that he would have to find either another place in the community or not even rebuild in the community and go to another community. That is one restaurant that this town would be short of,” she told the commission. “He has approximately 20 employees working for him and quite a few of them are full time who would all have to go look for jobs somewhere else.

“(Thompson) really likes having this business in Worthington and helping all the people, delivering and having their respect. It’s also very good (for the community) when we have sporting events in town,” Nelson added. “I think that should be looked at, too, because we are looking at expanding sporting events in this town also. Do we want to be a restaurant less in this town because of that?

Nelson said Thompson is positive his lease will be renewed when it comes up at the end of this year, if that is an option.

“(Jimmy John’s doesn’t) want out. He does not want to leave the building. He likes where he’s at. He is not sure that if he has to leave that spot that he will even want to relocate in Worthington. If he has to, he’ll fight for the building.”

Worthington Deputy Police Chief Nate Grimmius also pointed out that there is much to consider regarding the implications of having a dispensary in such an appealing high traffic area in the community.

“Public safety’s stance since Day 1 when this was presented… that’s kinda fallen on deaf ears throughout the state. The state has come out with their regulations on this and law enforcement hasn’t had a whole lot of say in that and the repercussions to our communities,” he said. “It is up against a neighborhood here and it’s fairly close to our high school. During the school season, we have a lot of foot traffic in this area from juveniles at the beginning of school and after school, which is something to consider.”

Grimmius said during his 21 years in law enforcement, he’s primarily investigated narcotics and violent crime cases.

“I’ve been to a lot of conferences on narcotics and narcotics investigations,” he said. “You don’t have to look any further than what’s going on in Colorado with their dispensary situation and crime rates.”

Some commission members noted that while the services Jimmy John’s provides are seen and valued, the fate of the restaurant and its lease is a matter out of their hands.

“Ultimately it’s the landlord’s decision (who they) want to rent to,” said Commission President Jason Gerdes. “I don’t wanna see Jimmy John’s leave, I enjoy the quick and easy food option… But we can’t micromanage what a landlord may or may not want, because that’s their building.

“If they had a right to that space and they’re getting kicked out early or illegally, then you’d have a case,” he added. “I think Kirk should visit more with (City Planner Matt Selof) and the team on other ideal locations or options because I don’t want to see him go.”

Gerdes said he was torn between the public safety aspect and having a new business that’s a tax opportunity and generator.

“Do you say no for something that might happen or might not happen? That’s my thought,” Gerdes said.

“My main concern for the immediate neighborhood is the public safety aspect of it and the potential attractant of undesired activities that could potentially cause trouble in the immediate area,” Commission Member Chris Kielblock added. “I totally understand the attraction for that location for retail and business. It’s a perfect spot. Like our chair, I hope that if this goes through, that Jimmy John’s (would stay in Worthington), but that part of it is kind of out of our territory. That’s the property owner’s decision. Even if we didn’t approve the CUP, the property owner could and might still choose to vacate (the area).”

In other action, the commission:

• Approved a conditional use permit request from David Bosma to build an automotive repair business at the former Cemstone Concrete Materials, LLC site at 1000 Sherwood Ave., Worthington.
• Approved the Worthington Housing Redevelopment Authority’s conditional use permit to purchase two homes — 1203 Apel Ave. and 1211 Virginia Ave. — to rehab and sell them again.