WORTHINGTON — Despite concerns raised by two of four Worthington Planning Commission members Tuesday evening, a fifth conditional use permit for a cannabis dispensary in Worthington will now advance to the Worthington City Council for consideration at its meeting Monday evening. The motion passed on a 3-1 vote, with commission member and councilman Chris Kielblock voting in opposition to the request.

This latest permit request comes from Roy Nielsen III, who owns dispensaries in Sioux Falls and Yankton, South Dakota under the name Roy’zzz Premium Cannabis. That will be the name of his Worthington location as well, should the City Council approve his permit.

Nielsen, who was present for Tuesday’s meeting, said he’s already purchased the building at 507 S. Shore Drive, a former oral surgery clinic located across the street from the JBS Fieldhouse and the walking and bike trail, as well as a short walk to Ehlers Park. He intends to renovate the building to include a sales floor and order pick-up window, as well as a secure employee entrance and secure storage.

Worthington City Planner Matt Selof, in presenting the application, said city code requires dispensaries to be at least 200 feet from athletic fields and 1,000 feet from another dispensary.

“The applicant meets these buffers,” he said, noting that the JBS Fieldhouse — based on his understanding — doesn’t fall under the definition of a youth facility.

Selof told the commission that staff recommended approval of the permit with conditions, including that no blinking or flashing lights be displayed on the exterior of the building, that there be no digital advertising signs, and that exterior cameras cover the front of the building.

“My concern is the JBS Fieldhouse because there are a lot of minors that go to that place,” said Jason Gerdes, commission chairman. “This is really visible to that location.

“We have a lot of kids … and a lot of families in general, that use the bike path. That’s just my two cents — my personal thought,” he added. “It’s just a very sensitive location. I understand … a lot of traffic goes by that building, but it is a very unique spot and not best suited for this type of activity.”

“I think, at the end of the day, you’re going to see these kinds of places everywhere, no matter what,” responded Selof.

Nielsen said he spoke with Selof prior to purchasing the property and said he felt they were within the guidelines. He mentioned the dispensaries he already operates as well as the permits he is seeking to operate in five Minnesota communities, including Alexandria, Fergus Falls and Moorhead. Between the two states, Nielsen and his business partner plan to have nine dispensaries.

A longtime businessman, Nielsen said he previously operated a pet supply company in Orange City, Iowa. He quipped that changing the type of business by one letter — from pet to pot — won’t change the fact that they want to be good citizens and give back to the communities where they are located.

“I want it to be a desirable workplace and something the community is proud to have,” Nielsen said. “I want to assure everyone that we’re good citizens in the communities we do participate in.”

Nielsen said he has formed a nonprofit, and supports a variety of entities in the communities where they currently have dispensaries. This includes monetary donations to Feeding South Dakota, the Bishop Dudley House, United Way and others.

“My goal is to sort of change perceptions,” Nielsen said. “We’re trying how to best navigate this (industry). I’m going to do nothing that’s going to discredit it — I don’t take shortcuts. My goal is to be the standard that others are compared to.”

Following Nielsen’s presentation, discussion returned among commissioners.

“As much as I appreciate the community involvement this company appears to have in supporting different facets in the community, I have a problem with that location,” Kielblock said, noting that hundreds of kids are transported on school buses past that location every day to get to Prairie Elementary.

“It’s extremely visible to our youths and our families,” he said. “I really have a problem with that location, just the close proximity to the JBS Fieldhouse and another popular park across the street that are highly used by our families, little kids on up to our college students.

“For that reason, I think it’s incompatible with the adjacent land uses there,” he added.

Commissioner Brad Brake said the Planning Commission has approved less qualified owners at locations near Walmart and on Oxford Street that have “far more children” pass by.

Gerdes said with the JBS Fieldhouse, there’s a perception of that area being a general kid area, youth area, teen sport area.

Brake then questioned whether perceptions should play into their decision. The commission’s role is to determine if the proposed business fits within the zoning ordinance.

“There may be times that (a business) is not perfectly compatible with land uses,” Selof noted. “It really shouldn’t be yes or no — it should be, What can we do to address concerns?” Selof suggested commissioners look at restricting signage, such as having no free-standing sign that points toward the JBS Fieldhouse.

Ultimately, the commission did add a condition that there be no free-standing sign on the property, instead being on the building only. With that addition, Nielsen’s permit request received the preliminary approval to advance to the Worthington City Council.

The permit request will be on the agenda for the council’s meeting at 5:30 p.m. Monday at Worthington City Hall. Meetings are open to the public.

In other business, the Planning Commission:

• Authorized a text amendment regarding sales of lower potency hemp edibles. These products have been legal in Minnesota for several years, noted Selof. There is a newer retail registration that must be adhered to as a result of changes in state legislation, identifying which zoning districts can sell the product.

“You would not see any changes as a result of passing this; it would just be following state statute,” Selof said.

• Authorized a text amendment dealing with off-premise signs — billboards — that do not pertain to the property they’re situated on. The new language will not permit these along Oxford Street and Humiston Avenue, but does not impact billboards already in place as they will be grandfathered in.

Both text amendments will also be considered by the City Council at its meeting Monday.