Good evening everyone. I am calling the Monday, June 8th, 2026 planning
commission meeting to order at 6:30 p.m. Tonight's meeting is being conducted
both in person and online. Meetings that the public may attend in person or the
public may also watch this meeting online at burnsvillemn.gov/meings
GV/meings or view us on Comcast channel 16 or 859.
The public can also join us on Zoom by going to zoom. us/join.
More information is available on our meetings web page and in the agenda.
Our first agenda topic tonight is the adoption of the agenda.
Have we had an opportunity to review the agenda? And can I get a motion? Motion
» second. >> All right. All those in favor say I.
» I. >> All right. The motion carries.
» Our second agenda topic tonight is the approval of there our minutes from the
May 11th, 2026 meeting. Commissioners, have we had an opportunity to review?
And can I get a motion? >> Motion to approve.
» Second. >> All those in favor say I. I.
» Oppos say nay. >> Motion carries. Our
third agenda topic tonight is a public hearing of the application of Blue Fire
Brands LLC for a conditional use permit to allow a cannabis micro business at
12701 Sheridan Avenue South being presented by
associate planner Miss Chapman. >> Thank you chair for that introduction.
Yes. This afternoon I'm going to talk about the conditional use permit to
allow a cannabis micro business at 12701 Sheridan Avenue South by Bluef Fire
Brands LLC.
The lefth hand image is a pictometry or an aerial photo of the subject site. The
principal structure is located in the northeastern portion of the property and
the right hand image is a zoning map of the subject property and surrounding
lots. The subject property is zoned I1
industrial park and is guided as IND industrial office in the 2040
comprehensive plan. Directly to the west is um zoned P for park and is uh
Soufisher Memorial Park and guided as PR parks and recreation. Directly to the
north is the B4 highway commercial district and slightly to the east as
well is also that district [clears throat]
and guided B US business retail office. And directly to the south in a yellow
color and hatched area is the R3B highdensity residential district and
guided HDR highdensity residential. in this area to the south is significant in
that last year in fall 2025 the planning commission and city council gave
approval to Reutder Walton development which was a 120 unit apartment complex
um serving workforce housing um they have started preparation work the past
few weeks they were issued a building permit I think a few weeks ago to a
month ago now and they intend to do construction [clears throat] within
I'd say the next few weeks week sometime this summer. Um, and we when we were
formulating the conditions of approval for the cup, we um consulted with our
attorney and drafted these conditions with that that complex in mind. Um, and
we have come to agreement with those conditions and we'll get to that later
in the report as well.
Uh some background on the this subject is that Bluef Fire Brands LLC is seeking
conditional use permit approval to allow a cannabis micro business at the subject
property. The subject property as mentioned previously is zoned I1
industrial park and within that district micro businesses are a conditional use.
Micro businesses are defined as a person entity licensed under Minnesota statutes
chapter 342 to cultivate, manufacture and sell cannabis products and related
supplies to perform other activities authorized by the license.
The applicant [clears throat] is proposing to cultivate and manufacture
cannabis. Um and then in the report I also mentioned with the potential for
retail sales but after speaking with the applicant that is um very likely to
occur as well. Um, so just would like to mention that beforehand. Um, the the
applicant would be occupying 11,000 square feet of space in the central
tenant space in a 27,000 square foot building. Common procedures would
include things such as uh cultivation, drying, trimming, curing, and stoaging.
Um, there's no exterior modifications proposed for this project except the
potential for installation of signage. Um and uh originally there was talks
about doing potentially retail business at either this location or at another
site but as mentioned previously this is likely to occur at this location. Uh the
purpose of the conditional use permit is to evaluate the use and the location as
it is heavily regulated by the state. The subject property has been platted
several times over the past several years. In 1975, the property was platted
as Outlaw A in Hedberg, Burnsville, First Edition. And then in 1997, the
property was a remnant outlot of outlot A through Hedber, Burnsville, second
edition, which is a two lot subdivision. And the adjacent parcel at the time was
developed as a multi-tenant commercial building with B4 zoning. And as I was
looking through those documents, I between the years of 1970s to the 1990s,
a lot of the subject proper, a lot of those properties were zoned I1. Um, and
then as it got closer to the 90s, a lot of those zoning started to get reszoned
to um B4, higher commercial zoning. And I couldn't really glean
reasoning for keeping the exact zoning at this time. So from what I can gather
from that information, it has basically retained its I1 designation. So in other
words, it is a legacy designation from previous platting. [clears throat]
Um most recently in 2001, the site was platted in a single lot subdivision
known as Hedberg Burnsville third edition. um and received conditional use
permit approval in that same year for outdoor storage of boats, campers,
recreational vehicles, trucks, and other vehicles on the west side of the
property within that fenced in area. And within that same year, the building was
also constructed. Um and now I'm going to briefly talk about um cannabis
ordinances in regards to state as well as uh the Burnsville specific ordinance.
And this might be a recap for a lot of you. Um, but in 2023, the Minnesota
legislature passed Minnesota statute 342, uh, which a which was later amended
in 2024 to allow adult use cannabis, which which created the Office of
Cannabis Management, also known as OCM, which oversees cannabis licensing and
enforcement. Cities were given an opportunity to create ordinances that
dictated time, place, and manner. They could also create buffers and caps. um
buffers could be in regards to location of schools and daycarees and parks. Um
when the city of Burnsville brought this to uh the city council, the city council
gave direction to staff to um not initiate any buffers or caps on cannabis
businesses because it was seen seen as very similar to liquor and tobacco
sales. um which created ordinance number 1619
um which uh resulted in city code 10753 adult use cannabis. Um and within that
zoning ordinance it discusses various cannabis business types and
identifies them as either one of three things uh permitted, conditional or
prohibited. This specific use is a conditional use. The applicant received
notification in May or June last year in 2025 of preliminary license approval and
has 18 months to secure the location um and complete all state requirements and
this is the fifth conditional use permit that the city or that the planning
commission has seen thus far. The primary function of the business
will be to produce cannabis flour for sale for dispensaries and wholesale
businesses. Um much of the space as I mentioned earlier uh will be inter
interior modifications. Um and much of this development is to have spaces
dedicated towards cultivation, processing and packaging. Uh four rooms
will [clears throat] be dedicated to flowering rooms um which will make the
majority of the space and there will be a 760 square foot space dedicated to
retail. Um and if it was not if it's not converted into a retail space, it will
be it will remain as an office labeling breakroom and packaging space. Uh this
dispensary would primarily sell cannabis flour cultivated on site and other
products from other businesses in accordance with city or the state
statutes. Security measures must also be followed and that includes things like
uh door alarms, motion detectors, and cameras. Uh and then the applicant
mentioned that that staff would enter through the rear doors using a security
code and um regardless of whether uh retail dispensary is established on
site, public will not be able to access the cultivation spaces. Um with the
dispensaries on site, customers would have to enter a secure vestibule with a
security guard checking ID and there would be a steel reinforced locked door
separating the retail and cultivation spaces.
And in terms of the odor suppression plans, they're very similar to the past
condition or the past conditional use permit um odor suppression plans from
other facilities as well. Um they will have an HVAC system with control
temperature and humidity without introducing outside air. Um each
cultivation room will have a ductless air handling system um to recirculate
air. Uh recirculating air scrubbers will be shared in support areas to mitigate
odors in the building and there will be no mechanical pathways that will direct
air outdoors. They anticipate to have four to five
employees um specifically for the cultivation use and cultivation will be
open between the hours of 7:00 a.m. to 5:00 p.m. Monday through Saturday with
limited hours on Sunday. And if with retail sales, they would hire an
additional 5 to six employees on site with hours of operation for retail from
10:00 a.m. to 6:00 p.m. Monday through Thursday and 10:00 a.m. to 8:00 p.m.
Friday through Saturday. And here's a site plan that the
applicant provided us. The lefth hand image is uh shows the subject property
and those three tenant spaces. The applicant would be residing within the
middle tenant space which is highlighted in the green. The right-h hand image is
a breakdown of those spaces. Um and as mentioned previously, um most of this
space will be dedicated towards flowering rooms and mainly cultivation
practices. Um, and I'd like like to highlight as well that the retail space
will be located in uh the [snorts] blue section on the screen, which is uh the
north western portion of this picture.
Uh, under city code 10726, uh, the city calculates the minimum
number of parking stalls required based on the uses within the building. And as
such, uh, staff calculated it based off three tenants that would be residing in
this building. So at this time that will be Demcom Demolition, Crystal Fresh
which is a snow cone flavoring manufacturer and then the applicant. Um
if the applicant does not do any retail sales then a total of 37 stalls are
required for this project. If retail sales are um if the applicant who likes
to do retail sales, an additional two stalls are required for this project for
a total of 39 parking stalls. The site currently has 46 parking stalls meeting
the minimum requirement.
Um and then as part of a cultivation business, they do receive some
deliveries in regards to supplies for their business. And large shipments in
terms of their for cultivation will occur about every 3 weeks to every
month. And these deliveries will occur through their rear rollup doors behind
their building. Smaller deliveries will come from USPS or FedEx and those will
happen periodically. Most delivery deliveries will occur on
pallets containing cultivation supplies and um the products produced on site
will be collected from a licensed cannabis transportation business that
will collect them from those same rollup doors
and staff um on site will seal the produced products in OCM approved bags
and place them in totes. These totes will collected every 3 weeks between 8
a.m. and 5:00 pm in sprinter vans and small cube trucks. [snorts]
The licensed cannabis transportation business will distribute to cannabis
dispensaries and wholesalers. This the applicant does not have a transportation
business and will not distribute these products.
The applicant mentioned that there is a dumpster on site that will be located
behind the building. Um under the screening requirements of our city code,
there are three ways in which uh trash can be screened. One is to screen the
tra the private trash and recyclables by screening it on three sides. Or you can
screen it from public view behind the principal structure. Otherwise, you can
store them within the principal structure or an accessory structure. In
this case, the applicant has elected to put the dumpster behind the building
where there is no public visibility from Sheridan Avenue South.
And the dumpster would be collected uh weekly and much of the waste generated
on site would be office related. The applicant has also um indicated to staff
that they've not determined the rooftop utility plans at this time. Um as such,
staff has generated a condition to safeguard this requiring that all
rooftop utilities must meet our screening requirements. Um in screening
specifically in our ordinance states that all rooftop utility units must be
um screened from ground level view through parapit walls, pen houses or
other architecturally integrated features.
The proposal is a use request since it is regulated by the state. The project
meets the findings for approval of a conditional use permit. The proposal
meets the intent of the zoning ordinance and comprehensive plan and meets
Burnsville ordinance number 1619. Staff recommends that plan commission
recommend to the city council approval of the conditional use permit to allow
Bluef Fire Brands LLC to operate a cannabis micro business at 12701
Sheridan Avenue South subject to the 13 conditions of approval.
The project shall be completed in accordance with the submitted plans and
as amended by these conditions of approval. Any significant changes to the
plans is determined by the planning staff shall require review and approval
by the planning commission and city council. Conditional use permit approval
shall expire one year from the date of the city council approval unless a
building permit has been requested and approved or the city council grants the
time extension. The city council may extend the expiration date upon written
application by the person to whom the approval [snorts] was granted.
The applicant shall complete pre pre-licens inspections and other
necessary steps required by the Minnesota Office of Cannabis Management
to obtain a fully issued cannabis business license. All private trash and
recyclable materials shall be screened in accordance with city code 10718B.
All rooftop and mechanical equipment installed shall be screened in
accordance with city code 10231E. All new signage installed on site shall
be in accordance with city code 1030. All cannabis cultivation and excuse me
in manufacturing activities shall be fully contained within the principal
structure. No outdoor activities or storage are permitted. Applicant shall
submit proof of valid preliminary and final license from the Minnesota Office
of Cannabis Management prior to operation and within one year of
approval of the CUP. Otherwise, the CUP will automatically expire. The business
shall maintain all required state licenses for the duration of the
conditional use permit. Failure to operate in compliance with the Minnesota
statutes and rules governing cannabis micro businesses shall be grounds for
termination of the conditional use permit. The business shall implement
odor suppression measures including but not limited to HVAC filtration or carbon
scrubbers to prevent detectable odors beyond the property line. Security
measures shall be installed and maintained consistent with the office of
cannabis management's requirements and city code including controlled access,
exterior lighting and surveillance cameras. If a dispensary is established
on site, additional parking stalls shall be striped behind the building. A
parking plan shall be submitted and reviewed by staff prior to striping
striping. With that in mind, I will turn it over to the planning commission for
any comments or questions that you may have.
» Thank you, Miss Chapman. All right, commissioners, do you have any questions
for staff? >> Commissioner L.
» Uh question on the other cups of the building. Is there anything else that is
impacted that needs to be changed or altered at this point? When I was
looking through it, I didn't see anything that required or impacted
anything. That conditional use permit is specific to outdoor storage, which would
be on the west side of the property. Um, the only thing I could see is if the
applicant was requesting outdoor storage, then that would require a
conditional use permit amendment. >> Commissioner.
» All right. uh it may
provide a retail component either on this site or another site if I
understood it correctly. >> Yep. So originally I wrote the report
with the thought there's there was potential for retail sales but after I
spoke with the applicant there's a large possibility of having retail sales on
site. >> Okay. [clears throat]
Does this authorize the retail also or do they need to come back? It does. Yes,
it allows retail with this conditional use permit.
» I can just add clarification to that one. So, the applicant has a
um preliminary approval for a cannabis
micro business underneath that cannabis micro business umbrella retails within
that. So, it's very similar to some of the other applications we have seen here
in this zoning district, standalone retail will not be permitted. Um, in the
I1 district, um, however, since this is a cannabis micro business, underneath
that umbrella, they can do retail, cultivation, manufacturing, all that
falls underneath this conditional use permit. So, kind of add a little more
detail to that. Commissioner Anderson,
» will they have to build out all the security for the retail right now when
they modify for, you know, the manufacturing growing or
can they do that later? [clears throat] >> So, I know that we
earlier this year we had a different business that was going to do um
cultivation and manufacturing before retail. And so we stated to them if they
wanted to do the cult or for the retail first they would have to meet those
requirements and then later the manufacturing. So it depends on how the
applicant would like to proceed if this would be something they want to complete
you know operate all at once. If they strictly just want to do cultivation at
the beginning then they need to have that in place. Um, regardless, they need
to meet state requirements on cannabis and security measures.
» Do they have to come back for a separate building permit to do the retail to
build out the retail if they don't do it now?
» Correct. If they just submit a building permit and they're just doing if the
building permit was only for cultivation, they would need another
building permit for that retail space. Unless they do one building permit that
includes both, then they wouldn't need to come back for another one.
» Just so I'm I'm clear, this is the only product that would be allowed to have
retail in that district. >> Yeah. um commissioner. So underneath the
cannabis micro business lensure from the state of Minnesota
within this zoning district and in all zoning districts, cannabis micro
businesses require a conditional use permit.
So by in general generally in the I1 district, we don't do not allow retail.
However, with the conditional use permit for a micro business, kind of similar to
like a brewery, it would trigger that the conditional use covers that or
allows permits for it. >> And that was going to be my next
question. So, if say a brew pub came in, they might be able to get approval for
something like that. The reason I'm asking these questions is it goes back
to when the council originally talked about whether there would be any
restrictions on these cannabis business. And part of the reason was they they
wanted it to be treated like any other business. So, I want to make sure
they're not getting special treatments simply because we're giving them a
conditional [clears throat] use permit simply because they sell cannabis.
» No, that's a good good point there, Commissioner. So, we have it's come to
our attention that we have aired in this code and we'll probably bring this
before you at a later date. Um, the original intent from the council was to
allow cannabis uses um where we allow similar uses, other
uses, tobacco breweries and such. Well, we didn't think about breweries and THC.
A lot of breweries allow for hemp tea uh produce hemp THC products. We didn't
think about that when we did it. So, we had to go back and do that. However, to
complicate things, the federal government does have a ban beginning in
November on hempbased THC beverages. And we reached out to the state of Minnesota
on that one. They weren't able to give us clear guidance at this time. So,
we're kind of putting the pause button on that one because if they like federal
government goes moves forward with this as legislative change, all hemp deprived
THC will have to you have to go back to the
drawing board on that one. So, that's where we're kind of in the pause but
like do we do an ordinance amendment now or do we wait and see what happens?
We're kind of in that wait and see approach, but we either way that's
something we didn't think about when we did this. We didn't think breweries and
the THC. So that's something we have to go back and take a look at. So we're
making sure we're consistent. We're training everyone fair. That was the
intent or the direction I should say. >> Thank you,
» Commissioner Anderson. >> It you noted the employees would enter
from the back, but there really isn't any outline parking in the back. Is it
is that allowable that they could park back there?
» Yes, they can park back there. and they were planning to park right near one of
the rollup doors that they would not be using. Um, we didn't ask for that
diagram or plan, but if they're going to be doing retail sales, we want to make
sure that there's enough parking on site um for those employees back there. So,
we had a condition back in the I think it was condition 13 that stated that
striping needed to be added to accommodate any additional parking.
It's also worth noting too, commissioners, that the the rear of the
building is fenced in too. So, there's a little additional security measure on
that. So, this is something else as Kier and I were looking at this application.
Um, we know that's fenced in. So, it's an additional and there's a gate too to
limit access back there if needed.
» All right. Commissioners said there's no more questions for staff.
All right. Then before we open the public hearing, if the applicant is in
the room, I invite you to um join the podium, make an introduction, and I'll
um let the commissioners ask some questions.
» John Robertson, Bluef Fire Brands. >> Can you state your address for the
record? >> Uh 12 701 Sheridan Avenue South,
Burnsville. >> All right, commissioners, did you have
any questions for the applicant?
Commissioner Long, >> can you give us a little bit more
clarity on the retail uh portion of this? I I I'll say I have some concerns
because it feels like I mean that's the one thing that's holding me back from a
yes vote right now would be the fact that we're unclear on whether you're
going to do retail or not and if so how long or
» so it's my plan right now to not do retail there because of capital and the
location and I've also learned that there's another dispensary that's coming
up across from 13. So, probably we're leaning towards not doing
a retail at this point at that location. And we need the room for what we're
doing, we're going to use that space for office and for other things for
packaging. And we're really leaning towards not using it as a dispensary. If
if it helps to not add this, if that makes it an easier decision to not have
this as part of my micro license at this time, then we don't have to put it on
there. I'm okay with that >> and I'm not asking you to remove it. I I
just have I mean that would be up to others but I just had that concern
» until the ordinance is rewritten and it is kind of inclusive of other businesses
as well. Um [clears throat] that would be my but
» the one thing to add to commissioners under the micro business they can do a
retail at a different site. So you can cultivate at one place manufacturing
stuff and I think they're allowed one or two.
» You can do both. You can do all three if you want.
» Yeah. Well, I think you can do the retail at a different site. It doesn't
have to be at the subject site. It can be at a different location.
» And that's where we're leaning at this point. We're kind of waiting to see how
many pop up and where and finding a location that maybe isn't one right
across the highway there. >> Thank you, Mr. Hamilton.
» So, if you have retail at another location,
does that need to come back to us or is that all covered under one umbrella?
» It depends where they're going. So, if they're going at a different location,
we would want to look at the zoning to see whether it's a conditional or
permitted use. Um, and then we could provide direction from there. But if
they, let's say, they did want to opt to do, you know, retail at this location
later on, they're [clears throat] still given that ability to, um, they just
need to make sure they're meeting the ordinance requirement or the the
conditions that we listed in this conditional use permit and then submit a
building permit for retail sale or to do the building permit changes to the site
to do retail at that location.
Now, so your strategy is is to operate also as a wholesaler to sell to other
cannabis distributors if I understood it correctly.
» Yes. To other dispensaries that are up and running.
» Okay. So, are there particular transportation requirements? Yes. And
» now, would you contract with a with a carrier or use your own vehicles?
» No, we're not allowed to. The OCM doesn't allow you to do that at all. You
have to use a licensed carrier who's right there.
» Okay. [laughter] >> They have their own business with it.
And it all has to be scanned through the metric system, weighed, put in totes,
put in licensed transportation vehicles, and brought to other locations.
» We're not allowed to touch anything else. Nothing goes out of that building
except for if they take it. >> Thank you. Yep. Any
more questions for the applicant? All right. Thank you.
» Okay. >> With that, I will open the public
hearing at 6:58 p.m. Anyone who wishes to speak to this
can approach the podium.
» Did you say that the person doing the transportation is also here tonight?
» Y. >> Come on down.
» All right. The building owner is here as well. [clears throat]
» Nice. >> Hey guys, uh Jared Schroeder uh with
Meta Commercial as well as Green Haven Logistics. Uh my address is 1 19325
Clearwater Loop and that's in Farmington, Minnesota.
» Uh but yeah, so like he was saying, um all product in Minnesota has to be
transported by a licensed carrier. Uh we contain a transportation license through
uh statute 342 and governed by the OCM as well. Um all of our vehicles are GPS
tracked. Um they are on cameras at all times. Uh they leave our facility. They
are tracked through the cameras of our facility. Uh cameras on our vehicle. Um
when the product is loaded up, we have cameras both external and internal. Um
all of our vehicles have a segregated um ability. So their the cab is separated
from the actual um storage. So they cannot access it directly. Um and they
are tracked and monitored through uh the OCM's metric system. Um so all orders
are placed through our website through metric. Um everything is done. Um our
drivers are listed. Um all employees have to be background checked. um
standard through the OCM practices. Um and basically any product within the
state has to be run through us. Uh it cannot be run through uh any individual
licenses. So cultivators, manufacturers, retail cannot move their own product. Uh
micros and mezos can only move their product to their own facility. However,
they are subject to the exact same rules and regulations that we have to follow
as well. Um, and that's why realistically nobody actually does that
in this industry. So, um, we've been up and running since April. Um, we've moved
about just under 3,000 packages now over the that period of time. Um, we prefer,
as he stated, we use um plastic totes. Um, so they are zip tied and serial tied
so that way they are completely sealed and tracked the entire way. Uh once they
get to the facility um they are checked in at the dispensary checked to make
sure that the coding is done correctly uh before anything is accepted and
transferred out of our system. >> Thank you.
» Yeah. >> Any questions? No.
» All right. >> Thank you. Right.
If anyone else wishes to speak, they can step to the podium and or do we have
anyone online?
All right. I will close the public hearing at 7:01 p.m. Turn it over to
commissioners for discussion and or we'll entertain any motions.
They appear to have covered all the questions, all the stipulations
the city has imposed or has suggested a number of conditions.
So if anyone wants to present a motion.
» Yeah, I can present a motion. Uh motion uh for us to recommend to the city
council the approval of the cup [clears throat] to allow Bluef Fire
Brands LLC to operate a cannabis micro business at 12702 Sheran Avenue South
subject to the 13 conditions of approval noted.
» We have a motion >> second.
» All those in favor say I. >> I oppose say nay.
» All right, the motion carries. Congratulations.
» Thank you. >> Yeah. Thank you.
All right. Our next agenda topic is updates.
» Updates from staff. >> Yeah. The only update is um the city
council did select a new commissioner as commissioner Ali has termed out. So we
do have one new commissioner joining um joining us. Um he will be at the train
next week. Um don't know his name off the top of my head right now so I
apologize but uh we welcome him. Uh we'll miss Ali and his time on this
commission. However, I believe he did get appointed to the EDC so economic
development commission. So Ali will continue to serve the community. Update
for zoning. >> Um the zoning ordinance that this body
approved um did get approved by the city council. Um it will be published in the
newspaper this coming Friday. and then the codified in um the following week.
So, it'll be live online. So, I thank everyone for all their time and effort
on that one and uh we're excited to see that finally go live.
» Absolutely. >> So, that's that's it.
» Awesome. Any updates from commissioners? I skipped you.
» No. All right. Then the last agenda topic tonight is adjournment.
Who would like to make a motion? >> Some move. Can I get a second?
» All those in favor say I. I. Oppose say nay.
» And the motion carries. That's a wrap.