1 00:00:02,000 --> 00:00:13,120 Good evening everyone. I am calling the Monday, June 8th, 2026 planning 2 00:00:09,040 --> 00:00:18,320 commission meeting to order at 6:30 p.m. Tonight's meeting is being conducted 3 00:00:15,120 --> 00:00:22,880 both in person and online. Meetings that the public may attend in person or the 4 00:00:20,880 --> 00:00:28,000 public may also watch this meeting online at burnsvillemn.gov/meings 5 00:00:25,920 --> 00:00:35,440 GV/meings or view us on Comcast channel 16 or 859. 6 00:00:32,960 --> 00:00:41,200 The public can also join us on Zoom by going to zoom. us/join. 7 00:00:39,440 --> 00:00:47,440 More information is available on our meetings web page and in the agenda. 8 00:00:45,200 --> 00:00:53,039 Our first agenda topic tonight is the adoption of the agenda. 9 00:00:50,559 --> 00:00:56,879 Have we had an opportunity to review the agenda? And can I get a motion? Motion 10 00:00:56,160 --> 00:01:00,079 » second. >> All right. All those in favor say I. 11 00:00:58,879 --> 00:01:05,920 » I. >> All right. The motion carries. 12 00:01:03,600 --> 00:01:12,240 » Our second agenda topic tonight is the approval of there our minutes from the 13 00:01:08,080 --> 00:01:16,400 May 11th, 2026 meeting. Commissioners, have we had an opportunity to review? 14 00:01:14,000 --> 00:01:18,960 And can I get a motion? >> Motion to approve. 15 00:01:18,240 --> 00:01:22,960 » Second. >> All those in favor say I. I. 16 00:01:21,280 --> 00:01:27,159 » Oppos say nay. >> Motion carries. Our 17 00:01:28,479 --> 00:01:36,880 third agenda topic tonight is a public hearing of the application of Blue Fire 18 00:01:33,360 --> 00:01:42,159 Brands LLC for a conditional use permit to allow a cannabis micro business at 19 00:01:40,240 --> 00:01:48,079 12701 Sheridan Avenue South being presented by 20 00:01:45,040 --> 00:01:51,439 associate planner Miss Chapman. >> Thank you chair for that introduction. 21 00:01:49,920 --> 00:01:56,000 Yes. This afternoon I'm going to talk about the conditional use permit to 22 00:01:53,119 --> 00:02:01,719 allow a cannabis micro business at 12701 Sheridan Avenue South by Bluef Fire 23 00:01:58,320 --> 00:02:01,719 Brands LLC. 24 00:02:02,000 --> 00:02:08,239 The lefth hand image is a pictometry or an aerial photo of the subject site. The 25 00:02:06,479 --> 00:02:12,640 principal structure is located in the northeastern portion of the property and 26 00:02:10,720 --> 00:02:16,080 the right hand image is a zoning map of the subject property and surrounding 27 00:02:14,400 --> 00:02:21,280 lots. The subject property is zoned I1 28 00:02:18,319 --> 00:02:26,000 industrial park and is guided as IND industrial office in the 2040 29 00:02:23,280 --> 00:02:34,160 comprehensive plan. Directly to the west is um zoned P for park and is uh 30 00:02:30,319 --> 00:02:38,480 Soufisher Memorial Park and guided as PR parks and recreation. Directly to the 31 00:02:36,400 --> 00:02:43,096 north is the B4 highway commercial district and slightly to the east as 32 00:02:41,200 --> 00:02:47,680 well is also that district [clears throat] 33 00:02:44,000 --> 00:02:52,560 and guided B US business retail office. And directly to the south in a yellow 34 00:02:49,599 --> 00:02:58,400 color and hatched area is the R3B highdensity residential district and 35 00:02:54,800 --> 00:03:04,319 guided HDR highdensity residential. in this area to the south is significant in 36 00:03:01,040 --> 00:03:07,920 that last year in fall 2025 the planning commission and city council gave 37 00:03:06,080 --> 00:03:14,720 approval to Reutder Walton development which was a 120 unit apartment complex 38 00:03:11,840 --> 00:03:20,480 um serving workforce housing um they have started preparation work the past 39 00:03:17,760 --> 00:03:24,800 few weeks they were issued a building permit I think a few weeks ago to a 40 00:03:22,560 --> 00:03:28,480 month ago now and they intend to do construction [clears throat] within 41 00:03:26,879 --> 00:03:33,440 I'd say the next few weeks week sometime this summer. Um, and we when we were 42 00:03:31,680 --> 00:03:39,519 formulating the conditions of approval for the cup, we um consulted with our 43 00:03:37,599 --> 00:03:45,680 attorney and drafted these conditions with that that complex in mind. Um, and 44 00:03:44,239 --> 00:03:51,000 we have come to agreement with those conditions and we'll get to that later 45 00:03:47,120 --> 00:03:51,000 in the report as well. 46 00:03:51,280 --> 00:03:58,000 Uh some background on the this subject is that Bluef Fire Brands LLC is seeking 47 00:03:56,159 --> 00:04:01,920 conditional use permit approval to allow a cannabis micro business at the subject 48 00:04:00,159 --> 00:04:06,480 property. The subject property as mentioned previously is zoned I1 49 00:04:04,080 --> 00:04:11,680 industrial park and within that district micro businesses are a conditional use. 50 00:04:09,519 --> 00:04:17,120 Micro businesses are defined as a person entity licensed under Minnesota statutes 51 00:04:14,560 --> 00:04:21,280 chapter 342 to cultivate, manufacture and sell cannabis products and related 52 00:04:19,359 --> 00:04:24,960 supplies to perform other activities authorized by the license. 53 00:04:24,080 --> 00:04:30,240 The applicant [clears throat] is proposing to cultivate and manufacture 54 00:04:27,199 --> 00:04:33,440 cannabis. Um and then in the report I also mentioned with the potential for 55 00:04:31,680 --> 00:04:39,280 retail sales but after speaking with the applicant that is um very likely to 56 00:04:35,840 --> 00:04:43,600 occur as well. Um, so just would like to mention that beforehand. Um, the the 57 00:04:41,680 --> 00:04:47,840 applicant would be occupying 11,000 square feet of space in the central 58 00:04:45,199 --> 00:04:53,040 tenant space in a 27,000 square foot building. Common procedures would 59 00:04:50,080 --> 00:04:57,919 include things such as uh cultivation, drying, trimming, curing, and stoaging. 60 00:04:55,600 --> 00:05:03,040 Um, there's no exterior modifications proposed for this project except the 61 00:04:59,919 --> 00:05:08,880 potential for installation of signage. Um and uh originally there was talks 62 00:05:06,479 --> 00:05:13,199 about doing potentially retail business at either this location or at another 63 00:05:10,880 --> 00:05:17,840 site but as mentioned previously this is likely to occur at this location. Uh the 64 00:05:15,840 --> 00:05:25,039 purpose of the conditional use permit is to evaluate the use and the location as 65 00:05:20,560 --> 00:05:28,240 it is heavily regulated by the state. The subject property has been platted 66 00:05:26,800 --> 00:05:33,280 several times over the past several years. In 1975, the property was platted 67 00:05:31,280 --> 00:05:38,800 as Outlaw A in Hedberg, Burnsville, First Edition. And then in 1997, the 68 00:05:35,919 --> 00:05:43,759 property was a remnant outlot of outlot A through Hedber, Burnsville, second 69 00:05:40,639 --> 00:05:47,600 edition, which is a two lot subdivision. And the adjacent parcel at the time was 70 00:05:45,919 --> 00:05:52,880 developed as a multi-tenant commercial building with B4 zoning. And as I was 71 00:05:50,639 --> 00:05:57,759 looking through those documents, I between the years of 1970s to the 1990s, 72 00:05:56,000 --> 00:06:02,479 a lot of the subject proper, a lot of those properties were zoned I1. Um, and 73 00:06:00,560 --> 00:06:09,039 then as it got closer to the 90s, a lot of those zoning started to get reszoned 74 00:06:04,639 --> 00:06:13,520 to um B4, higher commercial zoning. And I couldn't really glean 75 00:06:11,440 --> 00:06:19,600 reasoning for keeping the exact zoning at this time. So from what I can gather 76 00:06:16,639 --> 00:06:24,000 from that information, it has basically retained its I1 designation. So in other 77 00:06:22,000 --> 00:06:29,199 words, it is a legacy designation from previous platting. [clears throat] 78 00:06:25,919 --> 00:06:32,800 Um most recently in 2001, the site was platted in a single lot subdivision 79 00:06:31,199 --> 00:06:37,280 known as Hedberg Burnsville third edition. um and received conditional use 80 00:06:35,280 --> 00:06:41,280 permit approval in that same year for outdoor storage of boats, campers, 81 00:06:39,199 --> 00:06:46,160 recreational vehicles, trucks, and other vehicles on the west side of the 82 00:06:42,720 --> 00:06:50,639 property within that fenced in area. And within that same year, the building was 83 00:06:47,840 --> 00:06:56,000 also constructed. Um and now I'm going to briefly talk about um cannabis 84 00:06:53,520 --> 00:07:01,520 ordinances in regards to state as well as uh the Burnsville specific ordinance. 85 00:06:59,840 --> 00:07:06,319 And this might be a recap for a lot of you. Um, but in 2023, the Minnesota 86 00:07:04,479 --> 00:07:12,479 legislature passed Minnesota statute 342, uh, which a which was later amended 87 00:07:09,440 --> 00:07:16,880 in 2024 to allow adult use cannabis, which which created the Office of 88 00:07:14,240 --> 00:07:21,120 Cannabis Management, also known as OCM, which oversees cannabis licensing and 89 00:07:18,880 --> 00:07:24,720 enforcement. Cities were given an opportunity to create ordinances that 90 00:07:22,800 --> 00:07:30,080 dictated time, place, and manner. They could also create buffers and caps. um 91 00:07:27,759 --> 00:07:35,120 buffers could be in regards to location of schools and daycarees and parks. Um 92 00:07:33,120 --> 00:07:40,960 when the city of Burnsville brought this to uh the city council, the city council 93 00:07:38,160 --> 00:07:45,199 gave direction to staff to um not initiate any buffers or caps on cannabis 94 00:07:43,120 --> 00:07:49,840 businesses because it was seen seen as very similar to liquor and tobacco 95 00:07:47,199 --> 00:07:55,840 sales. um which created ordinance number 1619 96 00:07:51,360 --> 00:08:01,199 um which uh resulted in city code 10753 adult use cannabis. Um and within that 97 00:07:58,720 --> 00:08:06,240 zoning ordinance it discusses various cannabis business types and 98 00:08:04,319 --> 00:08:11,280 identifies them as either one of three things uh permitted, conditional or 99 00:08:08,960 --> 00:08:15,840 prohibited. This specific use is a conditional use. The applicant received 100 00:08:13,759 --> 00:08:21,039 notification in May or June last year in 2025 of preliminary license approval and 101 00:08:18,319 --> 00:08:24,639 has 18 months to secure the location um and complete all state requirements and 102 00:08:22,879 --> 00:08:29,840 this is the fifth conditional use permit that the city or that the planning 103 00:08:26,000 --> 00:08:33,599 commission has seen thus far. The primary function of the business 104 00:08:31,599 --> 00:08:38,560 will be to produce cannabis flour for sale for dispensaries and wholesale 105 00:08:35,279 --> 00:08:43,919 businesses. Um much of the space as I mentioned earlier uh will be inter 106 00:08:40,800 --> 00:08:49,120 interior modifications. Um and much of this development is to have spaces 107 00:08:47,440 --> 00:08:52,720 dedicated towards cultivation, processing and packaging. Uh four rooms 108 00:08:51,760 --> 00:08:57,360 will [clears throat] be dedicated to flowering rooms um which will make the 109 00:08:55,040 --> 00:09:03,519 majority of the space and there will be a 760 square foot space dedicated to 110 00:09:00,399 --> 00:09:07,920 retail. Um and if it was not if it's not converted into a retail space, it will 111 00:09:05,839 --> 00:09:12,880 be it will remain as an office labeling breakroom and packaging space. Uh this 112 00:09:10,959 --> 00:09:18,880 dispensary would primarily sell cannabis flour cultivated on site and other 113 00:09:15,200 --> 00:09:23,200 products from other businesses in accordance with city or the state 114 00:09:21,040 --> 00:09:27,519 statutes. Security measures must also be followed and that includes things like 115 00:09:25,279 --> 00:09:31,680 uh door alarms, motion detectors, and cameras. Uh and then the applicant 116 00:09:30,160 --> 00:09:37,040 mentioned that that staff would enter through the rear doors using a security 117 00:09:33,360 --> 00:09:41,360 code and um regardless of whether uh retail dispensary is established on 118 00:09:39,120 --> 00:09:47,279 site, public will not be able to access the cultivation spaces. Um with the 119 00:09:44,959 --> 00:09:51,839 dispensaries on site, customers would have to enter a secure vestibule with a 120 00:09:49,279 --> 00:09:55,600 security guard checking ID and there would be a steel reinforced locked door 121 00:09:53,760 --> 00:09:58,959 separating the retail and cultivation spaces. 122 00:09:57,519 --> 00:10:02,320 And in terms of the odor suppression plans, they're very similar to the past 123 00:10:00,720 --> 00:10:06,800 condition or the past conditional use permit um odor suppression plans from 124 00:10:04,480 --> 00:10:10,160 other facilities as well. Um they will have an HVAC system with control 125 00:10:08,720 --> 00:10:14,079 temperature and humidity without introducing outside air. Um each 126 00:10:12,399 --> 00:10:19,279 cultivation room will have a ductless air handling system um to recirculate 127 00:10:16,720 --> 00:10:22,480 air. Uh recirculating air scrubbers will be shared in support areas to mitigate 128 00:10:21,040 --> 00:10:26,880 odors in the building and there will be no mechanical pathways that will direct 129 00:10:24,399 --> 00:10:30,959 air outdoors. They anticipate to have four to five 130 00:10:28,640 --> 00:10:35,680 employees um specifically for the cultivation use and cultivation will be 131 00:10:33,519 --> 00:10:40,640 open between the hours of 7:00 a.m. to 5:00 p.m. Monday through Saturday with 132 00:10:37,519 --> 00:10:44,399 limited hours on Sunday. And if with retail sales, they would hire an 133 00:10:42,240 --> 00:10:48,800 additional 5 to six employees on site with hours of operation for retail from 134 00:10:46,880 --> 00:10:54,079 10:00 a.m. to 6:00 p.m. Monday through Thursday and 10:00 a.m. to 8:00 p.m. 135 00:10:51,360 --> 00:10:58,320 Friday through Saturday. And here's a site plan that the 136 00:10:56,160 --> 00:11:04,320 applicant provided us. The lefth hand image is uh shows the subject property 137 00:11:02,160 --> 00:11:08,399 and those three tenant spaces. The applicant would be residing within the 138 00:11:06,240 --> 00:11:13,440 middle tenant space which is highlighted in the green. The right-h hand image is 139 00:11:10,800 --> 00:11:17,760 a breakdown of those spaces. Um and as mentioned previously, um most of this 140 00:11:16,079 --> 00:11:22,959 space will be dedicated towards flowering rooms and mainly cultivation 141 00:11:19,760 --> 00:11:26,800 practices. Um, and I'd like like to highlight as well that the retail space 142 00:11:24,560 --> 00:11:34,279 will be located in uh the [snorts] blue section on the screen, which is uh the 143 00:11:29,200 --> 00:11:34,279 north western portion of this picture. 144 00:11:35,920 --> 00:11:42,480 Uh, under city code 10726, uh, the city calculates the minimum 145 00:11:40,800 --> 00:11:47,519 number of parking stalls required based on the uses within the building. And as 146 00:11:45,120 --> 00:11:51,519 such, uh, staff calculated it based off three tenants that would be residing in 147 00:11:49,519 --> 00:11:55,279 this building. So at this time that will be Demcom Demolition, Crystal Fresh 148 00:11:53,760 --> 00:12:00,560 which is a snow cone flavoring manufacturer and then the applicant. Um 149 00:11:58,160 --> 00:12:05,040 if the applicant does not do any retail sales then a total of 37 stalls are 150 00:12:02,959 --> 00:12:10,480 required for this project. If retail sales are um if the applicant who likes 151 00:12:08,480 --> 00:12:15,040 to do retail sales, an additional two stalls are required for this project for 152 00:12:12,320 --> 00:12:20,760 a total of 39 parking stalls. The site currently has 46 parking stalls meeting 153 00:12:17,200 --> 00:12:20,760 the minimum requirement. 154 00:12:21,040 --> 00:12:27,600 Um and then as part of a cultivation business, they do receive some 155 00:12:25,120 --> 00:12:33,040 deliveries in regards to supplies for their business. And large shipments in 156 00:12:30,720 --> 00:12:38,160 terms of their for cultivation will occur about every 3 weeks to every 157 00:12:35,120 --> 00:12:42,320 month. And these deliveries will occur through their rear rollup doors behind 158 00:12:40,000 --> 00:12:46,399 their building. Smaller deliveries will come from USPS or FedEx and those will 159 00:12:44,639 --> 00:12:51,360 happen periodically. Most delivery deliveries will occur on 160 00:12:48,639 --> 00:12:56,000 pallets containing cultivation supplies and um the products produced on site 161 00:12:54,560 --> 00:12:59,839 will be collected from a licensed cannabis transportation business that 162 00:12:58,079 --> 00:13:04,800 will collect them from those same rollup doors 163 00:13:01,360 --> 00:13:09,440 and staff um on site will seal the produced products in OCM approved bags 164 00:13:07,519 --> 00:13:13,360 and place them in totes. These totes will collected every 3 weeks between 8 165 00:13:11,360 --> 00:13:16,720 a.m. and 5:00 pm in sprinter vans and small cube trucks. [snorts] 166 00:13:15,120 --> 00:13:20,800 The licensed cannabis transportation business will distribute to cannabis 167 00:13:18,320 --> 00:13:24,079 dispensaries and wholesalers. This the applicant does not have a transportation 168 00:13:22,480 --> 00:13:28,320 business and will not distribute these products. 169 00:13:26,880 --> 00:13:32,000 The applicant mentioned that there is a dumpster on site that will be located 170 00:13:29,920 --> 00:13:35,839 behind the building. Um under the screening requirements of our city code, 171 00:13:33,760 --> 00:13:40,160 there are three ways in which uh trash can be screened. One is to screen the 172 00:13:38,160 --> 00:13:44,320 tra the private trash and recyclables by screening it on three sides. Or you can 173 00:13:42,720 --> 00:13:47,440 screen it from public view behind the principal structure. Otherwise, you can 174 00:13:46,160 --> 00:13:51,600 store them within the principal structure or an accessory structure. In 175 00:13:49,760 --> 00:13:54,880 this case, the applicant has elected to put the dumpster behind the building 176 00:13:52,959 --> 00:13:59,839 where there is no public visibility from Sheridan Avenue South. 177 00:13:57,360 --> 00:14:04,320 And the dumpster would be collected uh weekly and much of the waste generated 178 00:14:01,519 --> 00:14:08,639 on site would be office related. The applicant has also um indicated to staff 179 00:14:06,800 --> 00:14:13,839 that they've not determined the rooftop utility plans at this time. Um as such, 180 00:14:11,199 --> 00:14:17,040 staff has generated a condition to safeguard this requiring that all 181 00:14:15,440 --> 00:14:21,519 rooftop utilities must meet our screening requirements. Um in screening 182 00:14:19,920 --> 00:14:26,800 specifically in our ordinance states that all rooftop utility units must be 183 00:14:25,199 --> 00:14:30,160 um screened from ground level view through parapit walls, pen houses or 184 00:14:28,800 --> 00:14:34,160 other architecturally integrated features. 185 00:14:32,240 --> 00:14:37,920 The proposal is a use request since it is regulated by the state. The project 186 00:14:36,240 --> 00:14:41,279 meets the findings for approval of a conditional use permit. The proposal 187 00:14:39,760 --> 00:14:46,880 meets the intent of the zoning ordinance and comprehensive plan and meets 188 00:14:43,120 --> 00:14:50,000 Burnsville ordinance number 1619. Staff recommends that plan commission 189 00:14:48,399 --> 00:14:54,160 recommend to the city council approval of the conditional use permit to allow 190 00:14:51,920 --> 00:14:59,360 Bluef Fire Brands LLC to operate a cannabis micro business at 12701 191 00:14:57,120 --> 00:15:02,639 Sheridan Avenue South subject to the 13 conditions of approval. 192 00:15:01,199 --> 00:15:05,440 The project shall be completed in accordance with the submitted plans and 193 00:15:04,000 --> 00:15:09,279 as amended by these conditions of approval. Any significant changes to the 194 00:15:07,600 --> 00:15:12,560 plans is determined by the planning staff shall require review and approval 195 00:15:11,279 --> 00:15:17,199 by the planning commission and city council. Conditional use permit approval 196 00:15:15,360 --> 00:15:20,720 shall expire one year from the date of the city council approval unless a 197 00:15:19,199 --> 00:15:24,959 building permit has been requested and approved or the city council grants the 198 00:15:22,880 --> 00:15:28,480 time extension. The city council may extend the expiration date upon written 199 00:15:26,800 --> 00:15:31,920 application by the person to whom the approval [snorts] was granted. 200 00:15:30,399 --> 00:15:35,120 The applicant shall complete pre pre-licens inspections and other 201 00:15:33,600 --> 00:15:38,880 necessary steps required by the Minnesota Office of Cannabis Management 202 00:15:37,199 --> 00:15:43,120 to obtain a fully issued cannabis business license. All private trash and 203 00:15:41,519 --> 00:15:48,240 recyclable materials shall be screened in accordance with city code 10718B. 204 00:15:46,079 --> 00:15:52,880 All rooftop and mechanical equipment installed shall be screened in 205 00:15:49,680 --> 00:15:57,759 accordance with city code 10231E. All new signage installed on site shall 206 00:15:54,800 --> 00:16:02,079 be in accordance with city code 1030. All cannabis cultivation and excuse me 207 00:16:00,320 --> 00:16:05,519 in manufacturing activities shall be fully contained within the principal 208 00:16:03,519 --> 00:16:10,000 structure. No outdoor activities or storage are permitted. Applicant shall 209 00:16:08,240 --> 00:16:14,240 submit proof of valid preliminary and final license from the Minnesota Office 210 00:16:11,759 --> 00:16:18,800 of Cannabis Management prior to operation and within one year of 211 00:16:16,000 --> 00:16:23,199 approval of the CUP. Otherwise, the CUP will automatically expire. The business 212 00:16:21,600 --> 00:16:26,720 shall maintain all required state licenses for the duration of the 213 00:16:24,639 --> 00:16:30,160 conditional use permit. Failure to operate in compliance with the Minnesota 214 00:16:28,320 --> 00:16:34,079 statutes and rules governing cannabis micro businesses shall be grounds for 215 00:16:32,560 --> 00:16:38,000 termination of the conditional use permit. The business shall implement 216 00:16:36,240 --> 00:16:42,959 odor suppression measures including but not limited to HVAC filtration or carbon 217 00:16:40,720 --> 00:16:46,720 scrubbers to prevent detectable odors beyond the property line. Security 218 00:16:44,959 --> 00:16:50,399 measures shall be installed and maintained consistent with the office of 219 00:16:48,240 --> 00:16:53,680 cannabis management's requirements and city code including controlled access, 220 00:16:52,320 --> 00:16:58,000 exterior lighting and surveillance cameras. If a dispensary is established 221 00:16:56,079 --> 00:17:00,959 on site, additional parking stalls shall be striped behind the building. A 222 00:16:59,600 --> 00:17:05,760 parking plan shall be submitted and reviewed by staff prior to striping 223 00:17:02,880 --> 00:17:09,039 striping. With that in mind, I will turn it over to the planning commission for 224 00:17:07,280 --> 00:17:12,160 any comments or questions that you may have. 225 00:17:10,079 --> 00:17:16,480 » Thank you, Miss Chapman. All right, commissioners, do you have any questions 226 00:17:14,079 --> 00:17:19,919 for staff? >> Commissioner L. 227 00:17:17,280 --> 00:17:23,039 » Uh question on the other cups of the building. Is there anything else that is 228 00:17:21,520 --> 00:17:25,919 impacted that needs to be changed or altered at this point? When I was 229 00:17:24,880 --> 00:17:29,760 looking through it, I didn't see anything that required or impacted 230 00:17:28,000 --> 00:17:34,559 anything. That conditional use permit is specific to outdoor storage, which would 231 00:17:31,440 --> 00:17:38,799 be on the west side of the property. Um, the only thing I could see is if the 232 00:17:36,320 --> 00:17:44,640 applicant was requesting outdoor storage, then that would require a 233 00:17:40,400 --> 00:17:48,080 conditional use permit amendment. >> Commissioner. 234 00:17:46,960 --> 00:17:54,160 » All right. uh it may 235 00:17:51,200 --> 00:17:59,039 provide a retail component either on this site or another site if I 236 00:17:57,280 --> 00:18:02,640 understood it correctly. >> Yep. So originally I wrote the report 237 00:18:00,960 --> 00:18:06,640 with the thought there's there was potential for retail sales but after I 238 00:18:04,559 --> 00:18:10,240 spoke with the applicant there's a large possibility of having retail sales on 239 00:18:08,880 --> 00:18:15,440 site. >> Okay. [clears throat] 240 00:18:12,160 --> 00:18:20,559 Does this authorize the retail also or do they need to come back? It does. Yes, 241 00:18:18,000 --> 00:18:23,799 it allows retail with this conditional use permit. 242 00:18:25,280 --> 00:18:34,240 » I can just add clarification to that one. So, the applicant has a 243 00:18:31,919 --> 00:18:38,320 um preliminary approval for a cannabis 244 00:18:36,080 --> 00:18:43,200 micro business underneath that cannabis micro business umbrella retails within 245 00:18:41,600 --> 00:18:46,400 that. So, it's very similar to some of the other applications we have seen here 246 00:18:44,720 --> 00:18:52,080 in this zoning district, standalone retail will not be permitted. Um, in the 247 00:18:49,360 --> 00:18:56,480 I1 district, um, however, since this is a cannabis micro business, underneath 248 00:18:54,880 --> 00:18:59,679 that umbrella, they can do retail, cultivation, manufacturing, all that 249 00:18:58,240 --> 00:19:06,799 falls underneath this conditional use permit. So, kind of add a little more 250 00:19:03,280 --> 00:19:10,880 detail to that. Commissioner Anderson, 251 00:19:08,880 --> 00:19:18,000 » will they have to build out all the security for the retail right now when 252 00:19:15,039 --> 00:19:22,960 they modify for, you know, the manufacturing growing or 253 00:19:20,240 --> 00:19:27,520 can they do that later? [clears throat] >> So, I know that we 254 00:19:25,520 --> 00:19:34,000 earlier this year we had a different business that was going to do um 255 00:19:31,440 --> 00:19:39,039 cultivation and manufacturing before retail. And so we stated to them if they 256 00:19:36,880 --> 00:19:42,240 wanted to do the cult or for the retail first they would have to meet those 257 00:19:40,320 --> 00:19:46,880 requirements and then later the manufacturing. So it depends on how the 258 00:19:44,640 --> 00:19:51,919 applicant would like to proceed if this would be something they want to complete 259 00:19:48,799 --> 00:19:55,600 you know operate all at once. If they strictly just want to do cultivation at 260 00:19:54,160 --> 00:20:01,200 the beginning then they need to have that in place. Um, regardless, they need 261 00:19:57,919 --> 00:20:06,960 to meet state requirements on cannabis and security measures. 262 00:20:05,280 --> 00:20:11,840 » Do they have to come back for a separate building permit to do the retail to 263 00:20:09,600 --> 00:20:14,000 build out the retail if they don't do it now? 264 00:20:12,320 --> 00:20:16,880 » Correct. If they just submit a building permit and they're just doing if the 265 00:20:15,760 --> 00:20:21,760 building permit was only for cultivation, they would need another 266 00:20:19,039 --> 00:20:24,880 building permit for that retail space. Unless they do one building permit that 267 00:20:23,520 --> 00:20:28,919 includes both, then they wouldn't need to come back for another one. 268 00:20:30,159 --> 00:20:39,280 » Just so I'm I'm clear, this is the only product that would be allowed to have 269 00:20:35,600 --> 00:20:44,799 retail in that district. >> Yeah. um commissioner. So underneath the 270 00:20:42,320 --> 00:20:50,240 cannabis micro business lensure from the state of Minnesota 271 00:20:47,200 --> 00:20:53,360 within this zoning district and in all zoning districts, cannabis micro 272 00:20:51,760 --> 00:20:58,960 businesses require a conditional use permit. 273 00:20:55,039 --> 00:21:04,000 So by in general generally in the I1 district, we don't do not allow retail. 274 00:21:01,760 --> 00:21:07,280 However, with the conditional use permit for a micro business, kind of similar to 275 00:21:05,440 --> 00:21:10,640 like a brewery, it would trigger that the conditional use covers that or 276 00:21:08,960 --> 00:21:14,159 allows permits for it. >> And that was going to be my next 277 00:21:11,760 --> 00:21:17,039 question. So, if say a brew pub came in, they might be able to get approval for 278 00:21:16,000 --> 00:21:22,000 something like that. The reason I'm asking these questions is it goes back 279 00:21:19,200 --> 00:21:25,120 to when the council originally talked about whether there would be any 280 00:21:23,520 --> 00:21:28,240 restrictions on these cannabis business. And part of the reason was they they 281 00:21:26,640 --> 00:21:31,600 wanted it to be treated like any other business. So, I want to make sure 282 00:21:30,159 --> 00:21:34,640 they're not getting special treatments simply because we're giving them a 283 00:21:33,200 --> 00:21:38,000 conditional [clears throat] use permit simply because they sell cannabis. 284 00:21:36,400 --> 00:21:42,799 » No, that's a good good point there, Commissioner. So, we have it's come to 285 00:21:40,320 --> 00:21:46,799 our attention that we have aired in this code and we'll probably bring this 286 00:21:43,919 --> 00:21:51,760 before you at a later date. Um, the original intent from the council was to 287 00:21:48,799 --> 00:21:56,960 allow cannabis uses um where we allow similar uses, other 288 00:21:54,159 --> 00:22:04,960 uses, tobacco breweries and such. Well, we didn't think about breweries and THC. 289 00:22:01,280 --> 00:22:09,440 A lot of breweries allow for hemp tea uh produce hemp THC products. We didn't 290 00:22:08,000 --> 00:22:12,480 think about that when we did it. So, we had to go back and do that. However, to 291 00:22:11,120 --> 00:22:18,159 complicate things, the federal government does have a ban beginning in 292 00:22:15,200 --> 00:22:20,720 November on hempbased THC beverages. And we reached out to the state of Minnesota 293 00:22:19,520 --> 00:22:24,000 on that one. They weren't able to give us clear guidance at this time. So, 294 00:22:22,799 --> 00:22:28,400 we're kind of putting the pause button on that one because if they like federal 295 00:22:26,480 --> 00:22:34,159 government goes moves forward with this as legislative change, all hemp deprived 296 00:22:31,600 --> 00:22:39,200 THC will have to you have to go back to the 297 00:22:37,200 --> 00:22:42,159 drawing board on that one. So, that's where we're kind of in the pause but 298 00:22:40,320 --> 00:22:44,799 like do we do an ordinance amendment now or do we wait and see what happens? 299 00:22:43,760 --> 00:22:48,080 We're kind of in that wait and see approach, but we either way that's 300 00:22:46,799 --> 00:22:51,600 something we didn't think about when we did this. We didn't think breweries and 301 00:22:49,760 --> 00:22:55,600 the THC. So that's something we have to go back and take a look at. So we're 302 00:22:54,240 --> 00:23:02,159 making sure we're consistent. We're training everyone fair. That was the 303 00:22:57,840 --> 00:23:06,559 intent or the direction I should say. >> Thank you, 304 00:23:04,480 --> 00:23:11,120 » Commissioner Anderson. >> It you noted the employees would enter 305 00:23:08,799 --> 00:23:16,080 from the back, but there really isn't any outline parking in the back. Is it 306 00:23:14,080 --> 00:23:20,000 is that allowable that they could park back there? 307 00:23:17,120 --> 00:23:23,919 » Yes, they can park back there. and they were planning to park right near one of 308 00:23:22,320 --> 00:23:28,640 the rollup doors that they would not be using. Um, we didn't ask for that 309 00:23:26,799 --> 00:23:33,360 diagram or plan, but if they're going to be doing retail sales, we want to make 310 00:23:30,559 --> 00:23:40,080 sure that there's enough parking on site um for those employees back there. So, 311 00:23:37,280 --> 00:23:43,520 we had a condition back in the I think it was condition 13 that stated that 312 00:23:42,000 --> 00:23:48,480 striping needed to be added to accommodate any additional parking. 313 00:23:47,120 --> 00:23:52,720 It's also worth noting too, commissioners, that the the rear of the 314 00:23:50,880 --> 00:23:56,720 building is fenced in too. So, there's a little additional security measure on 315 00:23:54,640 --> 00:24:01,120 that. So, this is something else as Kier and I were looking at this application. 316 00:23:58,880 --> 00:24:07,720 Um, we know that's fenced in. So, it's an additional and there's a gate too to 317 00:24:03,200 --> 00:24:07,720 limit access back there if needed. 318 00:24:08,000 --> 00:24:13,600 » All right. Commissioners said there's no more questions for staff. 319 00:24:12,159 --> 00:24:17,760 All right. Then before we open the public hearing, if the applicant is in 320 00:24:15,200 --> 00:24:23,039 the room, I invite you to um join the podium, make an introduction, and I'll 321 00:24:20,640 --> 00:24:27,440 um let the commissioners ask some questions. 322 00:24:24,480 --> 00:24:29,679 » John Robertson, Bluef Fire Brands. >> Can you state your address for the 323 00:24:28,880 --> 00:24:35,440 record? >> Uh 12 701 Sheridan Avenue South, 324 00:24:33,919 --> 00:24:40,760 Burnsville. >> All right, commissioners, did you have 325 00:24:36,720 --> 00:24:40,760 any questions for the applicant? 326 00:24:42,000 --> 00:24:47,360 Commissioner Long, >> can you give us a little bit more 327 00:24:44,640 --> 00:24:52,720 clarity on the retail uh portion of this? I I I'll say I have some concerns 328 00:24:50,000 --> 00:24:56,000 because it feels like I mean that's the one thing that's holding me back from a 329 00:24:54,559 --> 00:25:03,039 yes vote right now would be the fact that we're unclear on whether you're 330 00:24:58,640 --> 00:25:07,120 going to do retail or not and if so how long or 331 00:25:05,120 --> 00:25:13,919 » so it's my plan right now to not do retail there because of capital and the 332 00:25:11,039 --> 00:25:19,679 location and I've also learned that there's another dispensary that's coming 333 00:25:16,159 --> 00:25:24,880 up across from 13. So, probably we're leaning towards not doing 334 00:25:21,520 --> 00:25:28,720 a retail at this point at that location. And we need the room for what we're 335 00:25:26,640 --> 00:25:33,600 doing, we're going to use that space for office and for other things for 336 00:25:31,039 --> 00:25:39,039 packaging. And we're really leaning towards not using it as a dispensary. If 337 00:25:35,919 --> 00:25:44,799 if it helps to not add this, if that makes it an easier decision to not have 338 00:25:41,360 --> 00:25:47,600 this as part of my micro license at this time, then we don't have to put it on 339 00:25:46,480 --> 00:25:51,120 there. I'm okay with that >> and I'm not asking you to remove it. I I 340 00:25:49,440 --> 00:25:56,720 just have I mean that would be up to others but I just had that concern 341 00:25:54,240 --> 00:26:01,279 » until the ordinance is rewritten and it is kind of inclusive of other businesses 342 00:25:58,640 --> 00:26:04,080 as well. Um [clears throat] that would be my but 343 00:26:02,480 --> 00:26:09,200 » the one thing to add to commissioners under the micro business they can do a 344 00:26:06,080 --> 00:26:12,559 retail at a different site. So you can cultivate at one place manufacturing 345 00:26:10,960 --> 00:26:14,880 stuff and I think they're allowed one or two. 346 00:26:13,360 --> 00:26:16,480 » You can do both. You can do all three if you want. 347 00:26:15,279 --> 00:26:18,960 » Yeah. Well, I think you can do the retail at a different site. It doesn't 348 00:26:17,600 --> 00:26:22,559 have to be at the subject site. It can be at a different location. 349 00:26:20,799 --> 00:26:26,880 » And that's where we're leaning at this point. We're kind of waiting to see how 350 00:26:24,640 --> 00:26:31,600 many pop up and where and finding a location that maybe isn't one right 351 00:26:28,400 --> 00:26:35,440 across the highway there. >> Thank you, Mr. Hamilton. 352 00:26:32,799 --> 00:26:39,120 » So, if you have retail at another location, 353 00:26:37,279 --> 00:26:43,520 does that need to come back to us or is that all covered under one umbrella? 354 00:26:41,120 --> 00:26:46,720 » It depends where they're going. So, if they're going at a different location, 355 00:26:45,120 --> 00:26:51,679 we would want to look at the zoning to see whether it's a conditional or 356 00:26:48,880 --> 00:26:55,600 permitted use. Um, and then we could provide direction from there. But if 357 00:26:53,440 --> 00:26:59,600 they, let's say, they did want to opt to do, you know, retail at this location 358 00:26:58,320 --> 00:27:02,880 later on, they're [clears throat] still given that ability to, um, they just 359 00:27:01,679 --> 00:27:05,760 need to make sure they're meeting the ordinance requirement or the the 360 00:27:04,400 --> 00:27:10,320 conditions that we listed in this conditional use permit and then submit a 361 00:27:07,760 --> 00:27:18,520 building permit for retail sale or to do the building permit changes to the site 362 00:27:14,080 --> 00:27:18,520 to do retail at that location. 363 00:27:18,559 --> 00:27:28,400 Now, so your strategy is is to operate also as a wholesaler to sell to other 364 00:27:25,360 --> 00:27:30,960 cannabis distributors if I understood it correctly. 365 00:27:28,960 --> 00:27:35,840 » Yes. To other dispensaries that are up and running. 366 00:27:31,919 --> 00:27:42,559 » Okay. So, are there particular transportation requirements? Yes. And 367 00:27:39,840 --> 00:27:46,720 » now, would you contract with a with a carrier or use your own vehicles? 368 00:27:44,799 --> 00:27:52,000 » No, we're not allowed to. The OCM doesn't allow you to do that at all. You 369 00:27:48,480 --> 00:27:54,399 have to use a licensed carrier who's right there. 370 00:27:52,880 --> 00:27:58,159 » Okay. [laughter] >> They have their own business with it. 371 00:27:56,080 --> 00:28:04,559 And it all has to be scanned through the metric system, weighed, put in totes, 372 00:28:01,279 --> 00:28:09,760 put in licensed transportation vehicles, and brought to other locations. 373 00:28:08,159 --> 00:28:13,760 » We're not allowed to touch anything else. Nothing goes out of that building 374 00:28:11,679 --> 00:28:20,640 except for if they take it. >> Thank you. Yep. Any 375 00:28:17,840 --> 00:28:23,039 more questions for the applicant? All right. Thank you. 376 00:28:22,000 --> 00:28:27,679 » Okay. >> With that, I will open the public 377 00:28:24,799 --> 00:28:34,760 hearing at 6:58 p.m. Anyone who wishes to speak to this 378 00:28:30,399 --> 00:28:34,760 can approach the podium. 379 00:28:36,880 --> 00:28:41,440 » Did you say that the person doing the transportation is also here tonight? 380 00:28:40,559 --> 00:28:45,279 » Y. >> Come on down. 381 00:28:43,200 --> 00:28:47,360 » All right. The building owner is here as well. [clears throat] 382 00:28:46,320 --> 00:28:51,760 » Nice. >> Hey guys, uh Jared Schroeder uh with 383 00:28:49,919 --> 00:28:57,520 Meta Commercial as well as Green Haven Logistics. Uh my address is 1 19325 384 00:28:55,440 --> 00:29:02,720 Clearwater Loop and that's in Farmington, Minnesota. 385 00:29:00,240 --> 00:29:07,520 » Uh but yeah, so like he was saying, um all product in Minnesota has to be 386 00:29:04,720 --> 00:29:13,120 transported by a licensed carrier. Uh we contain a transportation license through 387 00:29:09,840 --> 00:29:19,440 uh statute 342 and governed by the OCM as well. Um all of our vehicles are GPS 388 00:29:16,480 --> 00:29:25,200 tracked. Um they are on cameras at all times. Uh they leave our facility. They 389 00:29:22,799 --> 00:29:30,320 are tracked through the cameras of our facility. Uh cameras on our vehicle. Um 390 00:29:28,720 --> 00:29:37,200 when the product is loaded up, we have cameras both external and internal. Um 391 00:29:33,679 --> 00:29:43,279 all of our vehicles have a segregated um ability. So their the cab is separated 392 00:29:39,919 --> 00:29:48,799 from the actual um storage. So they cannot access it directly. Um and they 393 00:29:46,399 --> 00:29:53,919 are tracked and monitored through uh the OCM's metric system. Um so all orders 394 00:29:52,240 --> 00:30:00,799 are placed through our website through metric. Um everything is done. Um our 395 00:29:58,000 --> 00:30:06,000 drivers are listed. Um all employees have to be background checked. um 396 00:30:02,880 --> 00:30:11,360 standard through the OCM practices. Um and basically any product within the 397 00:30:08,480 --> 00:30:16,559 state has to be run through us. Uh it cannot be run through uh any individual 398 00:30:13,919 --> 00:30:21,600 licenses. So cultivators, manufacturers, retail cannot move their own product. Uh 399 00:30:19,360 --> 00:30:26,000 micros and mezos can only move their product to their own facility. However, 400 00:30:24,080 --> 00:30:29,600 they are subject to the exact same rules and regulations that we have to follow 401 00:30:27,919 --> 00:30:33,760 as well. Um, and that's why realistically nobody actually does that 402 00:30:31,279 --> 00:30:40,480 in this industry. So, um, we've been up and running since April. Um, we've moved 403 00:30:36,720 --> 00:30:47,760 about just under 3,000 packages now over the that period of time. Um, we prefer, 404 00:30:44,559 --> 00:30:51,919 as he stated, we use um plastic totes. Um, so they are zip tied and serial tied 405 00:30:50,240 --> 00:30:56,799 so that way they are completely sealed and tracked the entire way. Uh once they 406 00:30:54,559 --> 00:31:01,360 get to the facility um they are checked in at the dispensary checked to make 407 00:30:59,039 --> 00:31:07,440 sure that the coding is done correctly uh before anything is accepted and 408 00:31:03,279 --> 00:31:09,840 transferred out of our system. >> Thank you. 409 00:31:08,320 --> 00:31:13,279 » Yeah. >> Any questions? No. 410 00:31:12,480 --> 00:31:16,760 » All right. >> Thank you. Right. 411 00:31:17,120 --> 00:31:25,320 If anyone else wishes to speak, they can step to the podium and or do we have 412 00:31:21,520 --> 00:31:25,320 anyone online? 413 00:31:27,440 --> 00:31:34,880 All right. I will close the public hearing at 7:01 p.m. Turn it over to 414 00:31:32,799 --> 00:31:38,840 commissioners for discussion and or we'll entertain any motions. 415 00:31:45,919 --> 00:31:55,120 They appear to have covered all the questions, all the stipulations 416 00:31:51,519 --> 00:31:59,919 the city has imposed or has suggested a number of conditions. 417 00:31:57,919 --> 00:32:06,960 So if anyone wants to present a motion. 418 00:32:03,039 --> 00:32:10,307 » Yeah, I can present a motion. Uh motion uh for us to recommend to the city 419 00:32:08,399 --> 00:32:14,080 council the approval of the cup [clears throat] to allow Bluef Fire 420 00:32:11,360 --> 00:32:19,919 Brands LLC to operate a cannabis micro business at 12702 Sheran Avenue South 421 00:32:17,919 --> 00:32:22,799 subject to the 13 conditions of approval noted. 422 00:32:21,679 --> 00:32:25,519 » We have a motion >> second. 423 00:32:23,919 --> 00:32:29,200 » All those in favor say I. >> I oppose say nay. 424 00:32:27,600 --> 00:32:30,960 » All right, the motion carries. Congratulations. 425 00:32:30,320 --> 00:32:34,519 » Thank you. >> Yeah. Thank you. 426 00:32:37,679 --> 00:32:43,880 All right. Our next agenda topic is updates. 427 00:32:45,600 --> 00:32:53,679 » Updates from staff. >> Yeah. The only update is um the city 428 00:32:50,399 --> 00:32:59,360 council did select a new commissioner as commissioner Ali has termed out. So we 429 00:32:56,159 --> 00:33:04,960 do have one new commissioner joining um joining us. Um he will be at the train 430 00:33:02,799 --> 00:33:08,240 next week. Um don't know his name off the top of my head right now so I 431 00:33:06,000 --> 00:33:12,320 apologize but uh we welcome him. Uh we'll miss Ali and his time on this 432 00:33:10,640 --> 00:33:17,600 commission. However, I believe he did get appointed to the EDC so economic 433 00:33:15,440 --> 00:33:21,360 development commission. So Ali will continue to serve the community. Update 434 00:33:19,679 --> 00:33:26,000 for zoning. >> Um the zoning ordinance that this body 435 00:33:23,200 --> 00:33:30,000 approved um did get approved by the city council. Um it will be published in the 436 00:33:28,000 --> 00:33:36,880 newspaper this coming Friday. and then the codified in um the following week. 437 00:33:35,039 --> 00:33:41,440 So, it'll be live online. So, I thank everyone for all their time and effort 438 00:33:38,320 --> 00:33:45,039 on that one and uh we're excited to see that finally go live. 439 00:33:44,559 --> 00:33:49,440 » Absolutely. >> So, that's that's it. 440 00:33:46,960 --> 00:33:53,600 » Awesome. Any updates from commissioners? I skipped you. 441 00:33:50,720 --> 00:33:58,159 » No. All right. Then the last agenda topic tonight is adjournment. 442 00:33:56,799 --> 00:34:04,640 Who would like to make a motion? >> Some move. Can I get a second? 443 00:34:01,600 --> 00:34:08,079 » All those in favor say I. I. Oppose say nay. 444 00:34:05,519 --> 00:34:11,480 » And the motion carries. That's a wrap.