HomeMy WebLinkAboutPC PACKET 01262015CITY OF SAINT ANTHONY VILLAGE
PLANNING COMMISSION MEETING AGENDA
t JANUARY 26, 2015
COUNCIL CHAMBERS
7:00 PM
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration discussion and possible action an all of the following items:
I. Organizational Business.
A. Motion to Accept Chair and Vice Chair Appointments.
II. Approval of the January 26, 2015 Planning Commission Meeting Agenda. (action requested.)
III. Approval of the November 24, 2014 Regular Planning Commission Meeting Minutes.
IV. Public Hearing.
A. REQUEST— Request from Timothy J. Keane on behalf of Muxamedrashid Ali and Mr. Michael Medina and
on behalf of the Property Owner St. Anthony Business Center Corporation for a Rezoning from LI — Light
Industrial to PUD — Planned Unit Development to permit the following land uses on the Property located at
3055 Old Highway 8 (PID 0602923410140 and PID 0602923410139).
V. Staff Reports.
A. REQUEST— Request from Joel Janssen for a Conditional Use Permit (CUP) to Allow a Restaurant to be
Located Less than 250 Feet from a Residentially Zoned District and Variance from the Minimum Required
Parking Stalls on the Property Located at 2510 Kenzie Terrace. (Tabled from the December 10, 2014 City
Council meeting)
VI. Other Business.
A. CONSIDER APPROVAL —2015 Planning Commission Meeting Schedule
B. CONSIDER APPROVAL -2015 Planning Commission "Work Plan°
VII. Community Forum
Individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium, sign
their name and address on theform at the podium, state their name and address for the Clerk's record, and limit their remarks to five minutes.
Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or
direct the matter to be scheduled on on upcoming agenda.
VIII. Information and Announcements.
IX. Adjournment.
Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure.
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 14 -082
A RESOLUTION APPROVING THE 2015 APPOINTMENTS AND APPOINTING THE
CHAIR AND VICE CHAIR TO THE PLANNING COMMISSION
WHEREAS, the City Council conducted interviews for the 2015 appointments to the Planning
Commission; and
WHEREAS, the City Council recommended appointing Robert Foster and James Gondorchin
to the Planning Commissioner beginning January 1, 2015 for a three year term;
and
WHEREAS, in accordance with St. Anthony City Code §32.07, Planning Commission Bylaws,
the City Council recommends appointing Erica Crone as Chair and Dan Bartel as
Vice Chair for the Planning Commission for 2015.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony Village
hereby appoints Robert Foster and James Gondorchin for 3 year terms and Erica Crone as Chair
and Dan Bartel as Vice Chair for the Planning Commission for 2015.
Adopted this 9`h day of December. 2014.
i
Jerome 0. Faust, Mayor
ATTEST:_
Barbara J. Suckt; City Clerk
Review for Administration:
Mark Casey, Cit7 Manager
I CITY OF ST. ANTHONY
2 PLANNING COMMISSION MEETING
`* NOVEMBER 24, 2014
5 7:00 p.m.
6
7 CALL TO ORDER.
8
9 Vice Chairperson Heinis called the meeting to order at 7:00 p.m.
10
11 PLEDGE OF ALLEGIANCE.
12
13 Vice Chairperson Heinis invited the Commission and the audience to join him in the Pledge of
14 Allegiance.
15
16 ROLL CALL.
17
18 Commissioners Present: Vice Chairperson Heinis, Commissioners Bartel, Nice Papato la
Papatola
19 and Poucher.
20 Absent: Chairperson Crone.
21 Also Present: City Planner Kelsey Johnson.
22
23 I. APPROVAL OF THE NOVEMBER 24, 2014, PLANNING COMMISSION MEETING
24 AGENDA.
25
26 Motion by Commissioner Papatola, seconded by Commissioner Niccum, to approve the
27 November 24, 2014, Planning Commission agenda as presented.
28
29
30 Motion carried 5 -0.
31 II. APPROVAL OF THE NNE 23, 2014, REGULAR PLANNING COMMISSION
32 MEETING MINUTES.
33
34 Motion by Commissioner Papatola seconded by Commissioner Niccum to approve the June
35 23, 2014, Regular Planning Commission Meeting Minutes.
36
37 Motion carried 3 -0 -2 ( Niccum and Poucher abstain)
38
39 I1I. PUBLIC HEARING.
40
41 A. REQUEST — Request from Joel Janssen for a Conditional Use Permit (CUP) to Allow
42 a Restaurant to be Located Less than 250 Feet from a Residentially Zoned District and
43 Variance from the Minimum Required Parking Stalls on the Property Located at 2510
44 Kenzie Terrace.
45
46 City Planner Johnson explained the applicant has submitted a request for a CUP for a new
47 neighborhood pizza and burger restaurant occupying approximately 1,400 squaze feet within
48 the existing south building on the property, with the majority of the business consisting i
49 take -out or delivery and seating inside for approximately 30 people. She stated there will of
be
Planning Commission Regular Meeting Minutes
November 24, 2014
Page 2
1 three main access points to and from the site with an estimated 40 -60 trips per day and noted
2 that this particular use does not carry an exact designation in the ITE manual however it is
3 believed that both Kenzie and Lowry can handle the traffic volume generated by the proposed
4 use. She advised that because of the take -out and delivery nature of the business, staff is
5 leaning toward a fast food type restaurant and determined that 53 parking stalls are required.
6 She presented the site plan submitted by the applicant showing a total of 51 parking spaces
7 and noted that some areas are striped for handicapped as well as drive aisles that must be
8 maintained for access and safety and circulation on the site, so the 51 spaces has been reduced
9 by 14 for a total of 37 stalls. She reviewed the variance criteria and stated the applicant
10 proposes to use the property in a reasonable manner, allowing a restaurant is not perceived to
11 have a visual impact on the character of the neighborhood, however, depending on the
12 intensity of the use, it may have an impact in terms of the volume of traffic and parking. She
13 stated that economic considerations are not the sole basis of the practical difficulties, the
14 variance is consistent with the City's Comprehensive Plan, and the variance is in harmony
15 with the intent of the City Code.
16
17 Commissioner Niccum asked if the parking spaces at the day care could be used by both of
18 the buildings.
19
20 City Planner Johnson replied that the hours of operation for the day care and Brand I are
21 during the weekday whereas the majority of parking associated with the restaurant use would
22 be generally in the evening with some lunch time parking as well as the weekends so parking
23 could be shared on the entire site. She added that the applicant indicated in an email that they
24 are confident given their hours of operation and peak hours between 6:00 and 9:00 p.m. that
25 they have adequate parking for their business.
26
27 Vice Chairperson Heinis opened the public hearing at 7:12 p.m.
28
29 Ms. Gina Matterstad, 2342 Taft Street, stated their neighborhood is quiet with little traffic an
30 she was concerned about the access going into their neighborhood and asked if people would
31 be leaving through the back and entering their neighborhood. She was concerned this
32 business could affect her property value if there is a busy restaurant across the street from her
33 house and she was not happy about having a pizza delivery business at this location.
34
35 Mr. Josh Liebelt, 2341 Taft Street, stated his concern that the business would be open unri
36 1:00 a.m. and was also concerned about the driveways in the back going to Taft Street. He
37 indicated there have been four instances in the past where people took the corner too quick
38 and the City of Minneapolis has had to replace two boulevard trees and their privacy fence.
39 He stated when the business was operated as a breakfast place, they kept the back driveway
40 closed off so there were no traffic issues but now that driveway is open and there are too
41 many people cutting through there.
42
43 Commissioner Papatola stated he was sensitive to the issues in the back and agreed it is a tight
44 opening. He pointed out this site was previously a 7 -11 store as well as a video rental so there
45 has been a history of high traffic tenants at this location.
46
Planning Commission Regular Meeting Minutes
November 24, 2014
Page 3
1 Commissioner Bartel asked if the inside seating would be open until 1:00 a.m. He also asked
2 if the City would consider closing the driveway in the back.
4 City Planner Johnson replied the restaurant use would be open until 1:00 a.m., which is not
5 uncommon with restaurant uses. She noted the provision that any outdoor music associated
6 with the building must be shut off by 10:00 p.m., which is consistent with City Code. She
7 added there is no outdoor seating associated with the proposed use. She advised that staff
8 could check with the City Engineer and Police and Fire Departments to determine if the
9 driveway in the back could be closed prior to the City Council considering this matter.
10
11 Vice Chairperson Heinis closed the public hearing at 7:23 p.m.
12
13 Commissioner Papatola requested that the City explore the possibility of closing the back
14 entrance and felt this was a reasonable accommodation.
15
16 City Planner Johnson advised that staff would run a model on the site to see if this closure is
17 feasible and confirm the closure with the Police and Fire Departments and City Engineer.
18
19 MOTION by Commissioner Papatola, seconded by Commissioner Poucher, to recommend
20 that the City Council approve the request from Joel Janssen for a Conditional Use Permit to
21 allow a restaurant to be located less than 250 Feet from a Residentially Zoned District and to
22 recommend that the City Council approve the variance from the minimum required parking
23 stalls and recommend access on the back of the property be closed on the property located at
24 2510 Kenzie Terrace.
25
26 Motion carried 5 -0.
27
28 B. REQUEST — Request from David and Jaime Bolnick for a Variance from the Required
29 Front and Side Yard Setbacks in Order to Construct a Ground Floor and Basement
30 Addition on the Property Located at 3635 Chelmsford Road.
31
32 City Planner Johnson explained the applicant is proposing to construct a ground floor and
33 basement addition and noted that the existing home is a legal non - conforming structure and
34 any expansion requires a variance. She advised that the subject of the application is within the
35 scope of the variance process and the applicants propose to use the property in a reasonable
36 manner; in addition, it is not reasonable to remove the existing home and the variance from
37 the front and side yard appear reasonable. She stated that economic considerations are not the
38 sole basis for the practical difficulties and it is reasonable for the applicants to use the
39 property for expansion by constructing a single story expansion. She stated the proposed
40 addition is in keeping with the character of the neighborhood, the variance is consistent with
41 the City's Comprehensive Plan, the proposal seeks to improve the property, will not impact
42 the adequate supply of light or air from reaching the property or adjacent properties, and will
43 not result in overcrowding of land. She stated the applicant meets all other provisions,
44 including the rear yard setback, floor area ratio, impervious surface coverage, and building
45 coverage, and the proposed use will not conflict with adjacent land uses.
46
Planning Commission Regular Meeting Minutes
November 24, 2014
Page 4
1 Vice Chairperson Heinis opened the public hearing at 7:40 p.m.
2
3 Ms. Jaime Bolnick requested the Planning Commission provide its approval to allow them to
4 proceed with the project and stated they want to move in as soon as possible.
5
6 Vice Chairperson Heinis closed the public hearing at 7:42 p.m.
7
8 MOTION by Commissioner Papatola, seconded by Commissioner Bartel, to recommend that
9 the City Council approve the request from David and Jaime Bolnick for a variance from the
10 required Front and Side Yard Setbacks in order to construct a ground floor and basement
11 addition on the property located at 3635 Chelmsford Road. Motion carried 5 -0.
12
13
14 C. REQUEST — An Amendment to Chapter 155 of the Saint Anthony Village City Code
15 Relating to Dynamic Display Signage.
16
17 City Planner Johnson presented the proposed amendment to Chapter 155 and recited the
18 definition of a Dynamic Display Sign. She stated the existing Code permits electronic
19 message signs in the ROS District but prohibits the use of these signs from 10:00 p.m. to 6:00
20 a.m., adding there are currently no time limits specified as long as the sign promotes items of
21 general interest. She stated the proposed amendment permits the use of dynamic display
22 signs in the ROS, Rl, C, and LI zoning districts with a Conditional Use Permit. She advised
23 that the amendment requires no more than 35% of copy utilizing the display technology and
24 requires that a complete message be given on the screen and changes between messages must
25 be instantaneous with no flashing or dissolving letters. She stated that font heights are based
26 on the speed of the adjacent roadway and are intended to ensure that drivers are not squinting
27 or slowing down to read the sign. She stated these types of signs must be monochromatic
28 with a black background with no video or audio. She stated the signs cannot exceed 4,500
29 nits during the day or 450 nits at night and requires written verification from the sign
30 manufacturer before approval of the CUP. She indicated that only one dynamic display sign
31 would be permitted per lot even if the property has multiple frontages and dynamic display
32 signs would only be permitted on ground signs and pylon signs would be prohibited. She
33 stated that dynamic display signs in the ROS and R1 districts could display one message every
34 8 seconds and in the C and LI districts, the signs could display one message every 5 minutes.
35
36 Vice Chairperson Heinis asked if the Code contains a maximum height other than just the
37 physical maximum sign coverage.
38
39 City Planner Johnson stated the Code does not outline maximum height in terms of what an
40 image could be and the limitations would be 35% of the total sign area. She advised that SRF
41 Consulting researched this issue, including traffic and visibility, adding that a number of
42 neighboring communities have adopted these regulations as their model.
43
44 Vice Chairperson Heinis opened the public hearing at 7:55 p.m. No speakers were present.
45 Vice Chairperson Heinis closed the public hearing at 7:55 p.m.
46
Planning Commission Regular Meeting Minutes
November 24, 2014
Page 5
1 Commissioner Papatola complimented staff for their work and felt that staff did an
2 extraordinary job of compiling all the discussion and drafting a streamlined Code amendment.
3
4 MOTION by Commissioner Papatola, seconded by Commissioner Poucher, to recommend
5 that the City Council approve the proposed amendment to Chapter 155 of the Saint Anthony
6 Village City Code relating to dynamic display signage.
8
9
10 IV
11
12 V.
13
14 VI.
15
16
17
18
19 VII.
20
21
22
23
24
25
26
27
28
29
30
31
32
Motion carried 4 -1 ( Heinis opposed)
STAFF REPORTS — None.
OTHER BUSINESS — None.
COMMUNITY FORUM
Commissioner Poucher announced the St. Anthony Lions would be hosting a "Cocoa with
Claus" event on Saturday, December 6`n
COMMUNICATION WITH CITY COUNCIL AND OTHER COMMISSION
ACTIVITIES AND INFORMATIVE ITEMS.
It was noted that Commissioner Papatola would present to the City Council on Tuesday,
December 9, 2014.
VIII. ADJOURNMENT.
Vice Chairperson Heinis adjourned the meeting at 7:57 p.m.
Respectfully submitted,
Barbara Hughes
(TimeSaver Off Site Secretarial, Inc.)
V thFY e
MEMORANDUM
To: St. Anthony Village Planning Commission
From: Kelsey Johnson, AICP, City Planner
Date: January 20, 2015
Planning Commission Regular Meeting for January 26, 2015
WSB Project No. 02170 -002
Request: Request to Create a PUD — Planned Unit Development Overlay District on
the Property Located at 3055 Old Highway 8 (PID 0602923410140 and PID
0602923410139)
RECOMMENDATION
The Applicant's request for the creation of a PUD — Planned Unit Development Overlay District to allow
additional permitted uses as agreed to by the City Council as part of the Settlement Agreement are
reasonable and consistent with the intent of the Zoning Ordinance and the City's Comprehensive Plan.
Based on the review, staff recommends approval of the requested PUD — Planned Unit Development
Overlay District for the property located at 3055 Old Highway 8 subject to the conditions as outlined in
Exhibit C.
GENERAL INFORMATION
Applicant:
Timothy J. Keane on behalf of Muxamedrashid Ali and Mr. Michael Medina
Owner:
St. Anthony Business Center Corporation
Location:
3055 Old Highway 8 (PID 0602923410140 and PID 0602923410139)
Existing Zoning:
LI — Light Industrial
Surrounding Land
North: High Density Residential / zoned R4 — Multiple Dwellings
Use /Zoning:
East: Commercial /Industrial / zoned LI — Light Industrial (City of Roseville)
South: Industrial/ zoned LI — Light Industrial
West: Low Density Residential / zoned R1- Single Family Residence
Deadline for Agency
Application Date: 12 -18 -14
Action:
60 Days: 02 -15 -15
Letter Sent: N/A
120 Days: 04 -16 -15
January 20, 2015
Page 2
CONSIDERATIONS RELATING TO THE PROPOSED REZONING
1. Background
On February 14, 2012, an application was filed by the Applicant requesting a Conditional Use Permit
(CUP) to allow an assembly at 3055 Old Highway 8.
On March 13, 2012, the City Council passed an interim ordinance imposing a moratorium on the
issuance of Conditional Use Permits (CUPs) for assemblies, meeting lodges, or convention halls in
the City's LI — Light Industrial and C- Commercial Districts. At this time, the City Council also passed a
resolution authorizing City staff to conduct a study regarding the regulation of assemblies, meeting
lodges, and convention halls in the LI — Light Industrial and C — Commercial Zoning Districts.
On June 4, 2012, the Planning Commission held a public hearing to consider the CUP request and
recommended approval of the CUP for an assembly at 3055 Old Highway 8 subject to a number of
conditions.
On June 12, 2012, the City Council held a public meeting on the requested CUP and voted to deny
the request.
On August 27, 2014, the United States filed a Complaint against the City for violations of the
Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000.
On December 11, 2014, after a settlement conference, the City agreed, in principle, to create a
Planned Unit Development (PUD) for the properties at 3055 Old Highway 8 to allow for uses as listed
below in Section 2: Request.
On December 23, 2014, the City Council adopted Resolution 14 -088 approving the Consent Order in
the Federal Court Matter Captioned United States of America vs. City of Saint Anthony Village,
Minnesota and the Contingent Settlement Agreement in the Federal and State Court matters
captioned Abu - Huraira Islamic Center and Muxamedrashid Ali vs. City of Saint Anthony Village.
2. Request
The Applicant is requesting the creation of a PUD — Planned Unit Development Overlay District on
the property located at 3055 Old Highway 8 (PID 0602923410140 and PID 0602923410139) to
permit the following land uses as "Permitted Uses ":
1. Religious Assembly at times chosen by the Property Owner to include without limitation, prayer
services, religious education, weddings and other religious ceremonies and observances limited
to the lower level (11,655 square feet) and a limited portion of the main level (1,286 square
feet) consisting of a total of 12,941 square feet of the approximately 105,000 square foot
building;
2. Adult day care;
3. Clinics for medical /dental /and behavioral health; and
4. All other permitted uses in the Light Industrial District.
The Applicant re- submitted information from the original submittal, dated February 14, 2012, which
indicates the lower level of the building comprises approximately 13,280 square feet total. The
space identified for "religious assembly, prayer services, religious education, weddings and other
religious ceremonies and observances" is 12,941 square feet total (11,655 in the lower level and
1,286 square feet on the main level). The entire building is approximately 105,000 square feet. The
remainder of the building (the three story office tower and first level of the south building) would
allow for uses permitted in the PUD as shown in Exhibit C.
On January 19, 2015, the City received notice from the Applicant that they would like "Wellness
facility for exercise and corporate fitness center for building tenants" removed from the request.
January 20, 2015
Page 3
3. Overview.
Building and Site Layout
No exterior expansions or modifications to the existing building are proposed with the creation of
the PUD zoning (PUD preliminary and final plans and site plan) application. The parking lot layout
and green space design are proposed remain the same over existing conditions.
The religious assembly, which includes without limitation, prayer services, religious education,
weddings and other religious ceremonies and observances, is proposed to be located in 11,655
square feet of the lower level (basement) of the existing southernmost building as well as a small
portion (1,286 square feet) of the main level of the southernmost building. The interior will be
modified to meet current building and fire codes. The main floor of the southernmost building as
well as the entire north building would remain as space to be utilized by tenant of uses permitted by
the PUD Ordinance as shown in Exhibit C.
Hours of Operation
Per the settlement agreement, the religious assembly, which includes without limitation, prayer
services, religious education, weddings and other religious ceremonies and observances, would be
allowed "at times chosen by the Property Owner. In 2012, the Applicant indicated proposed hours
of operation for the religious assembly to include daily prayer from 1:00pm to 2:00pm and evening
worship and food sharing during Ramadan. It is noted by staff, and included in the PUD Ordinance
as shown in Exhibit C, that these hours will be "at times chosen by the Property Owner".
The remainders of permitted uses allowed by the PUD Ordinance as listed in Exhibit C are not
subject to restricted hours of operation.
Staffing
As indicated in the 2012 submittal, the Abu - Huraira Islamic Center will be staffed by four (4) people.
The Applicant has not indicated a change in this number at this time.
Parking and Traffic
Title XV, Chapter 152, Section §152.179 (A) ON SITE PARKING (5) MINIMUM NUMBER OF SPACES
indicates that churches, clubs and restaurants must have a number of parking spaces which is no
less than the total designed seating capacity of the structure divided by 2.5, plus 1 parking space for
each employee on the largest shift.
On May 15, 2012 staff presented information to the Planning Commission relating to the amount of
parking needed for the Conditional Use Permit (CUP) request at that time for the religious assembly
area, since that had more restrictive parking requirements (as stated above) than the general
parking requirements for light industrial uses. As indicated by the Applicant in 2012, the religious
assembly areas can accommodate a total of 261 persons. Taking 261 and dividing it by 2.5 results in
a demand of 105 parking spaces. Additional staff (four persons) parking requirements bring the
total number of spaces needed for the uses proposed as part of the PUD Ordinance to 109 spaces.
At the May 15, 2012 meeting, the Planning Commission asked staff to further investigate how many
additional parking spaces would be needed if lounges were included in the total since they would be
part of the religious assembly. The lounges would add a total of 139 "seats ". Dividing 139 by 2.5
results in 56 additional spaces needed for parking. Thus, the total amount of parking required for
the religious assembly, under a scenario where the lounges were taken into account, would be 165
spaces.
Title XV, Chapter 152, Section §152.179 (A) ON SITE PARKING (5) MINIMUM NUMBER OF SPACES
indicates that light industrial, manufacturing, testing and research uses must have 1 space for every
1,000 square feet of building floor area. The building, minus the area proposed for the religious
January 20, 2015
Page 4
assembly (12,941 square feet) is 90,520 square feet. Thus, at least 91 spaces must be on the site to
serve the remainder of the building. In 2009, a Conditional Use Permit (CUP) was issued for a
daycare center at this location. Part of the approval of the CUP included providing parking at higher
levels than the 1 space per 1,000 square feet for light industrial uses. Required parking included one
space for each employee on the largest shift and one visitor space for every 10 children. Based
today's staffing and enrollment, 12 spaces are needed. It is likely that if an "adult daycare" use is
requested at this site, a similar parking ratio would be applied, which would be evaluated at that
time.
With the additional parking for lounges, a total of 266 spaces would be needed to serve the entire
site (165 for Islamic Center, 89 for the remainder of the building (less the daycare space), and 12 for
the daycare space).
In 2012, the Applicant indicated that the amount of parking currently (legally) available is 283 spaces
between the two parcels of land. The Applicant also indicated that the existing spaces exceed the
minimum requirements (width and length) of the City and that the lot could be restriped to gain an
additional 20 parking spaces, bringing the total available parking to 303 stalls.
The parcel with the existing building on it (PID 0602923410140) does not currently have enough
parking to service all of the proposed uses. Parking will be needed from the adjacent parcel to the
north (PID 0602923410139) in order to meet the parking requirements of the City's Zoning Code.
Combined, the two parcels have a total of 283 parking stalls, which exceeds the larger parking
requirement of 266 spaces. As a result, staff is recommending that the City Council approve a lot
combination of the two separate parcels into one parcel pursuant to Section §151.08 of the City
Code. Staff is also recommending that the Property Owner /Applicant submit proof to the City that
the two parcels have legally been combined within 180 days of the signed Development Agreement.
Staff is recommending that changes in occupancy or uses within the existing building (be them
permitted uses or conditional uses with the issuance of a CUP) should be reviewed and approved by
the City Manager to ensure that there is adequate parking space available to accommodate all uses
on the property.
Additionally, staff is recommending that within one (1) year of issuance of an occupancy permit, the
Property Owner /Applicant must perform a parking /traffic study in a form approved by the City
Engineer to determine if parking demand caused by the proposed uses on the Property is sufficient
to warrant the available parking area to be re- striped to the City minimum standards of 9 feet by 19
feet stalls. Voluntary re- striping of the parking area to meet this standard at an earlier date will also
satisfy this condition.
Staff is also recommending that only vehicles associated with the businesses or activities located
within the existing building shall be parking along the easternmost portion of the existing parking lot
along Highway 88, which provides safe ingress and egress of vehicles, maximizes parking stall
availability on the overall site, and will be located furthest from existing single - family residential
homes across Old Highway 8 to the west. Only those vehicles accessory to principal uses located
within the existing building are permitted to be parked on the site at all times.
Signaae
The Applicant has not submitted a sign requires at this time. The Applicant /Property Owner must
obtain a sign permit from the City prior to the installation of any signage on site. All signs must
comply with Chapter 155 of the City Code.
January 20, 2015
Page 5
4. Applicable Codes.
Title XV Land Usage, Chapter 152 Zoning Code, Section §152.209 PROCEDURE FOR PROCESSING A
PUD outlines the process by which the Applicant must follow upon requesting the creation of a PUD
— Planned Unit Development.
Title XV Land Usage, Chapter 152 Zoning Code, Section §152.203 ALLOWED USES states that, "in
some unique situations, the PUD may allow the approval of use or uses that are not listed as either
permitted or conditional uses in any underlying zoning district. The specific allowed uses and
performance standards for each PUD shall be delineated in an ordinance and development plan. The
PUD development plan shall identify all the proposed land uses, which shall become permitted uses
if the final development plan is approved. Any change in the uses presented in the final
development plan will be considered an amendment to the PUD and must follow the procedures
specified in this subchapter."
RECOMMENDED ACTION
1. Request Additional Information and Continue the Public Hearing. The Applicant appears to
have provided enough information for the Planning Commission to make a recommendation to
the City Council to approve or deny the request. Should the Planning Commission request
additional information from the Applicant, the Planning Commission should continue the
meeting until a later time.
2. Approval (with or without modifications) of the PUD Ordinance. In the event of a decision to
approve (with or without modifications) the Applicant's request, the Planning Commission may
refer to Exhibit C and may modify the draft ordinance to include any conditions that it deems
necessary.
3. Denial of the PUD Ordinance. In the event the Planning Commission chooses denial of the
requested PUD Ordinance, it should clearly state its reasons for the denial.
ATTACHMENTS
Exhibit A: Location map
Exhibit B: Application and Supporting Material
Exhibit C: Draft PUD Ordinance
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Exhibit A: Location Map
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3301 Silver Lake Road
St. Anthony Village, Minnesota 55418
Office: (612) 782.3301
Fax: (612) 782-3302
www.ci.saint-anthony.mn.us
Address of Property Involved: 3055 Old Highway 8
Property iD Number: 06- 029 -23 -41 -0140
Legal Description: See attached Ex. A
-For Office Use Only -
Planning File Number
Project Number
Application Submittal Date 12/18/2014
Application Completed Date
Fee Paid
Receipt Number
Planning Commission
Meeting Date 1/26/2015
Council Decision
Council Decision Date
EXHIBIT A
Applicant information
Applicant Name: Abu - Huraira Islamic Center
Applicant Address: 3055 Old Highway 8
Applicant Telephone Number: (612) 876 -2839
Other:
Applicant Fax Number NA
Applicant Email Address: abuusaalix95 @gmail.com
Property Information
Property Owner (if different from above):
Owner Address:
Owner Telephone Number:
Owner Email Address:
Type of Request (Che k Ail that Applyl
Appeal ($100 fee)
Minor Subdivision /Lot Split ($250 fee + $1,250
❑ Comprehensive Plan Amendment ($750 fee + $1,500
escrow)
escrow if residential; $3,500 escrow if
X Planned Unit Devele`tt((PUD) ($750 fee +
commercial /industrial)
$2,500 escrow)
Conditional Use Permit (CUP) ($200 fee+ $450 escrow if
❑ Rezoning ($S00 fee + $750 escrow)
residential; $850 escrow if commercial /industrial)
l Easement Vacation ($200 fee + $500 escrow)
Zoning Text Amendment ($500 fee + $750 escrow)
❑ Preliminary Plat ($500 fee + $500 escrow)
❑ Site Plan ($250 fee + $450 escrow)
Final Plat ($500 fee + $SOO escrow)
❑ Variance ($200 fee + $450 escrow if residential;
$850 escrow if commercial /industrial)
Our A/i.vvhm A to be 11 progressive and livable cormnueilr, it rerr /kahle village•, "'Bich it surluiurrb /c, xafe and secure.
Description of the Request (OR a separate detailed narrative explaining the project):
See accompanying narrative.
Filine and Information Reauirements
The City requests that you make a pre - application meeting with the City Planner to discuss the application process,
requirements, and deadlines. Unless waived by the City Planner or Planning Commission, a certified survey of the
property is required for all applications. A checklist with additional requirements can be found at www.ci.saint-
anthonv.mn.us.
Incomplete Applications and Submission Deadline
A complete land use application (including all required fees and escrows) must be received at least 30 days prior to the
meeting of the Planning Commission or City Council meeting at which the request will be heard. Submission of an
incomplete application may delay the processing of your land use request. The application approval time commences
and an application is considered officially filed when the City Planner has received and examined the application and
determined that the application is complete. A decision on whether the application is complete or incomplete shall be
made within fifteen (15) working days following the submittal of the application. When the application is deemed to be
"complete" it shall be placed on the agenda of the first possible Planning Commission meeting provided that all required
public notices have been sent and published. Upon submission of a complete application, state statute requires that a
decision be issued within 60 days regarding each request; however, a 60 -day extension may be obtained if more time is
needed.
Notice of Meeting Attendance
In order for the Planning Commission and the City Council to consider any application, the applicant or a designated
representative must be present at the scheduled meeting. If not, the matter may be tabled until the next available
agenda.
Agenda Deadline and Meeting Schedule
Planning Commission meetings are typically held on the fourth Monday of every month at 7:00 p.m., while City Council
meetings are held typically the first and third Tuesday of every month at 7:00 p.m. Meeting dates and times are subject
to change so please contact City Hall to verify the meeting date and time. All meetings are held at the St. Anthony
Community Center in the Council Chambers, 3301 Silver Lake Road, St. Anthony, Minnesota 55418, unless otherwise
stated. Applications are advised that additional meetings and /or workshops are scheduled when necessary.
Acknowledgement and Signature
I acknowledge that I have read all of the Information listed In the City of St. Anthony Village Land Use Application and
fully understand that I am responsible for all costs incurred by the City related to the processing of this application. If
additional fees are required to cover costs incurred from processing of the application, the City has the right to require
additional payment from one or more of the undersigned, who shall be jointly liable for such fees. Such expenses may
include (but are not limited to) direct city payroll and overhead costs, fees paid to consultants and other professionals,
and the cost of printing, mailing, and supplies. Applicants are advised that an escrow deposit is required at the time of
the submittal of the land use application to offset costs associated with the proposed project. Unused portions of an
escrow are returned to the applicant upon successful implementation of an approved plan. I understand that approval
from other agencies may be required before commencement with the stated project.
p
b!I)7'rshrn•rn VC mor —
Property Owner Signature (Required)
December 17, 2014
Date
Applicant Signature (If different than the property owner) Date
Please contact the City Planner at 763- 287 -8521 or
planner @ci.saint - anthony.mn.us if you have any questions regarding this application.
May 2013
EXHIBIT A
PARCEL 1:
That part of the Northeast Quarter of the Southeast Quarter and that part of the Southeast Quarter of the
Southeast Quarter in Section 6, Township 29, Range 23 described as beginning at a point on the East line of
said Northeast Quarter of the Southeast Quarter distant 863.9 feet South from the Northeast comer of said
Northeast Quarter of the Southeast Quarter; thence West parallel with the North line of said Northeast
as point on the South line Quarter
the North distance 0 feet of said feet;
outheast Quarter of thel5 Southeast Quarter distant
ce to
615.35 feet West from the Southeast comer of the North 350 feet of said Southeast Quarter of the Southeast
Quarter, thence East along said South line 95.58 feet; thence Northeasterly to a point on the East line of said
Northeaster Quarter of the Southeast Quarter distant 143.1 feet South from the point of beginning; thence
North along said East line to the point of beginning.
Lying Northerly and Northeasterly of the following described line:
Commencing at a point on the East line of said Northeast Quarter of the Southeast Quarter distant 863.9 'eet
South from the Northeast comer of said Northeast Quarter of the Southeast Quarter; thence West, pare
with the North line of said Northeast Quarter of the Southeast Quarter, a distance of 282.66 feet; thence
Southwesterly, along a line that intersects a point on the South line of the North 350 feet of said Southeast
Quarter of the Southeast Quarter distant 615.35 feet West from the Southeast corner of the North 350 feet of
said Southeast Quarter of the Southeast Quarter, a distance of 188.86 feet and to the actual point of beginning
of the line to be described; thence South 52 degrees 33 minutes 36 seconds East, a distance of 260.03 feet to
the Southeasterly line of the above described property and said line there terminating.
The boundary lines of part of the above land have been judicially determined and are marked by Judicial
Landmarks.
Being Torrens property. Certificate No.: 1332881
PARCEL 2:
That part of the Northeast Quarter of the Southeast Quarter and that part of the Southeast Quarter of the
Southeast Quarter of Section 6,Township 29, Range 23, described as beginning at a point on the East line of
said Northeast Quarter of the Southeast Quarter distant 863.9 feet South from the Northeast comer of said
Northeast Quarter of the Southeast Quarter, thence West parallel with the North line of said Northeast
Quarter of the Southeast Quarter a distance of 282.66 feet; thence Southwesterly 864.38 feet, more or less to
a point on the South line of the North 350 feet of said Southeast Quarter of the Southeast Quarter distant
615.35 feet West from the Southeast corner of the North 350 feet of said Southeast Quarter of the Southeast
Quarter, thence East along said South line 95.58 feet; thence Northeasterly to a point on the East lire of said
Northeast Quarter of the Southeast Quarter distant 143.1 feet South from the point of beginning; thence
North along said East line to the point of beginning.
EXCEPT that part lying Northerly and Northeaster of the following described line:
Commencing at a point on the East line of said Northeast Quarter of the Southeast Quetta distant 863.9 feet
South from the Northeast comer of said Northeast Quarter of the Southeast Quarter; thence Weal, parallel
with the North line of said Northeast Quarter of the Southeast Quarter, a distance of 282.66 feet; thence
Southeasterly, along a line that intersect a point on the South line of the North 350 feet of said Southeast
Quarter of the Southeast Quarter distant 615.35 feet West from the Southeast comer of the North 350 feet of
said Southeast Quarter of the Southeast Quarter, a distant of 188,16 fat and to the Actual point of beginning
of the line to be described; thence South 52 degrees 33 minutes 36 seconds East, a distance of 260.03 feet to
the Southeasterly line of the above described property, and said lime there terminating.
The boundary lines of part of the above land have been judicially determined and are marked by Judicial
Landmarks.
Being Torrens property. Certificate No.: 1332882
Mr. Mark Casey
City Manager
City of St. Anthony Village
3301 Silver Lake Road NE
St, Anthony, MN 55418 -1667
Re: Application for Planned Unit Development
3055 Old Highway 8
Abu - Huraira Islamic Center
Dear Mr. Casey:
On behalf of and with the authorization of, Abu - Huraira Islamic Center (AHIC), this
letter constitutes the application for a Planned Unit Development (PUD) as a condition of
settlement in the resolution of Ab:t- Huraira Islamic Center and Muxatnedrashid Ali v. City ofsl.
Anthony, Civ. No. 14 -CV -3280. It is understood that this application for a PUD approval
pursuant to St. Anthony City Code Section 152.200 shall consist of the 2012 conditional use
permit application together with this narrative and the application form attached in support of the
request for authorization of the following uses in the PUD approval for the Property:
• Religious Assembly at times chosen by the AHIC to include without limitation,
prayer services, religious education, weddings and other religious ceremonies and
observances limited to the lower level and a limited portion of the main level
consisting of approximately 12,940 square feet;
• Adult day care;
• Wellness facility for exercise and corporate fitness center for building tenants;
• Clinics for medical /dental /and behavioral health; and
• All other permitted uses in the Light Industrial District.
4812- 3340 - 9057,1
KUTAK ROCK LLP
ATLANTA
CHICAGO
SUITE 1750
DENVER
U.S. SANK PLAZA SOUTH
FAYETTEVILLE
220 SOUTH SIXTH STREET
IRVINE
KANSAS e1TV
MINNEAPOLIS, MN 55402.4511
LITTLE ROCK
LOS ANGELES
612 -334 -5000
MINNEAPOLIS
FACSIMILE 612 -334 -5050
OKLAHOMA CITY
OMAHA
www.kutakmck.00m
PHILADELPHIA
TIMOTHY J. KEANE
RICHMOND
I1MWhy.keane @kWakMCk.Wm
December 17, 2014
SCOTTSDALE
(612) 3345000
SPOKANE
WASHINGTON. D.G.
WICHITA
Mr. Mark Casey
City Manager
City of St. Anthony Village
3301 Silver Lake Road NE
St, Anthony, MN 55418 -1667
Re: Application for Planned Unit Development
3055 Old Highway 8
Abu - Huraira Islamic Center
Dear Mr. Casey:
On behalf of and with the authorization of, Abu - Huraira Islamic Center (AHIC), this
letter constitutes the application for a Planned Unit Development (PUD) as a condition of
settlement in the resolution of Ab:t- Huraira Islamic Center and Muxatnedrashid Ali v. City ofsl.
Anthony, Civ. No. 14 -CV -3280. It is understood that this application for a PUD approval
pursuant to St. Anthony City Code Section 152.200 shall consist of the 2012 conditional use
permit application together with this narrative and the application form attached in support of the
request for authorization of the following uses in the PUD approval for the Property:
• Religious Assembly at times chosen by the AHIC to include without limitation,
prayer services, religious education, weddings and other religious ceremonies and
observances limited to the lower level and a limited portion of the main level
consisting of approximately 12,940 square feet;
• Adult day care;
• Wellness facility for exercise and corporate fitness center for building tenants;
• Clinics for medical /dental /and behavioral health; and
• All other permitted uses in the Light Industrial District.
4812- 3340 - 9057,1
KUTAK ROCK LLP
Mr. Mark Casey
December 17, 2014
Page 2
It is my understanding the customary application fee is waived and this matter will be
scheduled for a public hearing before the City of St. Anthony Planning Commission on Monday,
January 26, 2015.
Should you have any questions, you can contact me at (612) 334 -5015.
Sincerely,
-timothy .l. Keane
TJK/crb
cc: Abdirahman Omar, Abu - Huraira Islamic Center
Muxamedrashid Ali, Abu - Huraira Islamic Center
4812- 3340 - 9057.1
d. ► 1 1
NOTICE OF A PUBLIC HEARING
Notice is hereby given that on January 26, 2015, 7:00 p.m. at City Hall, 3301 Silver Lake Road, the Saint
Anthony Village Planning Commission will hold a public hearing to solicit public response to a request
from Timothy J. Keane on behalf of Muxamedrashid Ali and Mr. Michael Medina and on behalf of the
Property Owner St. Anthony Business Center Corporation for a Rezoning from LI — Light Industrial to
PUD - Planned Unit Development to permit the following land uses on the Property located at 3055 Old
Highway 8 (PID 0602923410140 and PID 0602923410139):
1. Religious Assembly at times chosen by the Property Owner to include without limitation, prayer
services, religious education, weddings and other religious ceremonies and observances limited
to the lower level (11,655 square feet) and a limited portion of the main level (1,286 square
feet) consisting of a total of 12,941 square feet of the approximately 105,000 square foot
building;
2. Adult day care;
3. Wellness facility for exercise and corporate fitness center for building tenants;
4. Clinics for medical /dental /and behavioral health; and
5. All other permitted uses in the Light Industrial District.
The Planning Commission will make a recommendation regarding the proposed request to the City
Council for their meeting to be held on February 10, 2015, 7:00 p.m. at City Hall.
Those persons having an interest in said meetings are encouraged to attend. Oral testimony will be
accepted on the above subject at this meeting. Written comments may be taken at the St. Anthony
Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until the date of the
hearing. Questions may be directed to the City Planner at 763 - 287 -8521 or planner nci saint -
anthonv.mn.us.
The application, related to this public hearing, can be viewed online at www.saint-anthony-mn.us as part
of the current Planning Commission agenda.
Kelsey Johnson, AICP
City Planner
3301 Silver Lake Road, St. Anthony, Minnesota 55418 -1699. www.ci.saint- anthony.mn.us •(612) 782 -3301 Fax (612) 782 -3302
Our mission is to be a progressive and livable community, a walkable village which is sustainable, safe and secure.
Mark,
As a long time resident of St. Anthony I am very concerned about a mosque near my
residence. I have several questions and some comments regarding the PUD for the
mosque. It is well known that mosques have generated traffic, parking and noise
problems in cities where they are located and caused much controversy.
1. Will an amplified call to prayer be allowed four times a day? Has the PUD
investigated noise to the neighbors and how this may affect them, their families
and their rights? Will the city monitor the noise levels?
2. Will the city require traffic police during busy times?
3. Will parking be confined to the existing lot? Will street parking for mosque
attendees in the residential areas be permitted? What will the city do for home
owners if street parking becomes a problem?
4. Will the current semi trailers and trucks using the mosque parking lot be allowed
to remain and displace the mosque parkers to the neighboring residential streets?
Comments:
I suggest the following items be required to be studied as part of the PUD.
• Close the two entrances to the parking lot off Old #8 and request a new entrance
off Hwy 88 thereby reducing the congestion for residences who use Old #8.
• Resident only restricted parking on nearby streets should also be evaluated.
• The city should require binding conditions of approval and any PUD requirements
be registered on the deed.
At the December 23d City Council meeting, I heard much discussion about the rights of
the group but no mention of protection of rights of existing property owners in the area.
Moving forward, I hope the City can focus on the concerns of the residences in the area.
Thanks,
Steve Goemer P.E.
3424 -31 st Ave NE
St. Anthony, MN
SUBJECT TO REVIEWAND REVISIONS
CITY OF SAINT ANTHONY VILLAGE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE CREATING THE 2015 -01 PUD — PLANNED UNIT DEVELOPMENT
OVERLAY ZONING DISTRICT
ASSOCIATED WITH THE PROPERTY LOCATED AT
3055 OLD HIGHWAY 8 (PID 0602923410140 AND PID 0602923410139)
THE CITY COUNCIL OF THE CITY OF SAINT ANTHONY VILLAGE ORDAINS AS
FOLLOWS:
Section One. Creation of the 2015 -01 PUD — Planned Unit Development Overlay
Zoning District. The 2015 -01 PUD — Planned Unit Development Overlay Zoning District is
hereby created which provides as follows:
2015 -01 PUD — PLANNED UNIT DEVELOPMENT OVERLAY ZONING
DISTRICT
A. Intent: The intent of the 2015 -01 PUD — Planned Unit Development Overlay Zoning
District is to create a new PUD Overlay Zoning District over the property legally
described in Exhibit A that shall be in addition to the underlying LI — Light Industrial
Zoning District in order to provide for the continued use of the building located at
3055 Old Highway 8 and to provide for a unique mixture of office space, medical
office space, personal service needs, and other uses which can maximize the
occupancy potential of the existing building while remaining sensitive to is unique
and valuable site characteristics. The public will benefit from efficient distribution of
uses, common use of parking and open space and a variety of professional and
personal services.
B. Permitted Uses. The permitted uses of the 2015 -01 PUD — Planned Unit
Development Overlay Zoning District shall conform to the permitted uses of the LI —
Light Industrial Zoning District as listed in §152.141 of the Saint Anthony Village
City Code, with the following additions:
1. Religious Assembly at times chosen by the Property Owner to include
without limitation, prayer services, religious education, weddings and
other religious ceremonies and observances limited to the lower level
(11,655 square feet) and a limited portion of the main level (1,286 square
feet) consisting of a total of 12,941 square feet in the locations shown in
the Development Plan attached as Exhibit B;
2. Adult day care;
3. Clinics for medical /dental /and behavioral health.
C. Conditionally Permitted Uses. The conditionally permitted uses with the issuance of
a Conditional Use Permit shall conform to the conditional uses of the LI — Light
Industrial Zoning District as listed in § 152.142 of the Saint Anthony Village City
Code, except those conditional uses listed in § 152.142 that are listed as "permitted
uses" above in Section One (B) of this Ordinance.
D. Accessory Uses. The accessory uses of the 2015 -01 PUD — Planned Unit
Development Overlay Zoning District shall conform to the accessory uses of the LI —
Light Industrial Zoning District as listed in § 152.143 of the Saint Anthony Village
City Code.
E. Dimensional Regulations. The dimensional regulations of the 2015 -01 PUD —
Planned Unit Development Overlay Zoning District shall conform to the district
standards of the LI — Light Industrial Zoning District as outlined in § 152.144 of the
Saint Anthony Village City Code.
F. General Regulations and Performance Characteristics. All other applicable general
regulations and performance characteristics (e.g. landscaping, screening, fencing,
parking, access and circulation, signage, etc.) of the 2015 -01 PUD — Planned Unit
Development Overlay Zoning District shall conform to the general regulations and
performance standards as outlined in the City Code, unless otherwise specified in
Section One, G below.
G. Additional Performance Standards of the 2015 -01 PUD — Planned Unit Development
Overlay Zoning District. In addition to the Performance Characteristics set forth
above in Section One, F, the following additional performance standards shall apply
in and be conditions of the 2015 -01 PUD — Planned Unit Development Overlay
Zoning District:
1. Parking. To ensure sufficient off - street parking for all uses of the existing
building, the Property Owner /Applicant must, prior to the issuance of any
certificate of occupancy must provide to the City Manager proof of lot
combination of Parcel A and Parcel B into a single lot.
Changes in occupancy or uses within the existing building must be reviewed and
approved by the City Manager to ensure that there is adequate parking space
available for said use.
Vehicles associated with the businesses or activities located within the existing
building shall be parked in a manner which provides safe ingress and egress of
vehicles, maximizes parking stall availability on the overall site. Only those
vehicles accessory to principal uses located within the existing building are
permitted to be parked on site at all times.
2. Parking Study. Within one (1) year of issuance of an occupancy permit, the
Property Owner /Applicant shall perform a parking study by a registered engineer
to determine if parking demand caused by the proposed uses is sufficient to
warrant the available parking area be re- striped to the City minimum standards of
9 feet by 19 feet stalls. Voluntary re- striping of the parking area to meet this
standard at an earlier date will satisfy this condition.
3. Landscaping and Property Maintenance. All areas of the Property not devoted to
building or parking areas must be maintained in landscaping, and the trees must
be maintained and replaced as needed.
4. Signage. Any future signs must be consistent with Chapter 155, Saint Anthony
Village's Sign Code, and shall require the issuance of a sign permit from the City.
5. Sewer Availability Charges (SAC). Prior to the issuance of any certificate of
occupancy, Sewer Availability Charges (SAC) shall be satisfied, if applicable.
6. Licensing and Other Permits. All uses permitted and conditionally permitted
within the 2015 -01 PUD — Planned Unit Development Overlay Zoning District
shall comply with applicable licenses and other permits deemed necessary by
City, County, State or Federal or other applicable jurisdictions.
7. Breach of Conditions. If the Property Owner /Applicant breaches the conditions
of the PUD, the City Council shall provide the Property Owner /Applicant with a
written notice of the breach and an opportunity to be heard before the City
Council to respond to the alleged breach of the PUD Ordinance. If, after
providing the Property Owner /Applicant with notice and opportunity to be heard,
the City Council determines the Property Owner /Applicant has breached the PUD
Ordinance, the City Council may:
i. Treat the breach of the PUD Ordinance as a violation of the City's Zoning
Ordinance and pursue the remedies set forth in the Zoning Ordinance for
violations of the Zoning Ordinance; or
ii. Pursue any other right or remedy available at law or in equity.
If the City Council determines the breach of the PUD was unintentional, the City
Council may, but shall have no obligation to, provide the Property
Owner /Applicant with a reasonable period of time to cure the breach and suspend
the City's enforcement of its rights for such reasonable period of time.
H. 2015 -01 PUD — Planned Unit Development Overlay Zoning District Approval. This
2015 -01 PUD — Planned Unit Development Overlay Zoning District shall be created
upon City Council's approval of the Preliminary and Final PUD Plans and the Site
Plan for the Property located at 3055 Old Highway 8.
Section Two. Approval of the Preliminary and Final PUD Development Plan / Site Plan
The City Council of the City of Saint Anthony Village approves the Preliminary and Final PUD
Development Plans / Site Plan associated with the Property located at 3055 Old Highway 8 as
follows:
A. Approved Preliminary and Final PUD Development Plans/ Site Plan The subject
property shall continue in parking and building size, shape, and layout to existing
conditions. Any modifications to the use, location, placement size or height of
any buildings or parking shall require a revision to the 2015 -01 PUD — Planned
Unit Development Ordinance in accordance with City Code § 152.206. Any
modification in use or size of the 12,941 square foot area approved for Religious
Assembly use as depicted in the Development Plan attached as Exhibit B shall be
a significant change requiring an amendment to the 2015 -01 PUD — Planned Unit
Development Ordinance approved by the City Council. Any change in the
location of the 12,941 square foot area for Religious Assembly shall be a minor
change subject to approval by the Development Review Committee, provided that
the change in location remains subject to the 11,655 square-foot limitation on the
lower level and the 1,286 square -foot limitation on the main level.
B. Findings for Approval of the Preliminary and Final PUD Development Plans The
City Council finds that the Preliminary and Final PUD Plans / Site Plan are
consistent with the criteria for approval of the Preliminary and Final PUD
Development Plans/ Site Plan as described in §152.200 through §152.209 of the
Saint Anthony Village Code. More specifically the City Council finds the
following:
1. The proposed development is consistent with the City's Comprehensive
Plan.
2. The proposed development presents a complete and unified development
within its own boundaries in terms of relationship of structures, patterns of
circulation, visual character, interrelationship of utilities and drainage
infrastructure, and overall architectural theme.
3. The proposed layout of land uses within the development will result in
compatible land uses with present and planned land uses in the
surrounding area.
4. The development is sufficient unto itself on the basis of size, composition,
arrangement, and the provision of municipal utilities.
5. The impacts of the proposed development on municipal services and
facilities have been reviewed and mitigative measures have been identified
where needed.
6. The impacts of the proposed development on environmental quality and
the reasonable enjoyment of the surrounding property have been
identified, analyzed and mitigative measures identified where needed.
7. The proposed development reasonably addresses the safety and
convenience of vehicular and pedestrian traffic within the site and in
relation to access streets.
Section Three. Zoning Amendment. The zoning for the real property described in
Exhibit A is hereby amended to add a PUD — Planned Unit Development Overlay District. The
underlying LI — Light Industrial Zoning otherwise remains in effect.
Section Four. Zoning Mans. The Zoning Maps of the City of Saint Anthony Village
referred to and described in the Saint Anthony Village Zoning Code are incorporated by
reference into §152.021, and are so changed and shall not be republished to show the aforesaid
PUD — Planned Unit Development Overlay District, but the Clerk shall appropriately mark the
said Zoning Maps on file in the Clerk's Office for the purpose of indicating the zoning
amendment hereinabove provided for in this Ordinance and all of the notations, references, and
other information shown thereon are hereby incorporated by reference and made a part of this
Ordinance.
Section Five. Findings for Rezoning. In amending the zoning for the above referenced
property to add the PUD — Planned Unit Development Overlay District, the City Council has
found the following:
A. The provisions of the PUD — Planned Unit Development Overlay District are
consistent with the City's Comprehensive Plan for the subject property;
B. The PUD — Planned Unit Development Overlay District is consistent with the
purpose of the underlying LI — Light Industrial zoning.
C. The City Council has given due consideration to existing conditions and the
conservation of property values;
D. The direction of building development is to the best advantage of the entire City
and to the uses for which the property affected is being devoted at this time; and
E. The addition is required for the public good, is in the interest of public health,
safety, and, welfare, and is compatible with the City's Comprehensive Plan.
Section Six. PUD Agreement. As a condition this Ordinance, the Property
Owner /Applicant shall enter into a Planned Unit Development Agreement with the City.
Section Seven. Effective Date. This Ordinance shall be in full force and effect upon
completion its publication as provided by law.
Passed in regular session of the City Council on the _ day of 2015.
CITY OF SAINT ANTHONY VILLAGE
Jerome O. Faust, Mayor
ATTEST:
0
Barb Suciu, City Clerk
EXHIBIT A
THE PROPERTY
Parcel A (PH) 06- 029- 23 -41- 0140):
That part of the Northeast Quarter of the Southeast Quarter and that part of the Southeast
Quarter of the Southeast Quarter in Section 6, Township 29, Range 23 described as
beginning at a point on the East line of said Northeast Quarter of the Southeast Quarter
distant 863.9 feet South from the Northeast corner of said Northeast Quarter of the
Southeast Quarter; thence West parallel with the North line of said Northeast Quarter of
the Southeast Quarter a distance of 282.66 feet; thence Southwesterly 864.38 feet, more
or less to a point on the South line of the North 350 feet of said Southeast Quarter of the
Southeast Quarter distant 615.35 feet West from the Southeast comer of the North 350
feet of said Southeast Quarter of the Southeast Quarter; thence East along said South line
95.58 feet; thence Northeasterly to a point on the East line of said Northeast Quarter of
the Southeast Quarter distant 143.1 feet South from the point of beginning; thence North
along said East line to the point of beginning,
EXCEPT that part lying Northerly and Northeasterly of the following described line:
Commencing at a point on the East line of said Northeast Quarter of the Southeast
Quarter distant 863.9 feet South from the Northeast corner of said Northeast Quarter of
the Southeast Quarter; thence West, parallel with the North line of said Northeast Quarter
of the Southeast Quarter, a distance of 282.66 feet; thence Southwesterly, along a line
that intersects a point on the South line of the North 350 feet of said Southeast Quarter of
the Southeast Quarter distant 615.35 feet West from the Southeast corner of the North
350 feet of said Southeast Quarter of the Southeast Quarter, a distance of 188.86 feet and
to the actual point of beginning of the line to be described; thence South 52 degrees 33
minutes 36 seconds East, a distance of 260.03 feet to the Southeasterly line of the above
described property, and said line there terminating.
Certificate of Title No. 1332882
Parcel B (PID 06- 029- 23 -41- 0139):
That part of the Northeast Quarter of the Southeast Quarter and that part of the Southeast
Quarter of the Southeast Quarter in Section 6, Township 29, Range 23 described as
beginning at a point on the East line of said Northeast Quarter of the Southeast Quarter
distant 863.9 feet South from the Northeast corner of said Northeast Quarter of the
Southeast Quarter; thence West parallel with the North line of said Northeast Quarter of
the Southeast Quarter a distance of 282.66 feet; thence Southwesterly 864.38 feet, more
or less to a point on the South line of the North 350 feet of said Southeast Quarter of the
Southeast Quarter distant 615.35 feet West from the Southeast corner of the North 350
feet of said Southeast Quarter of the Southeast Quarter; thence East along said South line
95.58 feet; thence Northeasterly to a point on the East line of said Northeast Quarter of
the Southeast Quarter distant 143.1 feet South from the point of beginning; thence North
along said East line to the point of beginning,
Lying Northerly and Northeasterly of the following described line:
Commencing at a point on the East line of said Northeast Quarter of the Southeast
Quarter distant 863.9 feet South from the Northeast corner of said Northeast Quarter of
the Southeast Quarter; thence West, parallel with the North line of said Northeast Quarter
of the Southeast Quarter, a distance of 282.66 feet; thence Southwesterly, along a line
that intersects a point on the South line of the North 350 feet of said Southeast Quarter of
the Southeast Quarter distant 615.35 feet West from the Southeast corner of the North
350 feet of said Southeast Quarter of the Southeast Quarter, a distance of 188.86 feet and
to the actual point of beginning of the line to be described; thence South 52 degrees 33
minutes 36 seconds East, a distance of 260.03 feet to the Southeasterly line of the above
described property, and said line there terminating.
Certificate of Title No. 1332881
EXHIBIT B
THE DEVELOPMENT PLAN
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3055 Old Highway 8
PUD Ordinance Request
Planning Commission Meeting
January 26, 2015
ain thotry _. -- - -- —
PUD
• General Information
Applicants:
Timothy.. Keane on behalf of Muzamedrashid Ali and Michael
Medina
Owner:
St. Anthony Business Center Corporation
Location:
3055 Old Highway 8
Existing Zoning:
Ll: Light Industrial
Surrounding Land Use:
North: High Density Residential; zoned R4- Multiple Family
East: Commercial /Industrial; zoned LI- Light Industrial
South: Industrial; zoned LI —Light Industrial
West: Low Density Residential; zoned Rl- Single - Family
1/20/2015
1
1/20/2015
3ackground
— Feb 14, 2012 -
- Mar 13, 2012 —
— Jun 4,2012-
- Jun 12, 2012 -
- Aug 27, 2014 -
- Dec 11, 2014 -
8 PUD
CUP Application filed
Interim Ordinance Imposing
Moratorium was adopted
PC Public Hearing held
CC Public Meeting held (denied)
US filed Complaint (RLUIPA)
Settlement Agreement Conference
— Dec 23, 2014 - CC adopted Settlement
Agreement
. ain tholry _ - - - - -- - - - - . _
tequest
— Creation of a PUD Overlay District to permit:
• Religious Assembly at times chosen by the Property Owner to include
without limitation, prayer services, religious education, weddings and
other religious ceremonies and observances limited to the lower level
(11,655 square feet) and a limited portion of the main level (1,286 square
feet) consisting of a total of 12,941 square feet of the approximately
105,000 square foot building;
• Adult day care;
• Wellness facility for exercise and corporate fitness center for building
tenants;
• Clinics for medical /dental /and behavioral health; and
• All nthar narmitted uses in the Lieht Industrial District.
2
PUD
to LI Underlying District
— Permitted Uses in LI District ( §152.141):
• Automotive service and repair provided no junked autos are kept on the
property;
• Cleaning, laundering and dry cleaning facilities;
• Contractors office, if equipment or materials are screened according to
§152.183;
• Engraving and printing;
• Laboratories for research and testing;
am thorry _ . -_ -_-
a G :�
s
to LI Underlying District
— Permitted Uses in LI District ( §152.141), cont.:
• Manufacturing of artists supplies, boats, building materials,
confectionery goods, canvas, canvas products, cork products, dry goods,
electric motors, generators, transformers, controls and components,
electronics products and service, food stuffs (except meatpacking or
slaughtering), leather products (not involving the tanning or processing
of hides), machinery, machine tools, optical goods, photographic
products an film processing (except film manufacture), secondary plastics
products, including molding and injection processes, rubber products
except primary rubber manufacturing, signs, and sporting goods;
• Millworks;
• Offices for administrative purposes and non - retail businesses; and
ain thorry — A
1/20/2015
3
1/20/2015
NU
y $ PUD
• to Underlying LI District
— Permitted Uses in LI District ( §152.141), cont.:
• Warehouses, wholesalers or distributors for products permitted under
division (F) above or for alcoholic beverages, chemicals, soaps,
detergents, drugs, cosmetics, pharmaceuticals and toiletries, dry goods,
meat and meat products, paper, paper products, steel goods, metal
products which are rolled, drawn, stamped, extruded or cast, tile, brick,
terra cotta, tires, automotive products, and wood products.
gin th4�ry - - -- - -
2a C%
PUD
to Underlying LI District
— Permitted Conditional Uses in LI District ( §152.142):
• Drug, cosmetic, pharmaceutical, and toiletries manufacture;
• Canning or bottling other than malt products;
• Enameling, painting, varnishing, lacquering, and japanning;
• Freight terminals;
• Meat packing which does not include the slaughtering of any kind of
animal;
• Steel or metal goods manufacturing processes, not involving blast
furnace processes;
• Catering operations and in -house cafeterias not intended for retail or
public use;
• nav -rare center without drive - through facilities._
4
3055 Old Hwy 8 PUD
o- Request
— Re- submittal of original submittal materials (February
14, 2012) indicating:
• "Religious Assembly' = 12,941 sf
— 11,655 sf in lower level
— 1,286 sf on the main level
• Entire Building = 105,000 sf (approx.)
ain thoiry - --- - - - - --
C
y 8 PUD
r
•
ain
i C WB
1/20/2015
5
1/20 /2015
ain thorn --
i a v
NOW PUD
• Overview
— Building and Site Layout
• No exterior expansions or modifications proposed
• Religious assembly limited to 11,655 sf in lower level
(basement) and 1,286 sf main level of southernmost
building
• Interior required to meet building and fire codes
AB
MMW'8PUD
• Overview
— Hours of Operation
• Per settlement agreement — religious assembly "at
times chosen by the Property Owner"
• No restricted hours for other permitted uses on site
1/20/2015
7
,.° ��' 8 P U D
• Overview
— Staffing
• 4 staff people (as indicated in 2012 submittal)
• No change indicated at this time
WW
ain tharry
NOW 8 PUD
• Overview
— Parking and Traffic
• §152.179 - Total seating capacity divided by 2.5, plus 1
space for each employee on the largest shift
• Religious assembly areas — 261 persons = 105 parking
spaces required
• 4 spaces for staff
• 105 +4 =109 spaces
ain thorry _ MR
1/20/2015
M
S PUD
• Overview
— Parking and Traffic
• On May 15, 2012, PC inquired about "lounge" space
• Lounges =139 additional seats = 56 spaces
• 105 +4 +56 =165 spaces required for Religious Assembly
• §152.179 —Total seats for "industrial" uses requires 1
space for every 1,000 sf of building floor area
• 91 additional spaces required (89 spaces if you remove
the day care space from the calculation)
ain thn�ry
PUD
rview
— Parking and Traffic
• 2009 CUP for daycare required 12 spaces
• 266 TOTAL Spaces required (165+89+12)
• 283 spaces currently exist
• 303 spaces could exist if parking lot restriped
ain thorry �
1/20/2015
Pi
rview
— Parking and Traffic
• Parking only exists
if lots are
combined
ain thorry
i a (%
MC
PUD
• Overview
— Parking and Traffic
• Parking only exists
if lots are
combined
e
s
t
. t,-
1/20/2015
10
— Parking and Traffic
• Parking only exists
if lots are
combined
• Staff recommends
City Council require
and approve a lot
combination
pursuant to
§151.08
. ain thg�ry ----- - -- - - -- - - - - - -- -- - -
' u 1
rview
— Parking and Traffic
• Staff recommends:
— Change in occupancy or uses within the existing building be
reviewed by the City Manager to ensure adequate parking on
site
— Within (1) year of occupancy permit a traffic /parking study be
performed to determine if the parking area needs to be
restriped
— Only vehicles accessory to permitted uses allowed in the
parking lot
— Parking of these accessory vehicles must be along Highway 88
ain thorry �
1/20/2015
11
`y 8 PUD
• Overview
— Signage
• No sign plan submitted with Application
• All signed must conform to Chapter §155 of City Code
ain tho�ry
8 PUD
• Applicable Codes
— Section §152.209 — Procedure for Processing a
PUD
— Section §152.203 — Allowed Uses (may allow uses
not listed as either permitted or conditional uses
in any underlying zoning district)
ain tnairy — - - - - - -— _ _.. - ---------- - - -.__
i a C%
1/20/2015
12
• Recommendation
— Approve the requested PUD Ordinance as outlined
in Exhibit C.
— NOTE: Creation of the PUD Ordinance also:
• "Rezones" property (PUD Overlay /1_I Underlay)
• Approves Prelim. and Final PUD Plans /Site Plan
ain thoiry -
i a C%
MMM�8PUD
Questions?
ain thorry �
1/20/2015
13
MEMORANDUM
To: St. Anthony Village Planning Commission
From: Kelsey Johnson, AICP, City Planner
Date: January 14, 2015
Planning Commission Regular Meeting for January 26, 2015
WSB Project No. 02170 -090
Request: Request for a Conditional Use Permit (CUP) to Allow a Restaurant to be
Located Less than 250 Feet from a Residentially Zoned District and a
Variance from the Minimum Required Parking Stalls on the Property
Located at 2510 Kenzie Terrace
BACKGROUND
The Applicant submitted a request for a conditional use permit (CUP) to allow a restaurant ('Busters ") to
be located less than 250 feet from a residentially zoned district and a variance from the minimum
required parking stalls on the Property located at 2510 Kenzie on October 14, 2014. The Planning
Commission held a public hearing on the request at their regular meeting on November 24, 2014 and
recommended approval of the CUP and Variance with a vote of 5 -0.
At the regular meeting of the City Council held on December 9, 2014, the Council tabled the request and
sent the item back to the Planning Commission for further review and comment on the following items:
• Restriction on hours of operation;
• Additional screening along the south property boundary.
GENERAL INFORMATION
Applicant: Joel Janssen
Owners: R.J. Ruppert Trustee
Location: 2510 Kenzie Terrace
Existing Land Use/ Commercial /zoned: C- Commercial
Zoning:
Surrounding Land North: Law Density Residential /Zoned R -1 -Single Family Residential
Use / Zoning: East: Low Density Residential / Zoned R -1- Single Family Residential
South: City of Minneapolis (Single Family Residential)
West: Undeveloped /Zoned C- Commercial
Deadline for Agency Application Date: 10 -14 -14
Action: 60 Days:
12 -13 -14
Letter Sent:
12 -10 -14
120 Days:
02 -11 -15
January 14, 2015
Page 2
CONSIDERATIONS RELATING TO THE ADDITIONAL REQUESTS BY THE CITY COUNCIL
1. Hours of Operation
The proposed hours of operation will be from llam to 11pm Sunday through Thursday, and llam
to lam Friday and Saturday. The Applicant has indicated the business's peak hours will be 6pm to
9pm seven days a week. The proposed hours are similar to other like- businesses within the area
(i.e. Village Pub).
At the December 9, 2014 meeting of the City Council, the Applicant indicated that typically there is
an increase in orders for delivery and /or takeout between 10:OOpm and 1:OOam. He stated that
being open during these hours is "critical to their business plan with delivery and takeout making up
approximately 70% of the business ". The Applicant also mentioned that the dine -in area will be
closed by 10:00pm each day.
The Planning Commission should consider a condition to limit the hours of operation due to
sensitivity of the surrounding and immediate neighborhood and proximity to single - family
residential neighborhoods. Staff has proposed the following condition for consideration by the
Planning Commission:
• Hours of operation shall be limited until llpm Sunday through Thursday and lam Friday and
Saturday night. The dine -in portion of the restaurant shall cease at lOpm every night. All
delivery vehicles after 10pm must park on the north side of the building located at 2510
Kenzie Terrace to minimize headlight glare onto the neighboring single - family residential
areas to the south.
2. Screening
The existing parking lot layout and design has a total of two access points off of /onto Lowry Avenue
to the south; one along the western portion of the building and one along the eastern portion of the
building. In between the two access points, there is a fairly opaque fence that runs along the
southern portion of the existing drive aisle /parking lot area between three (3) mature trees (See
Exhibit E: Site Photos).
The existing parking spaces are located to the east and north of (in front of) the existing building
located at 2510 Kenzie Terrace. The remainder of parking spaces are located to the south of the
existing building located at 2520 Kenzie Terrace (currently occupied by a day -care facility). On the
Property, there are a total of 6 parking spaces that face toward the south property line (i.e. facing
the single - family residential homes to the south). Of those 6 parking spaces, it appears that 1 -2
parking spaces are located in line with the easternmost access drive off of Lowry Avenue. The
remainder of parking spaces are visually screened by the existing mature tree and opaque fence
already in place, as well as by other cars parked in the spaces just to the south of these 6 parking
spaces (if occupied).
While additional screening options are limited, concern was raised about headlight glare from the
parking lot onto the existing single - family residential homes to the south. The Planning Commission
could consider a condition to require additional landscaping to help mitigate this concern. Staff has
proposed the following condition for consideration by the Planning Commission:
• Additional natural landscaping/screening is required along the west side of the existing
easternmost drive -aisle access to /from Lowry Avenue along the south border of the
Property. Screening shall consist of coniferous shrubs and /or trees, in a quantity adequate
to visually screen as much of the parking lot area as feasible, and shall be at least three (3)
feet in height. All screening must comply with the City's vision triangle standards to ensure
January 14, 2015
Page 3
adequate clear lines of vision at the intersection of the parking lot drive -aisle to ensure
traffic and pedestrian sightlines and safety.
ATTACHMENTS
Exhibit A:
Location map
Exhibit B:
Application and Supporting Material
Exhibit C:
Staff Report Dated November 17, 2014
Exhibit D:
Draft Resolution of Approval with Added Conditions
Exhibit E:
Site Photos
Exhibit A - Location Map 'Sam chon
o E ao so 2510 Kenzie Terrace �a eC Feet
3301 Silver Lake Road
St. Anthony Village, Minnesota 55418
Office: (612) 782 -3301
Fax: (612) 782 -3302
www.ci.saint-anthony.mn.us
Address of Property Involved:
Property ID Numb
Legal Description:
-For Office Use Only -
EXHIBIT B
Planning File Number
Project Number I
Application Submittal Date
Application Completed Date
Fee Paid S
Receipt Number S( Z.0 �J
Planning Commission
Meeting Date
Council Decision
Council Decision Date
Applicant Information
Applicant Name: -7-ate L I
— �43SLSTenv
Applicant Address: I qZ'i � %A4 T„ n / Di . A /G
Applicant Telephone Number: /° Z L� �LC� C�(� �j Other:
Applicant Fax Number
Applicant Email Address: - Clne�Pl�f (Q� �nlr J Cppn
Property Information R L) �r
�nf
Property Owner (if different from above): S• 2c �-
Owner Address:
Owner Telephone Number:
Owner Email Address:
Type of Request (Check All that Apply)
Appeal ($100 fee)
Comprehensive Plan Amendment ($750 fee + $1,500
escrow if residential; $3,500 escrow if
commercial /industrial)
Conditional Use Permit (CUP) ($200 fee+ $450 escrow if
i
residential; $850 escrow if commercial /industrial)
Easement Vacation ($200 fee + $500 escrow)
Preliminary Plat ($500 fee + $500 escrow)
Final Plat ($500 fee + $500 escrow)
Minor Subdivision /Lot Split ($250 fee + $1,250
escrow)
Planned Unit Development (PUD) ($750 fee +
$2,500 escrow)
i Rezoning ($500 fee + $750 escrow)
Zoning Text Amendment ($500 fee + $750 escrow)
Site Plan ($250 fee + $450 escrow)
Variance ($200 fee + $450 escrow if residential;
$850 escrow if commercial /industrial)
Our Mission is to be a progressive and livable c•ommuniryt a n•alkable village, which is sustainable, safe and secure.
Description of the Request (OR a separate detailed narrative explaining the project):
Filing and Information Rettuirements
The City requests that you make a pre - application meeting with the City Planner to discuss the application process,
requirements, and deadlines. Unless waived by the City Planner or Planning Commission, a certified survey of the
property is required for all applications. A checklist with additional requirements can be found at www.ci.saint-
anthony.mn.us.
Incomplete Applications and Submission Deadline
A complete land use application (including all required fees and escrows) must be received at least 30 days prior to the
meeting of the Planning Commission or City Council meeting at which the request heard. submission
me commences
incomplete application may delay the processing of your land use request. The application approval t
and an application is considered officially filed when the City Planner has received and examined the application and
determined that the application is complete. A decision on whether the application is complete or incomplete shall be
made within fifteen (15) working days following the submittal of the application. When the application is deemed to be
"complete" it shall be placed on the agenda of the first possible Planning Commission meeting provided that all required
public notices have been sent and published. Upon submission of a complete application, state statute requires that a
decision be issued within 60 days regarding each request; however, a 60 -day extension may be obtained if more time is
needed.
Notice of Meeting Attendance
in order for the Planning Commission and the City Council to consider any application, the applicant or a designated
representative must be present at the scheduled meeting. If not, the matter may be tabled until the next available
agenda.
Agenda Deadline and Meeting Schedule
Planning Commission meetings are typically held on the fourth Monday of every month at 7:00 p.m., while City Council
meetings are held typically the second and fourth Tuesday of every month at 7:00 p.m. Meeting dates and times are
subject to change so please contact City Hall to verify the meeting date and time. All meetings are held at the St.
Anthony Community Center in the Council Chambers, 3301 Silver Lake Road, St. Anthony, Minnesota 55418, unless
otherwise stated. Applications are advised that additional meetings and /or workshops are scheduled when necessary.
Acknowledgement and Signature
I acknowledge that I have read all of the information listed in the City of St. Anthony Village Land Use Application and
fully understand that I am responsible for all costs incurred by the City related to the processing of this application. If
additional fees are required to cover costs incurred from processing of the application, the City has the right to require
additional payment from one or more of the undersigned, who shall be jointly liable for such fees. Such expenses may
include (but are not limited to) direct city payroll and overhead costs, fees paid to consultants and other professionals,
and the cost of printing, mailing, and supplies. Applicants are advised that an escrow deposit is required at the time of
the submittal of the land use application to offset costs associated with the proposed project. Unused portions of an
escrow are returned to the applicant upon successful implementation of an approved plan. I understand that approval
from other agencies may be required before commencement with the stated project.
� ) .
Property re
(Required) Date
(-�. I ("b�' , - - to'N'ly
Applican Si ature (If di rent than the property owner) Date
Please contact the City Planner at 763 -287 -8521 or
planner@ci.saint - anthony.mn.us if you have any questions regarding this application.
May 2013
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NOTICE OF A PUBLIC HEARING
Notice is hereby given that on November 24, 2014, 7:00 p.m. at City Hall, 3301 Silver Lake Road, the
Saint Anthony Village Planning Commission will hold a public hearing to solicit public response to a
request from Joel Janssen on behalf of the property owner R.J. Ruppert for a conditional use permit to
allow a restaurant without drive - through facility within 250 feet of a residential district and a variance
from the required minimum number of parking spaces on the property located at 2510 Kenzie Terrace.
The Planning Commission will make a recommendation regarding the proposed request to the City
Council for their meeting to be held on December 9, 2014, 7:00 p.m. at City Hall.
Those persons having an interest in said meetings are encouraged to attend. Oral testimony will be
accepted on the above subject at this meeting. Written comments may be taken at the St. Anthony
Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until the date of the
hearing. Questions may be directed to the City Planner at 763 - 287 -8521.
The application, related to this public hearing, can be viewed online at www saint- anthony.mn.us as part
of the current Planning Commission agenda.
Kelsey Johnson, AICP
City Planner
3301 Our mission is t be a progressive and tli able comm9unity, a walkable village which Is sustainable, ustai able,Dafe and lseicurei3302
Suciu
From: Joel Janssen <janssen6 @me.com>
Sent: Sunday, November 02, 2014 11:23 AM
To: Kelsey Johnson
Subject: Busters Square Footage
Hi Kelsey,
Here is what I know.
The square footage of 2510 is approximately 3444 square feet, and 2520 is approximately 1056 square feet. The
square footage for the restaurant is approximately 1,436 square feet of the 2510 building. With the seating being
closer to 30 rather than the 40 1 put on the application. The max number of employees on any given shift is 3.
The other tenant in the 2510 building is Nick Lowry, company Brand Ink. and they do commercial printing and
graphics. The Tenant in the 2520 building is Chinese Day Care and they do childcare. I don't know the tenants
name.
I anticipate that most of my business will be take -out and delivery. Being in a residential area such as this, there will
be a great number of customers walking here to dine -in and for take out.
The Chinese day care's peak hours are from 7:30am to gam in the mornings, and we are not open at this time, and
from 4:30 to 5:30 in the evening as parents come to pick up their children taking 5 minutes of parking. This day
care maybe cares for 10 children, so very light traffic. Day care is not open on the weekends.
Nick Lowry's graphics and printing business has 2 employees, very rarely customers come to his shop, as he does
most of his business of site or online. Generating very little traffic, they are closed by 5pm, and also are not open
on the weekends.
Busters peak times will be 6pm -9pm seven days a week, neither the day care or the ink design businesses will be
open at these times. The weekends will be our busiest days of the the week and again neither of the 2 other
businesses will be open.
There are 16 street parking spots just in front of our business as well on Kenzie.
This is a good mixed use for the property, as it mixes day and night, weekday and weekend businesses very well,
allowing the 50+ parking spaces to be more than adequate to meet the needs and in compliance with the zoning
requirements.
Hope this answers your questions, thank you.
Joel Janssen
612 - 991 -4563
EXHIBIT C:
�ain tho�ry
� l a eC%
MEMORANDUM
To: St. Anthony Village Planning Commission
From: Kelsey Johnson, AICP, City Planner
Date: November 17, 2014
Planning Commission Regular Meeting for November 24, 2014
WSB Project No. 02170 -090
Request: Request for a Conditional Use Permit (CUP) to Allow a Restaurant to be
Located Less than 250 Feet from a Residentially Zoned District and a
Variance from the Minimum Required Parking Stalls on the Property
Located at 2510 Kenzie Terrace
RECOMMENDATION
The Applicant's request for a conditional use permit (CUP) to allow a restaurant to be located less than
250 feet from a residentially zoned district and a variance from the minimum required parking stalls on
the Property located at 2510 Kenzie is consistent with the intent of the Zoning Ordinance and the City's
Comprehensive Plan. Staff recommends approval of the Applicant's request as outlined in Exhibit C.
GENERAL INFORMATION
Applicant:
Joel Janssen
Owners:
R.J. Ruppert Trustee
Location:
2510 Kenzie Terrace
Existing Land Use /
Commercial /zoned: C- Commercial
Zoning:
Surrounding Land
North: Low Density Residential / Zoned R -1 - Single Family Residential
East: Low Density Residential / Zoned R -1 - Single Family Residential
Use / Zoning:
South: City of Minneapolis (Single Family Residential)
West: Undeveloped / Zoned C- Commercial
Deadline for Agency
Application Date: 10 -14 -14
Action:
60 Days: 12 -13 -14
Letter Sent: N/A
120 Days: 02 -11 -15
CONSIDERATIONS RELATING TO THE REQUEST
1. Background
November 17, 2014
Page 2
The Applicant wishes to open a new "neighborhood pizza and burgers restaurant" named "Busters"
in portion of the existing south building (1,436 sf) on the property located at 2510 Kenzie Terrace
(space adjacent to Brand Ink). The Property is located immediately adjacent to a residentially zoned
district, with the building located approximately 120 feet from the bordering property line.
The Applicant has indicated that the majority of business will be take -out or delivery, however there
will be seating for up to approximately 30 people within the restaurant.
Currently there are two buildings located on the Property. The north building (1,056 sf) currently
houses a Chinese Day Care facility, with the south building (3,444 sf total) currently housing Brank
Ink., a custom graphic and signage business. Peak hours associated with the Chinese Day Care are
from 7:30am to gam and 4:30pm to 5:30pm in the evenings (drop off and pick -up times). Both
businesses currently located on the site are not open on the weekends.
Busters anticipates having a total of 6 employees, of which 3 will be working on the busiest shift
(typically nights /weekends).
Parkins
Existing On -Site Parking
The Applicant provided a site plan with the Application (See Exhibit B: Applicant's Application) that
indicates a total of 51 parking spaces on the property. However, after conducting a site visit and
utilizing multiple aerial photographs, it appears that while there may be room for 51 cars to
physically be parked on the property, as indicated by the Applicant, the parking spaces that meet
City Code (size, spacing, handicap accessible, drive aisle requirements, etc.) totals 37 parking spaces
on site.
There are currently 6 parking spaces (1 reserved for handicap parking) on the south side of the
northern building (Chinese Day Care); 6 parking spaces (two reserved for handicap parking) along
the north side of the southern building; 12 parking spaces to the east of the southern building; 11
parking spaces along the east boundary of the property; and 2 parking spaces in the northwest
corner of the site. All other parking as shown on the Applicant's site plan (spaces 1 -4 and 26 -33) are
drive aisles required for safety and circulation on the property.
Off -Site Parking
Parking is prohibited along this portion of Kenzie Terrace as marked with the "No Parking Signs"
along the corridor. Lowry Avenue does not currently prohibit parking along the north portion of the
roadway located within the City limits; however a maximum of 5 -6 cars could realistically park in this
area, however is discouraged given the low density residential neighborhood adjacent. In any
regard, these 5 -6 spaces do not count toward the total minimum on -site parking requirements.
Minimum Parking Space Requirements
Chapter 152.179 (A) (5) outlines the "minimum number of spaces" required with each use in the
City. The Applicant is proposing a restaurant within the C— Commercial District. The City Code has
three classifications for parking that may be considered for the proposed use, including:
(c) Churches, clubs, and restaurants must have a number of parking space which is no less than
the total designed seating capacity of the structure divided by 2.5, plus 1 parking space for
each employee on the largest shift (15 parking spaces required); or
(f) Uses in the C District must have at least 1 parking space for every 300 square feet of gross
floor area (5 parking spaces required); or
(1) Fast food, take out, and convenience restaurant must have at least 1 parking space for every
50 square feet of gross floor area, plus 1 parking space for every 3 seats, plus 1 parking
space for every employee on the largest shift (42 parking spaces required).
November 17, 2014
Page 3
When considering which type of use is most appropriate in terms of parking requirement category
as listed above, it would appear that (f) uses in the C District is not the most appropriate as the
proposed use is more intense in nature than an office space, personal service business, retail
business or other permitted use in the C- Commercial District.
Therefore, (c) or (1) appear to be the most appropriate category to consider. When looking at the
definition for "Fast Food Restaurant" in Chapter §152.008: Definitions, a Fast Food Restaurant is
defined as "a restaurant in which the primary method of dispensing and selling food is over the
counter directly to the customer for consumption on the premises or elsewhere, excluding
restaurants in which more than 20% of the gross sales are through table service ".
While the Applicant did not provide the breakdown of sales anticipated, the indication that it will
"focus strongly on take -out and delivery". It is unknown at this time (as this is the first business of
its kind) if Busters falls more in line with a traditional fast -food restaurant similar to a Culvers or
Wendys, or if it falls more in line with an Applebees (with Car -side To Go). Given the size of the use,
and the Applicant's indication for "focusing strongly on take -out and delivery", Staff has concluded
that the use tends to fit into the context of provision (1) fast food, take out, and convenience
restaurant, thus requiring a greater amount of parking on -site, and therefore Staff concluded that a
variance is needed. In this instance, a total of 53 parking spaces are required.
If the Planning Commission and City Council interpreted the use differently (classifying as (c)
Churches, clubs, and restaurants) a total of 26 parking spaces are required. Alternatively, an average
or middle ground of the two categories (perhaps a restaurant like Panera Bread, Smash Burger, and
the like — both sit -down and take -out and generally of a faster nature) would require 40 parking
spaces. Given the fact that the site can only accommodate up to 37 parking spaces, Staff has
determined that a variance is still required under this interpretation.
Vehicular Circulation
The site can be accessed from any of the three access points; one from Kenzie Terrace to the north,
and two from Lowry Avenue to the south. Drive aisles encompass the site, providing safe
circulation within the Property.
The uses currently located on the Property are generally of a low intensity use that does not
generate a significant amount of traffic on a daily basis. Both uses currently on site are also closed
on the weekend.
The proposed restaurant use is anticipated to generate 40 -60 trips per day based on the Institute of
Traffic Engineers (ITE) Code. This number accounts for deliveries, garbage hauler pick -up, etc. Is
appears that both Kenzie Terrace and Lowry Grove can adequately accommodate this anticipated
traffic.
Pedestrian Circulation
A sidewalk currently exists along Kenzie Terrace, with a connection to the north building on the
property as well as the parking lot to access the south building. A sidewalk also exists along the
north side of the south building where the Applicant is proposing the restaurant use.
Hours of Operation
The proposed hours of operation will be from 11am to 11pm Sunday through Thursday, and llam
to lam Friday and Saturday. The Applicant has indicated the business's peak hours will be 6pm to
9pm seven days a week. The proposed hours are similar to other like- businesses within the area
(i.e. Village Pub).
Sisnaae
The Property currently has a rooftop sign frame that the Applicant is proposing to reface. The sign is
56 sf in area (4' -%" x 14' -3 V) and is proposed to be an illuminated cabinet sign.
November 17, 2014
Page 4
2. Applicable Codes Relating to Conditional Uses.
Title XV Land Usage, Chapter 152 Zoning Code, Section §152.122 PERMITTED CONDITIONAL USES
(WITHIN THE C DISTRICT) (P) states that "Restaurants, cafeterias, and delicatessens located less than
250 feet from a residential structure or district' is permitted in the C District only by conditional use
permit issued by the City Council.
3. Criteria for, and Consistency with, Criteria for Conditional Use Permit (CUP) Approval. Title XV
Land Usage, Chapter 152 Zoning Code, Section §152.243 CONDITIONAL USE PERMITS (C) Application
states that a conditional use permit may be granted only by a majority vote of all members of the
City Council after determining that:
1. The use is one of the conditional uses specifically listed for the district in which the property is
located,
The Property at 2510 Kenzie Terrace is located within the C- Commercial Zoning District, which
allows restaurants, cafeterias, and delicatessens located less than 250 feet from a residential
structure or district' as a permitted conditional use. Criteria met.
2. The City Council has specified all conditions which the City Council deems necessary to make the
use compatible with other uses in the area:
Conditions have been described in this report and are included in the draft resolution for
consideration. Criteria met.
Conditions include:
I. The Applicant shall submit the appropriate plans and permits for review and approval
before beginning any construction or other alterations that requires a permit (i.e.
building permit for any interior work, sign permit, electrical permit, plumbing permit,
etc.).
2. An exterior dumpster, if proposed, shall be kept behind the existing southernmost
building and shall be screened pursuant to 150.072 (2) (d) (3) of the City Code. A site
plan showing the proposed dumpster and screening location shall be submitted,
reviewed and approved by the City Planner prior to installation.
3. Outdoor seating associated with the restaurant use is not permitted with this
Conditional Use Permit (CUP). If outdoor seating is desired, an amendment to this
Permit is required.
4. Any radio receiving set, musical instrument, paging system, or other similar device for
the production or reproduction of sound may not be played outside of the building
between the hours of 10:00pm and 7:OOam.
S. Any lighting associated with, or added to, the proposed restaurant use or parking lot
area shall be downward casting and shielded. A lighting plan must be submitted,
reviewed and approved by the City Planner prior to installation.
3. The use will not be detrimental to the health, safety, or general welfare of persons residing or
working in the vicinity or to the values of property in the vicinity; and
Surrounding land uses in the immediate vicinity include single family residential homes east and
south, high density residential to the northeast, a vacant parcel to the west and commercial
November 17, 2014
Page 5
uses and single family residential (Lowry Grove) to the north and northwest. Similar restaurant
uses have been located within this site in the past. It is unknown, however, how much seating
there was associated with the previous uses or the intensity of those restaurants in terms of
traffic. The Applicant's proposed restaurant concept appears to require more parking (when
combined with existing uses on the Property) than currently existing on site. This could result in
overflow parking on public streets within the neighborhoods to the south, which may be
bothersome. Additionally, having the business open until lam may have an impact on noise
associated with patrons leaving the restaurant in the morning hours. These hours are not unlike
other restaurant establishments in the area (i.e. Village Pub), although the neighborhood
characteristics surrounding the Village Pub are different than the Property located at 2510
Kenzie Terrace, as it is surrounded by other commercial property, a larger intersection, and
limited single family residential uses adjacent.
On the other hand, having restaurant within walking distance from residential uses promotes
walkability and provides the neighborhood with another dining option within their immediate
neighborhood. Restaurant uses have occurred on the Property in past and have been seen as a
benefit to the area. Criteria met.
4. The use will provide a service or a facility which is in the interest of public convenience and will
contribute to the general welfare.
Having a variety of dining options within a community is a convenience that serves the entire
community and surrounding area. Having dining options within walking distance of your
residence is an added benefit that not all areas throughout the community have. Additionally,
the space is currently vacant and therefore the property is underutilized. Adding a restaurant
business will fill the space and add some vibrancy to the area. Criteria met.
4. Criteria for and Consistency with Criteria for Variance Approval. Title XV Land Usage, Chapter 152
Zoning Code, Section §152.245, (C) Evidence, lists the criteria the city Council must consider in
determining whether to grant or deny a variance. The applicable criteria include:
1. The subject matter of the application is within the scope of this section.
The site currently has 37 parking spaces. A fast food, take out, and convenience restaurant
requires 42 parking spaces in addition to the existing uses on site ( 11 parking spaces for a total
of 53 parking spaces). Not meeting these criteria fits within the scope of the variance section.
Criteria met.
2. Strict enforcement would cause practical difficulties because:
a. The property owner proposes to use the property in a reasonable manner not permitted
by the zoning code;
The property owners propose to fill an existing vacant portion of a commercial building
with a restaurant, which is a commercial use. Restaurant uses have existed in this
location in the past. While the nature of the restaurant (intensity) is relatively unknown,
the Applicant's statement to "focusing strongly on take -out and delivery", in addition to
the 30 seats available for a dine -in experience, lend the need for additional parking.
Having a restaurant use in a commercially zoned district is reasonable use of the
property. Criteria met.
b. The plight of the property owner is due to circumstances unique to the property not
created by the property owner;
The Property is zoned C- Commercial and is located directly adjacent to a residentially
zoned district. The existing buildings and parking lot layout and sizing have been in
November 17, 2014
Page 6
place for several decades. Restaurant uses have been located here in the past as well.
The need for the variance was not created by the property owner. Criteria met.
c. The variance, if granted, will not alter the essential character of the locality; and
If the variance is granted, the use of the Property as a commercial district will not
change. The mixture of uses between commercial (service) type uses and residential
uses has existed for several decades. While it is acknowledged that having a restaurant
will increase the intensity of the use (as opposed to the existing vacant space), having
this mixture of uses promotes the visions of the City by creating a sustainable and
walkable environment. The building will not be altered physically in any way (besides
new signage) and the overall site and parking layout will remain the same. Criteria met.
d. Economic considerations alone are not the basis of the practical difficulties.
The basis for the practical difficulties is that the parking lot is existing in its current
layout and size. It does not appear that economic considerations alone are the basis of
the practical difficulties. Criteria met.
3. The variance, if granted, would be consistent with the City's comprehensive land use plan.
If the variance is granted the use of the property would remain the same land use as it is today,
commercial. The comprehensive plan guides this area for commercial use and the proposed
restaurant use will not alter that use. Criteria met.
4. The granting of the variance is in harmony with the general purposes and intent of the zoning
code.
The intent of the zoning code is to protect the health, safety, and general welfare of the city and
its people through the establishment of minimum regulations governing land development and
use. The zoning code is established to:
a. Protect the use districts
The proposal would not change the use of the property. The current use (and proposed
use) as a commercial business is consistent with the City Code and uses outlined within.
Criteria met.
b. Promote orderly development and redevelopment;
The proposal seeks to fill a currently vacant portion of a commercial building that has
been used as a restaurant use in the past. Having dining options within walking distance
from single - family residential neighborhoods encourages walkable and sustainable
neighborhoods. Criteria met.
c. Provide adequate light air, and access to property;
The proposal would not negatively impact adequate light or air from reaching the
property or adjacent properties as the existing buildings and site layout will not be
modified as part of the proposal. Criteria met.
d. Prevent congestion in the public streets;
While additional vehicle and pedestrian trips will be made to and from the site with the
addition of a restaurant use, the proposal is not anticipated to have an impact on the
traffic or congestion in the public streets. If all parking spaces are fully utilized within
the existing parking lot, it is possible that vehicles could overflow into the surrounding
public streets. However, given the hours of operation of the other businesses located
November 17, 2014
Page 7
on site, and the nature of the business to have quick turnaround (pick -up and deliver) of
customers, it is anticipated that parking and traffic can be handled adequately on the
Property. Criteria met.
e. Prevent overcrowding of land and undue concentration of structures by regulating land,
buildings, yards, and densities;
Allowing the requested variance will not result in overcrowding of the land or an undue
concentration of structures as the buildings will not be altered from existing conditions
on site. Criteria met.
f. Provide for compatibility of different land uses;
The proposal will not result in a change of land use, nor is it seen conflict with adjacent
land uses. Having a mixture of uses and services within a close proximity to one another
promotes the City's visions of having a sustainable and walkable community. Criteria
met.
CONCLUSIONS
The Property has been utilized for commercial uses for the past several decades, and has been in close
proximity to single - family residential land uses. The existing buildings on site will not change in any way
(other than proposed signage along the north side of the southernmost building), nor will the layout of
the existing parking lot.
Having a restaurant use occupy a portion of the south building will provide an alternative dining option
for residents within the immediate area and throughout the community and surrounding area. The
location of the site also lends itself well to opportunities for residents and neighbors to walk to the
property as opposed to traveling by vehicle.
While it is acknowledged that traffic may increase to and from the Property over existing site conditions
(having a vacant space), the hours of operation, size of the restaurant, number of employees and ability
to share parking with the other two tenants appears to be reasonable.
RECOMMENDED ACTION
i. Request Additional Information and Continue the Public Hearing. The only item of additional
information from the Applicant that may be useful to the Planning Commission may be some
detail on the rationale for the size and shape of the proposed addition. otherwise, the
Applicant has provided all of the required information for the Planning Commission's evaluation.
Should the Planning Commission request additional information from the Applicant, the
Planning Commission should continue the public hearing until a later time.
2. Recommend Approval (with or without conditions) of the Variance. In the event of a
recommendation for approval (with or without conditions), the Planning Commission may refer
to Exhibit D and may modify the draft resolution for approval to include any conditions that it
deems necessary.
3. Recommend Denial of the Variance. In the event the Planning Commission chooses denial of
the requested variance, it should clearly state its reasons for the denial recommendation and
direct staff to prepare a resolution.
ATTACHMENTS
Exhibit A: Location map
Exhibit B: Application and Supporting Material
November 17, 2014
Page 8
Exhibit C: Draft Resolution of Approval
EXHIBIT - D:
CITY OF ST. ANTHONY VILLAGE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) TO ALLOW A
RESTAURANT TO BE LOCATED LESS THAN 250 FEET FROM A RESIDENTIALLY
ZONED STALLS ON THE ROPERTY LOCATED AT 2510 KENZIE TERRACE
ERRAA CEARKING
WHEREAS, the City of St. Anthony Village received a request from the Applicant Joel
Janssen on behalf of the Owner R.J. Ruppert Trustee for a conditional use permit (CUP) to allow
a restaurant to be located less than 250 feet from a residentially zoned district and a variance from
the minimum required parking stalls on the property located at 2510 Kenzie Terrace on October
14, 2014, legally described as follows:
Lot 2, Block 1, KENZIE TERRACE ADDITION
WHEREAS, the Property located at 2510 Kenzie Terrace is located within the C-
Commercial Zoning District; and
WHEREAS, restaurants, cafeterias and delicatessens located less than 250 feet from a
residential structure or district are permitted conditional uses with the issuance of a Conditional
Use Permit (CUP) in the C- Commercial Zoning District; and
WHEREAS, the Property located at 2510 Kenzie Terrace is located immediately
adjacent to a residentially zoned district; and
WHEREAS, the site currently has 37 marked parking stalls for shared use between the
two buildings (and three uses) on the Property; and
WHERAS, the proposed restaurant use requires 42 parking stalls for a total of 53 parking
stalls when combined with the other uses existing on site; and
WHEREAS, the Planning Commission reviewed and considered the requests based on
the related documents shown in the Applicant's application in a public hearing at their regular
meeting on November 24, 2014; and
WHEREAS, the City Council reviewed and considered the requests at their regular
meeting on December 9, 2014 based on the related documents, testimony received during the
public hearing, and requested further review by the Planning Commission; and
WHEREAS, the Planning Commission further analyzed the request and considered
additional conditions relating to screening and hours of operation at their regular meeting on
January 26, 2015; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of St.
Anthony Village approves the Applicant's conditional use permit and variance requests based on
the following findings:
1. The requested conditional use permit (CUP) is consistent with all of the standards for
granting a conditional use permit as described in Section §152.243 of the St. Anthony
Village Zoning Code. More specifically, the City Council finds that the required
conditional use permit is justified for the following reasons:
a. The restaurant use is one of the conditional uses specifically listed within the C-
Commercial Zoning District in which the Property is located in.
b. The City has specified all conditions which the City Council has deemed
necessary to make the use compatible with other uses in the area;
C. The additional dining option within close proximity to single - family and high -
density multiple- family residential uses will provide a mixture of uses in the
neighborhood, which will promote walkability and sustainability, which
contributes to the health, safety and welfare of the persons residing or working in
the vicinity; and
d. The proposed restaurant use will provide a service which in the interest of public
convenience and will contribute to the general welfare.
2. The requested variance is consistent with all the standards for granting a variance as
described in Section § 152.245 of the St. Anthony Village Zoning Code. More
specifically, the City Council finds that the requested variance is justified for the
following reasons:
a. The Applicant proposes to use the property in a reasonable manner. A restaurant
use is common within commercially zoned districts and has previously been
located on this Property.
b. The site layout in terms of size and location of the existing buildings and parking
lot area will not change with the proposal of locating a restaurant within the
vacant portion of the southernmost building. Limited parking stalls are a
circumstance unique to the Property, and were not created by the Applicant.
c. Granting the variance will not alter the essential character of the locality, as the
Property will remain a commercially zoned property which permits a variety of
uses including restaurant uses.
d. Economic considerations alone are not the basis of the practical difficulties.
e. Granting the variance is consistent with the City's comprehensive land use plan
and is in harmony with the general purposes and intent of the City's Code
relating to protecting the use districts. The use of the Property will remain the
same as it is today.
f. Granting the variance from the minimum required parking stalls will not impact
the amount of adequate light, air and access to Property or neighboring
properties.
g. Allowing the variance is in harmony with the general purposes and intent of the
City's Code relating to preventing congestion in public streets. The project will
have no impact on congestion as both Kenzie Terrace and Lowy Avenue can
adequately accommodate the anticipated traffic generated from the commercial
use.
h. Allowing the variance is in harmony with the general purposes and intent of the
City's Code to provide for compatibility of different land uses. The project will
have no impact on land use compatibility, and will encourage walkable and
sustainable neighborhoods through a variety and mixture of uses in close
proximity.
i. Allowing the variance is in harmony with the general purposes and intent of the
City's Code to prevent overcrowding of land and undue concentration of
structures by regulating land, buildings, yards and densities. The variance will
not result in overcrowding or concentration of buildings as the site layout will not
be modified with the proposed restaurant use.
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council's
approval of the requested conditional use permit and variance is contingent on the following:
1. The Applicant shall submit the appropriate plans and permits for review and approval
before beginning any construction or other alterations that requires a permit (i.e.
building permit for any interior work, sign permit, electrical permit, plumbing permit,
etc.).
2. An exterior dumpster, if proposed, shall be kept behind the existing southernm sA
building and shall be screened pursuant to 150.072 (2) (d) (3) the City
site plan showing the proposed dumpster and screening location shall be submitted,
reviewed and approved by the City Planner prior to installation.
3. Outdoor seating associated with the restaurant use is not permitted with this
Conditional Use Permit (CUP). If outdoor seating is desired, an amendment to this
Permit is required.
4. Any radio receiving set, musical instrument, paging system, or other similar device
for the production or reproduction of sound may not be played outside of the building
between the hours of 10:00pm and 7:OOam.
5. Any lighting associated with, or added to, the proposed restaurant use or parking lot
area shall be downward casting and shielded. A lighting plan must be submitted,
reviewed and approved by the City Planner prior to installation.
6. Hours of operation shall be limited until I I in Sunday through Thursday and lam
Friday an d Saturday night The dine in portion of the restaurant shall cease at l Opm
every ni ght. All delivm vehicles after lo pm must pgrk on the north side of the
buildinp located at 2510 Kenzie Terrace to minimize headli ht lace onto the
nee hborin sin ale-family residential areas to the south.
7. Additional natural landscaping/screening is required along the west side of the
existing easternmost drive -aisle access to /from Lo3m Avenue along the south border
of the Pro e . Screening shall consist of coniferous shrubs and/or trees in a
quantity adequate to visually screen as much of the pg&ing lot area as feasible and
shall be at least three (3) feet in height All screenin¢ must comply with the City's
vision triangle standards to ensure adequate clear lines of vision at the intersection of
the parking lot drive -aisle to ensure traffic and pedestrian sightlines and safety.
8. (insert additional conditions as discussed)
APPROVED in the regular session of the City Council on
Jerome O. Faust, Mayor
Attested:
Barb Suciu, City Clerk
EXHIBIT E: SITE PHOTOS
Fence and mature trees along south property line
EXHIBIT E: SITE PHOTOS
■
Easternmost parking lot drive -aisle access from Lowry Avenue
1/19/2015
2510 Kenzie Terrace
CUP and Variance Requests -
Continued
Planning Commission Meeting
January 26, 2015
ain thoiry
i a _.
,J
4
IL
1
nzie Terrace
ain thon�
.0. Kenzie Terrace
• Public Hearing held November 24, 2014
• City Council Meeting on December 9, 2014
— Tabled decision and sent back to PC for further
review
• Restriction on hours of operation; and
• Additional screening along the south property
boundary
in ntho
a __-
a C -- - - --
1/19/2015
2
Terrace
• Hours of Operation
— Proposed: llam -11pm Sun through Thurs
llam — lam Fri and Sat
— (Dec 9 CC Mtg) —
• Increased orders for delivery and /or takeout between
10:00pm and 1:00am'
• 70% of business
• Dine -in closed at 10:001)m
am nthoC � - -
ia
zie Terrace
• Hours of Operation
— Consideration — limit the hours of operation
w�e
— "Hours of operation shall be limited until llpm
Sunday through Thursday and lam Friday and
Saturday night. The dine -in portion of the restaurant
shall cease at 10pm every night. All delivery vehicles
after 10pm must park on the north side of the
building located at 2510 Kenzie Terrace to minimize
headlight glare onto the neighboring single - family
residential areas to the south."
ain thorry — - - - - --
i a (J
M-;
1/19/2015
3
Terrace
• Screening
— 2 access points of /onto Lowry Avenue to the
south
— Opaque fence located along southern portion of
the property between mature trees
— Parking spaces exist to the east and north of the
existing building
• 6 of which face south
• 1 -2 spaces not screened currently (due to site layout)
ain thorry ___
ilJ _.. -- - --- --- - - -- - --
enzie Terrace
-�
4 .4
ain ho
1/19/2015
2
1/19/2015
2,510 Kenzie Terrace
A t a ;t15 T J
1�
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zie Terrace
5
1/19/2015
nzie Terrace
�� � C
c 7
a
nzie Terrace
1/19/2015
zie Terrace
ain� th6 o�ry - — - - -- -- - - -
ia —
1/19/2015
1 Kenzie Terrace
�k
Ili y Y
I �
A WA
jadequate enz7scr rrace
• Screening
— Limited ns exist for nal screening
— Planning mission maider:
• 'Additiatural landscreening is required along
the we of the existinrnmost drive -aisle to /from Lowry e along the so der of the Property. Screenall consist of cus shrubs and /or trees, in a quanequate to viseen as much of the parking rea as feasibleall be at least three (3)
feet in t. All screening must comply with the City's
vision te standards to ensure adequate clear lines of
vision aintersection of the parking lot drive -aisle to
ensure traffic and pedestrian sightlines and safety."
am tho_iry
W
1/19/2015
0"
PLANNING COMMISSION
2015 MEETING AND SUBMITTAL SCHEDULE
MEETING DATE APPLICATION SUBMITTAL
DEADLINE
January 26
December 26, 2014
February 23
January 23
March 23
February 23
April 27
March 27
May 18
April 21
June 22
May 22
July 27
June 26
August 24
July 24
September 28
August 28
October 26
September 25
November 23
October 23
December 28
November 25
• Planning Commission Meetings are held at 7:00pm at City Hall, 3301 Silver Lake Road.
• Exceptions to deadlines and meeting times may occur when meetings or deadlines occur during a
week of a holiday.
3301 Silver Lake Road, St. Anthony, Minnesota 55418 -1699 • www.ci.saint- anthony.mn.us •(612) 782 -3301 Fax (612) 782 -3302
Our mission is to be 0 progressive and livable community, a walkable village which is sustainable, safe and secure.
Approved by City Council on 2015
MO.-
St. Anthony Village Planning Commission
2015 Work Plan
The Planning Commission is a seven member advisory commission, appointed by the City Council and
charged with the following duties (City Code Chapter 32, Section 32.06):
A) Review and make recommendations to the City Council as to a comprehensive municipal plan,
including the land use plan, a community facilities plan, a transportation plan, and
recommendations for plan adoption and execution;
B) Consider and make recommendations to the City Council as to all proposed subdivisions and
plats;
C) Consider and make recommendations to the City Council as to all proposed amendments to the
Chapters 151 and 152 of this code regarding subdivisions and zoning;
D) Consider, hold hearings, and make recommendations on conditional use permit applications;
E) Review all applications for variance to zoning, hold hearings, and make recommendations to the
City Council; and
F) Review requests for sign variances.
In 2015, the Planning Commission will focus on the following items:
I. Continue training on both planning/zoning issues.
2. Review and making recommendations on land use and development applications.
3. Reviewing and making recommendations on proposed City Code amendments, Comprehensive
Plan amendments, and other long range planning documents. Among potential projects in
2015, the Planning Commission prioritized them in the following order (recognizing that not all
will be completed in 2015):
1. Continue review /update green /energy /reuse ordinance(s); specifically:
a. Solar Energy in residential and commercial areas;
b. Pervious pavement systems;
c. Urban Farming/Keeping of Animals Ordinance
2. Review outdoor wood burning fire standards;
3. Review landscaping and planting requirements ordinance; and
4. Review /update /create home occupation /interim use permit /special use permit
ordinance;
4. Reviewing and making recommendations on privately or City initiated rezoning and land use re-
guiding.
3301 Silver Lake Road, St. Anthony, Minnesota 55418 -1699 • www.ci.saint- anthony.mmus •(612) 782 -3301 Fax (612) 782 -3302
Our mission is to be a progressive and livable community, 0 walkable village which is sustainable, safe and secure.