HomeMy WebLinkAboutPL PACKET SPECIAL MEETING 06042012CITY OF ST. ANTHONY
PLANNING COMMISSION
SPECIAL MEETING AGENDA
MONDAY, JUNE 4, 2012
7:00 P.M.
COUNCIL CHAMBERS
I. Call To Order.
II. Roll Call.
III. Pledge of Allegiance.
IV. Approval of Meeting Agenda.
V. Approval of Meeting Minutes of May 15, 2012.
VI. Public Hearings.
VII. Concept Reviews.
VIII. Other Business.
VIII.1. Accepting the Results of the Study regarding Regulations of Assemblies, Meeting
Lodges, and Convention Halls.
VIII.2. Conditional Use Permit to allow a religious assembly for 3055 Old Highway 8;
Abu - Huraira Islamic Center. (continued from May 15, 2012.)
IX. Reports from Staff.
X. Community Forum.
Individuals may address the Planning Commission about any item not included on the regular agenda. Speakers are
requested to come to the podium, sign their name and address on the form at the podium, state their name and
address for the Clerk's record, and limit their remarks to five minutes. The Planning Commission may refer the
matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda.
XI. Information and Announcements.
XII. Adjournment.
FRIanning Commission\2012 \6 \6 special meeting \06042012 sp pc agenda.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
CITY OF ST. ANTHONY
PLANNING COMMISSION MEETING
MAY 15, 2012
7:00 p.m.
I. CALL TO ORDER.
Chair Heinis called the meeting to order at 7:00 p.m.
II. ROLL CALL.
Commissioners Present: Chairperson Heinis; Commissioners Chaput, Cincoski, Crone, Jensen,
Niccum, and Poucher.
Absent: None.
Also Present: City Manager Mark Casey, City Attorney Jay Lindgren, and Interim
City Planner Jacqueline Corkle.
III. PLEDGE OF ALLEGIANCE.
Chair Heinis invited the Commission and the audience to join him in the Pledge of Allegiance.
IV. APPROVAL OF MEETING AGENDA.
Chair Heinis requested that agenda item VII. 1. be moved forward on the agenda before agenda
item VI. 1.
Motion by Commissioner Jensen, second by Commissioner Niccum, to approve the meeting
agenda of May 15, 2012, as amended.
Motion carried unanimously.
V. APPROVAL OF MEETING MINUTES.
Motion by Commissioner Crone, second by Commissioner Niccum, to approve the April 17,
2012, Meeting Minutes.
Motion carried 6 -0 ( Chaput abstain).
VII. CONCEPT REVIEWS.
VILL Lot Coveraee Variance for 3301— 31s` Avenue NE, & Jane Wollan.
Interim City Planner Corkle explained the applicants have submitted an impervious surface
variance request for 33013 I't Avenue NE. She stated the property has a long driveway that
extends to the rear of the yard where the garage is located which contributes to the impervious
surface of the lot. She indicated lots greater than 9,000 square feet are allowed 35% of
impervious surface coverage and the garage takes up 437 square feet, the driveway takes up
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Planning Commission Regular Meeting Minutes
May 15, 2012
Page 2
2,300 square feet, and the house takes up 2,560 square feet. She advised the proposed
improvements will add 339 square feet of impervious surface bringing the total impervious
surface to 5,281 square feet or approximately 58% of impervious surface. She noted the
proposed improvements meet all setback requirements but will increase the impervious surface
by 339 square feet for a total of 5,620 square feet or approximately 62% of the lot.
Commissioner Jensen asked if the dimensions of the driveway were measured from the street or
from the front property line. He stated it would be helpful to know this because it would
contribute to the total surface coverage if measured from the street.
Mr. Curt Wollan appeared before the Planning Commission and stated he did not know how the
dimensions of the driveway were measured.
Commissioner Jensen noted the applicant would be allowed a stoop of a compliant nature and
stated the Planning Commission has had previous discussions regarding whether pervious pavers
would be allowable to diminish the impervious coverage. He indicated the Planning
Commission felt that pervious pavers represented a reasonable alternative and would not count at
least at 100 %. He requested further guidance from staff regarding the use of pervious pavers.
Interim City Planner Corkle stated that other materials such as wood could be used that would
not increase the impervious amount and agreed to investigate this further.
Commissioner Chaput asked the applicant if they would consider using pervious materials to
reduce the impervious surface coverage.
Mr. Wollan replied in the affirmative.
Interim City Planner Corkle agreed to check with the City Engineer regarding the use of pervious
material. She also agreed to verify the driveway dimensions.
VI. PUBLIC HEARINGS.
VIA. Conditional Use Permit to allow a religious assembly for 3055 Old Highway away 8• Abu -
Huraira Islamic Center.
Chair Heinis opened the public hearing at 7:11 p.m.
Interim City Planner Corkle explained the applicants have submitted a request for a Conditional
Use Permit to allow a religious assembly at 3055 Old Highway 8, which is zoned Light
Industrial. She stated the CUP is to allow religious assembly in a specific portion of the existing
building and assemblies are considered a permitted conditional use but the Ordinance does not
define assembly, meeting lodge, or convention hall. She stated the space identified for assembly
is 12,940 square feet and the rest of the building would remain office space. She advised the
assembly request would include daily prayer from 1:00 to 2:00 p.m. as well as evening worship
and food sharing during Ramadan. She stated that the minimum parking required for assembly
use is 109 spaces and the minimum number of spaces for the remaining use is 101 spaces; the
Planning Commission Regular Meeting Minutes
May 15, 2012
Page 3
I total number of spaces required for the site is 210, the building is situated on a parcel with 92
2 stalls and the remaining parking will come from the adjacent lot for a total of 329 spaces. She
3 indicated the City Council has authorized a study regarding regulation of assemblies and the City
4 Council passed a moratorium on the granting of Conditional Use Permits for assemblies, meeting
5 lodges, or convention halls pending the results of the study. She stated the study will be available
6 prior to a Special Planning Commission meeting to be held on June 4, 2012, and the City will
7 need to make a final decision by June 12, 2012, in order to meet the 120 day requirement.
9 Commissioner Jensen asked if there is a shared parking agreement or other document in place to
10 reflect the parking arrangement.
11
12 Interim City Planner Corkle advised if the Planning Commission were to recommend approval of
13 the CUP request at its June 4`h meeting, one of the conditions would require the applicant to
14 acquire the adjacent property or to have a shared parking arrangement in place.
15
16 Commissioner Jensen expressed concern about demand for parking given any midday surges.
17
18 Interim City Planner Corkle advised that staff reviewed the number of parking stalls required for
19 both assembly and office uses including the day care which resulted in 109 spaces and the
20 minimum number of stalls for the remaining uses is 100. She added the site needs approximately
21 200 spaces and 330 stalls are available assuming a shared parking arrangement is in effect.
22
23 Commissioner Poucher asked if the Special Planning Commission meeting on June 4'h would
24 include a public hearing.
25
26 City Attorney Lindgren advised the Planning Commission would not be required to hold a public
27 hearing on June 4a'; however, the Planning Commission could solicit public input or ask
28 questions of the applicant at that time if desired.
29
30 Mr. Muxamedrashid Ali appeared before the Planning Commission and stated they bought both
31 properties and are able to use parking on both lots so there will be plenty of parking available.
32
33 City Attorney Lindgren requested that Mr. Ali clarify for the record that Abu - Huraira Islamic
34 Center has a purchase agreement for both parcels.
35
36 Mr. Ali replied in the affirmative.
37
38 City Attorney Lindgren requested that Mr. Ali confirm that the purchase agreement is active,
39 noting there was a previous indication that the purchase agreement expired on April 30, 2012.
40
41 Mr. Ali explained that they extended the purchase agreement and it is good until the end of June.
42
43 Commissioner Crone requested further information about the hours of prayer and what a typical
44 week would entail.
45
Planning Commission Regular Meeting Minutes
May 15, 2012
Page 4
Mr. Ali stated that Muslims pray five times a day but nobody would come to the Center except
on Fridays from 1:00 -2:00 p.m. so that is the only time there would be a crowd. He added that
during Ramadan there would be less activity. He stated the rest of the time, the building would
be an office building and they are hoping to get more tenants.
6 Mr. Robert Lundeen, 3912 Fordham Drive, reared before the Planning Commission and stated
7 there is a mosque on Central Avenue and 26` that is crowded on weekends and people walk
8 across the street without worrying about traffic. He stated that Old Highway 8 is not an area
9 where people should be walking across the street and did not believe there was sufficient parking
10 available. He asked if the City Ordinance allows a church in a light industrial area.
11
12 City Attorney Lindgren stated the application is for a place of assembly within the Light
13 Industrial District within the residential areas of the City where there is a specific CUP that
14 allows places of worship to exist. He explained that this designation does not exist in the Light
15 Industrial or Commercial District; however, there is a category for a CUP for a place of
16 assembly. He stated the application is for a place of assembly and because a place of assembly is
17 not necessarily a religious assembly, the City Council requested a study on the regulation of
18 assemblies which it will take up at their June 12, 2012, City Council meeting; at that time, the
19 City Council will have a recommendation about whether or not assembly should be further
20 defined in Light Industrial and the City Council will take action on that study and any Ordinance
21 changes it deems advisable and will take that into account in response to this application.
22
23 Mr. Lundeen asked how real estate taxes will be applied if part of the building is used for
24 assembly.
25
26 City Attorney Lindgren stated that presumably a place of religious assembly would qualify as tax
27 exempt like any other religious use within the City. He added he believed the assumption would
28 be that that portion of the building would become exempt from property taxes.
29
30 Chair Heinis closed the public hearing at 7:31 p.m.
31
32 Mr. Michael Medina appeared before the Planning Commission and stated all parking will be
33 contained on the site with no off -site parking. He indicated that a lot of people will not drive to
34 the Center and he did not believe parking would be an issue. He stated they are marketing the
35 building for tenants and if they can get more of a tax base in the building, it will help the
36 community.
37
38 Mr. Ali stated that a nonprofit organization has a right to be exempt from taxes and they intend
39 to exempt only the portion used for religious purposes. He stated they will lease to any tenants
40 as long as the use is allowed and they will pay taxes.
41
42 Chair Heinis recited a written statement to the Planning Commission stating that unless there was
43 an objection, he did not intend to have the Planning Commission take action this evening. He
44 stated the study authorized by the City Council is not yet finalized and the Planning Commission
45 intends to hold a special meeting on June 4, 2012, to review the study and take action on the
46 CUP request. He added the study will be publicly available the week of May 28, 2012, and the
Planning Commission Regular Meeting Minutes
May 15, 2012
Page 5
1 Planning Commission will make a recommendation to the City Council on June 4, 2012, and the
2 City Council will hear this matter on June 12, 2012.
3
4 Commissioner Jensen requested that staff provide information on the ratio of total number of
5 parking stalls based on total number of occupants and whether that ratio is adequate.
6
7 Mr. Medina indicated the construction documents for the site provide striping at 10'x21' which
8 is larger than the Code requires and the parking lot could be restriped to 9'x19' without changing
9 any structural elements on the site resulting in an additional 30 stalls.
10
11 Motion by Commissioner Jensen, second by Commissioner Niccum, to table this matter to June
12 4, 2012.
13
14 Motion carried unanimously.
15
16 VIII. OTHER BUSINESS.
17
18 None.
19
20 IX. REPORTS FROM STAFF.
21
22 None.
23
24 X. COMMUNITY FORUM.
25
26 None.
27
28 XI. INFORMATION AND ANNOUNCEMENTS.
29
30 None.
31
32 XII. ADJOURNMENT.
33
34 Motion by Commissioner Crone, second by Commissioner Chaput, to adjourn the meeting at
35 7:40 p.m.
36
37 Motion carried unanimously.
38
39 Respectfully submitted,
40 Barbara Hughes
41 Timesaver Off Site Secretarial, Inc.
A
wse
Infrastructure . Engineering . Planning . Construction
CITY OF ST. ANTHONY VILLAGE MEMORANDUM
To: St. Anthony Village Planning Commission
From: Jacqueline Corkle, PTP, AICP Interim City Planner
Date: May 29, 2012
Planning Commission Special Session for June 4, 2012
City Council Regular Meeting for June 12, 2012
WSB Project No. 01626 -630
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763 -541 41800
Fax: 763 - 541 -1700
Regarding: The regulation of Assemblies, Meeting Lodges and Convention Halls
RECOMMENDATION
Based on the information provided in the study regarding the regulation of assemblies, meeting lodges
and convention halls, staff recommends that the St. Anthony Village Planning Commission recommend to
the St. Anthony City Council to accept the findings of the study and adopt Option #3 as outlined in
Exhibit B.
BACKGROUND
As the Planning Commission is aware, the St. Anthony Village City Council directed staff to prepare a
study regarding the regulation of assemblies, meeting lodges and convention halls as conditional uses in
the Light Industrial and Commercial Districts. In addition, the City Council has passed a moratorium on
the issuance of Conditional Use Permits for Assemblies, Meeting Lodges or Convention Halls within
Commercial and Light Industrial Zoning Districts in order to allow the study to be completed and to allow
for any potential changes to the city's Zoning Code.
The study on the regulation of assemblies, meeting lodges and convention halls as conditional uses in the
Light Industrial land Commercial Districts has recently been distributed to the Planning Commission and
has been provided for public review. This evening the study is presented to the Planning Commission for
recommendations to the City Council.
STUDY OVERVIEW
A. Study Purpose. The purpose of the study was six -fold:
1. Determine the meaning of `assembly' as used within the existing Zoning Code,
2. Determine whether the city intended religious assemblies to exist as conditional uses in
commercial (C) and light industrial (LI) zoning districts.
3. Ensure that any amendment to the Zoning Code does not conflict with the city's intent in
planning for property in the C and LI districts
4. Ensure that, if amended, the Zoning Code is improved in regard to consistency and clarity with
respect to the use of `assemblies'.
5. Ensure that the Zoning Code is consistent with federal law.
6. Respect any applicants currently having a pending application.
May 25, 2012
Page 2
B. Key Findings. The study drew a number of conclusions based on the study purpose outlined above.
1. Meaning of `assembly' as used within the existing Zoning Code. The Zoning Code exists in
Chapter 152 of the City Code. It contains an "intent and purpose" and defines and describes nine
separate zoning districts in which certain uses may occur as "permitted uses" or "conditional
uses." Each zoning district has a stated purpose as contemplated by the underlying planning
goals of the City. "Churches, synagogues, and temples" are allowed within certain residential
districts. "Assemblies, meeting lodges, and convention halls" are allowed within commercial and
light industrial districts. These terms have distinct and separate intended meanings. The Zoning
Code arguably prohibits places of worship within non - residential districts because the use of a
religious assembly does not fit the type of assembly use allowed within the Zoning Code.
2. City intent for religious assemblies in C and LI districts. Because the city has little of its
space devoted to, and available for, commercial or light industrial use, it is important that the city
properly determine what types of permitted or conditional uses may exist within these valuable
zoning districts.
The zoning districts allow for permitted uses and conditional uses. A permitted use is "[a] use
expressly authorized by the zoning code for a particular district or districts." City Code §
152.008 (Zoning Code definitions section). A conditional use is "[a] use which is not classified
as a permitted use but which may be permitted subject to conditions imposed by the City
Council." Each zoning district has a specifically stated purpose. Besides having different
planning goals and intentions, the zoning districts also differ in their allowance of certain types of
religious or secular "assemblies."
The R -1 Single Family District, the R -2 Two - Family District, the R -3 Townhouse District and the
R -4 Multiple- Family District all allow for a permitted conditional use of "Churches, temples, or
synagogues and their supporting homes, convents, or rectories." The C General Commercial
District allows for the permitted conditional use of "Assembly, lodge or convention halls." The C
District does not specifically permit places of worship, churches, or religious assembly of any
kind. The LI Light Industrial District allows for the permitted conditional use of "Assembly,
meeting lodge, or convention halls." The LI District does not specifically permit places of
worship, churches, or religious assembly of any kind.
The Zoning Code does not define churches, temples or synagogues, nor does it define assembly,
meeting lodge, or convention halls. The Zoning Code specifically allows for churches, temples,
or synagogues within certain residential zoning districts. The Zoning Code specifically allows for
assemblies, meeting lodges, or convention halls within the commercial and light industrial zoning
districts. The study found that a difference exists between the city's intended meaning of
"churches, temples or synagogues" and "assemblies, lodges, or convention halls."
3. Ensure potential amendments do not conflict with intent of commercial and light industrial
districts.
Commercial District
The purpose of the city's commercial zoning district is "to provide areas for retail sales and
services located and regulated so as to minimize adverse effects on neighboring residential
districts and congestion of public streets." The types of uses allowed within this district are uses
associated with business and commerce.
Section 152.121 of the Zoning Code lists over 70 permitted uses which exemplify types of
businesses or establishments engaging in or supporting commerce. Examples include a wide
variety of retail stores (e.g., appliance stores, clothing stores, jewelry stores, toy stores) and retail
service establishments (e.g., attorneys, bakeries, employment agency offices, health professional
offices, postal substations, veterinary clinics).
May 25, 2012
Page 3
Section 152.122 of the Zoning Code lists 25 permitted conditional uses, which also are businesses
or establishments engaging in or supporting commerce. Examples include bus stations, car
washes, gasoline stations, motels, bowling alleys, and specific types of laboratories for medical
research and testing that provide services to health care providers.
Industrial District
The purpose of the city's light industrial zoning district is "to designate areas for, and regulate the
development of, light industry. Areas are designated as light industrial due to the proximity of
high capacity roadways or rail facilities and existing development, and regulated to enhance the
compatibility of light industrial uses and uses within the commercial and residential districts."
Section 151.141 of the Zoning Code lists nine types of permitted uses, which include many
specific examples of uses devoted to light industry. Examples include manufacturing industries;
warehouses, wholesalers, or distributors of products; and offices devoted specifically for
administrative purposes, non - retail businesses, or certain types of contractors. Other permitted
uses include automotive service and repair and cleaning, laundering, and dry cleaning facilities.
Section 152.142 of the Zoning Code lists nine types of permitted conditional uses, which also are
uses exemplifying or directly supporting light industry. Examples include drug, cosmetic,
pharmaceutical, and toiletries manufacture; enameling, painting, varnishing, lacquering, and
japanning; freight terminals; and meat packing that does not include animal slaughtering.
4. Ensure the Zoning Code is improved in regard to consistency and clarity with respect to the
use of `assemblies.
Overall, "churches, temples, or synagogues" constitute separate types of uses from "assemblies,
lodges, or convention halls." In general, places of worship align better with certain residential
districts, while places of secular assembly align better with commercial or industrial districts.
Because the city has little of its space available for commercial or light industrial use, it is
important that the city properly determine what types of assembly, if any, may exist within these
zoning districts. The city has devoted most of its land to residential use, which allows for places
of religious assembly. The limited areas that the city has devoted to commercial and light
industrial use, and that are available for such uses, suggest that the city should consider closely
whether to expand the types of uses within these districts. The city is interested in promoting
economic development and job growth and has devoted two specific zoning districts to those
planning goals.
5. Ensure the Zoning Code is consistent with federal law. The City must be cognizant of the
federal Religious Land Use and Institutionalized Persons Act ( "RLUIPA ") before deciding how
to amend its Zoning Code. See 42 U.S.C. § 2000cc. Under RLUIPA, religious institutions must
be treated as well as comparable secular institutions. The "Equal Terms" provision of RLUIPA
states that a municipality may not treat "a religious assembly or institution on less than equal
terms with a nonreligious assembly or institution." 42 U.S.C. § 2000cc(b)(1). RLUIPA is
relatively unclear as to how "assembly" should be defined, and it is even more uncertain within
the state of Minnesota.
Therefore, if the City Council chooses to amend its Zoning Code, besides ensuring that the
Zoning Code clearly reflects the intent of the city's zoning plan and best interests of the city as a
whole, the City Council should consider whether the amended code is sufficiently clear for
purposes of RLUIPA.
May 25, 2012
Page 4
6. Respect any applicants having a current application.
On February 14, 2012, Muxamedrashid Ali submitted an application for a CUP to the city
seeking a permitted conditional use of an "assembly" under sections 152.142(G) and 152.243 of
the City Code (the "Application "). The Application describes the transformation of part of the
Saint Anthony Business Center (the "Business Center ") into the Abu - Huraira Islamic Center (the
"Islamic Center "). The Islamic Center will be used for religious, cultural, and educational
purposes. The Islamic Center will be a place of worship, with certain religious ceremonies, such
as prayer hours, conducted every day. Special worship ceremonies will occur during Ramadan.
The Islamic Center will also be used for other types of cultural, educational, and religious
activities.
On March 13, 2012, the City Council adopted a resolution authorizing a study regarding
regulation of assemblies, meeting lodges, and convention halls within commercial and light
industrial zoning districts (the "Resolution "). The Study is to be undertaken by the City staff in
conjunction with the Planning Commission for the purpose of considering amendments to the
Zoning Code regarding the regulation of assemblies, meeting lodges, and convention halls.
On March 13, 2012, the City Council approved an interim ordinance imposing a moratorium on
the issuance of CUPS for assemblies, meeting lodges, or convention halls within commercial and
light industrial zoning districts (the "Moratorium "). The Moratorium would generally be
effective for one year, but the City Council is scheduled to act on this particular Moratorium by
June 12, 2012 to coincide with the timeline for the city to make its land use decision regarding the
Application under Minnesota Statutes section 15.99.
C. Options. Based on the findings above, the study outlined three options for addressing issues
surrounding the issuance of CUPS for "assemblies, meeting lodges, or convention halls" within the C
and LI zoning districts.
Option 1: Option one suggests clarifying or defining terms related to `assembly' and `church'
under the Zoning Ordinance. This option would also serve to clarify the city's intended purposes
within each of its zoning districts, but may not create a sufficient distinction between the two
terms. Additionally, it does not address all of the study goals outlined in Section Iabove.
Option 2: Option two suggests allowing all types of assembly use within LI and C zoning
districts while simultaneously amending the Zoning Ordinance to clarify the associated
definitions or terms. This option would establish limitations on assembly use related to the size
or scope of the use. This option would help maintain the economic and development goals
associated with the LI and C zoning districts but allow for a compromise for religious and secular
assemblies interested in locating within these areas of the city. This option, however, does not
fully carry out the city's intended economic goals related to its C and LI zoning districts and
therefore may hinder the city's general planning objectives and opportunities for economic
growth and prosperity.
Option 3: Option three suggests allowing all assembly use (religious and non - religious) within
the C zoning district and eliminating all `assembly' use from the LI district. This option would
provide a reasonable alternative to applicants seeking places for assembly within the city and
work to treat assemblies equally within the specific zoning districts. This option would also fully
preserve the LI district as an area of the city devoted specifically to industry- oriented
development and economic growth, and thus meet the city's general planning goals.
D. Recommendations. The study recommends pursuing Option 3. This option would recommend that
the City Council amend the Zoning Ordinance in a manner that balances the city's economic
May 25, 2012
Page 5
development and job growth interests with the interest of groups in establishing places of secular and
religious assembly. Furthermore, the study recommends:
Allowing all types of assemblies —religious and non - religious —to exist within the
commercial zoning district.
Excluding all types of assemblies — religious and non - religious — from the light industrial
zoning district.
• Clarifying the definition of `assembly' to include both religious and non - religious assemblies.
POTENTIAL ACTION
1. Recommend Accepting the Study Findings and Adopt Option 3. In the event the Planning
Commission agrees with accepting the study findings and pursuing Option 3, the Planning
Commission may refer to Exhibit B, and may modify the draft resolution for approval.
2. Recommend Accepting the Study Findings and Adopt Option 1 or Option 2. In the event the
Planning Commission agrees with accepting the study findings and pursuing Option 1 or Option
2, it should clearly state its reasons for its recommendation.
3. Recommend Rejecting the Study Findings. In the event the Planning Commission disagrees
with study findings and wishes to reject them, it should clearly state its reasons for its
recommendation.
ATTACHMENTS
Exhibit A: Study on the regulation of assemblies, meeting lodges and convention halls
Exhibit B: Draft Resolution
THIS PAGE LEFT INTENTIONALLY BLANK
A STUDY FOR THE PURPOSE OF CONSIDERING
AMENDMENTS TO THE CITY ZONING CODE
REGARDING THE REGULATION OF ASSEMBLIES,
MEETING LODGES, AND CONVENTION HALLS
Conducted By
THE CITY STAFF OF THE CITY OF SAINT ANTHONY VILLAGE, MINNESOTA
May 2012
TABLE OF CONTENTS
1.0 EXECUTIVE SUMMARY ............................................................................................... ..............................1
2.0 PURPOSEOFSTUDY .................................................................................................... ..............................3
3.0 ANALYSIS OF CITY OF SAINT ANTHONY VILLAGEZONING CODE ................. ..............................3
3.1 CITY OF SAINT ANTHONY VILLAGE ZONING CODE: INTENT, PURPOSE, AND INTERPRETATION ..................3
3.2 CITY OF SAINT ANTHONY VILLAGE ZONING DISTRICTS ............................................... ..............................4
3.3 ANALYSIS OF COMMERCIAL ZONING DISTRICT ............................................................. ..............................7
3.4 ANALYSIS OF LIGHT INDUSTRIAL ZONING DISTRICT ..................................................... ..............................7
3.5 INTERPRETATION OF ZONING CODE LANGUAGE PERTAINING TO "CHURCHES" OR "ASSEMBLIES .. .............8
3.6 MAP: CITY OF SAINT ANTHONY VILLAGE ZONING DISTRICTS .................................. ............................... 10
3.7 TABLE: CITY OF SAINT ANTHONY VILLAGE ZONING DISTRICTS (ACREAGE AND PERCENTAGE OF TOTAL
LANDUSE) ............................................................................................................................... ............................... 1 1
4.0 BACKGROUND INFORMATION ................................................................................ .............................11
4.1 RECENT APPLICATIONS FOR RELIGIOUS ASSEMBLY USE IN LIGHT INDUSTRIAL ZONING DISTRICT.......... 11
4.2 RESOLUTION ADOPTING STUDY ................................................................................. ............................... 13
4.3 INTERIM ORDINANCE ( MORATORIUM) ....................................................................... ............................... 13
5.0 LEGAL FRAMEWORK .................................................................................................. .............................13
6.0 POSSIBLE OPTIONS FOR THE CITY ........................................................................ .............................14
6.1 OPTION #1: CHANGE TERMS OR CLARIFY DEFINITIONS ........................................... ............................... 14
6.2 OPTION #2: ALLOW FOR ALL RELIGIOUS AND NON - RELIGIOUS ASSEMBLIES IN LIGHT INDUSTRIAL AND
COMMERCIAL ZONING DISTRICTS BUT LIMIT THE SIZE OR SCOPE OF THE USE ........................ ............................... 20
6.3 OPTION #3: ALLOW ALL "ASSEMBLY" USE WITHIN COMMERCIAL ZONING DISTRICT; ELIMINATE ALL
"ASSEMBLY" USE (I.E., RELIGIOUS AND NON - RELIGIOUS) FROM LIGHT INDUSTRIAL ZONING DISTRICT ............... 22
7.0 NONCONFORMING USES ........................................................................................... .............................24
7.1 MINNESOTA STATE LAW: NONCONFORMING USES .................................................... ............................... 24
7.2 SAINT ANTHONY ZONING CODE: NONCONFORMING USES ......................................... ............................... 25
7.3 NONCONFORMING USE ANALYSIS ...................... 9C
8.0 CONCLUSION ................................................................................................................ .............................25
-1-
STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
1.0 EXECUTIVE SUMMARY
The City of Saint Anthony Village, Minnesota (the "City") is divided into nine zoning
districts. Five of the zoning districts are residential districts, one is a commercial district, one is
a light industrial district, one is a planned use development ("EM') district, and one is a
recreation/open space district. The PUD zoning district consists of both residential and
commercial use. All of the zoning districts together comprise 1,231.53 total acres of land.
The commercial and light industrial zoning districts are limited in size in relation to the
City's land area as a whole. However, these districts represent the primary job creating and non-
residential tax base portions of the City. Approximately 6.04 percent of the City's total land is
devoted to commercial use. The commercial zoning district itself comprises approximately 2.43
percent of the City's land area, and approximately 2/3 of the PUD district is also devoted to
commercial use, which increases the total commercial land use in the City to 6.04 percent.
Approximately 4.99 percent of the City's total land is devoted to light industrial use, all of it
exclusively located within the light industrial zoning district itself. Because the City has little of
its space devoted to, and available for, commercial or light industrial use, it is important that the
City properly determines what types of permitted or conditional uses may exist within these
valuable zoning districts.
The City has recently received two separate applications for conditional use permits
( "CUP ") for the use of religious assembly within the light industrial zoning district. The City
Council denied the first of these applications in October 2011 based on its belief that a place of
worship generally does not belong within a light industrial zoning district according to the
zoning district's intended uses related to economic development and job growth. The City
received another such application in February 2012 that is similar in many regards (i.e., the
applicant desires to convert a business center within the light industrial zoning district into a
place of religious assembly).
On March 13, 2012, the City adopted an interim ordinance as authorized by Minnesota
Statutes section 462.355(4). This interim ordinance would generally be effective for one year,
but the City Council is scheduled to act on this particular interim ordinance by June 12, 2012, the
same date on which a decision regarding the pending CUP application would have to be made
under Minnesota Statutes section 15.99. The ordinance places a moratorium on CUPS for places
of assembly within light industrial or commercial zoning districts until the City conducts a study
to interpret certain language pertaining to "assemblies, meeting lodges, and convention halls"
within the City's Zoning Code and to determine whether it is necessary to amend the Zoning
Code to clarify its intended meaning (the "Moratorium ").
Because of the City's recent interest from applicants in using property within the light
industrial zoning district for purposes of "religious assembly," and the lack of uncertainty within
the City's Zoning Code and under federal law related to whether any type of assembly may exist
within the City's light industrial zoning district, the City felt the need to impose the Moratorium
and conduct this study (the "Study ").
-1-
STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
The goals of the Study are as follows:
➢ Determine the City's intended meaning of "assembly" within the Zoning Code;
➢ Determine whether the City intended religious assemblies to exist as conditional uses
within commercial and light industrial zoning districts;
➢ Ensure that any amendments to the City Zoning Code do not conflict with the City's
intent in planning for property use within its commercial and light industrial zoning
districts;
➢ Ensure that, if amended, the Zoning Code is improved in regards to consistency and
clarity with respect to the use of "assemblies';
➢ Ensure that the Zoning Code is consistent with federal law; and
➢ Respect the current applicant's interests in receiving a reasonable and timely decision
regarding the pending application.
The Zoning Code exists in Chapter 152 of the City Code. It contains an "intent and
purpose" and defines and describes nine separate zoning districts in which certain uses may
occur as "permitted uses" or "conditional uses." Each zoning district has a stated purpose as
contemplated by the underlying planning goals of the City. "Churches, synagogues, and
temples" are allowed within certain residential districts. "Assemblies, meeting lodges, and
convention halls" are allowed within commercial and light industrial districts. These distinct
terms have distinct and separate intended meanings. The Zoning Code arguably prohibits places
of worship within non - residential districts because the use of a religious assembly does not fit the
type of assembly use allowed within the Zoning Code.
To increase clarity and consistency on valuable industrial and commercial uses within the
Zoning Code, the City Council should amend the Zoning Code. The City should do so in a
manner that conforms to the original intent of the City's zoning plan. This is possible by taking
one of the approaches suggested within this Study.
This Study describes three potential options for the City in amending its Zoning Code:
Option #I suggests clarifying or defining terms related to "assembly" and "church" use
under the Zoning Code. This option would solve problems concerning clarity and
consistency but may not, by itself, create a sufficient distinction between the two terms.
Option #2 suggests allowing all types of assembly use within light industrial and
commercial zoning districts while simultaneously amending the Zoning Code to clarify
the associated definitions or terms. This option additionally would establish limitations
on assembly use related to the size or scope of the use. This option would help maintain
the economic and development goals associated with the light industrial and commercial
zoning districts but allow for a compromise for religious and secular assemblies
interested in locating within these areas of the City.
• Option #3 suggests allowing all assembly use (i.e., religious and non - religious) within
the commercial zoning district and eliminating all "assembly" use from the light
industrial zoning district. This option would provide a reasonable alternative to
-2-
STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
applicants seeking places for assembly within the City and work to treat assemblies
equally within the specific zoning districts. This option would also fully preserve the
limited land within the light industrial zoning district as an area of the City devoted
specifically to industry- oriented development, job creation, and economic growth, and
thus meet the City's general planning goals.
Overall, Option #3 seems to represent the most appropriate course of action for the
Cam. The complete Study, including the basis for this final recommendation, follows in the
sections below.
2.0 PURPOSEOFSTUDY
The goals of the Study are as follows:
➢ Determine the City's intended meaning of "assembly" within the Zoning Code;
➢ Determine whether the City intended religious assemblies to exist as conditional uses
within commercial and light industrial zoning districts;
➢ Ensure that any amendments to the City Zoning Code do not conflict with the City's
intent in planning for property use within its commercial and light industrial zoning
districts;
➢ Ensure that, if amended, the Zoning Code is improved in regards to consistency and
clarity with respect to the use of "assemblies ";
➢ Ensure that the Zoning Code is consistent with federal law; and
➢ Respect the current applicant's interests in receiving a reasonable and timely decision
regarding the pending application.
3.0 ANALYSIS OF CITY OF SAINTANTHONY VILLAGE ZONING CODE
This section provides general information regarding the Zoning Code, the particular
zoning districts regulated within the Zoning Code, and the reasonable interpretation of Zoning
Code language pertaining to "assemblies, meeting lodges, or convention halls." A map showing
the general zoning districts of the City is included in Section 3.6.
3.1 City of Saint Anthony Village Zoning Code: Intent Purpose and Interpretation
The City's Zoning Code is located in Chapter 152 of the City Code. In interpreting and
applying the Zoning Code to zoning decisions, the City considers the intent and purposes of the
Zoning Code. City Code § 152.004.
The general 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." City Code § 152.002.
-3-
STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
The Zoning Code has nine stated purposes for its establishment:
1) Protect the use districts;
2) Promote orderly development and redevelopment;
3) Provide adequate light, air, and access to property;
4) Prevent congestion in the public streets;
5) Prevent overcrowding of land and undue concentration of structures by regulating
land, buildings, yards, and densities;
6) Provide for compatibility of different land uses;
7) Provide for administration and amendment of the zoning code;
8) Prescribe penalties for violations; and
9) Define the powers and duties of the city staff, the Board of Adjustments and Appeals,
the Planning Commission, and the City Council in relation to the zoning code.
City Code § 152.002.
"If a use is not specifically permitted, permitted by conditional use permit, or prohibited,
the use will be considered prohibited." City Code § 152.006.
3.2 City of Saint Anthony Village Zoning Districts
The City is divided into nine zoning districts (five residential, one commercial, one light
industrial, one PUD, and one recreation/open space). The residential zoning districts together
occupy the majority of the City, and the commercial and light industrial zoning districts occupy a
small percentage of the City.
• Approximately 53.2 percent of the City is devoted to residential use. The five
residential zoning districts by themselves amount to 51.4 percent of the City's
land, and approximately 1/3 of the PUD district is also devoted to residential use,
which increases the total residential land use in the City to 53.2 percent.
Approximately 6.04 percent of the City is devoted to commercial use. The
commercial zoning district itself comprises approximately 2.43 percent of the
City's land, and approximately 2/3 of the PUD district is also devoted to
commercial use, which increases the total commercial land use in the City to 6.04
percent.
• Approximately 4.99 percent of the City is devoted to light industrial use, all of it
exclusively located within the City's light industrial zoning district.
• Section 3.7 provides a table of data showing the acreage and percentage of total
land use for each of the City's zoning districts.
Because the City has little of its space devoted to, and available for, commercial or light
industrial use, it is important that the City properly determines what types of permitted or
conditional uses may exist within these valuable zoning districts.
-4-
STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
The zoning districts allow for permitted uses and conditional uses. A permitted use is
"[a] use expressly authorized by the zoning code for a particular district or districts." City Code
§ 152.008 (Zoning Code definitions section). A conditional use is "[a] use which is not
classified as a permitted use but which may be permitted subject to conditions imposed by the
City Council." Id
Each zoning district has a specifically stated purpose. Besides having different planning
goals and intentions, the zoning districts also differ in their allowance of certain types of
religious or secular "assemblies." The purposes and differences pertaining to allowed uses for
religious assemblies for the zoning districts are listed below:
R -1 Single- Family District
Purpose: "to create and maintain areas which due to the natural amenities of the land,
low traffic volumes, and historical development patterns are best suited for single - family
detached residences." City Code § 152.035.
The R -1 District allows for a permitted conditional use of "Churches, temples, or
synagogues and their supporting homes, convents, or rectories." City Code § 152.037. The
building -to -land ratio for this use may not exceed 35 %. See id. § 152.039(I)(3).
R- ]A Single- Family Lakeshore District
Purpose: "to create and maintain lakeshore areas for single - family detached residences
which, due to the natural amenity of the lake, and the topographic characteristics, call for zoning
regulations which are somewhat different from other single - family districts and which are
designed for the preservation of natural areas." City Code § 152.050.
The R -lA District does not allow for any type of use for places of worship or for any type
of secular assembly use.
R -2 Two - Family District
Purpose: "to provide areas which are best suited for a higher density than single - family
dwellings, and which may serve as a transitional use between R -1 or R -IA Districts and other
districts." City Code § 152.065.
The R -2 District allows for the same permitted conditional uses as those allowed within
the R -1 District. This includes "Churches, temples, or synagogues and their supporting homes,
convents, or rectories." City Code § 152.067 (citing id. § 152.037).
R -3 Townhouse District
Purpose: "to provide areas where the natural amenities such as trees, hills and bodies of
water are preserved by encouraging development of medium density housing surrounded by
-5-
STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
common open space, which may serve as a transitional use between less dense residential
districts and other districts, and which provide for alternatives to 1- and 2- family detached
dwellings." City Code § 152.085.
The R -3 District allows for the permitted conditional uses of "Churches, temples, or
synagogues and their supporting homes, convents, or rectories" by reference to the allowed uses
in the R -1 and R -2 Districts. See City Code § 152.087.
R -4 Multiple - Family District
Purpose: "to provide areas for housing other than 1- and 2- family dwellings and
townhouses, and which may serve as a transitional use between less dense residential uses and
nonresidential uses." City Code § 152.100.
The R -4 District allows for the permitted conditional uses of "Churches, temples, or
synagogues and their supporting homes, convents, or rectories" by reference to the allowed uses
in the R -1, R -2, and R -3 Districts. See City Code § 152.102.
C General Commercial District
Purpose: "to provide areas for retail sales and services located and regulated so as to
minimize adverse effects on neighboring residential districts and congestion of public streets."
City Code § 152.120.
The C District allows for the permitted conditional use of "Assembly, lodge or
convention halls." City Code § 152.122. The C District does not specifically permit places of
worship, churches, or religious assembly of any kind.
LI Light Industrial District
Purpose: "to designate areas for, and regulate the development of, light industry. Areas
are designated as light industrial due to the proximity of high capacity roadways or rail facilities
and existing development, and regulated to enhance the compatibility of light industrial uses and
uses within the commercial and residential districts." City Code § 152.140.
The LI District allows for the permitted conditional use of "Assembly, meeting lodge, or
convention halls." City Code § 152.142. The LI District does not specifically permit places of
worship, churches, or religious assembly of any kind.
RIO Recreational /Open Space District
Purpose: "to regulate development in those areas which have significant natural amenities
such as trees, terrain, and water resources, and to regulate development for recreational purposes
in areas which have significant public or private recreational potential." City Code § 152.155.
-6-
STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
The R/O District does not allow for any type of use for places of worship or for any type
of secular assembly use.
PUD Planned Unit Development District
A PUD is "[a] zoning district and development plan which may include single or mixed
uses, and 1 or more lots or parcels, and which is intended to create a more flexible, creative, and
efficient approach to the use of land." City Code § 152.201. Allowed uses within a PUD
typically may include only uses "generally considered associated with the general land use
category shown for the area on the official Comprehensive Land Use Plan." City Code §
152.203.
The PUD District would allow for certain types of assembly, depending on the land use
category for the area as articulated within the City's Comprehensive Land Use Plan.
Approximately 2/3 of the PUD District is currently zoned for commercial use, while the other
1/3 is zoned for residential use.
3.3 Analysis of Commercial Zoning District
The purpose of the City's commercial zoning district is "to provide areas for retail sales
and services located and regulated so as to minimize adverse effects on neighboring residential
districts and congestion of public streets." City Code § 152.120. The types of uses allowed
within this district are uses associated with business and commerce.
Section 152.121 of the Zoning Code lists over 70 permitted uses which exemplify types
of businesses or establishments engaging in or supporting commerce. Examples include a wide
variety of retail stores (e.g., appliance stores, clothing stores, jewelry stores, toy stores) and retail
service establishments (e.g., attorneys, bakeries, employment agency offices, health professional
offices, postal substations, veterinary clinics).
Section 152.122 of the Zoning Code lists 25 permitted conditional uses, which also are
businesses or establishments engaging in or supporting commerce. Examples include bus
stations, car washes, gasoline stations, motels, bowling alleys, and specific types of laboratories
for medical research and testing that provide services to health care providers.
Overall, the commercial zoning district occupies a small portion of the City. Areas of the
City zoned "commercial" primarily exist along Silver Lake Road in the northern part of the City
and along Kenzie Terrace in the southwest part of the City. Some commercial areas also exist on
the western boundary of the City south of 33rd Avenue Northeast., along 37th Avenue Northeast
adjacent to the Soo Line Railroad tracks, and north of 39th Avenue Northeast.
3.4 Analysis of Light Industrial Zoning District
The purpose of the City's light industrial zoning district is "to designate areas for, and
regulate the development of, light industry. Areas are designated as light industrial due to the
proximity of high capacity roadways or rail facilities and existing development, and regulated to
-7-
STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
enhance the compatibility of light industrial uses and uses within the commercial and residential
districts." City Code § 152.140.
Section 151.141 of the Zoning Code lists nine types of permitted uses, which include
many specific examples of uses devoted to light industry. Examples include manufacturing
industries; warehouses, wholesalers, or distributors of products; and offices devoted specifically
for administrative purposes, non - retail businesses, or certain types of contractors. Other
permitted uses include automotive service and repair and cleaning, laundering, and dry cleaning
facilities.
Section 152.142 of the Zoning Code lists nine types of permitted conditional uses, which
also are uses exemplifying or directly supporting light industry. Examples include drug,
cosmetic, pharmaceutical, and toiletries manufacture; enameling, painting, varnishing,
lacquering, and japanning; freight terminals; and meat packing that does not include animal
slaughtering.
Overall, the light industrial zoning district occupies a small portion of the City. Little
available space for light industrial use exists because of the limited amount of railways and high
capacity roadways. Areas of the City zoned "light industrial" primarily exist within two specific
areas: 1) along or near the Soo Line railroad in the northern part of the City and 2) north of the
Northern Pacific Railway in the southeast part of the City, including areas along U.S. Highway
88 and County Road C.
3.5 Interpretation of Zoning Code Language Pertaining to "Churches" or "Assemblies"
The Zoning Code does not define churches, temples or synagogues, nor does it define
assembly, meeting lodge, or convention halls. The Zoning Code specifically allows for
churches, temples, or synagogues within certain residential zoning districts. The Zoning Code
specifically allows for assemblies, meeting lodges, or convention halls within the commercial
and light industrial zoning districts. This Study finds that a difference exists between the City's
intended meaning of "churches, temples or synagogues" and "assemblies, lodges, or convention
halls."
A reasonable interpretation of "churches, temples or synagogues" is that this term
suggests a place of worship (or "religious" assembly) generally. This language does not exclude
any specific religion; denomination; or religious, spiritual, or philosophical viewpoint. Instead,
this provision is inclusive of diverse types of worship and allows for such uses within the
residential districts of the City.
A reasonable interpretation of "assemblies, meeting lodges, or convention halls" is that
this term suggests a place of secular assembly with a commercial or industrial purpose.
Examples might include certain membership organizations affiliated with business or industry
located within the commercial or light industrial zoning districts of the City. This language does
not exclude any type of secular assembly. However, this provision excludes "religious
assembly" or places of worship because "churches, temples, or synagogues" are specifically
listed as a separate and distinct use.
-8-
STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
A slight difference exists between the "assembly" language within the commercial and
light industrial zoning districts—commercial districts allow for conditional uses of "lodges"
while industrial districts allow for conditional uses of "meeting lodges." These two terms share
the same meaning. There is no evidence that the City intended any difference between the
commercial and light industrial zoning districts in regard to "assemblies" under a plain reading
of the Zoning Code.
Overall, "churches, temples, or synagogues" constitute separate types of uses from
"assemblies, lodges, or convention halls." This is especially apparent when assessing the
specific purposes for each zoning district. In general, places of worship align better with certain
residential districts, while places of secular assembly align better with commercial or industrial
districts. This makes sense in the context of economic development, as industrial districts, for
example, are generally areas in which a city should expect to create opportunities for jobs and
economic growth. Places of secular assembly, such as meeting lodges for certain business or
industrial organizations or union groups, naturally align to the commercial and industrial
districts. Residential districts, on the other hand, are places in which people can engage in
personal or social activities outside of work. Places of worship naturally align with residential
districts.
Because the City has little of its space devoted to or available for commercial or light
industrial use, it is important that the City properly determines what types of assembly, if any,
may exist within these zoning districts. The City has devoted most of its land to residential use,
which besides areas bordering Silver Lake, allows for places of religious assembly. The limited
areas that the City has devoted to commercial and light industrial use, and that are available for
such uses given the City's development patterns and transportation infrastructure access, suggest
that the City should consider closely whether to expand the types of uses within these districts.
The City is interested in promoting economic development and job growth and has devoted two
specific zoning districts to those planning goals. The current fragile state of the economy—
especially in the state of Minnesota —makes it even more crucial for the City Council to make
sound zoning decisions based on what is the best available option for the future of the City as a
whole given the City's fully developed nature.
Therefore, as a general rule, the City Code as it stands should not permit CUPS for places
of worship in commercial or industrial districts but allow them for R -1, R -2, R -3, and R -4
residential districts. Conversely, the City Code should not permit CUPS for places of secular
assembly in all residential districts but allow as conditional uses for such uses within commercial
and industrial districts so long as those uses support the planning goals of the respective zoning
districts.
-9-
STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
3.6 MAP: City of Saint Anthony Village Zoning Districts
-10-
STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
3.7 TABLE: City of Saint Anthony Village Zoning Districts (Acreage and Percentage of
Total Land Use).
City of Saint Anthony Village Zoning Districts
Acreage and Percentage of Total Land Use
Zoning District
Acreage
Percentage
R1— Single Family Residential
503.81
40.91%
R1A — Single Family Residential
32.04
2.60%
R2 — Two Family Residential
15.90
1.29%
R3— Townhomes
25.19
2.05%
R4 — Multiple Dwellings
56.41
4.58%
Total Residential Rl, R1A, R2, R3, R4
632.95
51.40%
Total Residential Above +PUD- Residential
655.19
153.20%
Ll — Light Industrial
61.50
4.99%
C — Commercial
129.90
2.43%
Total Commercial (Above + PUD-Commerciall
174.39
6.04%
PUD — Planned Unit Development
166.73
5.42%
PUD — commercial use a rox
44.49
3.61 %
PUD — residential use a rox )
81 %
R/OS — Recreation/Open Space 1440.05
135.73%
TOTAL 11231.53
100.00%
4.0 BACKGROUND INFORMATION
It is important to understand the current context within which this Study operates. This
Study therefore provides background information regarding two recent applications for the use of
religious assembly within the City's light industrial zoning district, as well as a general
description of the Moratorium and the Resolution that authorized this Study.
4.1 Recent Applications for Religious Assembly Use in Light Industrial Zoning District
Mountain of Fire Miracle Ministry of Minnesota -- Denied CUP Application (Oct. 2011)
On October 25, 2011, the City Council voted 4 to 1 to deny an application for a CUP for
the use of the Northgate Business Center as a place of assembly for members of the Mountain of
Fire Miracles Ministry, a Christian denomination based in Houston, Texas ( "Mountain of Fire ").
-11-
STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
The building was to be used mostly on Sundays and some weeknights at times that would not
impact surrounding properties because they were not generally open for business on those days
and times. The Planning Commission recommended approval of the application, and the pastor
of Mountain of Fire secured agreements with neighbors of Northgate Business Center regarding
potential overflow parking.
At its October 25 meeting, besides raising general questions about parking and the
building sprinklers, the City Council had more significant concerns about the potential growth of
the religious group and its impact on the light industrial zoning district. Specifically, council
members stated that they did not believe "a light industrial area is a good place for a church" and
that "a residential area would be more appropriate." The underlying concern was based on the
state of the economy. Members of the City Council felt that the light industrial zoning district
was a district intended to attract jobs and economic growth. Although the space sought by
Mountain of Fire was currently vacant, the City Council felt that if the economy improved, an
actual light industrial business may desire to occupy the location. Mayor Jerome Faust, in
particular, stated that this use would not be a compatible use for future planning.
The discussion ended with a denial of the CUP application on a vote of 4 to 1. Only one
council member believed that Mountain of Fire's proposed use constituted an "assembly" under
the Zoning Code. The other four believed that Mountain of Fire's proposed use did not fit the
economic development and general planning goals of the City.
Abu - Huraira Islamic Center -- Pending CUP Application (Feb. 2012)
On February 14, 2012, Muxamedrashid Ali submitted an application for a CUP to the
City seeking a permitted conditional use of an "assembly" under sections 152.142(G) and
152.243 of the City Code (the "Application "). The Application describes the transformation of
part of the Saint Anthony Business Center (the "Business Center") into the Abu - Huraira Islamic
Center (the "Islamic Center ").
The Business Center is located at 3055 Old Highway 8, St. Anthony, MN 55418 -2500.
The Business Center is located within a light industrial zoning district in- between Old Highway
8 and U.S. Highway 88.' The Business Center consists of a three -story office building and a
south building with a basement. The Business Center comprises approximately 103,460 square
feet of space. A parking lot with 92 parking spaces is adjacent to the south building of the
Business Center, with another 237 parking spaces located adjacent to the three- storied building,
for a total of 329 parking spaces. The Business Center was formerly occupied by Medtronic
'The map depicting the "Pattern of Existing Land Use" for 2006 in Figure 2 -1 (page 2 -3) of the City's 2008
Comprehensive Plan incorrectly lists the lot on which the Business Center is located as "commercial retail" use.
However, the use that existed at the time of the 2006 survey was an office building and not a business "providing
retail trade or services for individuals or businesses." Page 2 -16 of the Comprehensive Plan denotes that "office
buildings" correspond to the light industrial zoning district. The zoning map included with the Comprehensive Plan
correctly depicts the Business Center as existing within the light industrial zoning district. Bill Weber, consultant
for the 2008 Comprehensive Plan, confirmed with the City that the land use map on page 2 -3 is incorrect and the use
should have been marked "light industrial." The Business Center's current use continues to be for an office
building. The City should ensure that all uses are depicted accurately at the next update of the Comprehensive Plan
and might consider revising the current version to include the correct information prior to the next update.
-12-
STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
Inc., a large medical technology company with headquarters in the Twin Cities. The Business
Center is now rented to a number of tenants from a variety of industries as office space.
The Islamic Center has advised the City that it has a purchase agreement for the Business
Center and desires to occupy the lower level of the Business Center's south building. The
remainder of the Business Center is proposed to continue to run as "office tenant space" and
otherwise not change its character or occupancy use. Certain tenants in the Business Center have
leases that do not expire until 2015. The Islamic Center would not displace the Business
Center's current tenants, and the applicant, through his attorney, has stated that the only portion
of the building that will be tax - exempt will be the area covered by the CUP for the "assembly"
use. The applicant does not intend to expand the Business Center or otherwise make
improvements besides minor improvements to improve access for persons with disabilities and to
ensure that the sprinkler system is legally compliant.
The Islamic Center will be used for religious, cultural, and educational purposes. The
Islamic Center will be a place of worship, with certain religious ceremonies, such as prayer
hours, conducted every day. Special worship ceremonies will occur during Ramadan. The
Islamic Center will also be used for other types of cultural, educational, and religious activities.
4.2 Resolution Adopting Stud
On March 13, 2012, the City Council adopted a resolution authorizing a study regarding
regulation of assemblies, meeting lodges, and convention halls within commercial and light
industrial zoning districts (the "Resolution"). The Study is to be undertaken by the City staff in
conjunction with the Planning Commission for the purpose of considering amendments to the
Zoning Code regarding the regulation of assemblies, meeting lodges, and convention halls.
4.3 Interim Ordinance (Moratorium)
On March 13, 2012, the City Council approved an interim ordinance imposing a
moratorium on the issuance of CUPS for assemblies, meeting lodges, or convention halls within
commercial and light industrial zoning districts (the "Moratorium'). The Moratorium would
generally be effective for one year, but the City Council is scheduled to act on this particular
Moratorium by June 12, 2012 to coincide with the timeline for the City to make its land use
decision under Minnesota Statutes section 15.99.
5.0 LEGAL FRAMEWORK
As with all actions taken by the City, the City should consider the legal authority and
framework for the enactment of its ordinances. The City has been granted land use planning
authority by the Minnesota Legislature for a number of purposes, including "to promote the
"public health, safety, and general welfare." Minn. Stat. § 462.351. Minnesota Statutes section
462.351 acknowledges the necessity of wise planning decisions: "Municipal planning will assist
in developing lands more wisely to serve citizens more effectively, will make the provision of
public services less costly, and will achieve a more secure tax base." Section 473.851 likewise
-13-
STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
articulates that "there is a need for the adoption of coordinated plans, programs and controls by
all local governmental units in order to protect the health, safety and welfare of the residents of
the metropolitan area and to ensure coordinated, orderly, and economic development."
In addition to considering its statutory charges from the Minnesota Legislature, the City
must be cognizant of the federal Religious Land Use and Institutionalized Persons Act
( "RLUIPA ") before deciding how to amend its Zoning Code. See 42 U.S.C. § 2000cc. Under
RLUIPA, religious institutions must be treated as well as comparable secular institutions. The
"Equal Terms" provision of RLUIPA states that a municipality may not treat "a religious
assembly or institution on less than equal terms with a nonreligious assembly or institution." 42
U.S.C. § 2000cc(b)(1). RLUIPA is relatively unclear as to how "assembly" should be defined,
and it is even more uncertain within the state of Minnesota. In addition to the City's review of
its ordinance in relation to appropriate use of its limited industrial and commercial areas, the lack
of clarity in the ordinance was one reason for undertaking this Study.
Therefore, if the City Council chooses to amend its Zoning Code, besides ensuring that
the Zoning Code clearly reflects the intent of the City's zoning plan and best interests of the City
as a whole, the City Council should consider whether the amended code is sufficiently clear for
purposes of RLUIPA. Section 6.0 of this Study proposes three possible options for the City in
accomplishing both of these goals.
6.0 POSSIBLE OPTIONS FOR THE CITY
This section lists three possible options for the City to resolve issues surrounding the
issuance of CUPS for "assemblies, meeting lodges, or convention halls" within the City's light
industrial and commercial zoning districts. Option #3 would be most appropriate in
accomplishing the City's goals as stated within Section 2.0 of this Study. However, a
combination of these options might also work in maintaining the economic development goals of
the City and establishing clarity for purposes of RLUIPA.
6.1 OPTION #1: Change Terms or Clarify Definitions
Option #1 suggests clarifying or defining terms related to
"assembly" and "church" use under the Zoning
Code. This option would solve problems concerning
clarity and consistency but may not, by itself, create
a sufficient distinction between the two terms.
One option the City could pursue is to specifically define the terms "churches, temples, or
synagogues" and "assembly, meeting lodges, or convention halls." A number of other
Minnesota communities may offer some guidance within their own definitions of such terms.
-14-
STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
Definition of "Church " in Other Minnesota Communities
Several Minnesota communities define the term "church" within their zoning ordinances.
A number of communities limit themselves to the word "church" versus religious institution.
The following definitions of church are representative of what other communities are using:
a. Church/Religious Institution/Place of Worship: A tax - exempt building, together
with its accessory buildings and uses commonly associated with religious
institutions, where persons regularly assemble and use principally for religious
worship and which building, together with its accessory buildings and common
religious uses, is maintained and controlled by a religious body organized to
sustain public worship. (St. Charles)
b. Religious Institution: A building or campus in which worship, ceremonies, rituals
and education pertaining to a particular system of beliefs are held. Convents,
rectories, and the like, may be considered as part of a religious institution campus
if located on the same parcel. (Brooklyn Park)
c. Church: A building, together with its accessory buildings and uses, where
persons regularly assemble for religious worship and which building, together
with its accessory buildings and uses, is maintained and controlled by a religious
body organized to sustain public worship. (Lake Elmo)
d. Church or Synagogue: Includes the following: church, synagogue, rectory, parish
house or similar building incidental to the particular use which is maintained and
operated by an organized group of people for religious purposes. (Midway)
e. Church: A building or use of land in which persons regularly assemble for
religious worship and which shall be maintained and controlled by a religious
body organized to promote religious worship. (Greenfield)
f. Church: A building or edifice consecrated to religious worship, where people join
together in some form of public worship under the aegis and direction of a person
who is authorized under the laws of the State of Minnesota to solemnize
marriages. Camp meeting grounds, mikvahs, coffee houses, recreational
complexes, retreat houses, sleeping quarters for persons during spiritual retreats
extending for periods of more than one day, Bible camps with live -in quarters,
ritual slaughter houses, radio or television towers and transmission facilities,
theological seminaries, day care centers, hospitals and drug treatment centers are
not churches. A church as defined above may include living quarters for persons
employed on the premises of the church. (Lonsdale)
-15-
STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
g. Church: A building, together with its accessory buildings and use; where persons
regularly assemble for religious purposes and which building, together with its
accessory buildings and uses, is maintained and controlled by a religious body
organized to sustain religious ceremonies and purposes. (Wayzata)
h. Church or religious institution means a building, together with its accessory
buildings and uses, where persons regularly assemble for religious worship and
which building, together with its accessory buildings and uses, is maintained and
controlled by a religious body organized to sustain public worship, including, but
not limited to, churches, chapels, temples and synagogues. (Maple Grove)
i. Church - A building, together with its accessory buildings and uses, where
persons regularly assemble for religious worship and which building, together
with its accessory buildings and uses, is maintained and controlled by a religious
body organized to sustain public worship. (Medina)
j. Church or place of religious worship: an institution that people regularly attend to
participate in or hold religious services, meetings and other activities. The term
"church" shall not carry secular connotation and shall include buildings in which
religious services of any denomination are held. (Hopkins)
k. Church means a building, together with its accessory buildings and uses, where
people regularly assemble for religious worship and which building, for a
religious body is organized to sustain public worship that maintains and controls
the building, together with its accessory buildings and uses. (Woodbury)
1. Church means a building or edifice consecrated to religious worship, where
people join together in some form of public worship under the aegis and direction
of a person who is authorized under the laws of the State of Minnesota to
solemnize marriages. A church may include living quarters for persons employed
on the premises and classroom facilities. The following are not considered as
churches: camp meeting grounds, mikvahs, coffee houses, recreational
complexes, retreat homes, sleeping quarters for retreatants during spiritual retreats
extending for periods of more than one day. Bible camps with live -in quarters,
publishing establishments, ritual slaughterhouses, radio or television towers and
transmission facilities, theological seminaries, day care centers, hospitals, and
drug treatment centers are not churches. (Chanhassen)
Definition of `Assembly" in Other Minnesota Communities
No other Minnesota city ordinances were identified that define the word "assembly," as
used in the City of Saint Anthony Village's Zoning Code. Most ordinances define assemblies for
large gatherings of people held for entertainment and other special events and activities. A
number of ordinances define "clubs." Based on the associated uses with assembly as listed in the
Zoning Code (i.e., lodge or convention hall), and as discussed previously, it is likely that the
-16-
STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
City's intent for the term "assembly" was akin to a union hall or club use. The following
definitions of "club" are representative of how other communities use this term:
a. Club or Lodge, Private: An association of persons who are bona fide members
paying annual dues, which owns, hires or leases the building, property or a
portion thereof, the use of the premises being restricted to members and their
guests. It shall be permissible to serve food and meals on the premises, provided
adequate facilities are available. (Lonsdale)
b. Club: A non - profit association of persons who are bona fide members, paying
regular dues, and are organized for some common purpose, but not including a
group organized solely or primarily to render a service customarily carried on as a
commercial enterprise. (Austin)
c. Club or Lodge: A non - profit association of persons who are bona fide members
paying annual dues, use of premises and/or buildings being restricted to members
and their guests. (New London)
d. Club: Any corporation duly organized under the laws of Minnesota for civic,
fraternal, social or business purposes, or for intellectual improvement or for the
promotion of sports or a congressionally chartered veterans' organization if it
meets all of the following conditions:
• It shall have more than 50 members
• For more than a year, it shall have owned, hired or leased a building or
space in a building of the extent and character as may be suitable and
adequate for the reasonable and comfortable accommodation of its
members.
• Its affairs and management shall be conducted by a board of directors,
executive committee, or other similar body chosen by the members at a
meeting held for that purpose.
• None of its members, officers, agents, or employees shall be paid directly
or indirectly any compensation by way of profit from the distribution of
sale of beverages to the members of the club, or to its guests, beyond the
amount of the reasonable salary or wages as may be fixed and voted each
year by the governing body of the club. (Lake Elmo)
e. Club: A nonprofit association of persons who are bona fide members paying
annual dues, with the use of premises being restricted to members and their guest
for receptions, social recreation and other gatherings. (Cannon Falls)
-17-
STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
f. Club or Lodge: A non - profit association of persons who are bona fide members
paying annual dues, use of premises being restricted to members and their guests.
It shall be permissible to serve food and meals on the premises, provided adequate
dining room space and kitchen facilities are available. Serving of alcoholic
beverages to members and their guests shall be allowed, provided this serving is
secondary and incidental to the operation of the dining room for the purpose of
serving food and meals, and provided further that the serving of alcoholic
beverages is in compliance with the applicable federal, state and municipal laws.
(Milaca)
g. Club or Lodge: A public or private building in which the members of 1 or more
public or private organizations regularly assemble. (Greenfield)
h. Club or Lodge: A non - profit association of persons who are bona fide members
paying annual dues, with the use of the premises being restricted to members and
their guests. (Wayzata)
i. Club and lodge mean a nonprofit association of persons who are bona fide
members paying annual dues, use of the premises being restricted to members and
their guests. (Maple Grove)
j. Club or lodge. An establishment in which a limited group of people are organized
to pursue common social or fraternal goals, interests or activities, and usually
characterized by certain membership restrictions, payment of fees or dues, regular
meetings and a constitution or bylaws. (Minneapolis)
k. Club and Lodge - A public or private building in which the members of one or
more public or private organizations regularly assemble. (Medina)
1. Club: A non - profit association of persons who are bona fide members paying
annual dues, which owns, hires or leases the building or portion thereof, the use of
such premises, being restricted to members and their guests. (Hopkins)
m. Club or lodge means a nonprofit association of persons who are bona fide
members paying annual dues, use of premises being restricted to members and
their guests. It shall be permissible to serve food and meals on such premises
providing adequate dining room for the purpose of serving food and meals and
providing further that such servicing of alcoholic beverages is in compliance with
the applicable federal, state and municipal laws. (Woodbury)
Benefits of Clarifying the Definitions
■ Adding definitions for "church" (the phrase religious institution or place of worship
may be more appropriate) and "assembly" (the phrase membership institution may be
-18-
STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
more appropriate) would allow the City to distinguish between religious uses and
other group meetings and clubs. Religious activities would be limited to the
residential districts, and group meetings and clubs would be directed towards business
and industrial uses.
Clarifying the definitions still allows each of the activities identified in the Zoning
Code to continue to be conditional uses. The city is not excluding a particular use
from the community as a whole.
■ Clarifying the definitions supports the City's intended purposes for the zoning
districts that correspond to each use: the promotion of economic development in
commercial and industrial districts, and the promotion of personal, family, and social
interests within residential districts.
Cautions Associated with Clarifying the Definitions
The Zoning Code must be amended in several places, and the City Council must
make a decision as to whether to define the terms within the definitions section listed
under section 152.008 of the Zoning Code or at the specific section where the tern
appears within the Zoning Code.
The City Council must carefully evaluate and select the definitions it wants to
incorporate. Some combination of the definitions and guidance provided above is
likely.
CONCLUSION: Option #1
Option #I would help establish more consistency and certainty under the City Zoning
Code. It would also serve to clarify the City's intended purposes within each of its zoning
districts and generally provide for a stronger City plan. Clarifying terms or choosing new terms
is a good option and perhaps necessary, but this option alone is insufficient to accomplish the
overall goals of the City as discussed in Section 2.0.
-19-
STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
6.2 OPTION #2: Allow for All Religious and Non - Religious Assemblies in Light
Industrial and Commercial Zoning Districts but Limit the Size or Scope of the Use
Option #2 suggests allowing all types of assembly use
within light industrial and commercial zoning
districts while simultaneously amending the Zoning
Code to clarify the associated definitions or terms.
This option additionally would establish limitations
on assembly use related to the size or scope of the
use. This option would help maintain the economic
and development goals associated with the light
industrial and commercial zoning districts but allow
for a compromise for religious and secular
assemblies interested in locating within these areas
of the City.
Option #2 is to allow for all types of "assembly" in the City's light industrial and
commercial zoning districts but to limit the size or the scope of the use. This would likely
require amending the Zoning Code to determine an appropriate definition or term for "assembly"
as discussed under Option #l. Two possibilities are to include a definition of "place of worship"
within a general term (e.g., membership institution) or merely group chosen religious and non-
religious terms together (e.g., places of worship, meeting lodges, or convention halls). The City
should strive for clarity and consistency on top of merely allowing places of worship to obtain
uses within its non - residential zoning districts.
Limiting the size or scope of the use of "assemblies" within the non - residential districts
would accommodate religious and non - religious assembly uses by offering them more
opportunities for spaces to occupy within the City. Limiting the size or scope would also support
the City's efforts at ensuring that its commercial and light industrial districts continue to foster
opportunities for economic growth for the City. Of course, allowing assemblies to exist within
either the light industrial or commercial zoning districts may be counterproductive to the City's
economic development and planning goals (see Section 6.3). Overall, however, Option #2
works to establish a potential compromise among all stakeholders.
One particular challenge in carrying out Option #2 with respect to considering the
planning goals of the City and the use of assemblies is determining the specific limitation. It is
possible for the City Council to reasonably conclude that an appropriate size limitation would
balance competing interests. If the City Council chooses to impose such a limitation, the City
Council should develop an appropriate rationale for what the particular limitation would be. For
-20-
STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
example, the City Council might consider the City's primary economic and development
interests within its particular zoning districts and establish a size limitation for allowed
assemblies within a particular zoning district that aligns to those interests.
Benefits of Allowing All Assemblies in Non - Residential Districts But Limiting the Size of
the Use
■ This option ensures that the commercial zoning and industrial zoning districts remain
focused on job growth and economic development pertaining to business and
industry.
■ This option represents a compromise between stakeholders, maintaining the City's
economic interests to a certain degree while respecting the cultural and community
needs of the public.
■ This option helps establish clarity of terms and treats assemblies equally within all
zoning districts of the City.
Cautions Associated with Allowing All Assemblies in Non - Residential Districts But
Limiting The Size of the Use
• This option may create situations where certain current uses of assembly within
commercial or light industrial zoning districts no longer comply with the Zoning
Code and become valid nonconforming uses (see Section 7.0).
• This option may limit the types of assemblies that may exist within the City overall
(e.g., if no residential space is available for a larger church, then a larger church may
not be able to locate at all within the City). The City therefore must ensure it has a
strong, consistent rationale for carrying out this option.
■ This option will also require amending the Zoning Code with respect to the terms and
definitions of "assembly" and/or "place of worship."
• It will be important that the City Council limit the size or scope of the use in a way
that is not arbitrary. Its chosen limitation must align to its particular planning
interests.
■ This option does not fully carry out the City's intent for establishing a light industrial
zoning district devoted exclusively to industry or a commercial zoning district
devoted exclusively to commerce, and consequently may hinder the City from
accomplishing its overall planning goals related to economic development and
growth.
-21-
STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
CONCLUSION: Option #2
Option #2 is a form of compromise and blends all findings to consider the interests of all
potential stakeholders. A limitation in size might be reasonable as long as the City Council
develops an appropriate rationale for what that limitation should be. However, the option does
not fully carry out the City's intended economic goals related to its commercial and light
industrial zoning districts and therefore may hinder the City's general planning objectives and
opportunities for economic growth and prosperity.
6.3 OPTION #3: Allow All "Assembly" Use Within Commercial Zonin¢ District;
Eliminate All "Assembly" Use (i.e., Religious and Non - Religious) from Light
Industrial Zoning District
Option #3 suggests allowing all assembly use (i.e.,
religious and non - religious) within the commercial
zoning district and eliminating all "assembly" use
from the light industrial zoning district. This option
would provide a reasonable alternative to
applicants seeking places for assembly within the
City and work to treat assemblies equally within
the specific zoning districts. This option would also
fully preserve the light industrial zoning district as
an area of the City devoted specifically to industry -
oriented development and economic growth, and
thus meet the City's general planning goals.
Option #3 is to allow all types of assembly— religious and non - religious within the
commercial zoning district and eliminate all types of assembly from the light industrial zoning
district. As this option would exclude all assemblies from the light industrial zoning district, this
would also exclude places of worship. However, the commercial zoning district would now
allow for all types of assembly, including places of worship. This option would practically be
accomplished by eliminating the section pertaining to "assembly, meeting lodges, or convention
halls" under the light industrial zoning section of the Zoning Code and clarifying or defining the
terms that currently exist within the commercial zoning section.
Allowing all "assembly" use (religious and non - religious) within the commercial zoning
district may not align with the business - oriented objectives of the City's commercial zoning
district. However, an "assembly" more likely coincides with a commercial zoning district than
with a light industrial district. The City's commercial zoning districts already allow for secular
-22-
STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
assemblies by including "assembly, lodge, or convention halls" as a use. Because of the
changing nature of places of worship in the contemporary era, a religious assembly would not be
out of place in a commercial zoning district. Moreover, although a religious assembly may not
fully align with the City's intent, allowing such uses within the commercial zoning district
establishes a compromise by creating opportunities for religious assemblies to locate themselves
in certain areas of the City in which were previously not available under the Zoning Code.
Additionally, the commercial zoning district contains retail establishments which can serve
amenities for assembly uses, and the presence of assemblies within the commercial zoning
district would likely increase the customer base for some of these businesses, thus serving a
function aligned with business and commerce.
Eliminating all "assembly" use (religious and non - religious) from the light industrial
zoning district closely aligns with the City's economic and planning goals. The light industrial
district has a primary purpose of developing economic and job growth through industry use. The
City has a very limited supply of land conducive to light industrial use near rail facilities and
high capacity roadways. It is this limited supply with which the City must work to create a light
industrial economic development area. The limited supply also reinforces the City's intent to
exclude non - industrial uses from this district. Although a secular assembly, such as an industrial
union hall, might support industry, the presence of assemblies (religious and non - religious) in
general is counterproductive to the City's economic development goals and to prudent
stewardship of a scarce resource, when other areas of the City may be used for that purpose. The
City has limited space to establish industrial uses, and considering the current state of the
economy, it is important that the City Council reserve its space for industry to protect the future
economic growth of the City.
Overall, to coincide with eliminating the use of assemblies within the light industrial
zoning district, and as a means of providing a reasonable alternative to places of worship and
secular assemblies, the City might choose to allow the conditional use of all types of assembly,
including places of worship, within the commercial zoning district. This would create
opportunities for certain groups to find space in a non - residential zoning district while also
maintaining the economic development and planning principles that underlie the presence of
industry in the City. This would require the elimination of the "assembly, meeting lodge, or
convention halls" language currently existing within section 152.142(G) (pertaining to the
industrial zoning district) and an amendment to the section pertaining to "assembly, meeting
lodges, or convention halls" to include places of worship within the commercial zoning district.
Benefits of Allowing "Assembly" in Commercial and Eliminating "Assembly" in Light
Industrial
■ This option ensures that the industrial zoning district remains exclusively focused on
economic development and job growth pertaining to industry.
■ This option best aligns assembly use within the Zoning Code to the zoning districts in
which they most properly belong.
-23-
STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
• This option offers a reasonable alternative to applicants seeking space for places of
worship as it creates opportunities in the commercial zoning district for such religious
assemblies.
• This option treats places of assembly equally throughout the Zoning Code and
establishes clarity.
Cautions Associated with Allowing "Assembly" in Commercial and Eliminating
"Assembly" in Light Industrial
• This option may create situations where certain current uses of assembly within light
industrial zoning districts no longer comply with the Zoning Code and would,
therefore, become valid nonconforming uses (see Section 7.0).
• This option excludes assemblies (religious and non - religious) from potentially
desirable space within the light industrial zoning district.
This option may hinder the City's intent at fully implementing business - oriented
goals of its commercial zoning district.
CONCLUSION: Option #3
Option 43 allows the City to continue its economic development goals within its
light industrial zoning district while offering a reasonable alternative for all types of assemblies
(religious and non - religious) to find space within the commercial zoning district. Option #3 may
not fully implement the City's intended business- oriented goals of the commercial zoning
district, but the presence of assemblies in the commercial zoning district does not seem to
counteract City planning and economic development goals as much as allowing assembly use
within the light industrial zoning district would do.
Option #3 is recommended as the appropriate course of action for the Citv.
7.0 NONCONFORMING USES
If the City chooses to amend its Zoning Code, certain uses that currently exist within a
zoning district that were previously compliant under the law may no longer comply with the
Zoning Code as amended. There is a question as to what happens to these uses practically and
legally. Overall, these uses will continue to exist under the law of nonconforming use as
indicated by Minnesota State Law and the City Zoning Code itself.
7.1 Minnesota State Law: Nonconforming Uses
Minnesota Statutes section 462.357 discusses nonconforming uses in the context of
municipal law: "Except as otherwise provided by law, any nonconformity, including the lawful
use or occupation of land or premises existing at the time of the adoption of an additional control
under this chapter, may be continued, including through repair, replacement, restoration,
-24-
STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
maintenance, or improvement, but not including expansion, unless [certain conditions apply]."
Other than this language, there is no specific definition of nonconformity under this chapter.
7.2 Saint Anthony Zoning Code: Nonconforming Uses
The City Zoning Code permits nonconforming uses to continue until they are removed.
See City Code § 152.225. The Zoning Code specifically states that it does not encourage the
survival, enlargement, expansion, or extension of nonconforming uses. See id. "Nonconforming
use" is defined within section 152.003 as "Any building, structure, or use lawfully existing on 8-
2 -1976 and continuing to lawfully exist to the date of adoption of this zoning code."
7.3 Nonconforming Use Analysis
Because both Minnesota state law and the City Zoning Code allow for continuing legal
nonconforming use of property, any lawful use that currently exists that will be non - compliant
under an amended version of the Zoning Code may continue to exist (with certain conditions and
restrictions as stated above and within the applicable laws) as a nonconforming use.
8.0 CONCLUSION
The current language within the Zoning Code does not clearly establish what types of
assembly may exist within the commercial and light industrial zoning districts. However, the
City has specific intents and purposes for all of its zoning districts, and assembly use should
support these goals. Specifically, the light industrial zoning district is a district that is
exclusively focused on promoting economic growth and development for industry. The
commercial zoning district has similar economic goals for business and commerce. Overall, the
City intends to provide zoning districts in a manner that results in efficient land use, allowing for
the cultural and community needs of the public within the residential zoning districts while
encouraging the economic growth of jobs, business, and industry within the non - residential
zoning districts. These objectives can be enhanced by adding further clarity regarding places of
assembly.
This Study recommends that the City Council amend the Zoning Code in a manner that
balances the City's economic development and job growth interests with the interests of groups
in establishing places of secular and religious assembly. This will be done most effectively by:
1) Allowing all types of assemblies — religious and non - religious —to exist within the
commercial zoning district;
2) Excluding all types of assemblies — religious and non - religious —from the light industrial
zoning district; and
3) Clarifying the definition of "assembly" to include both religious and non- religious
assemblies.
-25-
STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
THIS PAGE LEFT INTENTIONALLY BLANK
EXHIBIT B:
CITY OF ST. ANTHONY VILLAGE
RESOLUTION NO.
RESOLUTION ACCEPTING FINDINGS FROM A STUDY FOR THE PURPOSE
OF CONSIDERING AMENDMENTS TO THE CITY ZONING CODE
REGARDING THE REGULATION OF ASSEMBLIES, MEETING LODGES
AND CONVENTION HALLS AND DIRECTING STAFF TO PURSUE OPTION
THREE OUTLINED IN SAID STUDY
WHEREAS, the City of St. Anthony Village has received requests for
Conditional Use Permits ( "CUPs ") for religious assembly uses in the light industrial (LI)
zoning district; and
WHEREAS, the City of St. Anthony Village's Zoning Code currently does not
define `assembly'; and
WHEREAS, the City of St. Anthony Village's Zoning Code has defined different
intentions for the various land use districts within the city; and
WHEREAS, the City Council adopted a resolution authorizing a study regarding
regulation of assemblies, meeting lodges and convention halls within commercial and
light industrial zoning districts on March 13, 2012 to examine the intent of the language
in the Zoning Code; and
WHEREAS, the City Council approved an interim ordinance imposing a
moratorium on the issuance of CUPs for assemblies, meeting lodges, or convention halls
within commercial and light industrial zoning districts in order to complete a study
regarding the regulation of assemblies, meeting lodges and convention halls within
commercial and light industrial zoning districts; and
WHEREAS, the study regarding the regulation of assemblies, meeting lodges
and convention halls within commercial and light industrial zoning districts has been
completed and has been made available to the public and the City's Planning
Commission; and
WHEREAS, the study regarding the regulation of assemblies, meeting lodges
and convention halls within commercial and light industrial zoning districts identified a
number of findings that clarified the differences between the language in the existing
Zoning Code and the intent of the language in the existing Zoning Code; and
WHEREAS, the study regarding the regulation of assemblies, meeting lodges
and convention halls within commercial and light industrial zoning districts
recommended pursuing Option 3 — allowing all assembly use within the commercial
zoning district and eliminating all assembly use from the light industrial zoning district
and clarifying the definition of assembly to include both religious and non - religious
assemblies; and
WHEREAS, the study regarding the regulation of assemblies, meeting lodges
and convention halls was reviewed and considered by the Planning Commission at a
special session on June 4, 2012.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
St. Anthony Village accepts the findings and recommendations documented in a study for
the purpose of considering amendments to the City Zoning Code regarding the regulation
of assemblies, meeting lodges, and convention halls.
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council
directs staff to prepare amendments to the Zoning Code as outlined in Option 3; to
specifically:
1. Clarify the definition of `assembly' to include both religious and non - religious
assemblies.
2. Exclude all types of assemblies — religious and non - religious — from the light
industrial zoning district.
3. Allow all types of assemblies — religious and non - religious- to exist within the
commercial zoning district.
APPROVED in the regular session of the City Council on June 12, 2012.
Jerome O. Faust, Mayor
Attested:
Barbara Suciu, City Clerk
A
WSB
�.
&
Associates, Inc.
Infrastructure . Engineering ■ Planning ■ Construction
CITY OF ST. ANTHONY VILLAGE MEMORANDUM
To: St. Anthony Village Planning Commission
From: Jacqueline Corkle, PTP, AICP Interim City Planner
Date: May 29, 2012
Planning Commission Special Session for June 4, 2012
City Council Regular Meeting for June 12, 2012
WSB Project No. 01626 -630
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763 -541 -4800
Fax: 763 -541 -1700
Request: Request for a Conditional Use Permit (CUP) to allow a religious
assembly at 3055 Old Highway 8
RECOMMENDATION
As the Planning Commission is aware, the St. Anthony Village City Council directed staff to prepare a
study regarding the regulation of assemblies, meeting lodges and convention halls as conditional uses in
the Light Industrial and Commercial Districts. The study has been presented to you for your review and
to provide you with an understanding of the issues surrounding the use of assemblies in different portions
of the city. The City Council is scheduled on June 12 to review the study and determine whether
applications for assembly uses will be allowed. In the meantime, you have held the required public
hearing required for a conditional use permit for the subject property and, due to the action deadline
referenced below, staff recommends that you take action June 4 on a recommendation to the Council.
Based on the information provided as part of the application submitted by the applicant, staff recommends
approval of a conditional use permit for an assembly at 3055 Old Highway 8, subject to the conditions in
the attached Exhibit C.
GENERAL INFORMATION
Applicant: Muxamedrashid Ali with Michael Medina acting as his representative
Owner: St. Anthony Business Center Corporation
Location: 3055 Old Highway 8
Existing Land Use / Industrial /Commercial; zoned LI; Light Industrial District
Zoning:
Surrounding Land North: High Density Residential; zoned R4; Multiple Family
Use / Zoning: East: Commercial/Industrial; zoned LI; Light Industrial
South: Vacant; zoned NA; Public Right of Way
West: Low Density Residential; zoned Rl; Single - Family
Deadline for Agency Application Date: 02 -14 -12
Action: 60 Days: 04 -13 -12
Extension Letter Mailed: 04 -03 -12
120 Days: 06 -12 -12
May 29, 2012
Page 2
CONSIDERATIONS RELATING TO THE PROPOSED CONDITIONAL USE PERMIT
1. Background. Muxamedrashid Ali on behalf of the Abu - Huraira Islamic Center is requesting a
conditional use permit to allow an `assembly' at 3055 Old Highway 8. The Applicant's
representative (Michael Medina) has stated that the `assembly' would occupy the lower level of the
south building. There is also a space on the main floor of the building that will act as the `receiving
room' for the center. The Islamic Center would host a daily prayer hour and special prayer and
potluck dining events during Ramadan.
According to information provided by the Applicant, the lower level of the south building comprises
approximately 13,280 square feet, with approximately 1,625 square feet leased to a tenant. This
leaves approximately 11,655 square feet for assembly use in the lower level. The space identified for
assembly is 12,940 square feet (11,655 in lower level and 1,286 on the main level). The entire
building is approximately 103,460 square feet. The rest of the building (the three story office tower
and the first level of the south building) less the receiving room would remain as office /tenant space.
The underlying zoning district is LI — Light Industrial which does not include assemblies as a
permitted use. However, as noted in Title XV, Chapter 152, Section 152.142, (G) Assembly, meeting
lodge or convention halls are considered a `permitted conditional use'. The Zoning Code does not
define assembly, meeting lodge or convention hall. However, an interpretation of the term
`assembly' would allow for religious uses.
2. Overview.
Location
The assembly is proposed to be located in the basement of an existing building. No exterior
expansions or modifications to the building are proposed with the application. The interior will be
modified to meet current building codes. The proposed assembly is located in the basement of the
southern building. The main floor of the southern building would remain as office /tenant space. The
entire north building would remain as office /tenant space.
Hours of Operation
The proposed hours of operation for the `assembly' area include the following:
• Daily prayer from 1:00 to 2:00 PM
• Evening worship and food sharing during Ramadan
Staffing
The Abu - Huraira Islamic Center will be staffed by four people.
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.
At the May 15, 2012 Planning Commission Meeting, staff presented information about the amount of
parking needed for the conditional use for the prayer areas since that had more restrictive parking
requirements (as sited above) than the general parking requirements for light industrial uses. As
indicated by the applicant, the prayer areas (men's and women's) combined can accommodate a total
of 261 persons. Taking 261 and dividing it by 2.5 results in a demand of 105 parking spaces. Adding
staff (four persons) parking requirements brings the total number of spaces needed for the conditional
use to 109 spaces.
May 29, 2012
Page 3
At the meeting, the Planning Commission asked staff to investigate how many additional parking
spaces would be needed if the lounges were included in the total since they would be a part of the
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 assembly area, 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 `assembly'
(12,940 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 for every 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 on today's
staffing and enrollment, 12 spaces are needed.
With the additional parking for the 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).
Since the May 15, 2012 Planning Commission Meeting additional information on the parking at the
site has become available. Initially, staff understood that there were 92 parking stalls on the site with
the building and another 237 stalls on the site that is just parking. This information was verified by
counting the number of stalls on the site. Since then, the city has received the legal description of the
two sites. Based on the legal description, there are parking stalls on the site that are outside of the
area legally described as part of the sites. Since these stalls are outside of the areas legally described
as part of the property, the stalls cannot be counted as meeting the parking requirements for the site.
When counting the number of stalls available within the property, the numbers break down as
follows:
1. Site with the building:
a. South end of the building: 18 stalls (10 in west row, 8 in east row)
b. West side of the building: 7 stalls
c. East side of the building: 3 stalls (as proposed by applicant)
d. North side of the building: 56 stalls
Total parking on parcel with building: 84
2. Parking site:
a.
Row 1 (west):
17 stalls
b.
Row 2:
21 stalls
c.
Row 3:
22 stalls
d.
Row 4:
30 stalls
e.
Row 5:
32 stalls
f.
Row 6:
35 stalls
g.
Row 7:
35 stalls
May 29, 2012
Page 4
h. Row 8 (east): 28 stalls
Total parking on site without building: 220 stalls
3. Total legal parking stalls: 304
As shown from the numbers above, the site with the building on it (84 stalls) does not have enough
parking to serve all of the proposed uses. Parking will be needed from the adjacent parcel in order to
meet the parking requirements of the City's Zoning Code. Combined the two parcels have 304
parking stalls which exceeds the larger parking requirement of 266 spaces.
As noted by the applicant, the City's Zoning Code requires parking spaces to be at least 9 feet by 19
feet. If the parking spaces are currently striped larger than required, they could be modified to meet
the minimum standards and additional spaces could be provided on site.
Sianase
The Applicant has not submitted a sign request at this time. The Applicant must obtain a sign permit
from the City prior to the installation of any signage.
3. Ordinance Authority. Title XV Land Usage, Chapter 152 Zoning Code, Section 152.142 Permitted
Conditional Uses in the Light Industrial District, allows (G) Assembly, meeting lodge or convention
halls. As noted previously, an interpretation of `assembly' could include a religious `assembly'.
4. Criteria for Conditional Use Approval. Title XV Land Usage, Chapter 152 Zoning Code, Section
152.243, C: City Council Action, lists the criteria the City Council must consider in determining
whether to grant or deny a conditional use permit. The applicable criteria include:
(1) The use is one of the conditional uses specifically listed for the district in which the property is
located;
(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;
(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
(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.
5. Criteria Evaluation. The criteria above are evaluated below with regard to the application before
the Planning Commission. Assuming the City Council, in its legislative capacity, determines that
"assembly" within the Light Industrial zone includes religious assembly uses, staff recommends that
each of the criteria as met as follows:
(1) The use is one of the conditional uses specifically listed for the district in which the property is
located,
Although the City's Zoning Ordinance does not specifically define `assembly', an interpretation of
`assembly' could include religious assemblies. Title XV, Chapter 152, Section 152.142, (G) of the
Zoning Ordinance includes assembly, meeting lodge or convention halls as a `permitted conditional
use'. Criteria met.
May 29, 2012
Page 5
(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;
Staff has made recommendations on specific conditions which will be reviewed and/or modified by
both the Planning Commission and the City Council to make the proposed use compatible with other
uses in the area. Criteria met.
(3) The use will not be detrimental to the health, safety or general welfare ofpersons residing or
working in the vicinity or to the values ofproperty in the vicinity; and
There is no evidence on record to support that the health, safety or general welfare of persons residing
or working in the vicinity of the proposed conditional use would be negatively impacted. Nor is there
evidence on record to indicate that property values in the vicinity would be negatively impacted.
Criteria met.
(4) The use will provide a service or a facility which is in the interest ofpublic convenience and will
contribute to the general welfare.
The proposed use will provide a service to a segment of the St. Anthony population that is not
currently provided within St. Anthony today. Criteria met.
POTENTIAL ACTION
1. Recommend Approval (with or without conditions) of the Conditional Use Permit. In the
event of a recommendation for approval (with or without conditions), the Planning Commission
may refer to Exhibit C, and may modify the draft resolution for approval to include any
conditions that it deems necessary.
2. Recommend Denial of the Conditional Use Permit. In the event the Planning Commission
chooses denial of the requested conditional use permit, it should clearly state its reasons for the
denial recommendation.
ATTACHMENTS
Exhibit A:
Location Map
Exhibit B:
Applicant's Application
Exhibit C:
Draft Resolution
Laioffla tho-,n} 3055 Old Highway 8 CUP Request N A
el l EXhibltA 0 75 150 WSS
Saint Anthony Village MN
� Feet
3301 Silver Lake Road • St. Anthony, MN 55418 • (p) 612782.3301 • (f) 612.782.3302
www.ci.saint- anthony.mn.us
CONDITIONAL USE PERMIT APPLICATION
A. GENERAL DATA /]� $130 Conditional Use Permit Fee
NAME OF APPLICANT: f " J Y n d� w? I/, _ I //,:/,
The above -named individual, f rm or corporation hereby resppe h lly submits the following data in support of the
preliminary information provided on the accompanying zoning application summary from dated
purpose of securing a Conditional Use Permit. for the
CONTACT PERSON;
Name
PROPERTY ADDRESS:
Daytime Phone Number
B. PROJECT INFORMATION
1. Specify the section of the ordinance which applies to this project: l!✓' . Z
2. Brief narrative description of this request and address each of the
project: followrng items as they relate to your
a.) The use is one of the conditional uses specifically listed for the zoning district in
which the property is located;
b.) The City Council specify conditions that it deems necessary to make the use compatible
with other uses in the area;
C.) The use will not be detrimental to the health, safety, or general welfare of the persons
residing or working in the vicinity or to the values of property in the vicinity;
d.) The use.will provide a service or a facility which is in the interest of public convenience
and will contribute to the general welfare.
Written justification for the request, including discussion of how any potential conflicts with existing nearby land
uses will be minimized: &E /.tom „�W
3. Check all additional supporting documents and data which
proposal: are being submitted itted to help epla this project
mite plan
El topographic map
fietailed narrative
9-c,peration plans
I hereby certify with my sign a
the best of my knowledge:
Signature of Applicant
❑ engineering plans
• landscaping plans
• elevations
and
F: \Planning \Forms \2005 CUP Application lnformation.doc
true d correct to
'p: Z/7'
M e d i n a A. r h i t e c t s
Medina Architects
1618 Hague Ave
St. Paul, MN 55104
Tel. 651 645 0587
February 14, 2012
City of Saint Anthony Village
3301 Silver lake road
St. Anthony, MN, 55418
Planning Commission,
Abu - Huraira Islamic Center Is in the process of purchasing the St. Anthony Business
Center located at 3055 Old Highway 8, St. Anthony MN. 55418 -2500.
They are interested in using a portion of this complex for their use.
The St. Anthony Business Center is located in a Light industrial Building Zone.
Abu - Huraira Islamic Center is seeking a Permitted conditional use as per section
152.142 — (G) Assembly.
There would be no addition or expansion to existing Structure. They will occupy the
lower level of south building.
One of the requirements of an assembly Occupancy is that the area be sprinkled.
The lower south structure has a sprinkler system and will be retrofitted to any new
remodeling to meet code requirements for the Abu - Huraira Islamic Center.
There is a firewall separation between the north 3 story office tower and the one story
south structure with fire door and self closing rated doors connecting the two
occupancies.
A new Handicapped entrance will be added at the lower level with direct access to
grade. Three new handicapped parking spaces will be added to and close to this
entry.
The business center will not change its character or Occupancy use and would
continue to run as Office tenant space.
The site is bounded by New Brighton Boulevard highway 8 and old highway 8 to the
east and west. A condo sits to the north side of the site.
To the west across old Highway 8 is bounded by single residential unit. Their back
door and back yard faces the St. Anthony business Center.
• Page 2
February 14, 2012
The south one story building basement level will be used by the Abu- Huraira Islamic
Center.
The hours of use for the Islamic center:
• Prayer hour each day from 1:00 PM to 2: PM
• Ramadan is the ninth month of the Islamic calendar, when Muslims
fast (Sawm) during daylight hours. In the evening worshippers will
come to pray and share food and eat after sunset. These prayers also
give Muslims a chance to meet at the Mosque every day during this
period, and so they help to improve relationships in the Muslim
community.
• Food is limited to a pot luck meal everyone brings something to share
food items and will not include a commercial kitchen. The traditional
meal would be eating a few Dates
• Since this activity occurs after working hours there would be no conflict
with the office and other tenant business use.
The Conditional use permit would be a requirement for the Mosque (prayer area)
which is an assembly use. This will also cover other activities such as the waiting and
lounge area which are large group social areas.
The location is ideal and convenient to the Muslim community it servers.
Thank you for your consideration in this Matter.
Sincerely,
Michael A. Medina A.I.A.
Architect
Minnesota Registration Number 15843
H
-i -i
ZZ
D�
zo
'--� n
mC-)
--� Cl)
r I
LA
O 3
m
ioi
N
J "U"
fib ' -0"
/
/
/
5
a �
N
a
8 �
O
0
/
iqo /
/
/ o
r
/
/
0
/
D
DO
�o°�/
zC— d
m
o /
D � /
m a
/
�
N
m..
---1
�
m
-
=
O
/Z
<
m
'
m
z
m
m
r
D
Z
y: 3
�= o
:n
os D
Y �
x
m m
C D
2 0
C
D %
71 �
D �
N
3
n � E�
n - @
Z g
m
A
ym
�m M
cn
rc _
Im Z
Zn D
N� D
A
m
n
CD
0
r
0
D
{
m
D co
co m
C D
S o
C m
;o x
D_
C7 IT
D <
IT
— r
N
n
m
t
i
n w
N
z'
m
m
s
a
It m
C
CD
A
0~
2
0
O
rC
m
a�
z
0
vm M
ca 0
3m Z
zm D
�m D
o �
a �
2
m
n
cn
n
C z
C z
I0
D O
_ rm
r m
r
cn
0
�n
v
m
C)
M W
Z N
m
WAR
I 1
II
I
EXHIBIT - C:
CITY OF ST. ANTHONY VILLAGE
RESOLUTION NO.
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR RELIGIOUS
ASSEMBLY AT 3055 OLD HIGHWAY 8
WHEREAS, the City of St. Anthony received a request from the Applicant
Muxamedrashid Ali and Mr. Michael Medina for a conditional use permit to allow a place of
assembly within a portion the property located at 3055 Old Highway 8 on February 14, 2012,
legally described as follows:
Parcel A:
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,
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:
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
WHEREAS, the Applicant has indicated there is a valid, enforceable purchase
agreement with the owner for the property legally described above; and
WHEREAS, the Applicant has requested a conditional use permit for a place of
assembly for a portion of the building located at the property described above as Parcel A and for
required parking on the property described above as Parcel B; and
WHEREAS, a public hearing was properly noticed and held at the regularly scheduled
May 15, 2012 Planning Commission meeting; and
WHEREAS, the Planning Commission reviewed and considered the request based on the
related documents shown in the Applicant's application at their special session on June 4, 2012.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of St.
Anthony approves the Applicant's conditional use request based on the following findings:
1. The requested conditional use permit is consistent with all the standards for granting a
conditional use permit as described in Title XV Land Usage, Chapter 152 Zoning
Code, Section 152.243, C: City Council Action of the St. Anthony City Code. More
specifically, the City Council finds that the requested conditional use permit is
justified for the following reasons:
a. The assembly use is one of the conditional uses specifically listed for the district
in which the property is located.
b. The City Council will specify all conditions which it deems necessary to make the
use compatible with other uses in the area.
c. There is no evidence on record to indicate that the proposed use will be
detrimental to the health, safety or general welfare. There is no evidence on
record to indicate that the proposed use will be detrimental to property values in
the vicinity.
d. The proposed conditional use provides a service or a facility for a portion of the
community that is currently not provided.
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council's
approval of the requested conditional use permit is contingent on the following:
Prior to expiration of the conditional use permit as specified in Zoning Code Section
152.243(D), the Applicant shall submit evidence satisfactory to the City Manager and
the City Attorney demonstrating fee ownership of the property legally described
above.
2. The Conditional Use Permit for the assembly shall be limited to a total area 12,940
square feet comprised of 1,286 square feet of for a "receiving room" on the main
floor of the building and 11,655 square feet in the lower level of the south building,
all of which is located in the specific portions of the building as shown on the
architectural drawings received from the Applicant on May 4, 2012, as on file with
the City.
3. Prior to the issuance of any certificate of occupancy, Sewer Availability Charges
(SAC) shall be satisfied, if applicable.
4. To ensure sufficient off - street parking for all uses of the building, the property
owner /applicant must, prior to the issuance of any certificate of occupancy, (1)
provide evidence satisfactory to the City Manager of a fee ownership interest in both
Parcel A and Parcel B and (2) have applied to the City for a replatting of Parcel A and
Parcel B into a single lot.
5. Changes in occupancy, building use or access to parking spaces on land not owned by
the property owner /applicant as identified in the staff report must be reviewed and
approved by the City Administrator and may require an amendment to the
Conditional Use Permit.
6. Within one year of issuance of an occupancy permit, Applicant will perform a traffic
study in a form approved by the City Planner to determine if parking demand caused
by the proposed use is sufficient to warrant the available parking area be re- striped to
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.
7. Although a future kitchen has been shown on the site drawing, it was not requested as
a part of the application. As such there will be no cooking of food on site. A catering
operation or in -house cafeteria requires a Conditional Use Permit.
8. Any signage requests must be submitted to staff for review and approval. Signs are
permitted as allowed in Title XV, Section 155.29 (C) of the City's Code.
9. Development must comply with the Minnesota State Accessibility Code.
10. All pickup, drop -off, loading and unloading must occur on site and off of public
streets.
11. The building shall be provided with an automatic fire sprinkler system as approved by
the Fire Marshal.
12. Fire lanes will be posed as approved by the Fire Marshal.
13. The portion of the building identified for the conditional use shall not be occupied
until the Building Official and Fire Department have issued a certificate of
occupancy.
14. A building permit application be submitted and approved, and that construction in the
assembly area be completed within one year of the approval of the conditional use
permit.
15. The City of St. Anthony reserves the right to revoke this conditional use permit for
violation of any provision or condition of this Conditional Use Permit.
16. The Applicant shall properly record, with the Hennepin County Registrar of Titles, a
signed original or certified copy of this Resolution against Parcel A and Parcel B
simultaneously with acquisition of the same and provide a copy of the recorded
document to the City.
17. (Insert other conditions as desired.)
APPROVED in the regular session of the City Council on June 12, 2012.
Jerome O. Faust, Mayor
Attested:
Barbara Suciu, City Clerk