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HomeMy WebLinkAboutPL PACKET 02152022CITY OF SAINT ANTHONY VILLAGE PLANNING COMMISSION MEETING AGENDA Tuesday, February 15, 2022 at 7:00PM Join Meeting via Zoom There is also a dial -in option available. Members of the public who wish to attend the meeting may do so in person. Call To Order Pledge Of Allegiance Roll Call Approval Of Agenda Approval Of Minutes Approval Of PC Meeting Minutes PC 01 -18 -2022.PDF Public Hearing Request By Property Owner At 2501 Lowry Avenue, For An Amendment To The 2040 Comprehensive Plan Changing Land Use Guidance From High Density Residential To Low Density Residential Steve Grittman, City Planner presenting APPLICATION.PDF STAFF REPORT.PDF PUBLIC HEARING NOTICE.PDF Staff Reports Other Business Potential Amendment Of Uses In The City's Commercial And Industrial Zoning Districts Steve Grittman, City Planner, presenting. COVER MEMO.PDF C -I CODE REVISION TABLE.PDF COMMERCIAL DISTRICT.PDF LIGHT INDUSTRIAL DISTRICT.PDF Community Forum Individuals may address the Planning Commission about any City business 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. Generally, the Planning Commission will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. Information And Announcments Next Meeting: Tuesday, March 15, 2022 Adjournment If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612 -782 -3313 or email city@savmn.com . People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and safe. I. II. III. IV. V. A. Documents: VI. A. Documents: VII. VIII. A. Documents: IX. X. XI. CITY OF SAINT ANTHONY VILLAGEPLANNING COMMISSION MEETING AGENDATuesday, February 15, 2022 at 7:00PMJoin Meeting via ZoomThere is also a dial -in option available. Members of the public who wish to attend the meeting may do so in person. Call To OrderPledge Of AllegianceRoll CallApproval Of AgendaApproval Of MinutesApproval Of PC Meeting MinutesPC 01 -18 -2022.PDFPublic HearingRequest By Property Owner At 2501 Lowry Avenue, For An Amendment To The 2040 Comprehensive Plan Changing Land Use Guidance From High Density Residential To Low Density ResidentialSteve Grittman, City Planner presentingAPPLICATION.PDFSTAFF REPORT.PDFPUBLIC HEARING NOTICE.PDFStaff ReportsOther BusinessPotential Amendment Of Uses In The City's Commercial And Industrial Zoning Districts Steve Grittman, City Planner, presenting. COVER MEMO.PDF C -I CODE REVISION TABLE.PDF COMMERCIAL DISTRICT.PDF LIGHT INDUSTRIAL DISTRICT.PDF Community Forum Individuals may address the Planning Commission about any City business 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. Generally, the Planning Commission will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. Information And Announcments Next Meeting: Tuesday, March 15, 2022 Adjournment If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612 -782 -3313 or email city@savmn.com . People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and safe. I.II.III.IV.V.A.Documents:VI.A.Documents:VII.VIII.A. Documents: IX. X. XI. 1 CITY OF ST. ANTHONY 2 PLANNING COMMISSION MEETING 3 4 JANUARY 18, 2022 5 7:00 p.m. 6 7 CALL TO ORDER. 8 9 Chair Socha called the meeting to order at 7:00 p.m. 10 11 PLEDGE OF ALLEGIANCE. 12 13 Chair Socha invited the Commission and the audience to join her in the Pledge of Allegiance. 14 15 ROLL CALL. 16 17 Commissioners Present:Acting Chair Socha, Commissioners Gaveske, Morita, Erickson, 18 Rude, and Hendrickson. 19 20 Absent:Commissioner Kukendall 21 22 Also Present: City Planner Stephen Grittman, Assistant to the City Manager Nicole 23 Miller and Student Liaison Alayna Peterson. 24 25 26 I.APPROVAL OF THE JANUARY 18, 2022 PLANNING COMMISSION MEETING 27 AGENDA. 28 29 Motion by Commissioner Rude, seconded by Commissioner Morita, to approve the January 30 18, 2022 Planning Commission agenda. 31 32 Motion carried 6-0. 33 34 II.APPROVAL OF THE DECEMBER 21, 2021, REGULAR PLANNING COMMISSION 35 MEETING MINUTES. 36 37 Motion by Commissioner Morita, seconded by Commissioner Erickson, to approve the 38 December 21, 2021, Regular Planning Commission Meeting Minutes. 39 40 Motion carried 6-0. 41 42 III.PUBLIC HEARING – NONE. 43 44 IV.STAFF REPORTS – NONE. 45 46 V.OTHER BUSINESS. 47 A.48 City Code Amendments. 49 Planning Commission Regular Meeting Minutes January 18, 2022 Page 2 1 Chair Socha opened the public hearing at 7:05 p.m. 2 3 City Planner Grittman provided a review of the City Code Amendments project. He stated 4 these items (for general code updates and the swimming pool and dumpster language sections 5 were introduced for discussion at the December 21, 2021 Planning Commission meeting. 6 Commissioner Rude indicated hat he had a number of comments for consideration and the 7 Commission tabled action to allow those comments to be addressed in a follow-up draft for 8 review at this evenings Planning Commission meeting. 9 10 Those comments are addressed in the updated version provided for Commission review. This 11 updated version primarily focuses on the swimming pool and dumpster portions of the 12 proposed ordinance. The newer text was highlighted in red bold to distinguish it from the 13 prior existing and proposed text so Commissioners are able to see the updated changes. Staff 14 appreciates the additional review, and believes that the update will result in a more readable 15 and usable ordinance, the goal of making these changes in the first place. 16 17 Mr. Grittman noted one change suggested by Commissioner Rude was not included in the 18 proposed text, but was highlighted as something for consideration. This relates to Flexible 19 Dumpsters in Paragraph 6 of Section 9 on the last page of the ordinance draft. The comment 20 relates to the duration of these smaller dumpsters and a more restrictive time allowance as 21 compared to the larger solid dumpsters. 22 23 The purpose of the proposed language is based on the Code Enforcement Official’s concerns 24 that once these flexible dumpsters fill up, they should be removed as their nature often results 25 in an inability to contain the refuse, and that they collect water that can create a problem when 26 it leaches out, among other issues. The Code Enforcement Official suggested that in his 27 experience, he has not seen similar problems for the hard-sided structures. 28 29 The larger dumpsters often accompany more extensive projects that are subject to other 30 permitting, while this is less common for the flexible dumpsters. While this is not an exact 31 relationship, it is not uncommon that the larger dumpsters take longer to fill. The smaller 32 flexible dumpsters fill more quickly, and then more often become problems. 33 34 Mr. Grittman continued with a review of the City Code Amendments for Swimming Polls and 35 Refuse/Recycling. Planning Staff and the City Building Official has conducted a review of 36 City Code provisions related to the City’s swimming pool and refuse/recycling requirements. 37 A number of changes have been suggested. Mr. Grittman provided a summary of various 38 changes which are suggested. If found to be acceptable as written, or acceptable with 39 modifications, the changes will be provided in a formal amendment format and a public 40 hearing will be scheduled to provide an opportunity for public input. 41 42 Mr. Grittman noted there was an additional correction in Code Section 33-044 the correction 43 of a typo “criteria’s” should be “criteria”. On Section 9603 pavement should not include 44 aggregate or gravel. 45 Mr. Grittman provided the suggested changes in detail for: 46 Planning Commission Regular Meeting Minutes January 18, 2022 Page 3 1 Swimming Pools - Section 150.051 (Buildings, Housing and Construction – Swimming Pools 2 – Building Permits Required). 150.051 Permit Requirements, 150.052 Location 3 Requirements, 150-053 Safety Requirements, 150.054 Lighting Requirements, 150.055 Noise, 4 150.056 Inspections, 150.057 Existing Swimming Pools, 150.058 Discharge of Pool Water. 5 6 Refuse and Recyclables - Section 111.197 (Licenses, Permits and the Like – Licensing of 7 Multiple Dwellings). Titles for Sections 11.215 through 11.219. Section 111.215 (Haulers of 8 Rubbish and Yard Waste – Definitions). Section 150.088 (Building, Housing and 9 Construction – Definitions). 10 11 Section 111.197 Rubbish Disposal, Section 150.088 (Building, Housing and Construction – 12 Rental Dwelling Definitions. 13 14 Section 150.088C (Building, Housing and Construction – Responsibilities of Occupant or 15 Renter). 16 17 Section 150.090 (Building, Housing and Construction – Refuse and Recyclables). 18 19 Section 150.094I is deleted. 20 21 Section 150.094J (Building, Housing and Construction) Refuse and Recyclables). 22 23 Section 153.04 (Stormwater Management – Definitions). 24 25 Section 153.08C (Stormwater Management – Approval Standards). 26 27 Commissioner Rude had expressed concern about the flexible dumpsters that tend to sit after 28 filled. 29 30 There were no residents in the council chambers or online requesting to speak. 31 32 Commissioner Rude stated some neighbors had the flexible bags which sat in front of their 33 garage for a long time. He would rather see those types of bags rather than the hard sided 34 larger dumpsters. If someone only needs 5 yard dumpsters why should they have a 9 yard 35 dumpster. They should be allowed the same time to be removed as the hard sided dumpsters. 36 Commissioner Rude also stated it would read better to be 120 days in a 12 month period. Mr. 37 Grittman stated there was a discussion with the Code Committee and they decided on 120 38 days in a calendar year which would be easier to track. Commissioner Rude stated as long as 39 they have a permit the dumpster is fine. Chair Socha stated she would not like to see anything 40 longer than 30 days. She does not care for language that gives too much discretion. She would 41 prefer the 14-30 day range. Commissioner Erickson stated at first glance the 14 days does 42 seem a little restrictive and 30 days may be a more reasonable timeframe. Commissioner 43 Morita thanked Commissioner Rude for his thorough review of the documents. Commissioner 44 Morita likes the 14-30 day timeframe also. Mr. Grittman summarized going to 30 days rather 45 than 14 and deleting the language about it being removed a week after being filled. 46 Commissioner Rude stated the week was more of an incentive but could not be enforced. Planning Commission Regular Meeting Minutes January 18, 2022 Page 4 1 Commissioner Rude asked if there is language of where the dumpster can be placed. Mr. 2 Grittman explained the code regarding it being placed on private property. The Code 3 Enforcement Officer is in the community every day and he will know within a few days when 4 the dumpster is delivered and the tracking of the 30 days should be easy to track. 5 6 Motion by Commissioner Gaveske, seconded by Commissioner Morita, to revise the language 7 in Section 9J – 6 to 30 days for flexible dumpsters and removing the second part about 8 removing one week after container is full to capacity. 9 Motion carried 6-0. 10 11 Commissioner Rude stated he had an issue with Section 150.052 – Location Requirements for 12 swimming pools and hot tubs distance from a power pole it must be measured to the ground 13 and then 10 feet away. This may be difficult if there is a retaining wall or fence. It should be 14 measured down from the pole and 10 feet away. Should the accessories in the pool be 15 included in the measurement or is it the edge of the water for the setback. Chair Socha 16 referred the Commission to page three and asked Staff what would be considered the edge of 17 the water. Mr. Grittman stated the measurement would be to the water edge. Beyond that 18 would be the patio that would have its own setback requirements. Chair Socha asked what the 19 setback would be for a patio and Mr. Grittman responded it would be five feet. Chair Socha 20 asked what the setback would be for a deck and Mr. Grittman responded it would be the same 21 five feet. Any building would be ten feet setback. Ms. Miller noted any building less than 200 22 sf can be five feet from the property line. Mr. Grittman stated the new accessory building 23 language was revised in 2021. The measurement requirement is defined as horizontal 24 measurement in the ordinance. 25 26 Commissioner Rude questioned the word “uncontrollable” in Section 150.053 in the first 27 sentence. He feels it would read better if it was “uncontrolled”. The Planning Commissioners 28 agreed. Mr. Grittman described the definition of front yard which is anything in the front of 29 the house from the street to the house (Section 152.008 – Definitions page 448). 30 31 Chair Socha referred to page 6 referring to curbside organic recycling. She did not know if 32 organic recycling would be considered rubbish or recycling and how often it would need to be 33 taken out. Mr. Grittman stated he is not sure how to respond. If the City does move toward 34 organic collection they will create a schedule for that and a new definition would be added 35 along with timing at that time. Commissioner Rude asked about yard waste which is not 36 addressed. Mr. Grittman will research and report back to the Commission. Mr. Grittman stated 37 if the Commission is comfortable enough with sending this through to Council for adoption it 38 can be done this evening. 39 40 Chair Socha closed the public hearing at 7:47 p.m. 41 42 Motion by Commissioner Morita, seconded by Commissioner Erickson, to recommend the 43 City Council adopt the revised Zoning Code (Section 150.090) with changes as suggested to 44 Staff. 45 Motion carried 6-0. 46 Planning Commission Regular Meeting Minutes January 18, 2022 Page 5 1 2 Motion by Commissioner Rude, seconded by Commissioner Morita, to recommend the City 3 Council adopt the revised Zoning Code (Section 9 - 6) to change to 30 days and remove the 4 second part dealing with removal within one week after reaching its capacity. 5 6 Motion carried 6-0. 7 8 Motion by Commissioner Rude, seconded by Commissioner Morita, to recommend the City 9 Council adopt the revised Zoning Code wording changes as suggested to Staff. 10 11 Motion carried 6-0. 12 B.13 Potential Amendment of Uses in the City’s Commercial and Industrial Zoning 14 Districts. 15 16 Mr. Grittman reviewed this item introduces the discussion of potential amendment of uses in 17 the City’s Commercial and Industrial zoning districts. There are some references in the 18 Comprehensive Plan related to this, and the current districts are vague and, in some cases, 19 archaic in their language. 20 21 Changes to consider would be to usage and goals for each of the two districts. The purpose of 22 the Zoning Ordinance is to implement the goals of the Comprehensive Plan, but often, it is the 23 Zoning Ordinance that does the “heavy lifting” of purpose and general nature of these 24 districts. 25 26 Mr. Grittman requested the Commission discuss the uses purpose statements in each of the 27 two districts, and whether the City’s desired purpose is adequately defined and/or in need of 28 expansion and clarification. Then a discussion of the various uses in each district as to the role 29 they might play in reaching the purpose and whether any refinement to the performance 30 standards or conditions are required. 31 32 At this point the boundaries of these districts will not be addressed. The Comprehensive 33 Plan’s recommendations are to retain the existing zoning pattern, with the primary change 34 being a consideration of integrating more residential development into the commercial zones. 35 The relevant Comprehensive Plan language was included along with the two zoning districts 36 for review. 37 38 The Comprehensive Plan identifies existing commercial and industrial development in the 39 community as consisting of four general areas. These are described in Chapter 4 (Land Use) 40 as follows: 41 42 Commercial and Industrial Infill and Redevelopment. St. Anthony has four significant 43 commercial and industrial nodes: 44 The Southwest Area (between Kenzie Terrace and Lowry Avenue) 45 Silver Lake Village (north of 37th Avenue and west of Silver Lake Road) 46 The industrial park on the southeast side of the City (south of New Brighton Blvd) Planning Commission Regular Meeting Minutes January 18, 2022 Page 6 1 The industrial area in the northeast corner of the City north of 37th Avenue. 2 3 Mr. Grittman reviewed each of these four areas will retain their commercial and industrial 4 guidance in the 2040 Comprehensive Plan update, but there may be opportunities to promote 5 infill at each of these sites as land ownership or tenancy changes hands. In particular, St. 6 Anthony supports the creative use of commercial land for incorporating residential uses into 7 commercial developments. 8 9 St. Anthony acknowledges that commercial areas will continue to adapt and change based on 10 the changing retail environment and the age of many commercial properties. The future of 11 parking requirements may also change as technologies advance and the ride sharing economy 12 impacts transportation choices. Mr. Grittman provided a summary of foreseeable 13 opportunities at each of the four nodes. 14 15 The 2040 Plan focuses much of the implementation activity on Residential and Housing- 16 related policy. The following “Action Steps” (of 14 such steps) are identified as relating to 17 Commercial and Industrial land uses: 18 19 2.Conduct further study and planning on the re-development or better utilization of the 20 current industrial park. 21 22 8.Plan for the re-development of underutilized commercial properties, especially those 23 on higher volume streets and transit routes, for higher density, multi-family and senior 24 housing. 25 26 10.Identify areas in the community for the development of new, higher end office space. 27 28 11.Utilize the Planned Unit Development re-zoning as a tool at key locations to promote 29 market flexibility, integrated land uses, density and walkability. 30 31 14.Revise the zoning code to allow for residential uses in commercial districts, in order to 32 better meet anticipated market and transportation trends. 33 34 Mr. Grittman stated discussions should include the following elements for each district: 35 1.36 What is, or should be, the focus of the subject district? 2.37 How does the purpose statement for the district further than focus, or fail to do so? 3.38 How should the uses in the district be altered to achieve that purpose? Removed? 39 Changed between permitted or conditions? 4.40 Do any of the uses (or proposed new uses) in the district require additional specific 41 conditions that should be listed in the ordinance? 5.42 Are there any recommendations as to performance standards for each of the districts to 43 ensure that the purpose is met? a.44 Lot use and coverage. b.45 Architecture or materials. c.46 Accessory activities such as parking, truck storage, loading, storage. Planning Commission Regular Meeting Minutes January 18, 2022 Page 7 d.1 Other related issues. 2 3 Staff will assemble comments from this initial discussion and prepare draft ordinance 4 language for consideration at an upcoming meeting. The Planning Commission will need to 5 hold a public hearing on that language prior to sending the material onto the City Council for 6 adoption. 7 8 A copy of the current ordinance was included for Planning Commission consideration. Mr. 9 Grittman asked the Commission if they would prefer to give input at this time or wait until 10 Staff has suggested revisions to the Commercial/Industrial Code. 11 12 Commissioner Morita stated he would be concerned about making changes at this point. 13 Commissioner Erickson agreed. Commissioner Erickson noted Mr. Grittman had asked if 14 commercial should be changed to include more office and he feels the office market is not 15 doing as well at this time. Commissioner Rude suggested promoting ownership rather than 16 rentals. There is no incentive for low-cost housing. Pride of ownership is lacking in rental 17 units. 18 19 Chair Socha stated she is confused how Commissioner Rude’s comment fits in within the 20 Commercial/Industrial zones. Commissioner Rude stated we are being asked to consider 21 putting in low-cost housing in Commercial zones. Chair Socha asked if multi-family housing 22 is being considered in Commercial/Industrial zones. Mr. Grittman stated as part of the 23 Comprehensive Plan it is mentioned about reintroducing multi-family into those 24 Commercial/Industrial areas. Chair Socha stated it makes sense to see how the current 25 development works as far as density, traffic flow, etc. She likes the idea of updating the 26 language but she does not think the time is right to put multi-family development in 27 Commercial/Industrial zoning. 28 29 Commissioner Hendrickson asked about the Silver Lake Village PUD area and is the 30 discussion to change that or it should remain PUD. Mr. Grittman stated that would be an area 31 that could be possibly for multi-family housing. Commissioner Hendrickson stated the trend is 32 for less Commercial and the Commission should pay attention to market trends. 33 Commissioner Hendrickson asked about Light-Industrial and noted a brewery or distillery 34 would not be included. In many communities breweries are uses in light-industrial. 35 Commissioner Rude referred to 152.142 permitted uses are canning or bottling other than malt 36 products. Chair Socha stated that would be a good fit in Industrial zoning. 37 38 Chair Socha noted St. Anthony has a limited number of liquor licenses. Mr. Grittman stated 39 breweries and distilleries are licensed separately and does not affect liquor licenses. 40 Commissioner Erickson stated another business in other communities are data centers. Mr. 41 Grittman stated data centers have very few employees and do not generate employment. 42 43 Chair Socha stated the Commission would like to expand the Code to open it up to businesses 44 of all types under Commercial/Industrial but not open it up to multi-family housing at this 45 time. Mr. Grittman will bring back to the Commission some specific language for review at an Planning Commission Regular Meeting Minutes January 18, 2022 Page 8 1 upcoming meeting. Commissioner Hendrickson stated there may be some demand for artistic 2 places especially after the pandemic. 3 4 Student Liaison Peterson stated she works at a pickleball club next door to a brewery which 5 draws a lot of people. The pickleball club is not considered a health club. This could be 6 considered in the light industrial area. 7 8 Mr. Grittman suggested more general inclusive language as to the types of businesses allowed 9 in Commercial/Industrial zoning. 10 11 VI.COMMUNITY FORUM. 12 13 No one appeared to address the Planning Commission. 14 15 VII.INFORMATION AND ANNOUNCEMENTS. 16 17 Chair Socha stated there are some changes on the Planning Commission with her being Chair 18 and Commissioner Morita being Vice Chair. Commissioner Rude’s term was renewed. 19 Commissioner Gaveske is new to the Commission. 20 21 Mr. Grittman stated the City held its Goal Setting session last week and Commissioner Socha 22 participated in the sessions. He will make reports to the Planning Commission of City Council 23 actions regarding Planning Commission matters. 24 25 Commissioner Morita will attend the City Council Meeting on behalf of the Planning 26 Commission. 27 28 Chair Socha stated she attended the Goal Setting session last week and gave a brief review of 29 the proceedings. 30 31 VIII. ADJOURNMENT. 32 33 Motion by Commissioner Morita, seconded by Commissioner Erickson, to adjourn the 34 meeting at 8:30 p.m. 35 36 Motion carried 6-0. 37 38 Respectfully submitted, 39 Debbie Wolfe 40 TimeSaver Off Site Secretarial, Inc. 41 MEMORANDUM To:St. Anthony Village Planning Commission From:Stephen Grittman, City Planner Date:February 10, 2022 Meeting Date:Planning Commission Meeting – February 15, 2022 NAC Project No.323.01 – 22.02 Request:Request for an Amendment to the 2040 Comprehensive Plan by reguiding the subject property from High Density Residential to Low Density Residential Property Address:2501 Lowry Avenue NE (east 11 acres) Property PID:07-029-23-23-0001 STAFF RECOMMENDATION Staff recommends the following Planning Commission Motion: 1.That the Planning Commission forward the application for a Comprehensive Plan Amendment to the City Council re-guiding the subject property from High Density Residential to Medium Density Residential, rather than the Low Density Residential requested by the applicant. GENERAL INFORMATION Applicant:Laura Lorek, Continental Property Group Owner:The Village, LLC Location:2501 Lowry Avenue NE (Urban Grove) Existing Land Use Manufactured Home Park/Vacant Zoning:R-1, Single Family Residential Surrounding Land North: Single Family/R-1: Use / Zoning:East: Multi Family/PUD South: Commercial/C West: Multi Family/PUD February 15, 2022 Page 2 Deadline for Agency Application Complete Date: 12/21/2021 Action:60 Days: 2/19/2022 Letter Sent:2/11/2022 120 Days:4/20/2022 ANALYSIS 1.Background The applicant is requesting that the City re-guide the subject property from High Density Residential to Low Density Residential, a change to the 2040 Comprehensive Plan. The parcel in question is shown on the zoning map below left, and the 2040 Future Land Use map, below right. The property consists of approximately 11 acres after the subdivision of the westerly 4+ acres for development of a senior housing project. Zoning Map 2040 Future Land Use Map The 2040 Comprehensive Plan describes High Density Residential as a land use category that would expect to the developed at densities between 20 and 40 units per acre. The Low Density Residential category is expected to be developed at densities between 2 and 4 units per acre. The plan includes a “Medium Density” category with a range from 4 to 20 units per acre. The applicant seeks a Low Density designation as being consistent with the long-standing zoning of the property as R-1, Single Family Residential. For clarity, it is important to note the differences between Land Use designation and zoning. Land Use refers to the general type and intensity of use. Zoning is a specific designation that manages the use, and extent of developed land. For Zoning Map amendments (rezoning), the City conducts a public hearing by the Planning Commission, after which the zoning amendment is considered by the City Council as an ordinance. If approved, it is adopted and the map is amended. February 15, 2022 Page 3 For Comprehensive Plan amendments, the process is more complex. The Planning Commission holds the public hearing, and the City Council then is asked to approve the amendment for the purposes of notifying adjoining or affected jurisdictions (neighboring cities, watershed districts, school districts, affected state agencies, etc.). The jurisdictions have up to 6 months to comment on the proposed amendment. Once those comments are received, the City decides how to respond to the comments, and then sends the proposed amendment (with the comments and responses) to the Metropolitan Council for review and comment. The Met Council is responsible for reviewing the document for its consistency with regional plans adopted by the Council. The Met Council will review the proposed impacts on several factors, including population projections, road and traffic considerations, impacts on regional parks, housing (and affordable housing impact), and sanitary sewer impacts – among others. This process parallels the original adoption of the 2040 plan, which was prepared under the requirements of the Met Council as well. For the 2040 plan to be approved, the City was required to show how its future land use plan provided adequate land areas for the population and housing projections made by Met Council, along with the City’s required allocation of affordable housing units, also assigned by Met Council. At the time the Comprehensive Plan was being prepared, there were no specific redevelopment plans for the subject property. The property owner had removed most of the buildings in the manufactured home park, but for a few retained homes and a few common/maintenance buildings. The City adopted its new land use plan with newly revised density allowances (between20 and 40 units per acre) while at the time, the property owner was preparing the site for redevelopment. Planning staff is unaware of any specific redevelopment plans provided to the city in the form of development or zoning applications or site plan requests during this period, and no formal applications were made. After a series of back-and-forth negotiations with Met Council staff, the Met Council formally approved the Comprehensive Plan in April of 2020 – although the formal submissions were occurring during previous 12 months. Also during this period, the property owner began redevelopment of the property as a manufactured home park. The City considered the manufactured home park a continuing “grandfathered” use since there had been some buildings retained during the period that the park appeared to be mostly closed. The only formal land use application made during this period was for the subdivision removing the westerly 4+ acres from the bulk of the property, which is currently under development of a senior housing project. Current Amendment Application. As noted, the applicant is seeking a revision to the Land Use Plan, redesignating the land from High- to Low-Density Residential. To pursue this amendment, the City will need to revise more than the map, since the map is directly tied to many of the numbers used elsewhere in the plan for sewer, traffic, and most notably, housing. Because the Comprehensive Plan was approved with a fixed requirement for new housing units, and a component of affordable units, the land use guidance for this site afforded the opportunity to assign several of those unit allocations. The Met Council staff’s approval February 15, 2022 Page 4 memorandum for the City’s 2040 Plan required the City to adopt an affordable unit allocation for 2020 – 2030 of 153 affordable housing units. Re-guiding the subject property to Low Density Residential would remove a significant portion of those affordable units from the 2020-2030 and 2030-2040 Plan inventory, and they would (likely) have to be reallocated to other sites. It is not clear how this might occur, and would require some presumably extensive discussions with the City for suitable locations, as well as with Met Council staff. In that regard, it is possible that some or all of the replaced manufactured homes may qualify for a portion of that allocation, but because there is no specific development approval for the site, the mechanism for ensuring that is not clear at this point. Moreover, the applicant’s plans for the site – if the prior manufactured home park is a guide – would anticipate more than 90 units on the property (the precise number has not been determined). In any case, at 11 acres, the density of the site is actually more than 8 units per acre – a land use that falls in the medium density category (4-20 units per acre, per the 2040 Plan). Before staff undertakes the extensive research and Met Council discussions required to pursue and ascertain the extent of other changes necessary to accomplish the applicant’s request, a determination as to whether the City considers that effort to be in the interest of the City’s 2040 Plan overall and its land use goals and objectives. While the property owner is concerned that the Hennepin County Assessor is incented to raise property value (and thus property taxes) on the parcel, the land use implications for the City are separate from that interest. For reference, the taxable value and classification taken from the Hennepin County website list the parcel as “Manufactured Home Park” assessed 2021, for taxes payable 2022. Staff is unaware if that classification has been changed for 2023. SUMMARY AND STAFF/PLANNING COMMISSION RECOMMENDATIONS Staff Recommendation Staff recommends the following Planning Commission Motion: 2.That the Planning Commission forward the application for a Comprehensive Plan Amendment to the City Council re-guiding the subject property from High Density Residential to Medium Density Residential, rather than the Low Density Residential requested by the applicant. This recommendation is made based on findings that while the current zoning designation on the City’s Zoning Map and the land use designation in the City’s 2040 Land Use Plan are not consistent, neither is consistent the actual intended use of the property as a Manufactured Home Park, the stated intent of the owner/applicant and the current use as it is being developed. February 15, 2022 Page 5 Rather, the proposed use will result in a residential density of approximately 8 units per acre, within the 4 – 20 units per acre range for Medium Density in the City’s 2040 Plan. The pursuit of a Medium Density designation (still to be confirmed by Met Council) would require changes of a lesser magnitude to the other Chapters of the City’s 2040 plan, and is likely to impact the housing count numbers, although in lower numbers, presumably. The staff’s recommendation is based on an assumption that the extent of the changes necessary to the 2040 Plan would be a part of the applicant’s land use application escrow, rather than a direct City cost. Alternatives for the Commission would be as follows: 1.Recommend denial of the Comprehensive Plan Amendment. 2.Recommend approval of the Low Density designation as requested by the applicant. 3.Table action on the proposal, subject to additional information from staff or applicant, as requested by the Commission. ATTACHMENTS Exhibit A:Location map Exhibit B:Application and Supporting Material NOTICE OF A PUBLIC HEARING February 15, 2022, 7:00 p.m. City Hall, 3301 Silver Lake Road, St. Anthony, MN 55418 Notice is hereby given that the City of Saint Anthony Village Planning Commission will hold a public hearing to solicit public response to a request by the property owner to amend the 2040 Comprehensive Plan changing the land use guidance from high density residential to low density residential for the easternmost 11 acres of the property located at 2501 Lowry Ave NE. The Planning Commission agenda and packet item relating to this application will be made available prior to the meeting online at www.savmn.com. Ways to Comment: Online Those persons having an interest are encouraged to attend via Zoom. The link to participate via Zoom can be found at http://www.savmn.com/Calendar.aspx?EID=1601 In Person The public is welcome to attend in person at the City of Saint Anthony Community Center, 3301 Silver Lake Road, in the Council Chambers at 7:00 p.m. Written Written comments may be taken at the St. Anthony Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until the date of the public hearing. Comments can also be conveyed via email, to planner@savmn.com until the date of the public hearing. Questions? Questions may be directed to the City Planner at 763-957-1100. The Planning Commission will make a recommendation regarding the proposed request to the City Council for their meeting to be held on March 8, 2022 at 7:00 p.m. at City Hall. Steve Grittman City Planner MEMORANDUM To:St. Anthony Village Planning Commission From:Stephen Grittman, City Planner Date:February 9, 2022 Meeting Date:February 15, 2022 NAC Project No.323.02 – 22.01 This memorandum provides the prior discussion of potential amendment of uses in the City’s Commercial and Industrial zoning districts, and adds a table-form list of proposed amended language for Planning Commission consideration. As before, there are references in the Comprehensive Plan related to this review, and the current districts are vague and, in some cases, archaic in their language. Changes to consider would be to usage and goals for each of the two districts. The purpose of the Zoning Ordinance is to implement the goals of the Comprehensive Plan, but often, it is the Zoning Ordinance that does the “heavy lifting” of purpose and general nature of these districts. The table includes current language and proposed changes in redline. Text that is proposed to carryover from the existing code is referenced in the second column. The third column includes changes to each of the proposed sections. The fourth column provides some commentary explaining the purpose of the changes (or in a few cases, why no change is proposed). At this point, we are not expecting to address the boundaries of these districts. The Comprehensive Plan’s recommendations are to retain the existing zoning pattern, with the primary change being a consideration of integrating more residential development into the commercial zones. In the material below, we have provided the relevant Comprehensive Pan language, and the two zoning districts for review, and the table-form amendments as noted above. The Planning Commission is asked to provide comments and thoughts on the proposals at the upcoming meeting, after which staff will prepare formal ordinances amendments for a public hearing. February 15, 2022 Page 2 Comprehensive Plan. The Comprehensive Plan identifies existing commercial and industrial development in the community as consisting of four general areas. Those are described in Chapter 4 (Land Use) as follows: Commercial and Industrial Infill and Redevelopment St. Anthony has four significant commercial and industrial nodes: The Southwest Area (between Kenzie Terrace and Lowry Avenue); Silver Lake Village (north of 37th Avenue and west of Silver Lake Road; The industrial park on the southeast side of the city (south of New Brighton Boulevard); and The industrial area in the northeast corner of the city north of 37th Avenue. Each of these four areas will retain their commercial and industrial guidance in the 2040 Comprehensive Plan update, but there may be opportunities to promote infill at each of these sites as land ownership or tenancy changes hands. In particular, St. Anthony supports the creative use of commercial land for incorporating residential uses into commercial developments where the The Legacy of St. Anthony at 2540 Kenzie Terrace is 73 units on a 1.25-acre parcel, while the housing developments at Silver Lake Village are about 38 units per acre overall. St. Anthony 2040 Comprehensive Plan Chapter 4: Land Use integration of residential uses would be appropriate and well-supported by existing infrastructure. St. Anthony acknowledges that commercial areas will continue to adapt and change based on the changing retail environment and the age of many commercial properties. Furthermore, the future of parking requirements may also change as technologies advance and the ride sharing economy impacts transportation choices. A short summary of foreseeable opportunities at each of these nodes is summarized here: • Southwest Area. In 2016, St. Anthony was the recipient of a technical assistance panel (TAP) from ULI Minnesota in which ULI staff and experts analyzed the redevelopment potential of the Southwest Area of the city. The panel found that the cost of land acquisition and relatively good condition of the existing developments in this area may be prohibitive to redevelopment. However, they also suggest that placemaking improvements such as welcoming entry points and streetscape and commercial design elements could help to draw people to the location and create a unified “district feel”. A possible catalyst that could spur redevelopment might be the attraction of a strong retail anchor. Another consideration is the impact that redevelopment of the nearby Southern Gateway site could have on the surrounding area and an increased demand for retail opportunities and livable spaces in the Southwest Area. • Silver Lake Village. This area represents relatively recent development, but the current vacancy of the Walmart building on the corner of 37th Avenue and Silver Lake Road has been a priority for St. Anthony. The Walmart building and associated parking lot are currently targeted for redevelopment. • Southeast industrial Park. The industrial park area east of Highway 88 hosts a mixture of office and warehousing or light industrial uses. Some of the aging properties may February 15, 2022 Page 3 become redevelopment target areas or sites for more modern industrial building as the properties undergo changes or sale. • Northeast Industrial Area. The properties in the northeast industrial park area are located in close proximity to existing medium and high-density residential development. Some of these aging properties may become redevelopment target areas or sites for more modern industrial building as the properties undergo changes or sale. The 2040 Plan focuses much of the implementation activity on Residential and Housing-related policy. The following “Action Steps” (of 14 total such steps) are identified as relating to Commercial and Industrial land uses: 2. Conduct further study and planning on the re-development or better utilization of the current industrial park. 8. Plan for the re-development of underutilized commercial properties, especially those on higher volume streets and transit routes, for higher density, multi- family and senior housing. 10. Identify areas in the community for the development of new, higher end office space. 11. Utilize the Planned Unit Development re-zoning as a tool at key locations to promote market flexibility, integrated land uses, density and walkability. 14. Revise the zoning code to allow for residential uses in commercial districts, in order to better meet anticipated market and transportation trends. February 15, 2022 Page 4 Discussion Overview Discussion may include the following elements for each district: 1.What is, or should be, the focus of the subject district? 2.How does the purpose statement for the district further than focus, or fail to do so? 3.How should the uses in the district be altered to achieve that purpose? Removed? Changed between permitted or conditions? 4.Do any of the uses (or proposed new uses) in the district require additional specific conditions that should be listed in the ordinance? 5.Are there any recommendations as to performance standards for each of the districts to ensure that the purpose is met? a.Lot use and coverage. b.Architecture or materials. c.Accessory activities such as parking, truck storage, loading, storage. d.Other related issues. C Commercial District Section Existing Text to Remain as is Proposed Text (redlined) Issue/Discussion § 152.120 PURPOSE. The C District is intended 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 uses and standards in the “C”, Commercial District shall serve as the basis for commercial standards in “PUD”, Planned Unit Development District areas where commercial uses are designated by the District or the Comprehensive Plan. Clarifying that the C District also sets the baseline form regulation in those areas where commercial activity is zoned PUD. § 152.121 PERMITTED USES. Within a C District, only the following uses are permitted: (See List (to be deleted as written)) The list of permitted uses would be deleted, and replaced with categories of uses. Many current listings are archaic, the list is overly detailed and is incomplete as new businesses have been created – or there are those not contemplated when the list was created. (1) Retail stores in which a least 51% of the floor area is devoted to stocking and displaying goods for sale to the general public end users, and where customers may see, purchase, and receive items for such sales. Retail stores may incorporate electronic ordering or other means of providing goods to the end users. Storage of goods or other accessory uses are limited to 49% or less of the facility. Retail stores must be dominated by retail floor area – so a storage/warehouse with a small front of retail space is not permitted (that type of use would more likely to be located in an industrial area). (2) Retail service facilities in which customers receive personal services on site, such as salons, spas, personal fitness and exercise, or similar facilities. (3) Trade services and retail sales, rental, or repair facilities, such as plumbers, electricians, auto parts, home improvement, hardware, and similar facilities, in which no more than 10% of the floor area is devoted to repair, fabrication, or other accessory activity. This is a small exception to the general retail definition, and allows a small amount of what would otherwise be industrial production space. (4) Professional offices and services, in which customers receive professional advice and/or documents and conduct professional transactions, whether on-site or via other correspondence media, such as legal, tax, financial institutions, real estate, insurance, and similar services, and which facility may be dominated by office space. (5) Commercial offices providing space for primarily administrative business functions and related activities. This use is also allowed in the industrial district, but is commonly found in commercial districts as well. (6) Hospitality uses, including eating and drinking establishments, hotels/motels, entertainment venues, indoor commercial recreation, and similar uses, provided that all portions of the subject property is located at least 250 feet from property zoned R-1 or R-2, and where there is no drive-through pick-up facility. Permitted restaurant uses may include drive-up pick-up services for pre-ordered goods. This is a compilation of all entertainment-related uses, some of which would move from the conditional use section, but which are often covered by other licensing provisions of city, county, or state regulations. (7) Medical, dental, veterinary, and related clinics, in which customers receive such services in person, and which consist of offices, exam rooms, laboratory and similar services, and related activities. (8) Government administrative services, including postal facilities, municipal services, community centers, and similar uses dominated by offices, direct citizen activities or services, and retail transactions. The exceptions to this list would be uses such as a sheriff’s impound lot, a jail, or similar uses. § 152.122 PERMITTED CONDITIONAL USES. The following uses are permitted allowed in the C District only by conditional use permit issued by the City Council. Delete “Permitted” to avoid confusion with the prior category of use. (A) Sexually- oriented businesses which comply with the requirements of Chapter 110; (B) A use permitted under § 152.121 except for the fact that it has a drive- through facility; (C) Assembly, club or lodge, in which such facilities provide space for specific purposes, and which is characterized by groups of common interest attending scheduled common activities. Added language to distinguish these uses from unscheduled entertainment venues such as bars and restaurants. (D) Auto or other motor vehicle sales and repair which includes no storage of autos vehicles for parts, subject to and including, but not limited to, the following additional conditions: 1. Outdoor storage of vehicles awaiting sales, repair or customer pick-up shall constitute no more than 30% of the property in question. 2. Outdoor storage or display of vehicles is located no closer to the street than the rear line of the principal building. Creating a set of expectations and limitations for vehicle repair. For -sale vehicles must be in the rear yard of the property (not along the street front). Repair vehicles must be in the rear yard, and completely screened by fence and landscaping. 3. Outdoor storage of repair vehicles is fully screened by a completely opaque fence of 8 feet in height, with landscaping outside the screening fence. 4. No outside storage of other parts, tires, or materials. 5. Refuse and recycling containers shall be stored indoors, or within the screened enclosure with the vehicles being serviced. 6. No such use shall be allowed on property abutting and parcel(s) zoned R, Residential, or PUD when used for residential uses. (E) Bus stations of the Metropolitan Transit Operations; (F) Car washes; subject to and including, but not limited to, the following conditions: 1. Any such facility is designed to adhere to all noise-related requirements of the City and State. 2. Headlights glare is fully screened from view of adjoining residential property. 3. The facility is designed to be fully closed whenever any mechanical activity is in operation, including both entry and exit doors. 4. Vacuum mechanical equipment is housed within the primary structure, or if in individual equipment outside, is designed so as to avoid noise detection at the boundary of any adjoining residential property. Managing the requirements to address previously raised issues. (G) Gasoline Motor fuel station; Not all motor fuel is gasoline any longer. (H) Liquor stores and lounges; Shifted liquor sales to fall into the Retail uses and lounges into the Hospitality uses (both permitted), but regulated through the City’s liquor licensing authority. (I) Motels; Included in the Hospitality category as a permitted use. (J) Video tape sales and rentals; To the extent that such uses exist, they would be included in the Retail Sales and/or Retail Services categories as a permitted use. (K) Body tanning salons; This use would be included in the Retail Services category as a personal service (permitted). (L) Establishments primarily for the sale of beverages for consumption on the premises; Shifted liquor sales to fall into the Retail uses and lounges into the Hospitality uses (both permitted), but regulated through the City’s liquor licensing authority. (M) Bowling alleys; Included in Hospitality uses (permitted) as an indoor commercial recreation use. (Restaurant, bar, and other entertainment uses would be subject to separate licensing requirements of the city and/or state.) (N) Health clubs; Shifted into permitted uses under Retail Services. (O) Pool or billiard halls; (P) Restaurants, cafeterias, and delicatessens located less than 250 feet from a residential structure or district; Hospitality uses, including eating and drinking establishments, hotels/motels, entertainment venues, indoor commercial recreation, and similar uses, where any portion of the subject property is located less than 250 feet from property zoned R-1 or R-2. Changed to track the listing used in the Permitted Use section. (Q) Theaters; This use would be incorporated into (C) Assembly uses and subject to that definition. (R) Establishments having more than 3 amusement devices as defined in § 111.025; (T) Hardware and building material supply store with outdoor lumber yard, where the lumber yard is screened in a manner approved by the City Council, and the hardware and building material supply store building contains at least 30,000 square feet of space; (U) Laboratories for medical research and testing (except research and testing which uses animals) that (This use would most often be located in a Business or Industrial Park as it does not deal directly with the end-user or customer/patient – the City provide services to health care providers; may want to delete it from this Disrict.) (V) Computer research and program development; This use would typically be interpreted to be included in Commercial Offices as a permitted use. (W) Pawnbroker businesses which comply with the requirements of §§ 111.285 through 111.302; [check code references] (X) Secondhand dealers that comply with the requirements of §§ 111.250 through 111.273; [check code references] (Y) Adult day-care centers, licensed under M.S. Chapter 245A, as it may be amended from time to time, and Minn. Rules, sections 9555.9600 through 9555.9730. [check MN Rules references] Some Day Care (in limited numbers) is allowed by Statute in residential areas. (Z) Solar energy systems, subject to the provisions of §152.187 This is not technically a use – it is a site improvement subject to its own set of performance standards. § 152.123 ACCESSORY USES. Subject to the provisions of §§ 152.175 through 152.186, the following accessory uses are permitted in the C District: [check code references] (A) Incidental repair, limited processing or storage necessary to conduct a permitted principal use if conducted within the principal structure, where such uses constitute no more than a total of 49% of the floor area of the structure, and for repair and/or processing, no more than 10% of the floor area of the structure. Synching this with the requirements of the Principal use section. (B) Private garages, off-street loading and unloading docks and facilities, parking lots, and related facilities for service and customer use directly related to the principal use. (C) Private swimming pools or other recreational facilities; Deleting this as more appropriate for residential uses. (D) Temporary mobile structures for construction purposes only. (E) Accessory buildings not exceeding 1 story in height, and which are constructed to be consistent with the architecture and exterior building materials of the principal building. Limiting such buildings to clarify architectural requirements. § 152.124 DIMENSIONAL REGULATIONS. No changes to this section proposed (see attached existing code language). § 152.125 GENERAL REGULATIONS. Property in the C District is also subject to the provisions of §§ 152.175 through 152.186. [check code references] LI Industrial District Section Existing Text to Remain Proposed Text (redlined) Issue/Discussion § 152.140 PURPOSE. The purpose of the LI 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, as well as both private and public utilities and existing development, and regulated to enhance the compatibility of light industrial uses and uses within the commercial and residential districts. The objective of the Light Industrial District is to provide appropriate locations for facilities that provide jobs and services to the community, and to the region, and help provide a stable property tax base to the City. Added a clause to indicate that the purpose of the district includes jobs and stable tax base. § 152.141 PERMITTED USES. The following uses are permitted within an LI District: (A) Light Industrial uses which include: manufacturing, research, testing, processing, assembly, fabrication, and treatment of materials, the products of which are distributed to other facilities for further storage, processing, or eventual distribution to the end users. Light Industrial uses do not include uses dominated by storage or warehousing, freight transfer, or delivery of goods to the end user on site. The primary principal use category is expanded to generalize the potential uses of industrial buildings. Additional entries (whether permitted, conditional, or accessory) will include specific provisions related to the particular use. (A) Automotive Motor Vehicle service and repair provided no junked, unlicensed, or inoperable vehicles autos are kept on the property; Expand the list to “motor vehicles”, and limit the language to ensure that vehicles are in working order and not merely stored for long- term parts or re-sale. (B) Cleaning, laundering and dry cleaning processing facilities, without direct retail transactions with the end users; A retail storefront would be located in a C District. (C) Construction Contractors offices, if equipment or materials are screened according to § 152.183. Any outdoor storage of equipment or materials for Construction Contractors shall constitute no more than 25% of the ground floor size of the principal building, and shall be no more than 8 feet in height; [check code reference] Add limitations on outdoor storage areas for such contractor yards. (D) Engraving and printing; Deleted and added to the general descriptive category. (E) Laboratories for research and testing; Included in the General list of uses. (F) Manufacturing of artists supplies, boats, building materials, confectionery goods, canvas, canvas products, cork products, dry goods, electric motors, generators, transformers, controls and components, electronics products and service, food stuffs (except meatpacking or slaughtering), furniture, glass, clay and ceramics products (not involving a blast furnace), leather products (not involving the tanning or processing of hides), machinery, machine tools, optical goods, photographic products and film processing (except film manufacture), secondary plastics products, including molding and injection processes, rubber products except primary rubber manufacturing, signs, and sporting goods; Deleted and included in the General list. (G) Millworks; Deleted and included in the General list. (H) Commercial Offices for administrative purposes as a principal use or as a function of an industrial enterprise and non-retail businesses; and Generalize the office category. (I) Warehouses, wholesalers or distributors for products permitted under division (F) above or for alcoholic beverages, chemicals, soaps, detergents, drugs, cosmetics, pharmaceuticals and toiletries, dry goods, meat and meat products, paper, paper products, steel goods, metal products which are rolled, drawn, stamped, extruded or cast, tile, brick, terra cotta, tires, automotive products, and wood products. Delete this category as a principal use, and add warehousing as an accessory use with limitations. § 152.142 PERMITTED CONDITIONAL USES. The following uses are permitted allowed in an LI District only by a conditional use permit issued by the City Council: Delete “Permitted” to avoid confusion with the prior category of use. (A) Drug, cosmetic, pharmaceutical, and toiletries manufacture; (B) Canning or bottling other than malt products; Does the City still wish to prohibit bottling of malt products? (C) Enameling, painting, varnishing, lacquering, and japanning; Finish coat applications utilizing chemical or mechanical processes which have the potential for emissions or sanitary wastewater treatment impacts. Change the labelling to generalize the activity. (D) Freight terminals; Deleted as these uses are truck traffic (and trailer storage) driven, and problematic for the current design and layout of the City’s industrial district. (E) Meat packing which does not include the slaughtering of any kind of animal; Although this is a form of processing, the specific reference to meat packing would remove it from the General Permitted use category. (F) Steel or metal goods manufacturing processes, not involving blast furnace processes; Although this is a form of processing, the specific reference to meat packing would remove it from the General Permitted use category. (G) Catering operations and in-house cafeterias not intended for retail or public use; These uses are often included by CUP to regulate the issuance of alcohol service as a part of the catering activity. The “in- house” reference is removed here and added in as an accessory use. (H) Day-care center without drive- through facilities. § 152.143 ACCESSORY USES. Subject to the provisions of §§ 152.175 through 152.186, the following uses are permitted accessory uses in the LI District: [check code references] (A) Storage sheds Accessory buildings which do not exceed 1 story in height and which have been approved by the City Council as to size and design are constructed of materials consistent with those of the principal building. Update language, and reference building materials for accessory buildings. (B) Buildings temporarily located on the premises for purposes of construction for a period not to exceed completion of construction. (C) Solar energy systems, subject to the provisions of 152.187 This is not a use, and the Code section referenced regulates their installation details. (D) Parking, loading, and related activities, Semi-trailers are permitted in designated loading areas, provided they are actively loading or unloading. Specifically lists parking and loading as an allowed accessory use. (E) Semi trailer and truck parking, provided such parking occupies no more than 20% of the subject property. Semi trailers shall not be utilized for the storage of goods or materials. Limits the amount of semi trailer storage on a site, and prohibits utilizing such trailers as de facto storage. § 152.144 DIMENSIONAL REGULATIONS. (A) Height. No structure may exceed 35 50 feet in height or contain more than 3 stories. The 35 foot height limit is out of date with contemporary industrial building standards. (B) Lot area and width. The minimum lot area is 15,000 square feet, and the minimum lot width is 100 feet. (C) Front yard. The front yard must have a depth equal to 20 the greater of 40 feet or a distance equal to the average of the setbacks of structures on the 2 adjoining lots. The change from 40 feet to 20 feet permits expansion of many of the current industrial buildings which would otherwise be limited by their current property boundaries. (D) Side yards. Side yards on interior lots must be at least 15 feet each. Side yards adjoining a street must be at least 40 feet. No change – fire code and utility issues likely make any reduction infeasible. (E) Rear yards. The rear yard must be at least 15 feet in depth. No change – fire code and utility issues likely make any reduction infeasible (F) Floor area ratio. The floor area ratio in the LI District may not exceed 1.5. (G) Setbacks from residential districts. There must be a setback of at least 20 feet from any property in a residential district, within which setback area parking, storage, and/or loading facilities are excluded. This existing language primarily impacts the parking and loading areas on an industrial parcel. C GENERAL COMMERCIAL DISTRICT § 152.120 PURPOSE. The C District is intended 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. (1993 Code, § 1635.01) § 152.121 PERMITTED USES. Within a C District, only the following uses are permitted: Accountants Antique shops Appliance stores Architects Art galleries Art or school supply stores Artists Attorneys Auto accessory or parts stores Bakeries which sell at retail only Banks and savings and loan associations without drive-through facilities Barber and beauty shops Beverage stores for the sale of beverages for consumption off the premises Bicycle sales and service stores Bonding companies Zoning Code 69 Book or stationery stores Bus stations of the Metropolitan Transit Commission Camera or photographic supply stores Candy, ice cream, soft drink or confectionery stores without drive-through facilities Carpet, rug and floor covering stores China and glassware stores Clothing stores Coffee houses without drive-through facilities Consultants Costume and formal wear rental stores Curtain and drapery stores Day-care centers without drive-through facilities Department, discount or variety stores Drug stores Dry cleaning, laundry and laundromat operations Educational and scientific research offices excluding laboratory facilities Electrical appliance stores Electronics stores Employment agency offices Fabric stores Florists Funeral homes and mortuaries Furniture stores Garden supply stores Gift shops Government offices Grocery stores which do not have products or produce offered for sale outside the building Hardware, paint, wallpaper and home decorating stores Hobby stores Insurance agents 70 St. Anthony - Land Usage Jewelry stores Libraries Locksmiths Luggage (retail) stores with no tanning of animal hides done on the premises Meat stores and butcher shops Museums Music and record stores Music schools and dance schools Office supply and equipment stores Pet stores where all pets are caged within the structure and where there are no external offensive noises or odors Photographic studios Physicians, dentists and health care professionals, including optometrists, chiropractors, chiropodists and osteopaths, therapists, and physical culture and health service or club, reducing club or salon or therapeutic massage studio, as defined in Subsection 575.01 Pipe and tobacco shops Postal substations Radio studios without towers Realtors and other brokers Rental businesses Restaurants without drive-through facilities located more than 250 feet from a residential structure or district Sewing machine sales and service shops Shoe stores and shoe repair shops Sporting goods stores Tailors Taxi stands without maintenance facilities Toy stores Travel agencies Upholstery shops Veterinary clinics (1993 Code, § 1635.02) Zoning Code 71 § 152.122 PERMITTED CONDITIONAL USES. The following uses are permitted in the C District only by conditional use permit issued by the City Council: (A) Sexually-oriented businesses which comply with the requirements of Chapter 110; (B) A use permitted under § 152.121 except for the fact that it has a drive-through facility; (C) Assembly, club or lodge; (D) Auto repair which includes no storage of autos for parts; (E) Bus stations of the Metropolitan Transit Operations; (F) Car washes; (G) Gasoline station; (H) Liquor stores and lounges; (I) Motels; (J) Video tape sales and rentals; (K) Body tanning salons; (L) Establishments primarily for the sale of beverages for consumption on the premises; (M) Bowling alleys; (N) Health clubs; (O) Pool or billiard halls; (P) Restaurants, cafeterias, and delicatessens located less than 250 feet from a residential structure or district; (Q) Theaters; (R) Establishments having more than 3 amusement devices as defined in § 111.025; (S) Motorcycle sales and accessories; 72 St. Anthony - Land Usage (T) Hardware and building material supply store with outdoor lumber yard, where the lumber yard is screened in a manner approved by the City Council, and the hardware and build ing material supply store building contains at least 30,000 square feet of space; (U) Laboratories for medical research and testing (except research and testing which uses animals) that provide services to health care providers; (V) Computer research and program development; (W) Pawnbroker businesses which comply with the requirements of §§ 111.285 through 111.302; (X) Secondhand dealers that comply with the requirements of §§ 111.250 through 111.273; and (Y) Adult day-care centers, licensed under M.S. Chapter 245A, as it may be amended from time to time, and Minn. Rules, sections 9555.9600 through 9555.9730. (Z) Solar energy systems, subject to the provisions of §152.187. (1993 Code, § 1635.03) (Am. Ord. 2012-11) (Am. Ord. 2015-04) § 152.123 ACCESSORY USES. Subject to the provisions of §§ 152.175 through 152.186, the following accessory uses are permitted in the C District: (A) Incidental repair, limited processing or storage necessary to conduct a permitted principal use if conducted within the principal structure; (B) Private garages, off-street loading and unloading docks and facilities; (C) Private swimming pools or other recreational facilities; (D) Temporary mobile structures for construction purposes only; and (E) Accessory buildings not exceeding 1 story in height. (1993 Code, § 1635.04) § 152.124 DIMENSIONAL REGULATIONS. (A) Height. No structure may exceed 35 feet in height or contain more than 3 stories. (B) Lot area and width. The minimum lot area is 15,000 square feet, and the minimum lot width is 100 feet, except as allowed in §152.227. (C) Floor area ratio. The floor area ratio within the C District may not exceed 1.0. Zoning Code 73 (D) Front yards. The front yard must have a depth equal to the greater of 35 feet or a distance equal to the average of the front yard depths on the 2 adjacent lots. (E) Side yards. Interior side yards must be at least 10 feet in width, except where a common wall meeting fire code requirements is provided between 2 buildings. Side yards adjoining a street must be at least 35 feet. (F) Rear yards. The rear yard must have a depth of at least 20 feet, or at least 25 feet if there is an alley. (G) Setbacks from residential districts. There must be a setback area of not less than 20 feet from any property in a residential district within which setback area parking, storage, and/or loading facilities are excluded. (H) Shopping centers. The minimum yards set forth in this section will not apply to any lot line of a lot in a shopping center if the lot line adjoins either another lot within the shopping center or a driveway or parking area within the shopping center, and the City Council has approved a site plan for a build ing to be constructed on the lot with a different setback from the lot line. In those cases, the setback approved by the City Council shall apply so long as the building exists on the lot. For purposes of this division (H), a SHOPPING CENTER means any group of 4 or more retail or service establishments totaling a minimum floor area of 75,000 square feet, on 1 or more contiguous tracts of land in single ownership, or in multiple ownership but subject to a reciprocal easement agreement governing common access and parking. (1993 Code, § 1635.05) § 152.125 GENERAL REGULATIONS. Property in the C District is also subject to the provisions of §§ 152.175 through 152.186. (1993 Code, § 1635.06) LI LIGHT INDUSTRIAL DISTRICT § 152.140 PURPOSE. The purpose of the LI 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. (1993 Code, § 1640.01) Zoning Code 73 (D) Front yards. The front yard must have a depth equal to the greater of 35 feet or a distance equal to the average of the front yard depths on the 2 adjacent lots. (E) Side yards. Interior side yards must be at least 10 feet in width, except where a common wall meeting fire code requirements is provided between 2 buildings. Side yards adjoining a street must be at least 35 feet. (F) Rear yards. The rear yard must have a depth of at least 20 feet, or at least 25 feet if there is an alley. (G) Setbacks from residential districts. There must be a setback area of not less than 20 feet from any property in a residential district within which setback area parking, storage, and/or loading facilities are excluded. (H) Shopping centers. The minimum yards set forth in this section will not apply to any lot line of a lot in a shopping center if the lot line adjoins either another lot within the shopping center or a driveway or parking area within the shopping center, and the City Council has approved a site plan for a building to be constructed on the lot with a different setback from the lot line. In those cases, the setback approved by the City Council shall apply so long as the building exists on the lot. For purposes of this division (H), a SHOPPING CENTER means any group of 4 or more retail or service establishments totaling a minimum floor area of 75,000 square feet, on 1 or more contiguous tracts of land in single ownership, or in multiple ownership but subject to a reciprocal easement agreement governing common access and parking. (1993 Code, § 1635.05) § 152.125 GENERAL REGULATIONS. Property in the C District is also subject to the provisions of §§ 152.175 through 152.186. (1993 Code, § 1635.06) LI LIGHT INDUSTRIAL DISTRICT § 152.140 PURPOSE. The purpose of the LI 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. (1993 Code, § 1640.01) 74 St. Anthony - Land Usage § 152.141 PERMITTED USES. The following uses are permitted within an LI District: (A) Automotive service and repair provided no junked autos are kept on the property; (B) Cleaning, laundering and dry cleaning facilities; (C) Contractors offices, if equipment or materials are screened according to § 152.183; (D) Engraving and printing; (E) Laboratories for research and testing; (F) Manufacturing of artists supplies, boats, building materials, confectionery goods, canvas, canvas products, cork products, dry goods, electric motors, generators, transformers, controls and components, electronics products and service, food stuffs (except meatpacking or slaughtering), furniture, glass, clay and ceramics products (not involving a blast furnace), leather products (not involving the tanning or processing of hides), machinery, machine tools, optical goods, photographic products and film processing (except film manufacture), secondary plastics products, including molding and injection processes, rubber products except primary rubber manufacturing, signs, and sporting goods; (G) Millworks; (H) Offices for administrative purposes and non-retail businesses; and (I) Warehouses, wholesalers or distributors for products permitted under division (F) above or for alcoholic beverages, chemicals, soaps, detergents, drugs, cosmetics, pharmaceuticals and toiletries, dry goods, meat and meat products, paper, paper products, steel goods, metal products which are rolled, drawn, stamped, extruded or cast, tile, brick, terra cotta, tires, automotive products, and wood products. (1993 Code, § 1640.02) § 152.142 PERMITTED CONDITIONAL USES. The following uses are permitted in an LI District only by a conditional use permit issued by the City Council: (A) Drug, cosmetic, pharmaceutical, and toiletries manufacture; (B) Canning or bottling other than malt products; (C) Enameling, painting, varnishing, lacquering, and japanning; 2011 S-3 Repl. Zoning Code 75 (D) Freight terminals; (E) Meat packing which does not include the slaughtering of any kind of animal; (F) Steel or metal goods manufacturing processes, not involving blast furnace processes; (G) Catering operations and in-house cafeterias not intended for retail or public use; (H) Day-care center without drive-through facilities. (1993 Code, § 1640.03) (Am. Ord. 2011-004, passed 6-28-2011) (Am. Ord. 2012-11) § 152.143 ACCESSORY USES. Subject to the provisions of §§ 152.175 through 152.186, the following uses are permitted accessory uses in the LI District: (A) Storage sheds which do not exceed 1 story in height and which have been approved by the City Council as to size and design; and (B) Buildings temporarily located on the premises for purposes of construction for a period not to exceed completion of construction. (1993 Code, § 1640.04) (C) Solar energy systems, subject to the provisions of 152.187 § 152.144 DIMENSIONAL REGULATIONS. (A) Height. No structure may exceed 35 feet in height or contain more than 3 stories. (B) Lot area and width. The minimum lot area is 15,000 square feet, and the minimum lot width is 100 feet. (C) Front yard. The front yard must have a depth equal to the greater of 40 feet or a distance equal to the average of the setbacks of structures on the 2 adjoining lots. 2011 S-3 76 St. Anthony - Land Usage (D) Side yards. Side yards on interior lots must be at least 15 feet each. Side yards adjoining a street must be at least 40 feet. (E) Rear yards. The rear yard must be at least 15 feet in depth. (F) Floor area ratio. The floor area ratio in the LI District may not exceed 1.5. (G) Setbacks from residential districts. There must be a setback of at least 20 feet from any property in a residential district, within which setback area parking, storage, and/or loading facilities are excluded. (1993 Code, § 1640.05) R/O RECREATIONAL/OPEN SPACE DISTRICT § 152.155 PURPOSE. The purpose of the R/O District is 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. (1993 Code, § 1645.01) § 152.156 PERMITTED USES. Only the following uses are permitted in the R/O District: (A) Outdoor or indoor recreational facilities and their supporting structures operated by a governmental agency, a private, nonprofit service organization or conservation group, including, but not limited to, lodges, kitchens, dining halls and supporting restaurants, dormitories, and golf courses; (B) Trails and pathways for pedestrians and non-motorized means of transit; (C) Cemeteries; and (D) Schools and government buildings. (1993 Code, § 1645.02) 2011 S-3