HomeMy WebLinkAboutPL PACKET 03152022CITY OF SAINT ANTHONY VILLAGE
PLANNING COMMISSION MEETING AGENDA
Tuesday, March 15, 2022 at 7:00 PM
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 02 -15 -2022.PDF
Public Hearing
CUP - Fence Variance - 2812 27th Ave
Steve Grittman, City Planner, presenting.
COVER MEMO.PDF
APPLICATION.PDF
PUBLIC HEARING NOTICE CUP 2812 27TH AVE.PDF
Code Amendments Revisions
Steve Grittman, City Planner, presenting.
COVER MEMO.PDF
C -I CODE REVISION TABLE.PDF
PUBLIC HEARING NOTICE LI AND C DISTRICTS.PDF
Staff Reports
Other Business
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, April 19, 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:
B.
Documents:
VII.
VIII.
IX.
X.
XI.
CITY OF SAINT ANTHONY VILLAGEPLANNING COMMISSION MEETING AGENDATuesday, March 15, 2022 at 7:00 PMJoin 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 02 -15 -2022.PDFPublic HearingCUP- Fence Variance - 2812 27th Ave Steve Grittman, City Planner, presenting.COVER MEMO.PDFAPPLICATION.PDFPUBLIC HEARING NOTICE CUP 2812 27TH AVE.PDFCode Amendments RevisionsSteve Grittman, City Planner, presenting.
COVER MEMO.PDF
C -I CODE REVISION TABLE.PDF
PUBLIC HEARING NOTICE LI AND C DISTRICTS.PDF
Staff Reports
Other Business
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, April 19, 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:B.Documents:
VII.
VIII.
IX.
X.
XI.
1 CITY OF ST. ANTHONY
2 PLANNING COMMISSION MEETING
3
4 FEBRUARY 15, 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:Chair Socha, Commissioners Erickson, Gaveske, Hendrickson,
18 Kuykendall, Morita, and Rude (arrived at 7:50 p.m.).
19
20 Absent:None.
21
22 Also Present: City Planner Stephen Grittman, Assistant to the City Manager Nicole
23 Miller and Student Liaison ___________.
24
25 I.APPROVAL OF THE FEBRUARY 15, 2022 PLANNING COMMISSION MEETING
26 AGENDA.
27
28 Motion by Commissioner Hendrickson, seconded by Commissioner Erickson, to approve the
29 February 15, 2022 Planning Commission agenda.
30
31 Motion carried 6-0.
32
33 II.APPROVAL OF THE JANUARY 18, 2022 REGULAR PLANNING COMMISSION
34 MEETING MINUTES.
35
36 Motion by Commissioner Erickson, seconded by Commissioner Hendrickson, to approve the
37 January 18, 2022, Regular Planning Commission Meeting Minutes.
38
39 Motion carried 6-0.
40
41 III.PUBLIC HEARING
42
A.43 Consider Applicant request to re-guide the parcel located at 2501 Lowry Avenue NE
44 from High-Density Residential to Low-Density Residential.
45
46 Chair Socha opened the public hearing at 7:10 p.m.
47
48 City Planner Grittman reviewed the applicant is requesting that the City re-guide the subject
49 property from High-Density Residential to Low-Density Residential, a change to the 2040
50
Planning Commission Regular Meeting Minutes
February 15, 2022
Page 2
1 Comprehensive Plan. The parcel (2501 Lowry Avenue NE – Urban Grove) is shown on the
2 zoning map provided and the 2040 Future Land Use map, also provided. The property
3 consists of approximately 11 acres after the subdivision of the westerly 4+ acres for
4 development of a senior housing project. The 2040 Comprehensive Plan describes High
5 Density Residential as a land use category that would expect to be developed at densities
6 between 20 and 40 units per acre. The Low-Density Residential category is expected to be
7 developed at densities between 2 and 4 units per acre. The plan includes a “Medium-Density”
8 category with a range from 4 to 20 units per acre.
9
10 The applicant seeks a Low-Density designation as being consistent with the long-standing
11 zoning of the property as R-1, Single Family Residential. Land Use refers to the general type
12 and intensity of use. Zoning is a specific designation that manages the use, and extent of
13 developed land.
14
15 For Zoning Map amendments (rezoning), the City conducts a public hearing by the Planning
16 Commission, after which the zoning amendment is considered by the City Council as an
17 ordinance. If approved, it is adopted and the map is amended.
18
19 Mr. Grittman stated for Comprehensive Plan amendments, the process is more complex. The
20 Planning Commission holds the public hearing, and the City Council then is asked to approve
21 the amendment for the purposes of notifying adjoining or affected jurisdictions (neighboring
22 cities, watershed districts, school districts, affected state agencies, etc.). The jurisdictions have
23 up to 6 months to comment on the proposed amendment. Once comments are received, the
24 City decides how to respond to the comments, and then sends the proposed amendment (with
25 the comments and responses) to the Metropolitan Council for review and comment. The Met
26 Council is responsible for reviewing the document for its consistency with regional plans
27 adopted by the Council. The Met Council will review the proposed impacts on several factors,
28 including population projections, road and traffic considerations, impacts on regional parks,
29 housing (and affordable housing impact), and sanitary sewer impacts – among others.
30
31 The process parallels the original adoption of the 2040 plan, which was prepared under the
32 requirements of the Met Council as well. For the 2040 plan to be approved, the City was
33 required to show how its future land use plan provided adequate land areas for the population
34 and housing projections made by Met Council, along with the City’s required allocation of
35 affordable housing units, also assigned by Met Council.
36
37 At the time the Comprehensive Plan was being prepared, there were no specific
38 redevelopment plans for the subject property. The property owner had removed most of the
39 buildings in the manufactured home park, but for a few retained homes and a few
40 common/maintenance buildings. The City adopted its new land use plan with newly revised
41 density allowances (between 20 and 40 units per acre) while at the same time, the property
42 owner was preparing the site for redevelopment. Planning staff is unaware of any specific
43 redevelopment plans provided to the City in the form of redevelopment or zoning applications
44 or site plan requests during this period, and no formal applications were made.
45
Planning Commission Regular Meeting Minutes
February 15, 2022
Page 3
1 After a series of back-and-forth negotiations with Met Council Staff, the Met Council
2 formally approved the Comprehensive Plan in April of 2020 – although the formal
3 submissions were occurring during the previous 12 months. Also during this period, the
4 property owner began redevelopment of the property as a manufactured home park. The City
5 considered the manufactured home park a continuing “grandfathered” use since there had
6 been some buildings retained during the period that the park appeared to be mostly closed.
7 The only formal land use application made during this period was for the subdivision
8 removing the westerly 4+ acres from the bulk of the property, which is currently under
9 development of a senior housing project.
10
11 Chair Socha asked Mr. Grittman to explain what the Met Council is expecting from St.
12 Anthony as far as goals. Mr. Grittman stated St. Anthony is considered an urban community.
13 Met Council requires new development average at least 10 units per acre. The further you
14 move out the lower the density. The 2040 growth goal was in the 500’s over the unit count.
15 Mr. Grittman does not have the specific numbers at this time. The affordability is also part of
16 these goals. There are targets that must be met.
17
18 The applicant is seeking a revision to the Land Use Plan, redesignating the land from High to
19 Low-Density Residential. To pursue this amendment, the City will need to revise more than
20 the map, since the map is directly tied to many of the numbers used elsewhere in the plan for
21 sewer, traffic, and most notably housing. Because the Comprehensive Plan was approved with
22 a fixed requirement for new housing units, and a component of affordable units, the land use
23 guidance for this site afforded the opportunity to assign several of those unit applications. The
24 Met Council Staff’s approval memorandum for the City’s 2040 Plan required the City to
25 adopt an affordable unit allocation for 2020 – 2030 of 153 affordable housing units.
26
27 Re-guiding the subject property to Low Density Residential would remove a significant
28 portion of those affordable units from the 2020-2030 and 2030-2040 Plan inventory, and they
29 would likely have to be reallocated to other sites. It is not clear how this might occur, and
30 would require some presumably extensive discussions with the City for suitable locations, as
31 well as with Met Council Staff. In that regard, it is possible that some or all of the replaced
32 manufactured homes may qualify for a portion of that allocation, but because there is no
33 specific development approval for the site, the mechanism for ensuring that is not clear at this
34 point.
35
36 Chair Socha asked if the mobile home park was legal non-conforming because it is zoned
37 single-family and they are putting in a higher density than the zoning allows. Mr. Grittman
38 stated because they retained some of that activity the City has taken the position it can be re-
39 established.
40
41 Before Staff undertakes the extensive research and Met Council discussions required to
42 pursue and ascertain the extent of other changes necessary to accomplish the applicant’s
43 request, a determination as to whether the City considers that effort to be in the interest of the
44 City’s 2040 Plan overall and its land use goals and objectives. While the property owner is
45 concerned that the Hennepin County Assessor is incented to raise property value (and
Planning Commission Regular Meeting Minutes
February 15, 2022
Page 4
1 property taxes) on the parcel, the land use implications for the City are separate from that
2 interest.
3
4 City Planner Grittman reviewed Staff recommends the Planning Commission forward the
5 application for a Comprehensive Plan Amendment to the City Council re-guiding the subject
6 property from High Density Residential to Medium Density Residential, rather than the Low
7 Density Residential requested by the applicant. This recommendation is made based on
8 findings that while the current zoning designation on the City’s Zoning Map and the land use
9 designation in the City’s 2040 Land Use Plan are not consistent, neither is consistent with the
10 actual intended use of the property as a Manufactured Home Park, the stated intent of the
11 owner/applicant and the current use as it is being developed. The proposed use will result in a
12 residential density of approximately 8 units per acre, within the 4-20 units per acre range for
13 Medium Density in the City’s 2040 Plan. The pursuit of a Medium Density designation would
14 require changes necessary to the 2040 Plan would be a part of the applicant’s land use
15 application escrow, rather than a direct City cost.
16
17 Alternatives for the Commission would be as follows:
1.18 Recommend denial of the Comprehensive Plan Amendment.
2.19 Recommend approval of the Medium-Density designation as requested by the applicant.
3.20 Table action on the proposal, subject to additional information from Staff or the Applicant
21 as requested by the Commission.
22
23 Also provided for Commission review was a Location Map, Application and Supporting
24 Material. Also provided was a memorandum providing the prior discussion of potential
25 amendment of uses in the City’s Commercial and Industrial Zoning Districts, and adds a table
26 -form list of proposed amended language for Planning Commission consideration.
27
28 Commissioner Hendrickson asked if this is the same developer that previously proposed a
29 high-density building on this site. Mr. Grittman stated it is the same owner but a different
30 development company.
31
32 Commissioner Kuykendall asked if the number of units on the site would be low-density and
33 Mr. Grittman stated they would be right at the threshold of low-density currently. It is
34 conceivable the owner would stop adding units to the property. Commissioner Kuykendall
35 asked with the current number of units on the site how far off the Comprehensive Plan would
36 it be. Mr. Grittman stated it would probably be 130 units short for that target area.
37
38 Commissioner Erickson stated it seems that the applicant’s major concern is having the
39 guidance changed to reduce their property value/property taxes. He noted he is a tax assessor.
40 He did some comparisons for other mobile home parks. If the assessor valued the property
41 the land value would be significantly higher than $12.50/square foot. The property is being
42 valued as a manufactured home park. By changing the guidance it should not do anything to
43 the property value or property taxes. Mr. Grittman stated the Applicant fears an increase to the
44 property value/property taxes. The concern is that when looking at highest and best use, the
45 tax assessor could increase the value based on the Comprehensive Plan guidance.
46 Commissioner Erickson stated it appears it is being valued as a mobile home park.
Planning Commission Regular Meeting Minutes
February 15, 2022
Page 5
1
2 Commissioner Morita summarized the Commission has 3 options to approve or reject or table
3 action. The decision is what does the City want for that space to be. The Commission should
4 be doing what is right for the City. Mr. Grittman stated that would be the Planning
5 Commission’s normal approach.
6
7 Chair Socha stated if the Planning Commission denies this, the Applicant can still go ahead
8 with the project because it is non-conforming and a substantial change would be made to the
9 Comprehensive Plan. Her personal feeling is that there is no good reason to change the Comp
10 Plan. There are very few projects as a manufactured home that are affordable. She does not
11 see it being in the City’s best interest or in the Met Council’s goal. There are two land uses
12 and asked if there is a zoning that would accommodate two land uses. She would like to see it
13 zoned high-density. She asked if there could be a mixed zoning consisting of high-density
14 and medium-density. Mr. Grittman stated the R-4 District it would accommodate up to high-
15 density units.
16
17 Commissioner Morita asked if the Commission’s role is only to address the current
18 application. Chair Socha stated the Commission could deny the application and recommend
19 rezoning to R-4 District.
20
21 Commissioner Kuykendall asked if R-4 is considered the same as medium-density. Mr.
22 Grittman stated R-4 allows all uses permitted or conditional up to high-density multi-family,
23 including townhouses. Commissioner Kuykendall stated that would allow the current
24 development and expand as they see fit.
25
26 Chair Socha stated the topic of rezoning would be done adjacent to consider of the
27 application.
28
29 Commissioner Hendrickson stated she does not believe it is in the best interest of the City and
30 would cost a lot of money for the rezoning.
31
32 Chair Socha closed the public hearing at 7:44 p.m.
33
34 Motion by Commissioner Kuykendall, seconded by Commissioner Erickson, to recommend
35 denial of the application due to the Commission not finding it to be in the best interest of the
36 City due to the cost in proceeding with the Comprehensive Plan and no apparent benefit to the
37 City. It is contrary to the goals of the Met Council and the 2040 Comprehensive Plan.
38
39 Motion carried 6-0.
40
41 Motion by Commissioner Morita, seconded by Commissioner Erickson, to reject the
42 application with the caveat to further discuss rezoning of the property.
43
44 Motion carried 6-0.
45
46 Commissioner Rude joined the meeting at 7:50 p.m.
Planning Commission Regular Meeting Minutes
February 15, 2022
Page 6
1
2 Chair Socha asked Mr. Grittman how would it look procedurally for the City Council to hold
3 a public meeting. Mr. Grittman stated he recommends the Commission recommend to City
4 Council to call for a public hearing to consider rezoning of the property to a higher residential
5 zoning district.
6
7 Motion by Chair Socha, seconded by Commissioner Erickson, to recommend the City Council
8 call a public hearing for the topic of rezoning the map for this area to R-4.
9
10 Motion carried 6-0-1 (Commissioner Rude abstained).
11
12 IV.STAFF REPORTS – NONE.
13
14 V.OTHER BUSINESS.
15
A.16 Potential Amendment of Uses in the City’s Commercial and Industrial Zoning
17 Districts.
18
19 Mr. Grittman provided a memorandum containing the prior discussion of potential
20 amendment of uses in the City’s Commercial and Industrial zoning districts, and adds a table-
21 form list of proposed amended language for Planning Commission consideration. There are
22 references in the Comprehensive Plan related to this review, and the current districts are vague
23 and in some cases archaic in their language. Changes to consider would be to usage and goals
24 for each of the two districts. The purpose of the Zoning Ordinance is to implement the goals
25 of the Comprehensive Plan, but often, it is the Zoning Ordinance that does the “heavy lifting”
26 of purpose and general nature of these districts.
27
28 The table provided includes current language and proposed changes in redline. Text that is
29 proposed to carryover from the existing code is referenced in the second column. The third
30 column includes changes to each of the proposed sections. The fourth column provides some
31 commentary explaining the purpose of the changes. At this time the boundaries of these
32 districts will not be addressed. The Comprehensive Plan’s recommendations are to retain the
33 existing zoning pattern, with the primary change being a consideration of integrating more
34 residential development into the commercial zones.
35
36 Mr. Grittman stated there is no time pressure so this could be reviewed for some time. He
37 reviewed some of the types of businesses that fall under the Commercial District. He did the
38 same for the Industrial District.
39
40 Mr. Grittman stated the Planning Commission is asked to provide comments and thoughts on
41 the proposals, after which Staff will prepare formal ordinance amendments for a public
42 hearing.
43
44 Commissioner Hendrickson asked about the conditions for the Commercial District and
45 referred to hospitality uses and in particular eating and drinking facilities are required to be
46 outside 250 feet from R-1 or R-2 whereas some other Commercial uses are not. She asked
Planning Commission Regular Meeting Minutes
February 15, 2022
Page 7
1 what is driving that as it would be more desirable to have these types of uses close to R-1 or
2 R-2. Mr. Grittman stated he did not list everything in the uses. The condition comes out of the
3 Code for restaurants and they are allowed by a Conditional Use Permit to be within that
4 buffer.
5
6 Chair Socha asked what benefit is there for having the 250 feet condition for restaurants.
7 Some hospitality businesses can be loud and bothersome to neighbors while others would like
8 businesses closer to homes.
9
10 Commissioner Rude stated he is confused with the language involving a drive-thru. Mr.
11 Grittman stated he will work on that language.
12
13 Commissioner Erickson asked if the new language is standard new language for zoning. Mr.
14 Grittman stated it was written by Staff.
15
16 Commissioner Rude stated on the second page #7 medical, dental, veterinarian related and
17 asked if they require a CUP. Mr. Grittman stated they are permitted. Commissioner Rude
18 asked if a COVID testing facility were to rent space in a Commercial District would they need
19 a Conditional Use Permit.
20
21 Commissioner Rude asked about item D – auto and noted this is a conditional use. He stated
22 he could name two businesses in violation right now – Goodyear and Northland with cars
23 parking in front of the buildings. They would need a conditional use permit to park in front.
24 He likes the setbacks of the buildings. He would like the Code not to read people cannot park
25 in front of the building. Mr. Grittman stated there have been problems with these types of uses
26 where there are many cars parked that they may not be working on. The storage of vehicles
27 awaiting repair the intent was to put them behind the building. There was no intent to change
28 any of the building setbacks.
29
30 Chair Socha asked for clarification on display or outdoor storage of vehicles. Mr. Grittman
31 stated display is for uses selling vehicles and storage are vehicles awaiting repair.
32
33 Commissioner Rude suggested the word “temporary” be used for pickup in the front or for
34 display. Mr. Grittman stated there could be a 24 or 48 hour limitation but that may be an issue
35 with enforcement.
36
37 Commissioner Morita asked how this would affect current businesses. Mr. Grittman stated
38 existing businesses that are using property legally they would be grandfathered and allowed.
39 Commissioner Morita stated new uses could apply for a Conditional Use Permit.
40
41 Commissioner Rude stated he agreed. If there are complaints they can be looked at on an
42 individual basis.
43
44 Commissioner Kuykendall referred to semi-trailer parking. He stated buses and street trucks
45 need to be addressed. Mr. Grittman stated currently the language would not allow buses.
46
Planning Commission Regular Meeting Minutes
February 15, 2022
Page 8
1 Chair Socha stated there is not a consensus on how to fine tune the portion referring to selling
2 cars. Mr. Grittman would like to think about that more.
3
4 Chair Socha requested a discussion about car washes. The wording about screening and noise
5 seems strict. Mr. Grittman stated it is related to the recent experience and one of the
6 difficulties with the application that came forward was carwashes were listed as conditional
7 use permit but there were no specific standards assigned to that CUP. It would be useful to
8 have some specific standards should future requests come in for a carwash particularly in
9 regard to the noise and the lights. Commissioner Rude suggested a distance be added
10 regarding noise and lights for carwashes. Mr. Grittman noted the conditions could be met and
11 pertain to adjoining residential property. Commissioner Rude suggested adding the same
12 wording to #3. Commissioner Morita suggested keeping #3 as is and the rest of the
13 Commission agreed. Commissioner Rude suggested #2 and #4 be changed removing
14 “adjoining residential property”. Chair Socha stated offices generally operate during the day
15 which would not be the case for carwashes. Commissioner Rude stated there needs to be
16 restrictions on what is being controlled and could be solved with a noise or lighting ordinance
17 for all businesses. Mr. Grittman stated there are noise standards set by the Pollution Control
18 Agency. They are not always easy to measure.
19
20 Commissioner Rude suggested charging stations be added to (G) Motor fuel station. Mr.
21 Grittman stated as time goes on charging stations will convert to be close to fuel stations.
22 Commissioner Hendrickson stated a charging station will be more integrated into other
23 businesses as accessories. Mr. Grittman stated currently there is no regulation to EV Charging
24 Stations. Commissioner Hendrickson asked if Cub Foods wanted to put in EV Charging
25 Stations would a conditional use permit be needed. Mr. Grittman stated probably not for one
26 or two and the impact of more units would need to be managed. Commissioner Morita stated
27 there does not to be additional language added to (G). Commissioner Hendrickson suggested
28 Staff look at other city’s ordinances to see how they handle EV charging stations. Mr.
29 Grittman stated he will research further.
30
31 Commissioner Hendrickson asked if the last discussion on micro-breweries is indicated in the
32 redline and Mr. Grittman stated he did not add the results of those discussions but will do so.
33
34 VI.COMMUNITY FORUM.
35
36 No one appeared to address the Planning Commission.
37
38 VII.INFORMATION AND ANNOUNCEMENTS.
39
40 Commissioner Morita stated he attended the last City Council Meeting and presented the
41 request for new sign at the High School. The City Council thanked the Planning Commission
42 for their work.
43
44 Mr. Grittman stated the Bremer/Interstate development was approved by the City Council.
45
46 VIII. ADJOURNMENT.
Planning Commission Regular Meeting Minutes
February 15, 2022
Page 9
1
2 Motion by Commissioner Erickson, seconded by Commissioner Rude, to adjourn the meeting
3 at 9:00 p.m.
4
5 Motion carried 7-0.
6
7 Respectfully submitted,
8 Debbie Wolfe
9 TimeSaver Off Site Secretarial, Inc.
10
MEMORANDUM
To:St. Anthony Village Planning Commission
From:Stephen Grittman, City Planner
Date:Planning Commission Meeting - March 15, 2022
NAC Project No.323.01 – 22.03
Request:Request for Conditional Use Permit - Front Yard Fence Height
Requirement for a Commercial Use
Property Address:2812 27th Avenue NE
Property PID:07-029-23-24-0031
BACKGROUND AND STAFF RECOMMENDATION
Tom Archambault, on behalf of BLVD Autoworks, is proposing to replace an existing six-foot-
high fence located along a portion of the west property line of his business (located at 2812 27th
Avenue NE) that screens his business property from the adjoining single family residential
parcel. The proposed fence would measure 8 feet in height which requires the processing of a
conditional use permit.
The proposed 8-foot-high fence would be erected in the same location upon the subject
property and is intended improve screening between the automotive use and the abutting
single family residential property to the west.
According to the applicant, the owner of the abutting home to the west is supportive the
proposed fence height change.
Based on the information as submitted, and a review of the applicable ordinance, staff
recommends approval of the Conditional Use Permit, with conditions as follows:
1.The new fence shall satisfy all applicable fence construction requirements as
outlined in Section 150.073 of the Code.
2.Comments of other City Staff.
March 15, 2022
Page 2
GENERAL INFORMATION
Applicant:Tom Archambault (on behalf of BLVD Autoworks)
Owner:Teak Properties, LLC.
Location:2812 27th Avenue NE
Existing Land Use Commercial (BLVD Autoworks)
Zoning:C - Commercial District
Surrounding Land North: Low-Density Residential / Zoned: R-1 - Single Family District
Use / Zoning:East: Commercial / Zoned: C - General Commercial District
South: Commercial / Zoned: C - General Commercial District
West: Low-Density Residential / Zoned: R-1 Single Family District
Deadline for Agency Application Complete Date: 2/07/2022
Action:60 Days: 4/08/2022
Letter Sent:3/09/2022
120 Days:6/07/2022
ANALYSIS
1.Background
Tom Archambault, on behalf of BLVD Autoworks, is proposing to replace an existing six-
foot-high fence located along a portion of the west property line of his business located at
2812 27th Avenue NE with a fence measuring 8 feet in height. To accommodate the
proposed fence height, the processing of a conditional use permit is necessary.
The existing fence segment in question is located between the principal building and the
south property line of the site. The existing fence has an alternating wood slat design.
According to the applicant, the existing fence can no longer be properly maintained and is in
need of replacement. The replacement fence would be the same horizontal length of the
existing fence but would be a solid slat design.
The subject site is zoned C - General Commercial. Within General Commercial zoning
districts, “auto repair which includes no storage of autos for parts” is listed as a conditional
use.
The subject site’s location, and its context, are illustrated on the zoning map below.
March 15, 2022
Page 3
The site is considered a “double frontage lot,” having street frontage along both 27th
Avenue NE to the north and Kenzie Terrace to the south. Recognizing that direct lot access
is not available from the north, the area south of the building is considered the “front yard.”
According to Section 150.07(C)(2) of the City Code, no fence serving a commercial use may
be over 6 feet in height within a required front yard setback. The Code further states that
fences may extend to a total height of 8 with a security arm for barbed wire if a conditional
use permit is obtained. Within General Commercial zoning districts, the required front yard
setback is 35 feet or a distance equal to the average of the front yard depths on the two
adjacent lots.
The City Code sets out a series of criteria necessary to qualify for conditional use permit
consideration. Those criteria are found in §152.24s, (C) of the Zoning Chapter, and are
included in a latter section this report. It is the opinion of Staff that the proposed increase
in fence height satisfies the referenced conditional use permit evaluation criteria and will
serve to improve compatibility between the automotive business and adjacent single-family
home.
Some concern with both the existing and proposed fence relates to traffic visibility as the
existing fence extends to abutting alley’s right-of-way line. According to Section 150.072 (D)
of the City Code…
March 15, 2022
Page 4
No fence shall be placed in such a manner as to materially impede vision between a
height of two and one-half (2 ½ ) feet and ten (10) feet above the centerline grades of
the intersection of a street and alley or driveway such that a clear line of vision is
possible of the intersecting street from a distance of fifteen (15) feet along the edge of
the street and along the alley or driveway, and a third line connecting the other sides,
unless otherwise required or approved by the Zoning Administrator or other Authorized
Agent.
It is however, acknowledged that the proposed increase in fence height will have no impact
on existing traffic visibility conditions.
As a condition of conditional use permit approval, it is recommended that the new fence
meet all applicable fence construction requirements as outlined in Section 150.073 of the
Code and reiterated below:
(A) Fences and walls shall be constructed in a manner and of such materials that do
not adversely affect the appearance of the neighborhood or adjacent property
values. Fences shall not be constructed from poultry netting (chicken wire),
welded wire, snow fence, branches, or materials originally intended for other
purposes, unless upon the showing of a high degree of architectural quality
achieved through the use of such materials, and prior approval is granted by the
Zoning Administrator or other Authorized Agent.
(B) Fences and walls hereafter erected shall be durable, weather resistant, rust
proof, and easily maintained.
(C) Fences shall have structural supports (posts/footings) as required by the Building
Official.
(D) Fences and walls shall be constructed of new or like new materials.
(E) The finished appearance of fences and walls shall be constructed with the higher
quality finish directed toward the exterior of the property if the visual quality of
the fence or wall is not the same on both sides.
(F) The framing and posts of wood, chain link, picket, stockade, and decorative metal
fences shall face the inside of the parcel area fenced. The side of the fence
considered to be the face (facing as applied to fence posts) shall face the abutting
property.
(G)No more than two (2) types of related fencing materials shall be used in any
fence and wall.
(H)Both sides of any fence or wall shall be maintained in a condition of reasonable
repair and appearance by its owner and shall not be allowed to become and
remain in a condition of disrepair or danger, or constitute a nuisance, public or
private.
(I) The property owner is responsible for providing proof of property line location.
March 15, 2022
Page 5
(J) Retaining walls shall not be placed within any drainage, utility or ponding
easements unless also reviewed and approved by the City Engineer.
2.Representative Codes Referenced.
Title XV Land Usage, Chapter 150 Zoning Code, Section 150.072, Fence Regulations.
Title XV Land Usage, Chapter 152 Zoning Code, Section §152.243, Conditional Use Permits.
3.Criteria for and Consistency with Criteria for Conditional U se Permit Approval.
Title XV Land Usage, Chapter 152 Zoning Code, Section §152.24 3, (C), lists the criteria the
City Council must consider in consideration of applications for a conditional use permit.
Therefore, the request for conditional use permit to allow a fence measuring 8 feet in
height in the front yard of a commercial property is subject to the following review criteria:
(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.
(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.
SUMMARY AND STAFF RECOMMENDATION
Staff recommends approval of the requested conditional use permit to allow a fence measuring
8 feet in height in the front yard of a commercial property located at 2812 27th Avenue NE
based on the following findings:
A.The proposed fence height will not negatively impact properties in the vicinity of the
subject site.
B.The owner of the adjacent single-family home to the west is supportive of the proposed
fence height change as it will serve to improve screening of the abutting and higher
intensity automotive use.
C.In consideration of existing maintenance issues, the new fence will visually improve the
area.
March 15, 2022
Page 6
DECISION
Conditional Use Permit - Front Yard Fence Height Requirement for a Commercial Use
RECOMMENDED ACTION:
A.Motion to recommend approval of the request for a conditional use permit to allow
the construction of a fence of up to 8 feet in height in the front yard of a commercial
use, based on findings to be identified by the Planning Commission following the
public hearing, and direct staff to prepare resolution declaring terms of the same and
subject to the following conditions:
1.The new fence shall satisfy all applicable fence construction requirements as
outlined in Section 150.073 of the Code.
2.Comments of other City Staff.
ALTERNATIVE ACTIONS:
B.Motion to recommend denial of the conditional use permit as requested. In the event
of a recommendation for denial, the Planning Commission should adopt findings and/or
identify other factors leading to the recommendation.
C.Request additional information and table action, subject to the submission of additional
information from staff and/or applicant.
ATTACHMENTS
Exhibit A:Application and Supporting Material
NOTICE OF A PUBLIC HEARING
March 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 proposed conditional use permit to allow a 8 foot high fence on
the west side of the property located at the commercial property at 2812 27th 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 https://savmn.com/Calendar.aspx?EID=1602
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 April 12, 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:March 9, 2022
Meeting Date:March 15, 2022
NAC Project No.323.02 – 22.01
BACKGROUND AND ANALYSIS
This memorandum provides an update to the table-form list of proposed amended language for
Planning Commission consideration. The changes are based on the discussion held at the February
meeting. Staff noticed a public hearing for the March Planning Commission meeting to formally
consider the proposed language, and make any final edits or recommendations, prior to sending the
material on to City Council for consideration.
The table includes the original language in black, the previously proposed changes in redline, and new
additions/changes in blue. 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 highlighted as
noted above. The fourth column provides some commentary explaining the purpose of the changes (or
in a few cases, why no change is proposed). New information in this section is bolded for clarity.
As before, 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, along with the table-form amendments as noted above.
The Planning Commission is asked to provide comments and thoughts on the proposals at the upcoming
meeting and public hearing, after which staff will prepare formal ordinances amendments for
consideration by the City Council.
The Comprehensive Plan material below is carried over from the original staff memo as background for
the Public Hearing.
March 15, 2022
Page 2
PLANNING COMMISSION ACTION
1.Staff recommends approval of the proposed amendments to the Commercial and Light
Industrial zoning districts as reflected in the attached ordinance redline version, with final
comments and edits from the Commission following the public hearing.
Alternative Motions
2.Motion to recommend denial of the amendments, based on findings to be identified as a part of
the discussion following the public hearing.
3.Motion to table action on the amendments and continue the public hearing, to allow for further
research and editing as directed by the Commission.
March 15, 2022
Page 3
2040 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.
March 15, 2022
Page 4
• 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
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.
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. Greater
levels of “industrial”
production or fabrication have
been inserted into the CUP
provisions of the C District
below.
(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. Such uses that
are on parcels where any portion is less than
250 feet from property zoned R-1 or R-2,
and/or which include any drive-through
ordering and pick-up lane, shall require a
Conditional Use Permit in accordance with the
requirements in this Chapter. Permitted
restaurant uses may include drive-up pick-up
parking space locations 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.
Updated to separate and
clarify the distance and drive-
through conditions.
(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:
Creating a set of expectations
and limitations for vehicle
repair. For -sale vehicles must
be in the rear yard of the
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.
3. Outdoor storage of vehicles awaiting repair 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.
property (not along the street
front).
Repair vehicles must be in the
rear yard, and completely
screened by fence and
landscaping.
Updated and modified to
remove auto sales from this
particular use – a separate
category for sales is included
below.
(E) Motor Vehicle Sales, separate (or as a
component of) repair and parts sales, provided
that:
1. The facility has a separate indoor space
devoted to sales office.
2. The vehicles for sale are fully operational,
and not in need of repair for such operation,
and licensed, or capable of being immediately
licensed, for their intended use.
3. Vehicles for sale may be displayed in the
front yard of the property in a location meeting
all other requirements of the City’s commercial
parking lot dimensions, pavement and curb
materials, and setback requirements.
4. Vehicles for sale may not occupy parking
spaces required for compliance with the
parking standards for employees or customers
of the business(es) on the property.
A new section added for
Vehicle Sales, which may be a
stand-alone allowance, or a
component of a vehicle
repair/parts sales business.
The standards are intended to
distinguish the allowance for
sales/display from storage of
vehicles for repair as regulated
in the prior section.
(E) (F) Bus stations
of the
Metropolitan
Transit Operations;
(F) (G) 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. Headlight 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
Managing the requirements to
address previously raised
issues.
noise detection at the boundary of any
adjoining residential property.
(G) Gasoline Motor fuel station as a principal
use of property; Electric Vehicle (EV) Charging
stations and/or other alternative fuel
dispensary may be a component of a principal
use Motor Fuel station under this section.
Accessory EV charging stations (but not other
alternative fuels) consisting of no more than 2
such EV stations shall be exempt from the
requirement for CUP, and shall be allowed as a
permitted accessory uses.
Not all motor fuel is gasoline
any longer.
Updated to specify alternative
fuels – EV stations of no more
than 2 chargers allowed as a
permitted accessory use.
Alternative fuels (e.g.
hydrogen, natural gas, etc. will
still require the CUP, and are
not exempt under the EV rule.
(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) (J) Pool or
billiard halls;
(P) (K) 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
Changed to track the listing
used in the Permitted Use
section.
similar uses, where any portion of the subject
property is located less than 250 feet from
property zoned R-1 or R-2.
(Q) Theaters; This use would be incorporated
into (C) Assembly uses and
subject to that definition.
(R) (L)
Establishments
having more than 3
amusement
devices as defined
in § 111.025;
(T) (M) 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) (N)
Laboratories for
medical research
and testing (except
research and
testing which uses
animals) that
provide services to
health care
providers;
(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
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) (O)
Pawnbroker
businesses which
comply with the
requirements of §§
111.285 through
111.302;
[check code references]
(X) (P) Secondhand
dealers that
comply with the
requirements of §§
[check code references]
111.250 through
111.273;
(Y) (Q) 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.
(R) Brewery/Taprooms and Micro-
distillery/cocktail rooms, subject to the
requirements applicable to other Hospitality
uses in this Section; and subject to findings that
show the use will avoid conflicts between the
industrial production and distribution activities
and other commercial uses in the district
through appropriate access, hours of operation,
and other relevant factors. Any such use shall
at all times be subject to maintenance of the
appropriate liquor licensing and size limitations
under state and local requirements.
Adding Brewery/Spirits
production/serving, with
restrictions applicable to other
hospitality uses, and review of
the industrial aspects of such
businesses.
(S) Trade services and retail sales, rental, or
repair facilities, such as plumbers, electricians,
auto parts, home improvement, hardware,
crafts, arts, and similar facilities, in which more
than 10% (up to a maximum of 70%) of the
floor area is devoted to repair, fabrication,
storage, or other accessory activity.
This clause is intended to
accommodate trade uses that
have a storefront or limited
retail exposure, and otherwise
use the space for fabrication
and storage of parts and
supplies. This would
accommodate most “maker”
spaces, and other
tradespersons who desire and
need a retail exposure, but the
bulk of their space needs are
for the fabrication or
production uses. The CUP
requirement gives the City the
ability to weigh the relative
character of the district and
the proposed use.
§ 152.123 ACCESSORY USES.
Subject to the
provisions of §§
152.175 through
152.186, the
following accessory
[check code references]
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, 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) (C) Temporary
mobile structures
for construction
purposes only.
(E) (D) 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? The limiting
language would be deleted in
this update if so.
(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.
(I) Brewery/Taprooms and Micro-
distillery/cocktail rooms, subject to findings
that show the use will avoid conflicts between
the commercial hospitality activities and other
industrial uses in the district through
appropriate access, hours of operation, and
other relevant factors. Any such use shall at all
times be subject to maintenance of the
appropriate liquor licensing and size limitations
under state and local requirements.
Adding Brewery and Spirits
production/taproom use by
CUP, with specific findings.
§ 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, semi-trailers and other
company truck/trailer vehicles are permitted in
designated loading areas, provided they are
actively loading or unloading.
Specifically lists parking and
loading as an allowed accessory
use. Updated to expand
allowance for non-semi trucks.
(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,
This existing language primarily
impacts the parking and
loading areas on an industrial
parcel.
within which
setback area
parking, storage,
and/or loading
facilities are
excluded.
NOTICE OF A PUBLIC HEARING
March 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 multiple updates to the City of St. Anthony Zoning, Section 152.120
through 152.125 related to regulation of Commercial District and Section 152.140 through 152.144
related to the regulation of Light Industrial District.
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 https://savmn.com/Calendar.aspx?EID=1602
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 April 26, 2022 at 7:00 p.m. at City Hall.
Steve Grittman
City Planner