HomeMy WebLinkAboutPL PACKET 03212023CITY OF SAINT ANTHONY VILLAGE
PLANNING COMMISSION MEETING AGENDA
Tuesday, March 21, 2023 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 -21 -2023.DOCX
Public Hearing
Conditional Use Permit Request -2933 Pentagon Drive
CUP APPLICATION 2933 PENTAGON DR.PDF
NOTICE -PUBLIC HEARING 2933 PENTAGON DR.PDF
RESOLUTION.PDF
STAFF REPORT.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: February 21
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.
IX.
X.
XI.
CITY OF SAINT ANTHONY VILLAGEPLANNING COMMISSION MEETING AGENDATuesday, March 21, 2023 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 -21 -2023.DOCXPublic HearingConditional Use Permit Request -2933 Pentagon DriveCUP APPLICATION 2933 PENTAGON DR.PDFNOTICE -PUBLIC HEARING 2933 PENTAGON DR.PDFRESOLUTION.PDFSTAFF REPORT.PDFStaff ReportsOther 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: February 21
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.
IX.
X.
XI.
1 CITY OF ST. ANTHONY
2 PLANNING COMMISSION MEETING
3 FEBRUARY 21, 2023
4 7:00 p.m.
5
6 CALL TO ORDER.
7
8 Chair Socha called the meeting to order at 7:00 p.m.
9
10 PLEDGE OF ALLEGIANCE.
11
12 Chair Socha invited the Commission and the audience to join her in the Pledge of Allegiance.
13
14 ROLL CALL.
15
16 Commissioners Present:Chair Socha, Commissioners Gaveske, Morita and Rude.
17
18 Absent:Commissioner Erickson, Kukendall and Hendrickson
19
20 Also Present: City Planner Stephen Grittman, and Assistant to the City Manager
21 Nicole Miller.
22
23
24 I.APPROVAL OF THE FEBRUARY 21, 2023 PLANNING COMMISSION MEETING
25 AGENDA.
26
27 Motion by Commissioner Morita, seconded by Commissioner Gaveske, to approve the
28 February 21, 2023, Regular Planning Commission Meeting Agenda.
29
30 Motion carried 4-0.
31
32 II.APPROVAL OF THE JANUARY 17, 2023, REGULAR PLANNING COMMISSION
33 MEETING MINUTES.
34
35 Motion by Commissioner Rude, seconded by Commissioner Morita, to approve the January
36 17, 2023, Regular Planning Commission Meeting Minutes.
37
38 Motion carried 4-0.
39
40 III.PUBLIC HEARING.
41
A.42 CUP – 3601 29th Avenue NE.
43
44 City Planner Steven Grittman reviewed the applicant (Daniel Wang – Dio Investment Inc.) is
45 seeking approval of a Conditional Use Permit to remodel and occupy an existing building at
46 3610 29th Avenue NE. The site is zoned Light Industrial, and is surrounded by other Industrial
47 parcels. The proposed use would be as a commercial catering and food preparation business,
48 listed as a Conditional Use in the L-1 District. The applicants noted that the business supports
49 its existing restaurant (The Tea House) at 2423 University Avenue SE in Minneapolis. The
Planning Commission Regular Meeting Minutes
February 21, 2023
Page 2
1 application noted that the activity at the site may eventually expand to include fresh and
2 frozen food preparation for sale in groceries and restaurants.
3
4 The building is a 14,447 square foot structure that occupies the extent of the site, with its
5 attendant parking and circulation spaces. The building exterior would be modified only
6 slightly through the refitting of an existing doorway with a frost stoop to meet building code
7 exiting requirements. The applicant further notes that no exterior signage would be provided,
8 with the exception of directional/identification signage over existing entrances.
9
10 The plans show parking along the east wall of the main building, and along the north wall of
11 the “warehouse” portion of the building. A single at-grade dock door serves the warehouse
12 portion of the building along that north wall as well. No additional docks are proposed. The
13 applicants indicate the potential for 2 semi or box trucks serving the site, with no overnight
14 parking, along with 2 vans for deliveries, which would be parked in existing parking spaces.
15
16 Staff has reviewed the project for land use compliance with the intent and policies of the
17 City’s Comprehensive Plan, and for zoning consistency with the L-1, Light Industrial District
18 as a baseline. In summary, the Comprehensive Plan promotes use of the subject properties
19 that reflect the proposed industrial uses in the area. The proposed Conditional Use Permit
20 meets the requirements of the Zoning Ordinance for the baseline district zoning standards.
21
22 The zoning ordinance lists the following required findings for consideration of a Conditional
23 Use Permit:
24
25 City Council action. A conditional use permit may be granted only by a majority vote of all
26 members of the City Council after determining that:
27
1.28 The use is one of the conditional uses specifically listed for the district in which the
29 property is located;
2.30 The City Council has specified all conditions which the City Council deems necessary to
31 make the use compatible with other uses in the area;
3.32 The use will not be detrimental to the health, safety, or general welfare of persons residing
33 or working in the vicinity or to the values of property in the vicinity; and
4.34 The use will provide a service or a facility which is in the interest of public convenience
35 and will contribute to the general welfare.
36
37 Mr. Grittman included the land use application, CUP application plans, public hearing notice
38 and draft resolution in the packet for the Commission.
39
40 The Planning Staff recommends approval of the Conditional Use Permit to allow the proposed
41 catering facility in the proposed location with the following conditions:
42
1.43 Issues related to utilities shall be subject to comment and recommendation by the City
44 Engineer.
2.45 Consideration of comments by other City Staff.
46
Planning Commission Regular Meeting Minutes
February 21, 2023
Page 3
1
2
3 Mr. Daniel Wang, the applicant, stated in 1993 he and his wife moved from California. He
4 feels this property is good for their business use. They are trying to expand their kitchen
5 capacity from their restaurant in Minneapolis.
6
7 Commissioner Rude welcomed Mr. Wang back to the City. Commissioner Rude asked what
8 the City does with grease trapping vs. what the City does. Mr. Grittman stated sewer
9 treatment is a City function.
10
11 Chair Socha stated this seems very compatible with the use. She thanked Mr. Wang for
12 coming back to St. Anthony.
13
14 Chair Socha closed the public hearing at 7:25 p.m
15
16 Motion by Commissioner Morita, seconded by Commissioner Rude, to recommend the City
17 Council approve the resolution for the Conditional Use Permit for 3601 29th Avenue NE.
18
19 Motion carried 4-0.
20
21 IV.STAFF REPORTS.
22
23 Mr. Grittman stated the Code Committee has been working on developing some additional
24 modifications to the City Code and Zoning Code. The next round of amendments to be
25 considered are residential parking and storage, temporary signs and temporary buildings. They
26 will proceed to Council work session at the end of March.
27
28 The Goal Setting Session occurred in January and the work program was forwarded for
29 approval. Implementation plans are being developed.
30
31 V.OTHER BUSINESS.
32
33 Chair Socha noted City Councilmember Wendy Webster is present at the meeting this
34 evening.
35
36 Councilmember Webster introduced herself to the Planning Commission. She is the Council
37 Liaison to the Planning Commission. At the Goal Setting Session, she and Chair Socha had a
38 discussion about the role of the Planning Commission and the Council Liaison.
39 Councilmember Webster watches the Planning Commission Meetings online.
40
41 Chair Socha stated sometimes the Commission discusses items beyond the role of the
42 Planning Commission and if need be in the future Councilmember Webster could be emailed
43 and any items brought to the City Council.
44
Planning Commission Regular Meeting Minutes
February 21, 2023
Page 4
1 Commissioner Rude stated at the last meeting there was a discussion about roads and traffic
2 flow as it relates to approvals for land uses. There has also been discussions on EV charging
3 stations.
4
5 Commissioner Morita stated traffic studies relate to the actions of the Planning Commission.
6
7 Councilmember Webster stated there was conversation about the old gas station site and
8 whether it could be a daycare. She was impressed on how the Planning Commission looked at
9 that. She thanked the Planning Commission for their service on the Commission.
10
11 Chair Socha stated at the goal setting session Mayor Stille made a similar comment regarding
12 the diversity of opinions and perspectives of the Planning Commission.
13
14 VI.COMMUNITY FORUM – NONE.
15
16 No one appeared to address the Planning Commission.
17
18 VII.INFORMATION AND ANNOUNCEMENTS.
19
20 The next Planning Commission Meeting will be held on March 21, 2023. Commissioner Rude
21 stated he will not be in attendance at the March 21, 2023 Meeting.
22
23 Commissioner Gaveske stated the St. Anthony Chamber of Commerce is actively looking for
24 Board Members. She is the only standing board member at this time.
25
26 VIII. ADJOURNMENT.
27
28 Motion by Commissioner Morita, seconded by Commissioner Gaveske, to adjourn the
29 meeting at 7:21 p.m.
30
31 Motion carried 4-0.
32
33
34 Respectfully submitted,
35 Debbie Wolfe
36 TimeSaver Off Site Secretarial, Inc.
NOTICE OF A PUBLIC HEARING
March 21, 2023, 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 conditional use request to allow an adult daycare at the property
located at 2933 Pentagon Drive.
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=1801
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 tentatively to be scheduled on March 28, 2023 at 7:00 p.m. at City Hall.
Steve Grittman
City Planner
CITY OF SAINT ANTHONY VILLAGE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. _____________
A RESOLUTION APPROVING A REQUEST FOR A
CONDITIONAL USE PERMIT FOR AN ADULT DAYCARE FACILITY
IN THE C, COMMERCIAL DISTRICT
WHEREAS, the City of St. Anthony Village received a request from the property owner and
proposed licensee for an Adult Daycare establishment at 2900 Pentagon Drive, Suite 2933; and
WHEREAS, the property consists of approximately 5.5 acres and is located in the C,
Commercial district; and
WHEREAS, the subject building space is currently vacant, with a shared parking lot serving the
subject tenant space and adjoining shopping center tenants; and
WHEREAS, Adult Daycare facilities are allowed by Conditional Use Permit in the Commercial
areas of the City; and
WHEREAS, consideration of a conditional use permit in such areas is required to avoid
unreasonable negative impacts on adjoining commercial property; and
WHEREAS, the conditions identified as a part of an approval for the proposed Conditional Use
Permit are necessary to ensure full compliance with the St. Anthony Village zoning ordinance
and other public safety needs; and
WHEREAS, the Planning Commission has considered all of the comments and the staff report,
which are incorporated by reference into the resolution; and
WHEREAS, the Planning Commission held a public hearing on March 21, 2023 on the
application and the applicant and members of the public were provided the opportunity to present
information to the Planning Commission; and
WHEREAS, the Planning Commission recommended approval of the Conditional Use Permit
PUD Amendment with the conditions noted in the Staff report, and as listed below; and
WHEREAS, the City Council makes the following findings of fact in support of the resolution
for approval:
1.The property is located in an area of commercial land use on a major arterial roadway.
2.The proposed use is identified as an allowed Conditional Use in the Commercial zoning
district.
3.The additional impacts of the proposed use expected to be minimal due to the minimal
changes to the building and site, including compatibility with other uses in the
neighborhood.
4.The proposed business uses constitute a reasonable use of the property.
5.The proposed uses, constructed and operated within the requirements of the Code and the
conditions of this resolution, will not impact surrounding property or public areas beyond
the expected impacts of permitted, compliant uses in the commercial zoning district, nor
negatively impact health, safety, or welfare of the community.
6.With the proposed conditions, the City Council finds that there is no evidence to believe
that the use will have a detrimental effect on neighboring uses or property values.
NOW THEREFORE MAY IT BE RESOVLED, that the City Council of the
City of St. Anthony Village accepts the findings and recommendations documented in the staff
report and approves Conditional Use Permit authorizing an Adult Daycare facility as shown on
the plans submitted on or before February 14, 2023, at 2900 Pentagon Drive, Suite 2933, in
accordance with the following conditions:
1.Issues related to building, fire, and other related city codes shall be subject to
comment and recommendation by applicable staff.
2.The applicant receives and provides the required licensing from the State of
Minnesota and provides evidence of such licensing throughout occupancy in the
space.
3.The CUP is provided for the requested tenant suite only. Changes in location, size,
operation, or other aspects of the facility will require a new CUP application.
Passed in regular session of the City Council on the 28th day of March, 2023.
____________________________________
Randy Stille, Mayor
ATTEST:____________________________
City Clerk
Review for Administration: ____________________________________
Charlie Yunker, City Manager
MEMORANDUM
To:St. Anthony Village Planning Commission
From:Stephen Grittman, City Planner
Date:Planning Commission Meeting – March 21, 2023
NAC Project No.323.01 – 23.02
Request:Request for a Conditional Use Permit for Adult Daycare facility in the “C”,
Commercial District
Property Address: 2900 Pentagon Drive, Suite 2933
Property PID:07-029-23-24-0018
PROJECT DESCRIPTION
The Applicants are seeking approval of a Conditional Use Permit to remodel and occupy a
portion of an existing shopping center space at the above address. The site is zoned “C”,
Commercial, and is surrounded by other Commercial parcels and business tenants in the
shopping center.
The proposed use would be as a commercial Adult Daycare business, listed as a Conditional Use
in the C District. The applicants note that the use supports vulnerable and developmentally
disabled adults from the surrounding areas. The applicant has stated that the use would
operate during daytime and weekday hours, with many of the clients arriving via van operated
by the facility.
The space is a portion of the existing St. Anthony Shopping Center, a structure that occupies the
northeasterly portion of the site, along with a second major building to the west, and with its
attendant parking and circulation spaces. The building exterior would be modified only slightly
through internal remodeling to accommodate the proposed use. While client parking would be
available in the parking field southwest of the building (to the front), the facilities two vans
would have access, and be parked, along the northeast wall which serves as a service area and
drive for the center. The vans would be parked on-site when not in active use.
STAFF RECOMMENDATION
Staff has reviewed the project for land use compliance with the intent and policies of the City’s
Comprehensive Plan, and for zoning consistency with the “C”, Commercial District as a baseline.
In summary, the Comprehensive Plan promotes use of the subject properties that reflect the
March 21, 2023
Page 2
proposed commercial uses in the area. The proposed Conditional Use Permit meets the
requirements of the Zoning Ordinance for the baseline district zoning standards.
As such, planning staff recommends approval of the Conditional Use Permit to allow the
proposed Adult Daycare facility in the proposed location.
GENERAL INFORMATION
Applicant:Healyan Ali
Owner:St. Anthony Shopping Center LLC
Location:2900 Pentagon Drive, Suite 2933
Existing Land Uses Existing Commercial Building
Zoning:C, Commercial
Deadline for Agency Application Complete Date: February 14, 2023
Action:60 Days: April 13, 2023
Letter Sent:NA
120 Days:June 14, 2023
1.Background
Project Description. The applicants are seeking a Conditional Use Permit to establish an a
Adult Daycare facility as described above in a portion of an existing commercial shopping
center building. The site location is between Highway 88 and Kenzie Terrace. The parcel is
approximately 5.5 acres in area,
and is occupied by a complex of
commercial retail buildings with a
variety of retail sales and service
uses.
The use is consistent with both the
Comprehensive Plan’s land use
direction, as well as with the intent
of the relevant zoning, which would
be “C”, Commercial for the site and
the surrounding area.
As noted in the Project Description
and the applicant’s narrative, only
insignificant changes are proposed
for the building, almost all of which are interior, and which do not alter the existing site
conditions.
March 21, 2023
Page 3
The zoning ordinance lists the following required findings for consideration of a Conditional Use
Permit:
(C) City Council action. A conditional use permit may be granted only by a majority vote
of all members of the City Council after determining that:
(1) The use is one of the conditional uses specifically listed for the district in
which the property is located;
(2) The City Council has specified all conditions which the City Council deems
necessary to make the use compatible with other uses in the area;
(3) The use will not be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity or to the values of property in the
vicinity; and
(4) The use will provide a service or a facility which is in the interest of public
convenience and will contribute to the general welfare.
The use is specifically listed in the
district, and the site has been
developed for Commercial uses.
The staff and client count would
arrive by a combination of private
automobile and facility vans. In this
regard, it is expected that the
facility would have a lower parking
demand than a typical retail store.
For Conditional Use Permits, the
common consideration is whether
the use can compatibly coexist with
others in the immediate area. As
no changes are contemplated for
the site, there are no apparent
concerns related to safety or
negative impacts on the site or
neighborhood. The site has access
to both Kenzie Terrace and Highway 88, and the low levels of traffic generation are not
expected to raise any issues for street use or other factors.
The proposed tenancy is subject to the approval of the shopping center landlord, and is
specifically required by City Code to receive and maintain appropriate licensing from the
agencies of the State of Minnesota (primarily the Minnesota Department of Human Services –
March 21, 2023
Page 4
DHS). Regulatory review is pursuant to MN Rules Section 9555.9600 – 9555.9730. A brief
sampling of the rules include regulations related to the following:
Age (Adults defined as 18 and above).
Daycare (defined as less than 24 hours – no overnight care).
License – required pursuant to MN Statutes Section 245A and other applicable
regulations.
Participants Rights – a MN Rules-based requirement identifying specific rights of clients,
including privacy, medical care, and self-determination.
Personnel standards and requirements.
Staffing rations based on client abilities.
Client care and progress planning and tracking.
Client well-being care, including nutrition, health, physical activities, and related
services.
Safety procedures and structures.
Physical space requirements.
The Department of Human Services regulates and monitors compliance with these standards,
although the City’s building and code departments continue to retain authority over building
code, fire code, and related regulations.
2.Criteria for and Consistency with Criteria for CUP Approval. Title XV Land Usage, Chapter
152 Zoning Code, Section §152.243. Also, review including MN Rules Section 9555.9660 et
seq; and MN Statutes Section 245A.
SUMMARY AND STAFF RECOMMENDATIONS
Conditional Use Permit for an Adult Daycare - Staff recommends approval with the following
conditions:
1.Issues related to building, fire, and other related city codes shall be subject to comment
and recommendation by applicable staff.
2.The applicant receives and provides the required licensing from the State of Minnesota
and provides evidence of such licensing throughout occupancy in the space.
3.The CUP is provided for the requested tenant suite only. Changes in location, size,
operation, or other aspects of the facility will require a new CUP application.
This recommendation is based on a finding that the proposal, with the conditions cited, is
consistent with the requirements for Conditional Use Permit consideration, with the long-term
objectives of the recommendations and policies of the St. Anthony Comprehensive Plan.
March 21, 2023
Page 5
ATTACHMENTS
Exhibit A:Location map
Exhibit B:Application and Supporting Material
Exhibit C: Draft resolution