HomeMy WebLinkAboutPL PACKET 08152023CITY OF SAINT ANTHONY VILLAGE
PLANNING COMMISSION MEETING AGENDA
Tuesday, August 15, 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 07 -18 -2023.PDF
Public Hearing
CUP -3312 Silver Lake Rd
Steve Grittman, City Planner, presenting.
COVER MEMO.PDF
APPLICATION.PDF
PRESENTATION.PDF
SIGN PLANS.PDF
PUBLIC HEARING NOTICE.PDF
DRAFT RESOLUTION.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
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 promote a high quality of life to those we serve through
outstanding city services.
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II.
III.
IV.
V.
A.
Documents:
VI.
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Documents:
VII.
VIII.
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XI.
CITY OF SAINT ANTHONY VILLAGEPLANNING COMMISSION MEETING AGENDATuesday, August 15, 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 07 -18 -2023.PDFPublic HearingCUP-3312 Silver Lake RdSteve Grittman, City Planner, presenting.COVER MEMO.PDFAPPLICATION.PDFPRESENTATION.PDFSIGN PLANS.PDFPUBLIC HEARING NOTICE.PDFDRAFT RESOLUTION.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
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 promote a high quality of life to those we serve through
outstanding city services.
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 JULY 18, 2023
4 7:00 p.m.
5
6 CALL TO ORDER.
7
8 Vice Chair Morita called the meeting to order at 7:00 p.m.
9
10 PLEDGE OF ALLEGIANCE.
11
12 Vice Chair Morita invited the Commission and the audience to join him in the Pledge of Allegiance.
13
14 ROLL CALL.
15
16 Commissioners Present:Vice Chair Morita, Commissioners Erickson, Gaveske, Hendrickson,
17 and Rude.
18
19 Absent:Chair Socha, and Commissioner Kuykendall.
20
21 Also Present: City Planner Stephen Grittman, and Assistant to the City Manager
22 Nicole Miller.
23
24
25 I.APPROVAL OF THE JULY 18, 2023 PLANNING COMMISSION MEETING
26 AGENDA.
27
28 Motion by Commissioner Erickson, seconded by Commissioner Rude, to approve the July 18,
29 2023, Regular Planning Commission Meeting Agenda.
30
31 Motion carried 5-0.
32
33 II.APPROVAL OF THE JUNE 20, 2023, REGULAR PLANNING COMMISSION
34 MEETING MINUTES.
35
36 Motion by Commissioner Erickson, seconded by Commissioner Rude, to approve the June 20,
37 2023, Regular Planning Commission Meeting Minutes as corrected.
38
39 Motion carried 5-0.
40
41 III.PUBLIC HEARING.
42
A.43 Ordinance 2023-03 Regulating the Sale and Distribution of Hemp-Based Cannabinoid
44 Products.
45
46 Vice Chair Morita opened the public hearing at 7:02 p.m.
47
48 City Planner Steven Grittman reviewed in response to the 2022 Minnesota Legislature’s
49 adoption of an allowance for the sale and consumption of hemp-based edible products
50
Planning Commission Regular Meeting Minutes
July 18, 2023
Page 2
1 containing cannabinoids (primarily limited amounts of THC), the City adopted an interim
2 moratorium ordinance in late July 2022. The purpose of the moratorium ordinance was to
3 study the public policy issues surrounding the new legislation, gain additional guidance from
4 the League of Minnesota Cities and other resources, and eventually, develop local regulations
5 that manage the sale of the products allowed by the Legislature.
6
7 In 2023, the Legislature adopted some changes to the Hemp/THC legislation, but in more
8 prominent news, also adopted allowances for adult-use cannabis (marijuana). As it stands,
9 there are two separate tracks occurring on these products – one for the prior Hemp/THC
10 products, and one for the upcoming legalization of marijuana.
11
12 Later materials will address the options for marijuana regulation. Adult-use marijuana will
13 become legal in August of 2023 (personal use and limited growing) with business sales
14 coming later (probably in 2024) – dependent on further State organization and legislation.
15
16 Mr. Grittman provided updated information related to THC/Hemp sales pursuant to the City
17 Council’s discussion at a Work Session in June. Staff provided an early draft ordinance for
18 Council discussion, and based on feedback from the work session, created the attached
19 version. The materials below are redlined to identify changes to the provided ordinance draft
20 as they have evolved. The redlines in the memo relate to the redlines in the ordinance.
21
22 The moratorium ordinance was adopted for a 12-month period on July 26, 2022, and will
23 expire on that date in 2023, pending any extension necessary to complete the City’s study of
24 the issues. A sample ordinance that establishes a basic licensing program and process for
25 applying, reviewing, issuing, and enforcing regulations for these products was provided. If the
26 City decides to do so, it may consider the City’s municipal liquor stores as eligible licensed
27 locations.
28
29 The ordinance language is based on a review of several other communities adopted
30 regulations. The resource ordinances were compiled, and in this version, customized to create
31 three categories of products:
32 Solid edible products (such as gummies and bars) which will track the City’s tobacco
33 sales licensing.
34 THC-infused beverages which will be for sale as packaged products at the City’s
35 municipal liquor stores.
36 THC-infused beverages which will be available for on-sale consumption at the City’s
37 licensed alcohol establishments.
38
39 This structure was chosen as these various establishments already have created protocols for
40 sales of regulated products to ensure that minors are not served, that on-sale consumption is
41 addressed in the event of over-use and similar controls. It further tracks the City’s (or
42 County’s) enforcement and verification processes. Thus, those with tobacco licenses may
43 apply for a Hemp/THC edibles license, those with on-sale alcohol licenses may apply for
44 THC-infused beverage license, and the City’s municipal liquor stores may apply for a THC-
45 infused beverage off-sale license. Sampling of these products will be limited to the municipal
46 liquor operations only.
Planning Commission Regular Meeting Minutes
July 18, 2023
Page 3
1
2 Mr. Grittman provided the red-line draft ordinance for the Commission’s review.
3
4 It is anticipated that the Council will consider adoption of the ordinance at its regular July 25th
5 meeting, waiving the third reading.
6
7 The Planning Commission may provide comments related to the proposed ordinance for
8 forwarding to the City Council, along with a summary ordinance for the Council agenda on
9 July 25, 2023. A formal recommendation from the Commission may be made, but it is not
10 required.
11
12 Commissioner Hendrickson asked what is proposed here compared to the surrounding
13 communities. Mr. Grittman stated there is a wide variety of approaches and this is the top of
14 the bell curve as to how cities are handling this. Some communities are allowing specific
15 storefront operations separate from having prior licensing.
16
17 Commissioner Erickson asked about the number of licenses and how that would work. Mr.
18 Grittman stated our approach is to set a certain number of licenses within the City. The
19 existing licensing requirements will be followed.
20
21 Commissioner Hendrickson asked if a business could choose to sell this type of product
22 without selling tobacco products. Mr. Grittman stated they could not. Stores that currently
23 sell tobacco have the processes in place but why must they still sell tobacco. Mr. Grittman
24 stated the Council’s discussion was that this is a legal product but a new venture and they
25 wanted to open the door slowly.
26
27 Vice Chair Morita stated if the City goes forward with this there will be future regulations for
28 the marijuana based products.
29
30 Commissioner Rude stated a business would need to have a tobacco license but wouldn’t need
31 to sell tobacco products. He hopes the finance department and police department have been
32 consulted. He questioned how income will be generated to cover compliance costs. This needs
33 to be balanced. He asked if the reasons for disqualification can be expanded to include any
34 schedule 1 convictions.
35
36 Vice Chair Morita closed the public hearing at 7:27 p.m.
37
38 IV.STAFF REPORTS.
39
40 Mr. Grittman reported the Planning Commission had considered a set of code amendments
41 previously and those went through three readings of City Council and were adopted. The
42 Planning Commission also considered a Conditional Use Permit for the carwash for a new
43 vacuum system and that was also adopted. The Council also did a first reading of the THC
44 ordinance and it is expected the Third Reading will be waived and the Ordinance will be
45 adopted in some form. Another set of code revisions will come before the Planning
Planning Commission Regular Meeting Minutes
July 18, 2023
Page 4
1 Commission in the near future. The City is also recodifying it’s entire City Code. Rental
2 residential properties will also be reviewed this fall.
3
4 V.OTHER BUSINES.
5
6 Commissioner Hendrickson asked if there were materials available on the Urban Land
7 Institute TAP. Mr. Grittman stated they are expecting a report from them and a part of that
8 included a meeting with a larger group.
9
10 VI.COMMUNITY FORUM - NONE.
11
12 No one appeared to address the Planning Commission.
13
14 VII.INFORMATION AND ANNOUNCEMENTS.
15
16 Commissioner Gaveske stated the St. Anthony Chamber of Commerce now has a full board.
17
18 VIII. ADJOURNMENT.
19
20 Motion by Commissioner Rude, seconded by Commissioner Erickson, to adjourn the meeting
21 at 7:35 p.m.
22
23 Motion carried 5-0.
24
25 Respectfully submitted,
26 Debbie Wolfe
27 TimeSaver Off Site Secretarial, Inc.
28
MEMORANDUM
To:St. Anthony Village Planning Commission
From:Stephen Grittman, City Planner
Date:Planning Commission Regular Meeting for August 15, 2023
GC File No:140-01 – 23.03
Request:Request for a Conditional Use Permit for an electronic (digital display) sign
for Nativity Church at 3312 Silver Lake Road
BACKGROUND AND STAFF RECOMMENDATION
The applicant is proposing to upgrade an existing ground sign for message displays located at 3312 Silver
Lake Road. The ground sign would be located along the east side of the building, adjacent to Silver Lake
Road in the location of the current sign. Because a portion of the sign will include an electronic digital
display, the sign requires a Conditional Use Permit pursuant to Section 155.29 of the City’s Sign
Ordinance.
Based on a review of the proposed sign and the applicable regulations, Planning Staff recommends
approval of the CUP request, with conditions related to compliance with code requirements applicable
to dynamic display signs.
GENERAL INFORMATION
Applicant:Nativity Lutheran Church
Owner:Nativity Lutheran Church
Location:3312 Silver Lake Road
Existing Land Use /
Zoning:Institutional / Zoned: R-1, Single Family Residential
Surrounding Land North: Single Family Residential / Zoned: R-1
Use / Zoning:East: Institutional (City/School) / Zoned: ROS – Recreation/Open Space
South: Single Family Residential / Zoned: R-1
West: Single Family Residential / Zoned: R-1
Deadline for Agency Complete Application Date: 07-19-2023
Action:60 Days: 09-17-2023
Letter Sent:No
120 Days:11-16-2023
August 15, 2023
Page 2
ANALYSIS
1.Background
The applicant proposes to upgrade their current ground sign at the subject property along Silver
Lake Road:
The new sign would be located in the traffic
island separating in-bound traffic to the church
property and the travel lanes of Silver Lake
Road. The existing sign sits very near the
roadway in this location. The plans indicate
the overall height of the sign to be 8 feet the
maximum height for such signs. The Dynamic
Display will be 15 square feet (5 feet wide by 3
feet high), which is significantly less than 35%
of the total allowable 150 square feet in the
ROS District. The total sign display area,
including both the digital and non-digital
surface, is approximately 34 square feet.
Ground signs for institutional (or “quasi-public”)
uses in the R-1 zoning district are subject to the
following requirements:
Maximum Height: 8 feet
Setback: 15 feet from street curb
Sign Area: 150 square feet
August 15, 2023
Page 3
Dynamic Displays for institutional (or “quasi-public”) uses in the R-1 District are further subject to
these additional requirements:
Percentage of allowable sign area for district: 35%
Minimum duration of continuous image: 8 Seconds
Transitions: Image changes must be instantaneous, without special effects or gradual
transitions
Messages: Must be complete with each image, not continuing in context or intent to the next
images
Color: Must be monochromatic against a solid black background
The physical dimensions of the proposed sign are within all requirements of the relevant zoning
restrictions. The operational aspects (transition, duration, messaging, and color) are ongoing regulatory
requirements of the sign.
The primary element of this proposal relates to the location of both the current and replacement signs,
which appears to be approximately 10 feet from the curb line of Silver Lake Road (based on an estimate
from the County’s aerial photography). The zoning ordinance requires such signs to be no closer than 15
feet to the curb, meaning that the current location is a legal nonconformity. The applicant is permitted
to replace the sign, provided that any expansion is consistent with the current regulations.
The dimensions of the existing sign are not specified in the application. However, it should be noted
that the edge of the sign closest to Silver Lake Road must not encroach any closer to the curb line that
the existing sign. The proposed height is permitted since it is designed to meet the maximum
requirement of 8 feet. Any increase in the size of the sign cabinet or base should be positioned away
from Silver Lake Road (to the west). Such increase would appear to be outside of the 15 foot setback
from the curb.
It is noted that the church’s driveway may constrain the amount of westerly increase. If this dimension
does not permit the proposed expansion in that direction, the applicant should redesign the structure,
but is not permitted to extend any closer to the east (Silver Lake Road).
The sign may be allowed under the CUP, if the applicant verifies that the sign will avoid any further
encroachment toward Silver Lake Road, and is otherwise constructed consistent with the dimensions in
the application drawings.
2.Applicable Code Sections.
Title XV Land Usage, Chapter 152 Zoning Code, Section 152.253 establishes the process and findings
required for consideration of Conditional Use Permits.
Title XV Land Usage, Chapter 155 Sign Code, Section §152.29 Dynamic Displays regulates the
construction and use of electronic dynamic display signs by Conditional Use Permit, and sets the
various performance standards applicable to such signs.
CONCLUSION AND RECOMMENDATION
August 15, 2023
Page 4
Staff recommends approval of the requested Conditional Use Permit for an electronic dynamic display
sign at 3312 Silver Lake Road with the following conditions:
1.Applicant will submit plans verifying no additional encroachment toward Silver Lake Road.
2.Compliance with the operational standards of the code in Section 155.29, notably the
requirements for monochromatic lettering against a solid black background.
As such, planning staff recommends the following motion:
1.Motion to recommend approval of the Conditional Use Permit application for a dynamic
display sign, pursuant to findings related to compliance with the applicable city regulations,
conditioned verification of the location of the sign as being consistent with the easterly extent
of the current sign, along with ongoing operational practices, that meet the requirements of
the sign ordinance.
ALTERNATIVE PLANNING COMMISSION ACTION
2.Motion to recommend denial of the CUP. In the event of a recommendation for denial, the
Planning Commission must state its findings related to denial on the record.
3.Request Additional Information and Table Action. A motion to table should be accompanied by
the specific information requested of staff or the developer necessary to make a
recommendation.
ATTACHMENTS
Exhibit A:Application and Supporting Material
Exhibit B:Draft City Council Resolution
Exhibit C:Powerpoint Presentation
8/10/2023
1
PLANNING COMMISSION
AUGUST 15, 2023
3312 SILVER LAKE ROAD
Nativity Lutheran Church: Dynamic Display Sign Conditional Use Permit
DYNAMIC DISPLAY CUP - SITE LOCATION
8/10/2023
2
DYNAMIC DISPLAY CUP – SIGN ILLUSTRATION
DYNAMIC DISPLAY CUP – SIGN ILLUSTRATION
8/10/2023
3
DYNAMIC DISPLAY CUP – REVIEW SUMMARY
Code Allowance Proposed Compliant
Height 8 feet Unclear from materials Yes
Setback 15 feet from curb 10+‐No –
Legal
Nonconforming
Sign Area 34 square feet per
surface, total
34 square feet Yes
Sign Construction Base of Natural
Materials
Brick and concrete Yes
Digital Display Area 35% of total sign area 10% of maximum
allowable sign area
Yes
Image Duration 8 seconds (ROS
District)
TBD Ongoing
Color Monochrome on Black
Background
Monochrome on Black
Background
Ongoing
Transition Instant Change –No
Transition
TBD Ongoing
DYNAMIC DISPLAY CUP – PLANNING COMMISSION ACTION
Motion to recommend approval of the request for CUP at 3312 Silver
Lake Road, with the following conditions:
1.Applicant will submit plans verifying a setback from Silver Lake Road no closer than
the existing sign which is being removed.
2.Compliance with the operational standards of the code in Section 155.29, notably
the requirements for a static, monochrome message of at least 8 seconds duration,a
black background, and other related requirements.
NOTICE OF A PUBLIC HEARING
August 15, 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 Permit by Nativity Lutheran Church, to install a
Dynamic Display Electronic Sign at the property located at 3312 Silver Lake Rd.
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?CID=14
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 612-409-6503.
The Planning Commission will make a recommendation regarding the proposed request to the City
Council for their meeting to be held on September 12, 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 ELECTRONIC DYNAMIC DISPLAY SIGN AT 3312 SILVER LAKE ROAD IN
THE “R-1”, SINGLE FAMILY RESIDENTIAL ZONING DISTRICT
WHEREAS, the City of St. Anthony Village received a request on behalf of the Nativity
Lutheran Church for a ground sign with an electronic dynamic display at 3312 Silver Lake Road;
and
WHEREAS, the property is located in the “R-1”, Single Family Residential Zoning District; and
WHEREAS, the subject parcel is currently developed with an existing ground sign; and
WHEREAS, such electronic digital display signs are allowed by Conditional Use Permit in the
ROS District; and
WHEREAS, subject to verification of the setback of the sign retaining the existing setback from
Silver Lake Road, the proposed sign is otherwise consistent with the requirements of the Sign
Ordinance with regard to size and other standards, or will be made so pursuant to City approval;
and
WHEREAS, the sign can be constructed to be consistent with the materials standards required
by the Sign Ordinance related to such signs; 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 August 15, 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
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 institutional land uses on a collector roadway.
2.The proposed sign is reasonably consistent with the character of the neighborhood in
which it is located.
3.The dimensional requirements of the City’s Sign Ordinance can be met by the proposed
application as verified.
4.With the modification or verification setback from Silver Lake Road under conditions as
recommended by the Planning Commission, the proposed improvements constitute a
reasonable use of the property.
5.The operational aspects of the City’s Sign Ordinance can be met on an ongoing basis by
the owner/operator of the sign.
6.The proposed sign, constructed and operated within the requirements of the Code, will
not adversely impact surrounding property or public areas.
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 for a dynamic display sign as shown on the plans
submitted as of July 19, 2023, at 3312 Silver Lake Road, with the following conditions:
1.Applicant will submit plans verifying a setback from Silver Lake Road no closer than the
existing sign which is being removed.
2.Compliance with the operational standards of the code in Section 155.29, notably the
requirements for a static, monochrome message of at least 8 seconds duration on a black
background, and other related requirements.
Passed in regular session of the City Council on the ___ day of _________, 2023.
____________________________________
Randy Stille, Mayor
ATTEST:____________________________
Jennifer Doyle, City Clerk
Review for Administration: ____________________________________
Charlie Yunker, City Manager