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HomeMy WebLinkAboutPL PACKET 03192024CITY OF SAINT ANTHONY VILLAGE PLANNING COMMISSION MEETING AGENDA Tuesday, March 19, 2024 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 -20 -2024.PDF Public Hearing Conditional Use Permit - 2900 Pentagon Dr - Seasonal Outdoor Sales Garden Center Steve Grittman, City Planner, presenting. COVER MEMO.PDF APPLICANT LETTER.PDF APPLICATION.PDF SITE PLAN.PDF NOTICE - PUBLIC HEARING 2900 PENTAGON.PDF RESOLUTION 24 -0XX.PDF Conditional Use Permit - 3930 Silver Lake Rd - Seasonal Outdoor Sales Garden Center Steve Grittman, City Planner, presenting. COVER MEMO.PDF APPLICATION.PDF SITE PLAN.PDF NOTICE - PUBLIC HEARING 3930 SLR.PDF RESOLUTION 24 -0XX.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: B. Documents: VII. VIII. IX. X. XI. CITY OF SAINT ANTHONY VILLAGEPLANNING COMMISSION MEETING AGENDATuesday, March 19, 2024 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 -20 -2024.PDFPublic HearingConditional Use Permit - 2900 Pentagon Dr - Seasonal Outdoor Sales Garden CenterSteve Grittman, City Planner, presenting.COVER MEMO.PDFAPPLICANT LETTER.PDFAPPLICATION.PDFSITE PLAN.PDFNOTICE - PUBLIC HEARING 2900 PENTAGON.PDFRESOLUTION 24 -0XX.PDFConditional Use Permit - 3930 Silver Lake Rd - Seasonal Outdoor Sales Garden CenterSteve Grittman, City Planner, presenting. COVER MEMO.PDF APPLICATION.PDF SITE PLAN.PDF NOTICE - PUBLIC HEARING 3930 SLR.PDF RESOLUTION 24 -0XX.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:B. Documents: VII. VIII. IX. X. XI. 1 CITY OF ST. ANTHONY 2 PLANNING COMMISSION MEETING 3 FEBRUARY 20, 2024 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 Anderson, Hark, and Morita. 17 18 Absent:Commissioners Erickson, Gaveske and Rude. 19 20 Also Present: City Planner Stephen Grittman, Assistant City Manager Nicole Miller 21 and Student Liaison Henry Kling. 22 23 24 I.APPROVAL OF THE FEBRUARY 20, 2024 PLANNING COMMISSION MEETING 25 AGENDA. 26 27 Motion by Commissioner Morita, seconded by Commissioner Anderson, to approve the 28 February 20, 2024 Regular Planning Commission Meeting Agenda. 29 30 Motion carried 4-0. 31 32 II.APPROVAL OF THE DECEMBER 19, 2023, REGULAR PLANNING COMMISSION 33 MEETING MINUTES. 34 35 Motion by Commissioner Morita, seconded by Chair Socha, to approve the December 19 36 2023, Regular Planning Commission Meeting Minutes as presented. 37 38 Motion carried 4-0. 39 40 III.PUBLIC HEARING. 41 A.42 City Code Updates – Residential Storage, Rodent Harborage, Abandoned Signs, Trash 43 Screening Structures, Landscape Screening, Natural Landscapes 44 45 Chair Socha opened the public hearing at 7:05 p.m. 46 47 City Planner Stephen Grittman reviewed this ordinance presents a series of proposed code 48 amendments for Planning Commission consideration and discussion. These have been 49 generated primarily through a review of the existing City Code in preparation for the Planning Commission Regular Meeting Minutes February 20, 2024 Page 2 1 upcoming recodification through American Legal. The public hearing has been noticed, 2 although many of the general City code amendments do not require it. Most of these are 3 believed to be clerical, but some policy issues are raised. The code sections are summarized 4 briefly below to assist in the Commission’s discussion and review. 5 6 Staff requests the Planning Commission, if they find these amendments acceptable, make a 7 recommendation on the proposed ordinance and send it to the City Council for consideration, 8 including any recommended revisions to language or approach. Some of the proposed sections 9 may be withheld for further study and research if the Commission’s review requires it. 10 11 Mr. Grittman summarized the amendments in each section as: 12 13 Section 1 – Consolidates a variety of limits for outdoor noise generation to a consistent time, 14 requiring no excessive noise creation between 9:00 p.m. and 7:00 a.m. 15 16 Section 2 – Establishes a more quantifiable definition for landscape screening when it is 17 required by either the Code or by Council action. 18 19 Section 3 – Deletes parking references from the Nuisance section (these parking requirements 20 were updated and established as a separate section in a prior amendment, now codified as 21 Section 152.179). 22 23 Section 4 – Creates a definition for “rodents”, which are then regulated in the subsequent 24 sections. NOTE: the language was taken from other code examples – the Commission may 25 wish to comment on the inclusion of chipmunks and squirrels in this list. 26 27 Section 5 – Adds a prohibition on rodent harborage for Owner/Landlords. 28 29 Section 6 – Adds a prohibition on rodent harborage for renter/occupants. 30 31 Section 7 – Moves Nuisance Automobile language into a related public health nuisance 32 section. 33 34 Section 8 – Adds a process requirement for Abandoned Sign removal (currently there is a 35 definition and prohibition, but no specific consequence). 36 37 Section 9 – Adds a specific allowance for refuse container screening structures – now allowed 38 in the front yard – to be constructed of prefabricated materials, rather than the prior inference 39 that they be custom-built. 40 41 Section 10 and 11 – Consolidates adult daycare and childcare centers a Conditional Use in the 42 C, Commercial and LI, Light Industrial Districts – current language is inconsistent. 43 44 Sections 12 and 13 – Adoption/Admin language. 45 46 The draft amended Ordinance was provided for Commission consideration. Planning Commission Regular Meeting Minutes February 20, 2024 Page 3 1 2 Chair Socha requested the Commission go through each section individually. 3 4 Section 1 - Commissioner Anderson asked if 9:00 p.m. during the summer is correct given the 5 sun has not set. Commissioner Morita stated the facility at Central Park it seems early to have 6 to end activities at 9:00 p.m. Chair Socha stated 9:00 p.m. seems earlier that it needs to be and 7 it seems restrictive. There is a difference between power equipment and social activities. 8 Commissioner Hark stated she does not believe the Code says it needs to be shut down by 9 9:00 p.m. only if a complaint is filed. Commissioner Morita stated it runs a risk for neighbors 10 that don’t get along. Chair Socha asked if the public nuisance needed to affect more than one 11 neighbor. Mr. Grittman stated a public nuisance needs to affect the public generally. Chair 12 Socha suggested changing V1d to 10:00 p.m. There was a consensus of the Commission to 13 amend to 10:00 p.m. There was a discussion as to whether to change V1f. Mr. Grittman stated 14 “f” is a redundancy. Chair Socha requested Mr. Grittman research the status of “f” and update 15 Council on this change. Chair Socha referred to V2a and suggested it be made consistent. 16 Commissioner Morita stated he prefers the difference between weekdays and 17 weekends/holidays. Commissioner Hark stated 9:00 a.m. on weekends is appropriate. There 18 was not a consensus on this item. Chair Socha suggested 8:00 a.m. on the weekends. The 19 consensus is to leave this item as proposed. 20 21 Section 2 – Commissioner Anderson asked what a “B” property is. Mr. Grittman stated they 22 are now called “C” properties as there are no longer “B” properties in the City. 23 24 Section 3 – Chair Socha stated the added (a) provides the definition. 25 26 Section 4 – Chair Socha suggested adding “same or similar” to the list of undomesticated 27 animals. Commissioner Anderson noted squirrels can do a lot of damage. Commissioner 28 Anderson questioned harboring vs. feeding. Is this clear enough for Code enforcement. Mr. 29 Grittman stated feeding is covered in another section. 30 31 Section 5 – Section 5 is making it the responsibility of the owner and landlord of the property. 32 33 Section 6 – Same as Section 6. 34 35 Section 7 – No comments. 36 37 Section 8 – Chair Socha asked what is considered an abandoned sign. Mr. Grittman stated it is 38 defined in the sign section and read the definition. Chair Anderson asked about the cost of 39 removing a sign and Mr. Grittman stated the time involved for removal of the sign and any 40 disposal cost. Chair Socha asked if City Council action is needed and Mr. Grittman stated it is 41 needed in this case. 42 43 Section 9 – Student Liaison asked if the front yard included the side yards. Garbage cans are 44 allowed in the side yards without screening. 45 46 Section 10 – There were no comments or questions from the Commission. Planning Commission Regular Meeting Minutes February 20, 2024 Page 4 1 2 Section 11 – There were no comments or questions from the Commission. Mr. Grittman 3 stated they would be allowed in both districts. 4 5 Section 12 – No comments. 6 7 Section 13 – No comments. 8 9 Chair Socha closed the public hearing at 7:54 p.m. 10 11 Motion by Commissioner Anderson, seconded by Commissioner Morita, to recommend the 12 City Council adopt the amended Ordinance containing City Code Updates. 13 14 Motion carried 4-0. 15 16 IV.STAFF REPORTS. 17 18 Mr. Grittman noted the Code changes will go before the City Council at their first meeting in 19 March. Three readings will be done with adoption in April 2024. 20 21 The adult care facility reviewed in December by the Planning Commission and recommended 22 that City Council approve. Approval was granted in January 2024. 23 24 V.OTHER BUSINES - NONE. 25 26 VI.COMMUNITY FORUM - NONE. 27 28 No one appeared to address the Planning Commission. 29 30 VII.INFORMATION AND ANNOUNCEMENTS. 31 32 Chair Socha welcomed the three new members of the Planning Commission – Commissioner 33 Minerva Hark, Commissioner Barbara Anderson and Student Liaison Henry Kling. 34 35 VIII. ADJOURNMENT. 36 37 Motion by Commissioner Morita, seconded by Commissioner Anderson, to adjourn the 38 meeting at 8:00 p.m. 39 40 Motion carried 4-0. 41 42 Respectfully submitted, 43 Debbie Wolfe 44 TimeSaver Off Site Secretarial, Inc. MEMORANDUM To:St. Anthony Village Planning Commission From:Stephen Grittman, City Planner Date:Planning Commission Meeting – March 19, 2024 GC Project No.140.01 – 24.02 Request:Request for a Conditional Use Permit for a Temporary Structure (Garden Center) in a C, Commercial District Property Address:2900 Pentagon Drive Property PID:07-029-23-24-0018 PROJECT DESCRIPTION The Applicants are seeking approval of a Conditional Use Permit to erect and operate a temporary garden center as a commercial use on the property at the above address (the St. Anthony Shopping Center). The garden center would be set up and placed in the parking lot of the center along the outer boundary of the property nearest the frontage road for Highway 88. Temporary structures such as this are specifically allowed as Conditional Uses, with a series of conditions that relate to the site conditions and requirements for the facility, including duration, signage, and other operational elements. STAFF ANALYSIS Temporary structures are regulated by the Zoning Ordinance in Section 152.190 (F). That section provides as follows: (F) Accessory Seasonal Outdoor Sales, within a Commercial or PUD district, is allowed per the following requirements: 1) The Seasonal Outdoor Sales is an accessory aspect of the principal business on the property. 2) Issuance of a Conditional Use Permit (CUP). For recurring seasonal sales, the CUP shall be valid for each year the sales area is reestablished under an Administrative permit issued by the Zoning Administrator. A lapse of more than one year, or a change to the configuration or size of the proposed sales area, shall require an amendment to the Conditional Use Permit. March 19, 2024 Page 2 3) Shall be allowed for no longer than one hundred eighty (180) consecutive days each calendar year. 4) The outdoor sales area shall be located within the parking lot in a location so as not to disrupt the safety and flow of customer traffic. 5) The outdoor sales area shall not eliminate parking spaces to an amount that is detrimental to primary use or function of the site. 6) The outdoor sales area shall not obstruct existing pedestrian access on the site, whether from parking areas to the building entrance or from the public street to the building entrance. 7). Accessory structures in conjunction with the seasonal sales shall meet all applicable fire codes and parking lot setback requirements. Enclosed structures 200 square feet or more in size and/or open-sided canopies 400 square feet or more require a review and inspection by the Fire Marshal. For the application in question, the proposed garden center is proposed to be within a fenced enclosure shown as approximately 132 feet in length by 42 feet in width. A temporary greenhouse approximately 72 feet long by 22 feet wide (approximately 1,580 square feet) is located within the enclosed area, which is otherwise occupied by display of garden plants and materials. The site has been utilized in this manner on a seasonal basis in prior years. Indeed, the aerial photography on the Hennepin County property information website shows the prior installation, which is similar to that now proposed under the CUP: March 19, 2024 Page 3 The proposed site plan for the current application utilizes the same layout and location. As can be seen, the site occupies the outer drive lane for the center. While there could be some disruption of traffic pattern in this area, the frontage road duplicates the circulation aisle and as such, should not negatively impact traffic. The shopping center owner has collaborated with the application, and there is no expectation that the proposed site would create problems for either the site, or for public services that may be needed. One aspect of the site and use relates to the nature of the garden center as an independent tenant on the property. As there will be employees on site, the applicant should identify restroom facilities for the temporary use. If portable restroom facilities are to be utilized for the temporary use, the code requires in Section 152.190(E)(4) that: “In all districts, portable restroom facilities shall be placed in such a way as to maximize, insofar as practicable, screening of view from the public right of way and/or residentially zoned property, while acknowledging the need for service and maintenance access.” The applicant should identify how the site will be served for these purposes, and whether the employees will have access to facilities in permanent businesses on the site, or if a temporary restroom facility will be located to comply with the intent of this section. Signage for the facility is shown on the submitted drawings to consist of “wall” signage location over the entrance, and on the side walls of the temporary structure. No freestanding signage is proposed. The CUP provisions can include an allowance for the proposed signage as shown. As a part of the ongoing operational aspects of the use, the applicant should verify compliance with the duration (180 days), and any other requirements, including those of the fire department officials. GENERAL INFORMATION Applicant:Garden City LLC Owner:St. Anthony Shopping Center LLC Location:2900 Pentagon Drive Existing Land Uses Retail Shopping Center Zoning:C, Commercial Deadline for Agency Application Complete Date: March 4, 2024 Action:60 Days: May 3, 2024 Letter Sent:NA 120 Days:July 2, 2024 1.Criteria for and Consistency with Criteria for CUP Approval. Title XV Land Usage, Chapter 152 Zoning Code, Sections §152.190; §152.120 et seq; §152.243. March 19, 2024 Page 4 SUMMARY AND STAFF RECOMMENDATIONS Conditional Use Permit for a Temporary Garden Center- 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 to the City, operational information related to utility services and any details related to use and location of portable restroom facilities on the premises. 3.The CUP is provided for the requested site only. Changes in location, size, operation, or other aspects of the facility will require a new CUP application. The CUP, per the allowances of the Zoning Ordinance relating to Temporary Structures, remains valid for the location and site as proposed, with need only for annual administrative review, provided no expansion or other substantive changes are proposed. 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. ATTACHMENTS Exhibit A:Location map Exhibit B:Application and Supporting Material Exhibit C: Draft resolution To City Officials City Of St Anthony Village, Minnesota March 03, 2024 , Garden City LLC is a company that set up and operated temporary Garden Centers around the Metro area. I am enclosing some photos and information about our garden centers. We have been doing Flower Marts for 9 Years in the Twin Cities area. The response we have had from our customers and nearby businesses has been excellent. Our concept in marketing and presentation has received numerous compliments from customers and others within the garden center industry. Having a Garden City Flower Mart at your location generates a lot of excellent visual attraction which brings color to the center in the spring when shoppers are eager to get going on their gardens. Getting customers into shopping centers is of prime importance to all businesses. Having first quality garden products available for your customers shows that you care to provide them with a convenience near to where they shop. ABOUT GARDEN CITY: Garden City is a 9 year old business and has been selling high quality flower and vegetable plants. We buy and sell Annuals, nursery stock, perennials, and specialty items, During the last three years we have developed our "Flower Marts" and have placed them throughout the Twin Cities. In 2023 we operated at 9 different locations Rosedale Shopping Center, White Bear Shopping Center, and Mounds view Square Shopping Center, St Anthony Shopping Center, Country Village Shopping Center in Minnetonka and Burnsville Center. During our season we sell all types of annuals, perennials, hanging baskets and other products for use in the home garden. Because we are well known as a quality flower carrier, many gardeners seek us out to supply their planting needs. Locating in areas around the cities enables us to serve our customers better. It is also an opportunity for neighboring business owners to provide their customers with quality flower and vegetable plants conveniently nearby. Our customers have given us a tremendous welcome and look forward to our returning each spring. We carrier a quality bedding plants as well as other seasonal products for sale. We take great pride in our "Flower Marts" and are proud to display our name on them and carefully sign them to identify ourselves. The photos show our "Flower Marts" at various locations for you to see how we look. We are very proud of our reputation and do everything possible to be the best in this market. THE MARKET: We feel that your location may be an excellent place to locate a Garden City "Flower Mart". This could be an opportunity to serve our customers in your community with a nearby convenient shopping location where they can buy quality plant materials from a local Twin Cities growers. We are experienced in this kind of operation and feel that we are doing an excellent service for our customers and our surrounding communities. LOCATION: The area needed is typically 130’x 40’ This size includes the garden center itself and the patio areas connected to the Flower Mart. We will locate in a place that is some distance from the front of the other businesses and out of the main stream of traffic, both pedestrian and vehicular. We want to give the Flower Mart visibility to the public without obstructing the visibility of the other neighboring businesses, and at the same time have good visibility in order to attract customers into the lot. TRAFFIC: With regard for vehicle traffic, the "Flower Mart" is placed in the selected location in order to keep any traffic disruption to a minimum. The patio areas at the front, side and back serve to protect the "Flower Mart" from vehicles and let the drivers see around the garden center. The patio fence is about 4 ft high and surrounds the "Flower Mart" on three sides. This design has been used at our "Flower Marts" for several years and we have yet to have had a problem with vehicle movement. We feel that this is a safe way to deal with vehicles. Placed in this manner, vehicles cannot park adjacent to the "Flower Mart". The circulation of vehicles in the parking lot will not be adversely affected by the "Flower Mart" due to its location in the lot. PARKING: We have designed the "Flower Mart" as we did because we feel that this is the most professional design and uses the available space to its maximum potential. Garden City has operated "Flower Marts" successfully for 5 Years in communities surrounding the Twin Cities. It has been our experience that the traffic and parking in the lots shared by the "Flower Mart" is not affected considerably due to the sharing of customers with our property owner. We bring in many customers but they are easily handled by the size of the lots we occupy. We do not want to create a congestive atmosphere for our customers or neighboring businesses. The "Flower Mart" generates business activity which varies during the business day with the most activity occurring in late afternoon and evening. There is also business activity occurring on the weekends with the most on Saturdays. Having done this type of operation for 5 years, it would be safe to say that the average amount in the "Flower Mart" at any one time is about five to six customers. The maximum amount of customers may be up to ten. There are certainly times when special sales occur that higher levels of activity may occur, but we have never seen so much that a problem has occurred in relation to the amount of cars or pedestrian traffic. THE "FLOWER MART": The typical "Flower Mart" itself is 72’ ft long and 21 ft wide and 12 ft. high. There are patio/display areas in the front, side and rear of the "Flower Mart". The entire size is 130’x 40’. See the attached drawing. The size and configuration can be adjusted somewhat in order to meet the available space. The "Flower Mart" itself is a high quality greenhouse structure which sits on the pavement and is held down with an internal system which uses water for ballast. It is a commercially made unit, which is manufactured by a Minnesota company (Poly-Tex, located in Castle Rock, MN). It is a very good looking structure which we have used for many years. ADVERTISING: Garden City has established an extensive advertising program, which includes. The Garden City name is synonymous with quality, selection, and service. We also use radio, and other mailings and social media and 16,000 email list to convey our message. We make extensive efforts to bring in customers so we can be successful as well as all other merchants. SIGNAGE: The signage for a typical "Flower Mart" is shown on the drawing. This is what we believe to be an excellent signage plan. We have tried to design the appearance and signing of our stores to be not only eye catching but professional looking as well. We are very conscious of how we look and do business. We would comply with the current sign requirements of the City. UTILITIES: Our only utility requirements are reasonable access to water for the plants and 110 volt electricity (on 24 hours) which runs the cash register and other small items in the "Flower Mart". This power typically comes from a light pole in the lot nearest the "Flower Mart. We have no lighting permanently installed in the "Flower Mart". Garden City takes away all discarded material and unnecessary items. We strive to maintain a clean and professional appearance. Water is the other utility we need. This is needed to care for the plant material at the "Flower Mart". The source of the water is not specifically identified at this point. Hopefully a source can be located nearby or from the underground watering system. We only need the equivalent of a standard gardening hose to water the plant material. THE SPRING SELLING SEASON: The selling season to be from April 25 thru September 30 (weather dependent). We typically begin preparations to set up all of the Garden City "Flower Marts" from March 15 to the opening day. We request the necessary time to build the "Flower Mart" before the season begins. We first deliver the necessary equipment to the location and then begin setting-up the "Flower Mart" when the weather is permissible. The "Flower Mart" is taken down and totally removed on the closing day of the season. We totally clean and sweep the location in the parking lot so that once we are gone there is no evidence of our having been there. OUR HOURS: Our hours are 8:00 AM until 8:00 PM weekdays and Saturday 8:00 AM to 7:00 PM Sunday 8:00 AM to 8:00 PM . We typically have two to three employees during weekdays and three to four during weekends. We are open seven days a week during the season. The "Flower Mart" is closely supervised by myself and Store Managers who keep it stocked and operating cleanly and efficiently. We make every attempt to employ persons from the community. I have tried to provide all of the information about Garden City to answer your questions. We typically pay a fee to the owner for the season. Last year we had a very good welcoming from the community of St. Anthony. We are eager to come back and continue our tradition of providing the best products in a quality garden center at a first rate shopping center. If you have any other questions or concerns you can reach me at any time on my cellular telephone 612-363-2084. or by email at camilo@gardencitymn.com Best Regards Camilo Reyes Owner Print Before you begin this process, please consider a pre-application conference (by phone, email, or in person) with City community development staff. We are ready to assist in helping you understand the complexities of the review process, and the standards on which a potential application will be considered. We can also advise you on the materials that will help ensure you have a complete and clear application. City of St. Anthony City Hall 612-782-3301 Thanks for your interest in improving your property and reinvesting in the St. Anthony Village community. Fee and Escrow Terms By initialing below, the applicant agrees to pay the application fee and deposit an escrow fee to cover the city’s consultants’ costs associated with reviewing the associated request. If the city’s consultants’ costs exceed the initial escrow deposited by the applicant, an additional escrow fee will be collected from the applicatnt to cover the additional costs. Initial here to accept fee and escrow terms above* CRO Address of Property Involved* 2900 Pentagon Drive Property ID Number* 0702923240018 Legal Description Applicant Information Applicant Name* Garden City LLC- Camilo Reyes Applicant Email Address camilo@gardencitymn.com Land Use Application - Submission #6894 Date Submitted: 3/4/2024 Applicant Address 15450 N Dianond Lake Rd Applicant Phone Number* 6123632084 Property Information Property Owner (if different from above) Albert Owner Email Address alesther@aol.com Owner Address 2900 Pentagon Drive (St Anthony Shopping Center Parking lot) Owner Phone Number 612-7416469 Appeal ($500 fee + $1,500 escrow) Comprehensive Plan Amendment ($750 fee + $1,500 escrow if residential; $3,500 escrow if commercial/industrial) Conditional Use Permit ($1,000 fee+ $750 escrow if residential; $2,500 escrow if commercial/industrial) Easement Vacation ($200 fee + $500 escrow) Preliminary Plat ($750 fee + $1,500 escrow) Final Plat ($500 fee + $7500 escrow) Minor Subdivision/Lot Split ($500 fee + $1,500 escrow) Planned Unit Development (PUD) ($1,500 fee + $2500 escrow plus $50 escrow per residential unit ) Rezoning ($750 fee + $1,500 escrow) Zoning Text Amendment ($500 fee + $750 escrow) Site Plan ($500 fee + $750 escrow) Variance ($1,000 fee + $750 escrow if residential; $2,500 escrow if commercial/industrial) Type of Request (Check all that apply) Description of the Request (or a separate detailed narrative explaining the project) The request is to operate a temporary garden center at the St Anthony Shopping Center Parking Lot from March 15 to September 30 like we have been doing since 2016. Attachments 2024 St Anthony City Latter.docx Acknowledgement and Signature I acknowledge that I have read all of the information listed in the City of St. Anthony Village Land Use Application and fully understand that I am responsible for all costs incurred by the City related to the processing of this application. If additional fees are required to cover costs incurred from processing of the application, the City has the right to require additional payment from one or more of the undersigned, who shall be jointly liable for such fees. Such expenses may include (but are not limited to) direct city payroll and overhead costs, fees paid to consultants and other professionals, and the cost of printing, mailing, and supplies. Applicants are advised that an escrow deposit is required at the time of the submittal of the land use application to offset costs associated with the proposed project. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. I understand that approval from other agencies may be required before commencement with the stated project. I agree. Electronic Signature Agreement By checking the "I agree" box below, you agree and acknowledge that 1) your application will not be signed in the sense of a traditional paper document, 2) by signing in this alternate manner, you authorize your electronic signature to be valid and binding upon you to the same force and effect as a handwritten signature, and 3) you may still be required to provide a traditional signature at a later date. Electronic Signature* Camilo Reyes Ogando Payment Upon submission of this application, please mail or drop off payment for fee and escrow to City Hall 3301 Silver Lake Road, St. Anthony, MN 55418. NOTICE OF A PUBLIC HEARING March 19, 2024, 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 seasonal outdoor sales for a garden center at the property located at 2900 Pentagon Drive (St. Anthony Shopping Center parking lot). 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 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 tentatively to be scheduled on March 26, 2024 at 7:00 p.m. at City Hall. Steve Grittman City Planner CITY OF SAINT ANTHONY VILLAGE HENNEPIN COUNTY, MINNESOTA RESOLUTION 24-0xx A RESOLUTION APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT FOR A TEMPORARY BUILDING AND SEASONAL GARDEN FACILITY IN THE C, COMMERCIAL DISTRICT WHEREAS, the City of St. Anthony Village received a request from the property owner and proposed licensee for temporary building and seasonal garden center establishment at Pentagon Drive; and WHEREAS, the property is located in a C, Commercial district in which such facilities are allowed by Conditional Use Permit; and WHEREAS, the subject property has been utilized in a similar manner in past years, and has operated without significant issue; and WHEREAS, the Conditional Use Permit allowance for such uses is a one-time permitting requirement provided no substantive changes occur in the facility from year to year; and WHEREAS, consideration of a Conditional Use Permit in such areas is required to avoid unreasonable negative impacts on adjoining commercial property or public spaces; 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 19, 2024 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 commercial land use with access to a major roadway. 2.The proposed use is identified as an allowed Conditional Use in the applicable Commercial zoning district. 3.The additional impacts of the proposed are use expected to be minimal due to the minimal and temporary changes to the building and site, operations hours consistent with surrounding uses, and including compatibility with other uses in the neighborhood. 4.The proposed seasonal business use constitutes 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 the Conditional Use Permit authorizing a temporary building and seasonal garden facility as shown on the plans submitted on or before March 4, 2024, at 2900 Pentagon Drive, 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 to the City, operational information related to utility services and any details related to use and location of permanent or portable restroom facilities on the premises. 3.The CUP is provided for the requested site only. Changes in location, size, operation, or other aspects of the facility will require a new CUP application. The CUP, per the allowances of the Zoning Ordinance relating to Temporary Structures, remains valid for the location and site as proposed, with need only for annual administrative review, provided no expansion or other substantive changes are proposed. Passed in regular session of the City Council on the 26th day of March, 2024. ____________________________________ Wendy Webster, 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 19, 2024 GC Project No.140.01 – 24.03 Request:Request for a Conditional Use Permit for a Temporary Structure (Garden Center) in a PUD, Planned Unit Development District Property Address:3930 Silver Lake Road NE Property PID:31-30-23-31-0029 PROJECT DESCRIPTION The Applicants are seeking approval of a Conditional Use Permit to erect and operate a temporary garden center as a commercial use on the property at the above address (the Cub Foods property). The garden center would be set up and placed in the parking lot of the center within the parking near the southeast corner of the grocery store, nearest the front access road. Temporary structures such as this are specifically allowed as Conditional Uses, with a series of conditions that relate to the site conditions and requirements for the facility, including duration, signage, and other operational elements. STAFF ANALYSIS Temporary structures are regulated by the Zoning Ordinance in Section 152.190 (F). That section provides as follows: (F) Accessory Seasonal Outdoor Sales, within a Commercial or PUD district, is allowed per the following requirements: 1) The Seasonal Outdoor Sales is an accessory aspect of the principal business on the property. 2) Issuance of a Conditional Use Permit (CUP). For recurring seasonal sales, the CUP shall be valid for each year the sales area is reestablished under an Administrative permit issued by the Zoning Administrator. A lapse of more than March 19, 2024 Page 2 one year, or a change to the configuration or size of the proposed sales area, shall require an amendment to the Conditional Use Permit. 3) Shall be allowed for no longer than one hundred eighty (180) consecutive days each calendar year. 4) The outdoor sales area shall be located within the parking lot in a location so as not to disrupt the safety and flow of customer traffic. 5) The outdoor sales area shall not eliminate parking spaces to an amount that is detrimental to primary use or function of the site. 6) The outdoor sales area shall not obstruct existing pedestrian access on the site, whether from parking areas to the building entrance or from the public street to the building entrance. 7). Accessory structures in conjunction with the seasonal sales shall meet all applicable fire codes and parking lot setback requirements. Enclosed structures 200 square feet or more in size and/or open-sided canopies 400 square feet or more require a review and inspection by the Fire Marshal. For the application in question, the proposed garden center is proposed to be within a fenced enclosure shown as approximately 152 feet in length by 36 feet in width. A temporary greenhouse approximately 60 feet long by 21 feet wide (approximately 1,260 square feet) is located within the enclosed area, which is otherwise occupied by display of garden plants and materials. The site has been utilized in this manner on a seasonal basis in prior years. Indeed, the aerial photography on the Ramsey County property information website shows the prior installation, which is similar to that now proposed under the CUP: March 19, 2024 Page 3 The proposed site plan for the current application utilizes the same layout and location. As can be seen, the site occupies 2 ranks of parking in the existing parking lot. As situated, the existing drive aisles would remain unobstructed. The store owner has is the applicant, and there is no expectation that the proposed location or layout would create problems for either the site, or for public services that may be needed. The applicant should identify how the site will be served for restroom purposes, and whether the employees will have access to facilities in permanent businesses on the site. If a temporary restroom facility will be located to comply with the intent of Section 152.190(E) to ensure that it is placed in the least visible location. Signage for the facility is not shown on the submitted drawings. Any signage should consist only of “wall” signage. No freestanding signage is to be employed on the site. The CUP provisions can include an allowance for the proposed signage in compliance with these requirements. As a part of the ongoing operational aspects of the use, the applicant should verify compliance with the duration (180 days), and any other requirements, including those of the fire department officials. GENERAL INFORMATION Applicant:Cub Foods Owner:Inland Silver Lake Village Location:3930 Silver Lake Rd NE Existing Land Uses Retail Shopping Center Zoning:C, Commercial Deadline for Agency Application Complete Date: February 29, 2024 Action:60 Days: April 28, 2024 Letter Sent:NA 120 Days:June 27, 2024 1.Criteria for and Consistency with Criteria for CUP Approval. Title XV Land Usage, Chapter 152 Zoning Code, Sections §152.190; §152.120 et seq; §152.243. SUMMARY AND STAFF RECOMMENDATIONS Conditional Use Permit for a Temporary Garden Center- Staff recommends approval with the following conditions: March 19, 2024 Page 4 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 to the City, operational information related to utility services and any details related to use and location of portable restroom facilities on the premises. 3.The CUP is provided for the requested site only. Changes in location, size, operation, or other aspects of the facility will require a new CUP application. The CUP, per the allowances of the Zoning Ordinance relating to Temporary Structures, remains valid for the location and site as proposed, with need only for annual administrative review, provided no expansion or other substantive changes are proposed. 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. ATTACHMENTS Exhibit A:Location map Exhibit B:Application and Supporting Material Exhibit C: Draft resolution Print Before you begin this process, please consider a pre-application conference (by phone, email, or in person) with City community development staff. We are ready to assist in helping you understand the complexities of the review process, and the standards on which a potential application will be considered. We can also advise you on the materials that will help ensure you have a complete and clear application. City of St. Anthony City Hall 612-782-3301 Thanks for your interest in improving your property and reinvesting in the St. Anthony Village community. Fee and Escrow Terms By initialing below, the applicant agrees to pay the application fee and deposit an escrow fee to cover the city’s consultants’ costs associated with reviewing the associated request. If the city’s consultants’ costs exceed the initial escrow deposited by the applicant, an additional escrow fee will be collected from the applicatnt to cover the additional costs. Initial here to accept fee and escrow terms above* SJ Address of Property Involved* 3930 Silver Lake Rd St Anthony, MN 55421 Property ID Number* 31-30-23-31-0029 Legal Description Applicant Information Applicant Name* Steve Jost Applicant Email Address cub.x.31274asd@cub.com Land Use Application - Submission #6843 Date Submitted: 2/28/2024 Applicant Address Applicant Phone Number* 6127898689 Property Information Property Owner (if different from above) Cub Foods Owner Email Address cub.x.31274asd@cub.com Owner Address 3930 Silver Lake Rd St Anthony, MN 55421 Owner Phone Number 6127898689 Appeal ($500 fee + $1,500 escrow) Comprehensive Plan Amendment ($750 fee + $1,500 escrow if residential; $3,500 escrow if commercial/industrial) Conditional Use Permit ($1,000 fee+ $750 escrow if residential; $2,500 escrow if commercial/industrial) Easement Vacation ($200 fee + $500 escrow) Preliminary Plat ($750 fee + $1,500 escrow) Final Plat ($500 fee + $7500 escrow) Minor Subdivision/Lot Split ($500 fee + $1,500 escrow) Planned Unit Development (PUD) ($1,500 fee + $2500 escrow plus $50 escrow per residential unit ) Rezoning ($750 fee + $1,500 escrow) Zoning Text Amendment ($500 fee + $750 escrow) Site Plan ($500 fee + $750 escrow) Variance ($1,000 fee + $750 escrow if residential; $2,500 escrow if commercial/industrial) Type of Request (Check all that apply) Description of the Request (or a separate detailed narrative explaining the project) Parking lot seasonal garden center (site plan attached) Attachments silver lake cub garden center site plan.pdf Acknowledgement and Signature I acknowledge that I have read all of the information listed in the City of St. Anthony Village Land Use Application and fully understand that I am responsible for all costs incurred by the City related to the processing of this application. If additional fees are required to cover costs incurred from processing of the application, the City has the right to require additional payment from one or more of the undersigned, who shall be jointly liable for such fees. Such expenses may include (but are not limited to) direct city payroll and overhead costs, fees paid to consultants and other professionals, and the cost of printing, mailing, and supplies. Applicants are advised that an escrow deposit is required at the time of the submittal of the land use application to offset costs associated with the proposed project. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. I understand that approval from other agencies may be required before commencement with the stated project. I agree. Electronic Signature Agreement By checking the "I agree" box below, you agree and acknowledge that 1) your application will not be signed in the sense of a traditional paper document, 2) by signing in this alternate manner, you authorize your electronic signature to be valid and binding upon you to the same force and effect as a handwritten signature, and 3) you may still be required to provide a traditional signature at a later date. Electronic Signature* Steven D Jost Payment Upon submission of this application, please mail or drop off payment for fee and escrow to City Hall 3301 Silver Lake Road, St. Anthony, MN 55418. NOTICE OF A PUBLIC HEARING March 19, 2024, 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 seasonal outdoor sales for a garden center at the property located at 3930 Silver Lake Road (Cub Foods parking lot). 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 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 tentatively to be scheduled on March 26, 2024 at 7:00 p.m. at City Hall. Steve Grittman City Planner CITY OF SAINT ANTHONY VILLAGE HENNEPIN COUNTY, MINNESOTA RESOLUTION 24-0xx A RESOLUTION APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT FOR A TEMPORARY BUILDING AND SEASONAL GARDEN FACILITY IN A COMMERCIAL AREA OF THE SILVER LAKE PUD, PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, the City of St. Anthony Village received a request from the property owner and proposed licensee for temporary building and seasonal garden center establishment at 3930 Silver Lake Road NE; and WHEREAS, the property is located in a commercial area of the Silver Lake PUD District in which such facilities are allowed by Conditional Use Permit; and WHEREAS, the subject property has been utilized in a similar manner in past years, and has operated without significant issue; and WHEREAS, the Conditional Use Permit allowance for such uses is a one-time permitting requirement provided no substantive changes occur in the facility from year to year; and WHEREAS, consideration of a Conditional Use Permit in such areas is required to avoid unreasonable negative impacts on adjoining commercial property or public spaces; 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 19, 2024 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 commercial land use with access to a major roadway. 2.The proposed use is identified as an allowed Conditional Use in a commercially zoned districts. 3.The additional impacts of the proposed are use expected to be minimal due to the minimal changes to the building and site, operations hours consistent with surrounding uses, and including compatibility with other uses in the neighborhood. 4.The proposed seasonal business use constitutes 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 areas of the PUD 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 a temporary building and seasonal garden facility as shown on the plans submitted on or before February 29, 2024, at 3930 Silver Lake Road NE, 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 to the City, operational information related to utility services and any details related to use and location of portable restroom facilities on the premises. 3.The CUP is provided for the requested site only. Changes in location, size, operation, or other aspects of the facility will require a new CUP application. The CUP, per the allowances of the Zoning Ordinance relating to Temporary Structures, remains valid for the location and site as proposed, with need only for annual administrative review, provided no expansion or other substantive changes are proposed. Passed in regular session of the City Council on the 26th day of March, 2024. ____________________________________ Wendy Webster, Mayor ATTEST:____________________________ City Clerk Review for Administration: ____________________________________ Charlie Yunker, City Manager