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HomeMy WebLinkAboutPL PACKET 06182024CITY OF SAINT ANTHONY VILLAGE PLANNING COMMISSION MEETING AGENDA Tuesday, June 18, 2024 at 7:00 PM 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 05 -21 -2024.PDF Public Hearing Conditional Use Permit - 2801 Kenzie Terrace Steve Grittman, City Planner, presenting. COVER MEMO.PDF PRESENTATION.PDF APPLICATION MATERIALS.PDF 2801 KENZIE DYNAMIC SIGN CUP CC RESOLUTION.PDF NOTICE - PUBLIC HEARING - BLVD AUTO 2801 KENZIE CUP.PDF Conditional Use Permit - 2401 Lowry Ave NE Steve Grittman, City Planner, presenting. COVER MEMO.PDF 2024 05 17_LAND USE PHOTOS.PDF APPLICATION.PDF Q -A APPLICATION SUPPLEMENT.PDF NOTICE - PUBLIC HEARING - 2401 LOWRY PUD.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, June 18, 2024 at 7:00 PMMembers 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 05 -21 -2024.PDFPublic HearingConditional Use Permit - 2801 Kenzie TerraceSteve Grittman, City Planner, presenting.COVER MEMO.PDFPRESENTATION.PDFAPPLICATION MATERIALS.PDF2801 KENZIE DYNAMIC SIGN CUP CC RESOLUTION.PDFNOTICE - PUBLIC HEARING - BLVD AUTO 2801 KENZIE CUP.PDFConditional Use Permit - 2401 Lowry Ave NESteve Grittman, City Planner, presenting.COVER MEMO.PDF2024 05 17_LAND USE PHOTOS.PDFAPPLICATION.PDF Q -A APPLICATION SUPPLEMENT.PDF NOTICE - PUBLIC HEARING - 2401 LOWRY PUD.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 MAY 21, 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, Morita, and Rude. 17 18 Absent:Commissioner Erickson and Gaveske 19 20 Also Present: City Planner Stephen Grittman. 21 22 23 I.APPROVAL OF THE MAY 21, 2024 PLANNING COMMISSION MEETING 24 AGENDA. 25 26 Motion by Commissioner Morita, seconded by Commissioner Anderson, to approve the May 27 21, 2024 Regular Planning Commission Meeting Agenda. 28 29 Motion carried 5-0. 30 31 II.APPROVAL OF APRIL 16, 2024, REGULAR PLANNING COMMISSION MEETING 32 MINUTES. 33 34 Motion by Commissioner Anderson, seconded by Commissioner Morita, to approve the April 35 16, 2024, Regular Planning Commission Meeting Minutes as presented. 36 37 Motion carried 5-0. 38 39 III.PUBLIC HEARING. 40 A.41 Beekeeping Ordinance. 42 43 Chair Socha opened the public hearing at 7:03 p.m. 44 45 City Planner Stephen Grittman reviewed the proposed Ordinance amendment has been 46 generated by the Parks and Environmental Commission (PEC) to allow beekeeping in St. 47 Anthony. If adopted, beekeeping would be allowed by license as a waiver from what is 48 currently a prohibition on “farm animals”. The license would be subject to a set of regulations Planning Commission Regular Meeting Minutes May 21, 2024 Page 2 1 that are designed to ensure that such licensees are thoroughly trained to responsibly keep and 2 maintain bees on their residential property. 3 4 The existing City Code provisions relevant to “farm animals” prohibit them in the City, with 5 the allowance that the City Council may approve specific requests, waiving the usual 6 prohibition. This waiver has been primarily utilized for chickens in the past. There is no 7 specific requirements for the keeping of chickens, however, staff and the Council routinely 8 add requirements to ensure that chicken facilities are installed and managed to minimize 9 neighborhood concerns. 10 11 For bees, the waiver process would still exist, however, extensive requirements for bees are 12 proposed. Beekeeping operations can be difficult for potential beekeepers to successfully and 13 safely implement in residential environments and the requirements in the ordinance are 14 intended to address those issues. 15 16 The PEC reviewed the ordinance contents with Code Staff at their March, 2024 meeting. A 17 copy of the staff report was provided for Planning Commission background. The updated 18 ordinance reflects staff’s updates based on the PEC’s comments and questioning, as well as 19 three additional modifications related to (F) License Term; (G) Allergy issues; and (I) 20 Location. 21 22 Mr. Grittman summarized the proposed changes as follows: 23 24 (F)Staff added to the license section to create an administrative renewal for licenses on an 25 annual basis, unless the City Manager finds that the request requires City Council 26 review. 27 28 (G)License Limitations for Allergies. The ordinance creates a requirement for potential 29 applicants to survey neighboring property owners as to “medically documented” 30 allergies. The original language in the PEC version required documentation for all 31 property owners within “100 feet” of the subject parcel. Administration of this 32 requirement may prove complicated, and as such, the standard is proposed to be 33 limited to “abutting property”. 34 (I)35 (3) – Location – planning staff modified the original draft language that required a 36 200-foot separation between hive placements and any property zoned other than R-1, 37 Single Family. Instead, planning staff proposes that on any property “abutting” non-R- 38 1 property, the hive shall be located as far as practical from the non-R-1 boundary. It is 39 believed that the 200-foot buffer distance would be difficult to manage and would 40 exempt many R-1 parcels from eligibility. 41 42 If acceptable to the Planning Commission, staff asks that the Commission consider 43 recommendation of the proposed ordinance to the City Council for adoption. This may 44 include recommended modifications to the proposed draft as deemed appropriate to the 45 Commission. 46 Planning Commission Regular Meeting Minutes May 21, 2024 Page 3 1 Mr. Grittman noted he has not received any comments from residents. 2 3 Commissioner Rude noted birds are listed twice in the ordinance and asked which type of 4 birds would be kept outside as pets. There is some inconsistency in the mentioning of ducks 5 and geese. The definition of undeveloped property “human occupancy” should be changed to 6 “human use” instead. Mr. Grittman stated the term occupancy refers to use. Commissioner 7 Rude asked if a garden would be considered “undeveloped property” or would it be 8 developed. Mr. Grittman stated a garden would be an accessory use to a single family home. 9 Commissioner Rude referred to 91.56 under “D” the course on beekeeping and asked what 10 would be required to prove the owner is “trained”. The training should be acceptable to the 11 City Manager or designee. Commissioner Rude suggested that be added to the wording. The 12 consensus of the Commission agreed. 13 14 Commissioner Anderson asked about the same section and the allowance for nuisance 15 complaints. She asked if this would just be a call to City Hall. Mr. Grittman stated they could 16 ask the City to enforce the Code or go to court with a Tort claim. A defense they are 17 complying with City Code is not a defense if a nuisance is questioned. Mr. Grittman will look 18 into the source for this particular language. Commissioner Rude stated a lawsuit might be 19 more restrictive than we need to be. If the City brings action for nuisance that may be an 20 administrative proceeding. 21 22 Chair Socha referred to the license term. When thinking of two lots on a property that would 23 affect distances. She feels the wording “property” is sufficient. Commissioner Morita stated if 24 the wording of switching “lot” to “property” he would be in support of that. Mr. Grittman 25 stated “lot” would be more precise. Chair Socha asked why Staff does not support the license 26 term ending on 5/31 of each year. Mr. Grittman stated the administrative staff believes the 27 process currently used for chickens which is to issue the approval (license) at the time and not 28 require the beekeeper to come back every year for a renewal but use their property in 29 accordance with the terms of their approval. This would reduce the burden for administrative 30 staff and the license holder. The City always has the authority to review. Mr. Grittman stated 31 he believes since the chicken process has been successful, the City Manager hopes the 32 beekeeping process will be the same. Chair Socha suggested a 5-10 year license term be 33 implemented. The license does not transfer with the property. The consensus was to not have 34 annual renewal process for the licenses per staff’s recommendation. 35 36 Commissioner Anderson commented on the allergy portion and if a house next door is sold 37 and new people move in who could have an allergy. There needs to be a notification process. 38 It was suggested that if someone near a beehive can show they have an allergy then the license 39 could be revoked. Commissioner Hark stated if circumstances changed it would need to be 40 reviewed. Mr. Grittman stated this is not really a zoning ordinance. We are not allowed to 41 require someone to get the approval of their neighbors to get a zoning permit. This is a land 42 use issue. He has some concern about this clause all together. This may be beyond the City’s 43 authority. Commissioner Rude asked what happens if the neighbor refuses to sign. Nuisance 44 could include someone on an adjacent property reports they have an allergy. Nuisance 45 includes where someone has a documented allergy and should be included in the definition of 46 what a nuisance is. Notice would need to be provided. Chair Socha asked if the beekeeper Planning Commission Regular Meeting Minutes May 21, 2024 Page 4 1 would need to provide notice or the City would provide the notice. Mr. Grittman stated the 2 City would send out the notice of the application for a license to the neighboring properties. 3 The realtor selling the house should be aware and should notify the potential buyers. 4 5 Commissioner Rude stated the City should encourage bees but needs to monitor for health and 6 safety of others. He wouldn’t want his property not to be able to be sold because the neighbor 7 has bees. 8 9 Commissioner Rude asked what the rear building line is. Mr. Grittman stated behind the rear 10 building line of the yard. Does 30 feet from any neighboring building include a storage shed 11 and Mr. Grittman stated it does as far as it is written. 12 13 Chair Socha asked about the limit of number of colonies and whether the term nucleus should 14 be used. No modifications are needed. 15 16 Commissioner Rude stated #2 and #8 appear identical. Mr. Grittman stated he failed to delete 17 that and will do so. 18 19 Commissioner Rude referred to #10 and the height being at least 6 ft high. He suggested 20 modifying the language and it seems the exit and entry level for bees entering the hives is 21 really the concern. Chair Socha asked that this issue be considered and some of the questions 22 be answered. 23 24 Commissioner Rude stated he is also unclear on “E”. If it is 6 feet there is no flyway needed. 25 He asked if that is referring to the hive itself. Mr. Grittman stated that if there was an 26 enclosure around the hive of at least 6 feet then the extended flyway barrier would not be 27 needed. Mr. Grittman will ask more specific questions to the PEC. 28 29 Chair Socha referred to the section (K1) on inspections. It doesn’t include how often the 30 inspection needs to be done. Mr. Grittman stated he presumes the City would not want a 31 limitation on the number of inspections. 32 33 Commissioner Rude referred to the scheduling of the hearing after notice of intent to revoke. 34 Notice should be required to the neighbors of the property. Mr. Grittman stated it would be 35 fair to provide notice. It is not a public hearing however interested parties are invited to 36 attend. Notice would not be a problem to send neighbors the notice that the hearing would be 37 held. Commissioner Rude withdrew his suggestion. Chair Socha stated she feels some of the 38 neighbors may have comments and suggested it be flagged for City Council discussion. 39 40 Commissioner Rude referred to #4 at the bottom of the page add “if required” to the statement 41 of moving to another location. 42 43 Chair Socha asked if the Commission is in favor or against the overall ordinance. 44 Commissioner Hark stated it is routine for a City to have such an ordinance. Commissioner 45 Anderson stated there are benefits to having bees and she is glad the PEC brought this up. Planning Commission Regular Meeting Minutes May 21, 2024 Page 5 1 Commissioner Rude stated he would be in favor. Commissioner Morita and Chair Socha 2 agreed. 3 4 There were no members of the public present to comment at the meeting. 5 6 Chair Socha closed the public hearing at 8:02 p.m. 7 8 Motion by Commissioner Morita, seconded by Commissioner Rude, to recommend the City 9 Council approve the modifications to the Beekeeping Ordinance as provided. 10 11 Motion carried 5-0. 12 B.13 Cannabis – Zoning Ordinance Amendments. 14 15 Chair Socha opened the public hearing at 8:02 p.m. 16 17 Mr. Grittman reviewed the State of Minnesota has passed legislation during the 2023 18 legislative session legalizing various aspects of cannabis use, sales, agriculture, and 19 manufacturing. This legislation follows 2022 legalization of certain low-potency hemp-based 20 THC products. The City of St. Anthony subsequently adopted regulations for hemp-THC 21 products. 22 23 In August of 2023, the City adopted a moratorium on cannabis-related businesses (as 24 authorized by the legislation), in anticipation of the State’s establishment of agency and rule- 25 making activities. The State has created the Office of Cannabis Management (OCM) to carry 26 out the requirements of the legislation, with an originally-anticipated start date of January, 27 2025. While that date may shift some, the City is seeking to update its zoning regulations to 28 comply with the local land use impacts of the legislation. Included with this memo is a draft 29 ordinance establishing basic zoning regulations in this regard, based on additional research 30 and the Commission’s discussion at its April, 2024 meeting. 31 32 One aspect of the City’s regulation to note is personal cannabis use, which was legalized by 33 the 2023 legislation, and took effect in August of last year. As a part of that process, the City 34 separately established a prohibition on smoking in public places, which is applicable to any 35 smoking or product. That aspect of the City’s regulation is not further addressed by the 36 materials for this review. 37 38 The cannabis topic is complex and has many facets that impact local government. For the 39 purposes of this review, these materials limited to impacts on land use regulation and zoning. 40 For most of this, the requirements will be addressing business regulation – business type, May 41 21, 2024 Page 2 location, and related concerns. Municipal sales, law enforcement, and other 42 administrative or General Code aspects of the law are left to separate consideration by City 43 Council. 44 45 Land Use Aspects of Cannabis Legalization - The legislation creates several categories of 46 licensing for Cannabis business activity. The State OCM will assume all requirements for 47 Planning Commission Regular Meeting Minutes May 21, 2024 Page 6 1 licensing of cannabis businesses, including retailers, manufacturers, transporters, and 2 warehousing. The law includes all types of cannabis product, including hemp-THC products 3 and medical cannabis. 4 5 The law provides that the City may not prohibit the business uses for cannabis products due 6 merely because of the nature of the product. Therefore, where the City allows manufacturing, 7 a business that manufactures a cannabis product licensed by the State must be accommodated. 8 There can be no additional limits for these businesses, such as number of licensees, proximity 9 to other uses, etc. 10 11 Included in the types of licensed businesses are retailers, however, retailing can be limited by 12 the City under specific circumstances. There are six categories of retail business that are 13 called out for these limitations: Cannabis “Mezzo-businesses”, Cannabis “Micro-businesses”, 14 Cannabis Retailers, Medical Cannabis Retailers, Medical Cannabis Combination Business, 15 and Low-Potency Edible Hemp Retailer. 16 17 Cannabis “Mezzo-“ and “Micro-“ businesses are essentially processor facilities that may, if 18 licensed and appropriate under local zoning, qualify for a retail sales license as a component 19 of their industrial enterprise. The difference relates to licensed processing space – up to 5,000 20 square feet for “Micro-business”, and from 5,001 to 15,000 square feet for “Mezzo-business”. 21 Cannabis retailers, by contrast, are specifically retail-oriented, in which no industrial activity 22 (manufacturing, processing, etc.,) occurs. Medical cannabis retailing or combination 23 businesses are those that may retail consumer products, but are also licensed to dispense 24 medical cannabis treatments. Low potency Hemp retailers are those that are currently eligible 25 to sell such products under the prior 2022 legislation. In St. Anthony, those potential locations 26 are limited to only those also with a current tobacco sales license. 27 28 Local Limitations - The legislation permits the City to limit cannabis sales, with specific 29 limitations on that authority. Essentially, those limitations are as follows: 30 31 a. The State OCM will assume authority for licensing all cannabis and hemp-related 32 businesses. 33 b. As a part of the State’s licensing process, the OCM will contact the local government 34 to know if the City will “register” the business location, which is an information 35 process, not a licensing authority. Zoning compliance will be an aspect of local 36 “registration”. 37 c. A City may not enact any ordinance that has the effect of prohibiting cannabis 38 businesses. 39 d. A City must provide for an allowance of at least one cannabis-retail facility, whether 40 that is a “Micro-“ or “Mezzo-“ business, a cannabis retailer. This allowance increases 41 by one additional business for each 12,500 residents. May 21, 2024 Page 3 42 e. St. Anthony’s current population of under 10,000 requires the allowance of at least one 43 licensed retailer. The City may by ordinance limit the number of licensees to its 44 minimum registration of one retail location, although the City is not required to do so. Planning Commission Regular Meeting Minutes May 21, 2024 Page 7 1 f. The law permits the City to limit the location of cannabis businesses by routine 2 zoning, and also by a separation distance from certain listed land uses. This allowance 3 appears to relate to any cannabis business, not just retailers. 4 g. The law permits the City to enact a minimum distance of 500 feet separation from any 5 daycare, residential treatment center, or an “attraction within a public park that is 6 regularly used by minors, including a playground or athletic field”. There are three 7 commercial daycare operations in the City that are within 500 feet of Commercial or 8 Industrial zoned properties – these are highlighted on an attached map. All of these 9 would create exclusion zones prohibiting cannabis businesses around them if the City 10 adopts the separation distance. 11 h. The law permits the City to enact a minimum distance of 1,000 feet separation from 12 any school. There are three school sites in the City – Wilshire Park Elementary, St. 13 Anthony Middle and High Schools, and St. Charles Boromeo School. None of these 14 schools are within 1,000 of any Commercial or Industrial zoned land. 15 i. Based on a preliminary analysis, the distances from the City’s parklands are all more 16 than 500 feet to any commercial or industrial zoned land (Emerald, Silverwood, or 17 Central Parks), or are already in excluded areas due to daycare locations (Silver Point 18 and Trillium Parks). 19 j. Salo Park – if included – could have a separation distance would exclude most of the 20 Silver Lake Village shopping center area (including Cub Foods and the City’s 21 municipal liquor store). However, Salo is identified in the City’s system planning as a 22 stormwater facility, not technically a park. Moreover, few of the activities are designed 23 to specifically attract minors. As such, no separation distance would apply. 24 k. Regardless of the allowance to require separation, the law requires that the City may 25 not enact a separation distance that has the practical effect of prohibiting the location 26 of a cannabis business in the City. It appears from this preliminary analysis that 27 1. Enactment of a separation distance for schools would not impact any 28 Commercial or Industrial property; 29 2. Enactment of a 500 foot separation for daycare locations would impact some 30 Commercial and Industrial properties in the south portion of the City, but retain 31 eligibility for such use in some other portions of those districts. 32 3. Enactment of a 500 foot separation for parks where minors commonly use the 33 facility would not impact the City’s primary park system properties. 34 35 In summary, the primary zoning separation requirements would apply to the daycare facilities 36 in the south portion of the community as follows: 37 38 · 3055 Old Hwy 8 (Ikram Child Care): Any exclusion distance for the daycare 39 facilities at 3055 Old Hwy 8 would result in a prohibition of retail sales for other 40 potential commercial/industrial uses on that site. Depending on the separation distance 41 chosen, the industrial property south of Highway 88 could be impacted – the closest 42 distance to those areas appears to be approximately 270 feet. 43 44 · 2812 Anthony Lane South (Jack and Jill Preschool and Childcare): This daycare 45 parcel is located in an industrial park area. Exclusion of cannabis businesses of any 46 distance will impact some potential retail locations, primarily as a part of a “micro-“ or Planning Commission Regular Meeting Minutes May 21, 2024 Page 8 1 “mezzo-“ business which does some form of industrial processing and proposes to also 2 sell retail products as an aspect of the business. The number of parcels impacted will 3 depend on the separation distance chosen. 4 5 · 2955 Pentagon Drive (Step by Step Montessori): This facility is located in the St. 6 Anthony Shopping Center, zoned Commercial. Much of the shopping center area 7 would be prohibited from retail sales, again depending on the size of the separation 8 distance adopted. 9 10 As noted, the statute permits (but does not require) the City to create exclusion 11 distances from schools, parks, and childcare facilities to any cannabis facility that 12 includes retail sales. For St. Anthony, the proximity of schools and parks to any 13 potential Commercial or Industrial site is not applicable, given the geography and land 14 use pattern. The primary issue would be the location of childcare facilities in the south 15 portion of the city. There are three such facilities that would, if a separation distance is 16 adopted, create an exclusion area for surrounding property. 17 18 At its April meeting, the Planning Commission discussed whether the exclusion area 19 was relevant to daycare, based on an assumption that unlike schools and parks, there is 20 less likely to be unsupervised child presence using daycare facilities. The zoning 21 action for the City would be an amendment to the Zoning Ordinance that eliminates 22 the current total prohibition of cannabis businesses, and replacement with language 23 related to separation where applicable. 24 25 Although no impacts are foreseen for Schools and Parks as noted, staff would 26 recommend adoption of the full State-allowed exclusion area for those uses (1,000 feet 27 for schools, and 500 feet for parks). There continue to be discussions at the State level 28 (both legislatively and agency-driven) that will continue to refine aspects of the law. 29 As such, these protections would be consistent with the allowances, and address any 30 unforeseen circumstances until additional guidance is provided. Guidance is likely to 31 come from a variety of sources, including both the League of Minnesota Cities and the 32 Office of Cannabis Management (in the form of a model ordinance). 33 34 For childcare facilities, there is likely to be some pressure to adopt a limited separation 35 zone from retail cannabis outlets. As noted, the full 500 feet would significantly limit 36 retail outlets in the south area of the City. A distance of 250 feet would have a lesser 37 impact, but still affect some potential sales locations. In the alternative, the City could 38 create a limitation that prohibits retail sales on premises that abut a parcel with 39 childcare, rather than default to the distance allowance. This would be effectively the 40 same as a “1-foot” buffer. The attached draft ordinance incorporates alternative 41 language for Planning Commission review and discussion. The OCM has not 42 answered the question if licensed in-home daycares will need the buffer. 43 44 The Planning Commission is requested to further discuss the separation distance 45 aspects of the potential regulations, and raise other issues as they may impact a final 46 ordinance adoption. With these comments, and if the proposed Ordinance amendments Planning Commission Regular Meeting Minutes May 21, 2024 Page 9 1 reflect those discussions, forwarding the zoning amendment to the City Council would 2 be in order. 3 4 If the Planning Commission is in agreement, staff recommends approval of a draft 5 zoning regulation that creates the separation distances for schools (1,000 feet), parks 6 (500 feet – specifically for Central Park, Emerald Park, Silver Point Park, Trillium 7 Park, and Water Tower Park), and either a specific distance or an “abutting property” 8 separation for childcare facilities. 9 10 The draft Ordinance Amendment, State Law – Local Control and a Map of Separation 11 Distance Impacts, was included in the meeting packet. 12 13 Commissioner Morita asked what the main concern was about having a retail operation next 14 to a school or daycare center and would the liquor store not be able to send any cannabis- 15 related beverages. Mr. Grittman stated THC beverages are treated differently in the law. This 16 would not prohibit THC-infused beverages but would affect if the City decided to have a 17 municipal cannabis retail facility. Commissioner Morita likes the verbiage for the buffer 18 distances in the draft language. 19 20 Commissioner Rude agrees with the public parks and schools buffer. He provided some 21 alternate language for the retail distance of being 60 feet which is the average width of a lot in 22 St. Anthony. Commissioner Morita agreed. Chair Socha was thinking 50-100 ft. 23 Commissioner Hark agreed however she leans more toward 100 ft. Commissioner Anderson 24 stated she would like 100 ft. also. Mr. Grittman read the wording citing 100 ft. The consensus 25 of the Commission was 100 ft. 26 27 Chair Socha closed the public hearing at 8:23 p.m. 28 29 Motion by Commissioner Hark, seconded by Commissioner Rude, to recommend the City 30 Council approve the draft zoning regulation that creates the separation distances for schools 31 (1,000 feet), parks (500 feet – specifically for Central Park, Emerald Park, Silver Point Park, 32 Trillium Park, and Water Tower Park), and either a specific distance or an “abutting property” 33 separation for childcare facilities as modified. 34 35 Motion carried 5-0. 36 37 IV.STAFF REPORTS. 38 39 Mr. Grittman stated the Planning Commission had reviewed the Culver’s request for a 40 Conditional Use Permit. The City Council approved the request after some discussion. 41 42 V.OTHER BUSINESS - NONE. 43 44 VI.COMMUNITY FORUM - NONE. 45 46 No one appeared to address the Planning Commission. Planning Commission Regular Meeting Minutes May 21, 2024 Page 10 1 2 VII.INFORMATION AND ANNOUNCEMENTS - NONE. 3 4 VIII. ADJOURNMENT. 5 6 Motion by Commissioner Morita, seconded by Commissioner Hark, to adjourn the meeting at 7 8:30 p.m. 8 9 Motion carried 5-0. 10 11 12 Respectfully submitted, 13 Debbie Wolfe 14 TimeSaver Off Site Secretarial, Inc. MEMORANDUM To:St. Anthony Village Planning Commission From:Stephen Grittman, City Planner Date:Planning Commission Regular Meeting for June 18, 2024 GC File No:140-01 – 24.04 Request:Request for a Conditional Use Permit for an electronic (digital display) sign for Boulevard Autoworks at 2801 Kenzie Terrace BACKGROUND AND STAFF RECOMMENDATION The applicant is proposing to replace an existing freestanding sign with a ground/monument sign with an electronic message displays located at 2801 Kenzie Terrace. The ground sign would be located along the area of the parcel adjacent to Kenzie Terrace 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:James Hamilton Owner:Teak Properties o/b/o Boulevard Autoworks Location:2801 Kenzie Terrace Existing Land Use / Zoning:Commercial Auto Service / Zoned: C, Commercial Surrounding Land North: Single Family Residential / Zoned: R-1 Use / Zoning:East: Single Family Residential / Zoned: R-1 South: Commercial Retail / Zoned: C West: Single Family Residential / Zoned: R-1 Deadline for Agency Complete Application Date: 05-08-2024 Action:60 Days: 07- 07-2024 Letter Sent:Pending 120 Days:09-05-2024 June 18, 2024 Page 2 ANALYSIS 1.Background The applicant proposes to upgrade their current ground sign at the subject property along Kenzie Terrace: The new sign would be located in same location as the existing freestanding sign near the intersection of Kenzie Terrace and Pahl Avenue. The sign location meets the required setback distance of 15 feet from the curb line of the adjoining streets, approximately 20 feet from Pahl June 18, 2024 Page 3 Avenue and approximately 18 feet from Kenzie Terrace. The plans indicate the overall height of the sign to be 8 feet the maximum height for such signs. The Dynamic Display will be just under 5 square feet, which is significantly less than 35% of the total allowable size for such signs. The total sign display area, including both the digital and non-digital surface, is approximately 47 square feet. Ground signs requirements for uses in the C zoning district are subject to the following requirements: Maximum Height: 8 feet - Proposed height of 6.5 feet Setback: 15 feet from street curb – Proposed setbacks of 18 and 20 feet Sign Area: 150 square feet – Proposed size of 48 square feet Dynamic Displays are further subject to these additional requirements: Percentage of allowable sign area for district: 35% - Proposed size is 5 sf – 11% of sign size 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 images included with the application indicate consistency with the color requirements. The base of the sign will be established as having decorative masonry block, consistent with the requirements for such signs. The primary review issue with this sign is that the change from a pole-mounted sign to a monument sign will raise potential concern over visibility of traffic exiting Pahl Avenue onto Kenzie Terrace. However, the setback from the Kenzie Terrace curb line will allow traffic to queue behind the curb with a view of oncoming traffic from the west. The driver location for a passenger vehicle sitting at the Pahl Avenue stop sign would be approximately 5 feet ahead of the edge of the sign, so full views in both directions will be accommodated. The sign may be allowed under the CUP, if the applicant verifies that the sign will avoid any further encroachment toward Kenzie Terrace, 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. June 18, 2024 Page 4 CONCLUSION AND RECOMMENDATION Staff recommends approval of the requested Conditional Use Permit for an electronic dynamic display sign at 2801 Kenzie Terrace with the following conditions: 1.Compliance with the operational standards of the code in Section 155.29. 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 on the ongoing operational practices meeting 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:PowerPoint Presentation Exhibit B:Application and Supporting Material Exhibit C:Draft City Council Resolution 6/13/2024 1 PLANNING COMMISSION JUNE 18, 2024 2801 Kenzie Terrace Boulevard Auto: Dynamic Display Sign Conditional Use Permit DYNAMIC DISPLAY CUP - SITE LOCATION 6/13/2024 2 DYNAMIC DISPLAY CUP –AERIAL PHOTO DYNAMIC DISPLAY CUP – SIGN ILLUSTRATION 6/13/2024 3 DYNAMIC DISPLAY CUP – PLANNING COMMISSION ACTION Motion to recommend approval of the request for CUP at 2801 Kenzie  Terrace, with the following conditions: 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 on the ongoing operational practices meeting the  requirements of the sign ordinance. 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* jh Address of Property Involved* 2801 Kenzie ter. Property ID Number* 0702923240030 Legal Description Addition:Murray Heights 3rd Addn, lot 001, block 001 Applicant Information Applicant Name* James Hamilton, Hamilton llc Applicant Email Address jim@hamiltonsign.com Land Use Application - Submission #7322 Date Submitted: 5/8/2024 5/8/24, 10:58 AM savmn.com/Admin/FormCenter/Submissions/Print/7322 https://www.savmn.com/Admin/FormCenter/Submissions/Print/7322 1/3 Applicant Address PO Box 148 Rosemount MN 55068 Applicant Phone Number* 6512478224 Property Information Property Owner (if different from above) Tom Archambault Owner Email Address tom@blvdautoworks.com Owner Address 2801 Kenzie Ter. St Anthony MN 55418 Owner Phone Number 612-618-7637 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) Remove the twin pole pylon sign. add a monument sign with a digital gas price sign. 5/8/24, 10:58 AM savmn.com/Admin/FormCenter/Submissions/Print/7322 https://www.savmn.com/Admin/FormCenter/Submissions/Print/7322 2/3 Attachments CUP Permit Rendiring.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* james hamilton 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. 5/8/24, 10:58 AM savmn.com/Admin/FormCenter/Submissions/Print/7322 https://www.savmn.com/Admin/FormCenter/Submissions/Print/7322 3/3 PO Box 148 Rosemount MN 55068 651-247-8224 sales@hamiltonsign.com James Hamilton Job Site: BLVD Autoworks 801 Kenzie Trail St Anthony MN 55418 Jobber: Molo Oil Gas Price digit N S Sign Location AMOCO Reimage 21’ PO Box 148 Rosemount MN 55068 651-247-8224 sales@hamiltonsign.com James Hamilton Job Site: BLVD Autoworks 801 Kenzie Trail St Anthony MN 55418 Jobber: Molo Oil AMOCO Reimage PO Box 148 Rosemount MN 55068 651-247-8224 sales@hamiltonsign.com James Hamilton Job Site: BLVD Autoworks 801 Kenzie Trail St Anthony MN 55418 Jobber: Molo Oil AMOCO Reimage 12” x 120” x 1” Steel Plate 12” x 120” x 1” Steel Plate Top View 120” 7 3/16” 5 ½”2 3/4” 2 3/4” 4’ 2 9/16”4’ 2 9/16” Grade 13” above grade 13” 77” 8 ‘ x 8” poles PO Box 148 Rosemount MN 55068 651-247-8224 sales@hamiltonsign.com James Hamilton Job Site: BLVD Autoworks 801 Kenzie Trail St Anthony MN 55418 Jobber: Molo Oil Unauthorized use o f this rendering shall hold the responsible party liable for up to 150,000 in statutory damages plus attorney fees. Colors may vary slightly. AMOCO Reimage 12 18 12 1814 8 14 864.5 EXISTING CITY OF SAINT ANTHONY VILLAGE HENNEPIN COUNTY, MINNESOTA RESOLUTION 24-0xx A RESOLUTION APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT FOR AN ELECTRONIC DYNAMIC DISPLAY SIGN AT 2801 KENZIE TERRACE IN THE “C”, COMMERCIAL ZONING DISTRICT WHEREAS, the City of St. Anthony Village received a request from James Hamilton on behalf of Teak Properties and Boulevard Auto for a ground sign with an electronic dynamic display at 2801 Kenzie Terrace; and WHEREAS, the property is located in the “C”, Commercial Zoning District; and WHEREAS, the subject parcel is currently developed with automobile service facilities and an existing freestanding pole sign; and WHEREAS, such electronic digital display signs are allowed by Conditional Use Permit in the Commercial District; and WHEREAS, the proposed ground sign will replace the existing freestanding pole sign on the property in the same location; and WHEREAS, the proposed sign is consistent with the requirements of the Sign Ordinance with regard to size, setback and other standards, pursuant to City approval; and WHEREAS, the sign is proposed to 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 June 18, 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 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. 4.The proposed improvements constitute a reasonable use of the property, and represent a more consistent condition over the existing pole sign display. 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 on or before May 8, 2024 as supplemented, at 2801 Kenzie Terrace, with the following conditions: 1.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, and other related requirements. Passed in regular session of the City Council on the ___ day of _________, 2024. ____________________________________ Wendy Webster, Mayor ATTEST:____________________________ Jennifer Doyle, City Clerk Review for Administration: ____________________________________ Charlie Yunker, City Manager NOTICE OF A PUBLIC HEARING June 18, 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 proposed Conditional Use Permit for a monument sign with a digital sign component at 2801 Kenzie Terrace. The proposed sign will replace the existing freestanding sign in the same location. The City Council is expected to consider the Planning Commission’s recommendation of the proposed Conditional Use Permit at their regular meeting on July 9, 2024, pending Commission action. 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: 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 consideration at a subsequent meeting date at City Hall. Steve Grittman City Planner MEMORANDUM To:St. Anthony Village Planning Commission From:Stephen Grittman, City Planner Date:Planning Commission Meeting – June 18, 2024 GC Project No.140.01 – 24.05 Request:Request for an amendment to a Planned Unit Development in a PUD, Planned Unit Development District Property Address:2401 Lowry Avenue NE Property PID:07-029-23-23-0002 PROJECT DESCRIPTION The Applicants are seeking an amendment to an approved Planned Unit Development to modify the land use and site plan approvals that were granted under the original PUD project. The site is the former Bremer Bank facility at the NE corner of Kenzie Terrace and Stinson Parkway, with an address of 2401 Lowry. The parcel is just under 2 acres in size. The proposed change would alter the approved PUD ordinance by replacing the expected 76- unit multiple-family residential use with a proposed office use and after-school program for school-aged children. The site plan approvals would be altered to retain the existing building and site improvements, which largely consist of paved parking lot serving the original bank facility. 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 PUD District as a baseline. In summary, the Comprehensive Plan calls for mixed residential and commercial uses in the area. The proposed application would reintroduce commercial uses, along with a quasi-institutional use for the subject property. This varies from the most recently approved zoning for the site, which anticipated multi-family residential development. Because the consideration of this change is highly policy-driven, staff has not offered a recommendation on the proposal, but instead has provided alternative findings to support the direction of the City’s Planning Commission and City Council, pending consideration of the application. June 18th 2024 Page 2 GENERAL INFORMATION Applicant:Stan Ross o/b/o Tibyan Community Center Owner:Kenzie Multifamily LLC Location:2401 Lowry Avenue NE Existing Land Uses:Site in Question: Vacant Office Building Property to North:Senior Multi-Family Residential Property to East:Manufactured Home Park Property to West:Low Density Residential (Minneapolis-Stinson Pkwy) Property to South:Mixed Commercial (Kenzie Terrace) Zoning:PUD, Planned Unit Development Deadline for Agency Application Complete Date: May 18, 2023 Action:60 Days: July 20, 2024 Letter Sent:Pending 120 Days:September 18, 2024 Background and Analysis As noted, the applicant seeks to amend the approved PUD on the site. The property is zoned PUD, Planned Unit Development, and the applicant is proposing to use the property for office and after-school program purposes. June 18th 2024 Page 3 Site Zoning History and Proposed Use For many years, the property was the site of the Bremer Bank facility, including both retail banking and office activities related to the financial institutional use. The property includes the two-story building, perimeter landscaping, parking and circulation pavement, and a drive- through banking facility on the north side of the building. Access is from both Kenzie Terrace on the south (via a full-access intersection) and a right-out, right-out access to Stinson Parkway on the west. In 2018, the City adopted an updated Comprehensive Plan while Bremer Bank occupied the site. The Comprehensive Plan included a number of policy statements indicating that commercial areas of the City may be eligible for multi-family residential, or mixed commercial- residential redevelopment, depending on location and appropriateness in the specific neighborhood. In both the Land Use and Housing chapters of the Plan, mixed-use residential projects were encouraged in efforts to promote affordable housing options in the community, consistent with both City policy and Metropolitan Council requirements for affordable housing development. In 2019, Bremer Bank approached the City with a residential developer to explore downsizing of the bank facility, and consideration of moving the bank location to a City-owned site east of the current location on the south side of Kenzie Terrace. The City had been holding the site for June 18th 2024 Page 4 development for several years, with some expectation that it may be redeveloped as a potential affordable housing site. To facilitate the retention of the Bremer Bank presence, and to further the housing goals identified in the Comprehensive Plan, the City eventually approved a rezoning to PUD of the current property in question as a part of a PUD development agreement. The agreement permitted development of a new Bremer Bank location on the former City property, redevelopment of the “old” Bremer site to multi-family housing, and conveyance of a small parcel of land between Kenzie Terrace and Lowry Avenue from Bremer to the City for future public uses or other purposes. The “new” Bremer Bank was to be constructed first to facilitate the bank’s move requirements. Subsequently, it was expected under the terms of the PUD that demolition of the previous bank building would occur, and the developer/owner would proceed with the multi-family housing. During this period, market conditions changed in such a way that the proposed housing project was no longer feasible for the developer. They have been seeking buyers for property since that time. Site Development Details. The current applicants propose to repurpose the existing building for after-school programming for school-aged children who would be driven to, and picked up from, the property by parents. The building would be remodeled only to accommodate those uses, including an indoor multi- purpose area. Offices would also be a component of the building use, and the upper-most floor would be unused for the current time. The applicants propose no changes to the exterior of the building or to the site. The proposed operation details include daily delivery of students to and from the site by automobile. Up to 100 students are expected to participate in the programs offered on the property, with between 10 and 20 staff members. The applicants expect to provide programming and/or staff presence generally between 9:00am and 7:00pm. Because the use is not a childcare or school facility, the applicants indicate that they are not required to have any outside licensing. The applicants have stated that they anticipate no outdoor programming as a part of the site usage. PLANNING COMMISSION REVIEW The issue for the Planning Commission (and ultimately the City Council) is whether the PUD zoning and the Development Agreement governing the land use on the site should be amended to incorporate a use that was not contemplated by the original PUD approval. The Comprehensive Plan land use guidance can be read to accommodate the use as a quasi- commercial/institutional mixed use. The lack of a residential component would suggest that the City would be looking to promote or accommodate other affordable housing opportunities in other areas. June 18th 2024 Page 5 To recommend approval of the amendment, the Planning Commission should consider findings such as the following, and others generated by the discussion and public hearing: 1.The land use plan chapter of the 2040 Comprehensive Plan identifies the site for Commercial uses. 2.The 2040 Comprehensive Plan includes a variety of mixed use opportunities on Commercial property. 3.The proposed use is a reasonable adaptive re-use of an existing vacant building and property. 4.The proposed use is reasonably compatible with surrounding land uses including residential properties to the north and east. 5.The site is located on major roadways supporting traffic volumes generated by the property. 6.The applicant’s proposal provides an important service to the community at large, and justifies the departure from the original PUD goals. To recommend denial, the Planning Commission should consider these and other findings: 1.The PUD approved for the site incorporated City property that anticipates a residential component for development on the subject property. 2.Opportunities for housing, and particularly affordable housing, are a key component of the City’s compliance with Metropolitan Council housing goals, and for the City’s compliance with those goals. 3.The proposed use retains the existing building and site conditions, the improvement and/or replacement of which was an aspect of the City’s approval of the original PUD. 4.An aspect of the development plan for the approved PUD included consideration of site improvements that facilitate the City’s “gateway” objectives for the Kenzie Terrace entrance to the community. 5.The redevelopment plan approved as a part of the PUD anticipated a reduction in impervious surface on the site, which is an aspect of the City’s goals for managing stormwater in this area of the community, and which the proposed amendment does not achieve. 6.Market conditions that disrupted the original PUD completion are constantly changing, and may reasonably be expected to change again in ways that help make the residential use more feasible. Neither set of findings are intended to be complete, but instead, are intended to facilitate the Commission’s review and discussion of the policy implications of the amendment. June 18th 2024 Page 6 Summary and Planning Commission Action. In summary, staff believes that there are compelling reasons to recommend either approval or denial of the proposed amendment. The Commission should consider the components of the application – both land use and development plans – and recommend the policy that is most consistent with the City’s land use goals. Depending on its review, Planning Commission may recommend approval or denial of the proposed amendment, and should consider findings supporting its recommendation. The suggested findings above may serve as the basis for the Commission’s decision, and may be supplemented or amended based on the discussion during and after the public hearing. Staff will prepare a draft resolution for the City Council based on the Commission’s action. ATTACHMENTS Exhibit A:Location map Exhibit B:Application and Supporting Material Design2 Build, Inc. Tibyan Center Exterior Photos Looking Northeast Looking North Design2 Build, Inc. Tibyan Center Looking Northwest Looking West Design2 Build, Inc. Tibyan Center Looking Southwest Looking South Design2 Build, Inc. Tibyan Center Looking East 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* SJR Address of Property Involved* 2401 Lowry Ave N E Property ID Number* 0702923230002 Legal Description That Part Of The E 295 Ft Of W 395 Ft Of S 365 Ft Of NW 1/4 Lying N Of State Hwy No 63 Applicant Information Applicant Name* Stan Ross Applicant Email Address design2buildmn@live.com Land Use Application - Submission #7501 Date Submitted: 5/20/2024 5/21/24, 12:25 PM savmn.com/Admin/FormCenter/Submissions/Print/7501 https://www.savmn.com/Admin/FormCenter/Submissions/Print/7501 1/3 Applicant Address 4892 Twins Court Applicant Phone Number* 6123964556 Property Information Property Owner (if different from above) Interstate Development Owner Email Address Owner Address 4892 Twins Court Owner Phone Number 6123964556 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) Tibyan Community Center will operate the building with Office and an After School Care Program. The After School Program will have classrooms and a multi-purpose room used for events and program services. There are three floors, however at this time only the First and Second Floors will be use. 5/21/24, 12:25 PM savmn.com/Admin/FormCenter/Submissions/Print/7501 https://www.savmn.com/Admin/FormCenter/Submissions/Print/7501 2/3 Attachments 2024 05 17.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* Stan J. Ross 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. 5/21/24, 12:25 PM savmn.com/Admin/FormCenter/Submissions/Print/7501 https://www.savmn.com/Admin/FormCenter/Submissions/Print/7501 3/3 Supplemental Q&A for 2401 Lowry PUD Amendment submitted by Stan Ross, 5/22/24 1. The approximate square footage of the various uses, including offices, classrooms, multi- purpose space, and vacant space. Offices: 8,000 sf, Classrooms 5,500 sf, Multi-Purpose Space 6,000 sf, Vacant 9,000 sf 2. The number of employees who will be on-site during peak times (assuming these are daytimes during week? or weekends? evenings?). Will office employees staff the after-school program, or will that entail additional staff? 10-20 employees during peak times, some of these would be in the classroom offices 3. The approximate number of students who will be on-site during peak times, and approximate hours of operation. Approximately 100 students during peak times 4. The frequency and scope of "events" , such as building and attendance capacity, hours, etc. No classes Tuesday and limited on Thursday, otherwise all other days from 9AM - 7PM 5. How students will arrive at the facility (e.g. driven by parents, etc. or buses?) - and how they will be picked up? Parents drop-off and pick-up 6. If there is a common drop-off and/or pick-up time for parents arriving in cars, how will the cars queue or park on the property to avoid interfering with traffic on the adjoining street(s)? Parents park and enter building 7. Will there be outdoor use of the facility for the after-school program, and if so, where on the property will that occur? A simple site plan would be helpful in this regard. No outdoor use currently planned. 8. Is there any state or county licensing required for the after-school programming that you will be required to carry, and if so, what is the status of that licensing? No license is required for the after school program. 9. Will you be making any changes to the site or building to accommodate the proposed use(s), including parking lot, green/open space, architectural exteriors, or interior remodeling? Very limited alterations: a few interior non-load bearing walls removed to enlarged existing areas for classrooms and open areas for the Multi-Purpose Space. Also, toilets enlarged and miscellaneous sinks added. 10. Will you be proposing any exterior signage as a part of the occupancy for these uses? Check the sign ordinance (Section 155 of the City Code) for details on allowable signage. Small signage for business name, planned signage will follow city sign code. NOTICE OF A PUBLIC HEARING June 18, 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 proposed amendment to a Planned Unit Development District at 2401 Lowry Avenue NE. The proposed amendment would alter the land uses in the PUD District for this site from multi-family residential to office and after-school programming, as well as amend the approved site plan to retain the existing building and site improvements. The City Council is expected to consider the Planning Commission’s recommendation of the proposed PUD amendment at their regular meeting on July 9, 2024, pending Commission action. 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: 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 consideration at a subsequent meeting date at City Hall. Steve Grittman City Planner