HomeMy WebLinkAboutPL PACKET 08202024CITY OF SAINT ANTHONY VILLAGE
PLANNING COMMISSION MEETING AGENDA
Tuesday, August 20, 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 06 -18 -2024.PDF
Public Hearing
Conditional Use Permit - 2401 Lowry Ave NE
Steve Grittman, City Planner, presenting.
COVER MEMO.PDF
TIBYAN CENTER - APPLICATION AMENDMENT EMAIL - 7 -1 -24.PDF
SITE PLAN PROPOSED_LANDSCAPED - 7 -1 -24.PDF
APPLICATION.PDF
Q -A APPLICATION SUPPLEMENT.PDF
EMAIL RESPONSES TO STEVE QUESTIONS.PDF
Ordinance 2024 -0x - Cannabis
Steve Grittman, City Planner, presenting.
COVER MEMO.PDF
CANNABIS ORDINANCE - BASED ON STATE MODEL.PDF
EXHIBIT B - MINN STAT 342.13.PDF
NOTICE - PUBLIC HEARING - CANNABIS CODE AUG 2024.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. Those unable to attend the
meeting in person may submit comments via the City's PUBLIC COMMENTS FORM.
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:
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VIII.
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CITY OF SAINT ANTHONY VILLAGEPLANNING COMMISSION MEETING AGENDATuesday, August 20, 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 06 -18 -2024.PDFPublic HearingConditional Use Permit - 2401 Lowry Ave NESteve Grittman, City Planner, presenting.COVER MEMO.PDFTIBYAN CENTER - APPLICATION AMENDMENT EMAIL - 7 -1 -24.PDFSITE PLAN PROPOSED_LANDSCAPED - 7 -1 -24.PDFAPPLICATION.PDFQ-A APPLICATION SUPPLEMENT.PDFEMAIL RESPONSES TO STEVE QUESTIONS.PDFOrdinance 2024 -0x - CannabisSteve Grittman, City Planner, presenting.COVER MEMO.PDFCANNABIS ORDINANCE - BASED ON STATE MODEL.PDF
EXHIBIT B - MINN STAT 342.13.PDF
NOTICE - PUBLIC HEARING - CANNABIS CODE AUG 2024.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. Those unable to attend the
meeting in person may submit comments via the City's PUBLIC COMMENTS FORM.
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 JUNE 18, 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, Erickson, Gaveske, Hark,
17 Morita and Rude.
18
19 Absent:None
20
21 Also Present: City Planner Stephen Grittman.
22
23
24 I.APPROVAL OF THE JUNE 18, 2024 PLANNING COMMISSION MEETING
25 AGENDA.
26
27 Motion by Commissioner Morita, seconded by Commissioner Erickson, to approve the June
28 18, 2024 Regular Planning Commission Meeting Agenda.
29
30 Motion carried 7-0.
31
32 II.APPROVAL OF MAY 21, 2024, REGULAR PLANNING COMMISSION MEETING
33 MINUTES.
34
35 Motion by Commissioner Rude, seconded by Commissioner Hark, to approve the May 21,
36 2024, Regular Planning Commission Meeting Minutes as presented.
37
38 Motion carried 7-0.
39
40 III.PUBLIC HEARING.
41
A.42 Conditional Use Permit – 2801 Kenzie Terrace.
43
44 Chair Socha opened the public hearing at 7:04 p.m.
45
46 City Planner Stephen Grittman reviewed the applicant is proposing to replace an existing
47 freestanding sign with a ground/monument sign with an electronic message display located at
48 2801 Kenzie Terrace. The ground sign would be located along the area of the parcel adjacent
49 to Kenzie Terrace in the location of the current sign. Because a portion of the sign will include
Planning Commission Regular Meeting Minutes
June 18, 2024
Page 2
1 an electronic digital display, the sign requires a Conditional Use Permit pursuant to Section
2 155.29 of the City’s Sign Ordinance. The applicant is James Hamilton – Teak Properties o/b/o
3 Boulevard Autoworks.
4
5 Mr. Grittman presented a Power Point showing the site location, an aerial photograph and sign
6 illustration. The details of the sign were reviewed in detail comparing to the Code
7 requirements. Staff recommends approval of the requested Conditional Use Permit for an
8 electronic dynamic display sign at 2801 Kenzie Terrace with the following conditions:
9
1.10 Compliance with the operational standards of the code in Section 155.29.
11
12 Chair Socha asked if hours of operation limits have been added to the Code and Mr. Grittman
13 stated that standard is not part of the Code.
14
15 Commissioner Rude asked if there was a night view picture available and Mr. Grittman
16 showed the photograph. Mr. Grittman noted the price is the only thing that will change on the
17 sign. Commissioner Rude noted once the current sign is removed if they would wish to use it
18 again, they would need to submit a request.
19
20 Mr. James Hamilton, Hamilton Sign, stated this is a one product price sign and will only be
21 showing the regular price.
22
23 There were no members of the public present to comment at the meeting.
24
25 Commissioner Erickson stated he drove past the property this evening prior to the meeting
26 and the sign does not obstruct any views. Commissioner Anderson stated she did the same
27 thing. The consensus of the Commission was for approval.
28
29 Chair Socha closed the public hearing at 7:14 p.m.
30
31 Motion by Commissioner Morita, seconded by Commissioner Anderson, to recommend the
32 City Council approve Conditional Use Permit application for a dynamic display sign, pursuant
33 to findings related to compliance with the applicable city regulations, conditioned on the
34 ongoing operational practices meeting the requirements of the sign ordinance.
35
36 Motion carried 7-0.
37
B.38 Conditional Use Permit – 2401 Lowry Avenue NE.
39
40 Chair Socha opened the public hearing at 7:14 p.m.
41
42 Mr. Grittman reviewed the applicants are seeking an amendment to an approved Planned Unit
43 Development to modify the land use and site plan approvals that were granted under the
44 original PUD project. The site is the former Bremer Bank facility at the NE corner of Kenzie
45 Terrace and Stinson Parkway, with an address of 2401 Lowry. The parcel is just under 2 acres
46 in size.
Planning Commission Regular Meeting Minutes
June 18, 2024
Page 3
1
2 The proposed change would alter the approved PUD ordinance by replacing the expected 76-
3 unit multiple-family residential use with a proposed office use and after-school program for
4 school-aged children. The site plan approvals would be altered to retain the existing building
5 and site improvements, which largely consist of paved parking lot serving the original bank
6 facility.
7
8 Staff has reviewed the project for land use compliance with the intent and policies of the
9 City’s Comprehensive Plan, and for zoning consistency with the PUD District as a baseline.
10 In summary, the Comprehensive Plan calls for mixed residential and commercial uses in the
11 area. The proposed application would reintroduce commercial uses, along with a quasi-
12 institutional use for the subject property. This varies from the most recently approved zoning
13 for the site, which anticipated multi-family residential development. Because the
14 consideration of this change is highly policy-driven, staff has not offered a recommendation
15 on the proposal, but instead has provided alternative findings to support the direction of the
16 City’s Planning Commission and City Council, pending consideration of the application. The
17 applicant is Stan Ross o/b/o Tibyan Community Center.
18
19 The issue for the Planning Commission (and ultimately the City Council) is whether the PUD
20 zoning and the Development Agreement governing the land use on the site should be
21 amended to incorporate a use that was not contemplated by the original PUD approval. The
22 Comprehensive Plan land use guidance can be read to accommodate the use as a quasi-
23 commercial/institutional mixed use. The lack of a residential component would suggest that
24 the City would be looking to promote or accommodate other affordable housing opportunities
25 in other areas.
26
27 To recommend approval of the amendment, the Planning Commission should consider
28 findings such as the following, and others generated by the discussion and public hearing:
1.29 The land use plan chapter of the 2040 Comprehensive Plan identifies the site for
30 Commercial uses.
2.31 The 2040 Comprehensive Plan includes a variety of mixed use opportunities on
32 Commercial property.
3.33 The proposed use is a reasonable adaptive re-use of an existing vacant building and
34 property.
4.35 The proposed use is reasonably compatible with surrounding land uses including
36 residential properties to the north and east.
5.37 The site is located on major roadways supporting traffic volumes generated by the
38 property.
6.39 The applicant’s proposal provides an important service to the community at large and
40 justifies the departure from the original PUD goals.
41
42 To recommend denial, the Planning Commission should consider these and other findings:
1.43 The PUD approved for the site incorporated City property that anticipates a residential
44 component for development on the subject property.
Planning Commission Regular Meeting Minutes
June 18, 2024
Page 4
2.1 Opportunities for housing, and particularly affordable housing, are a key component of
2 the City’s compliance with Metropolitan Council housing goals, and for the City’s
3 compliance with those goals.
3.4 The proposed use retains the existing building and site conditions, the improvement
5 and/or replacement of which was an aspect of the City’s approval of the original PUD.
4.6 An aspect of the development plan for the approved PUD included consideration of
7 site improvements that facilitate the City’s “gateway” objectives for the Kenzie
8 Terrace entrance to the community.
5.9 The redevelopment plan approved as part of the PUD anticipated a reduction in
10 impervious surface on the site, which is an aspect of the City’s goals for managing
11 stormwater in this area of the community, and which the proposed amendment does
12 not achieve.
6.13 Market conditions that disrupted the original PUD completion are constantly changing
14 and may reasonably be expected to change again in ways that help make the
15 residential use more feasible.
16
17 Mr. Gritman summarized, staff believes that there are compelling reasons to recommend
18 either approval or denial of the proposed amendment. The Commission should consider the
19 components of the application – both land use and development plans – and recommend the
20 policy that is most consistent with the City’s land use goals. The Planning Commission may
21 recommend approval or denial of the proposed amendment and should consider findings
22 supporting its recommendation. The suggested findings above may serve as the basis for the
23 Commission’s decision and may be supplemented or amended based on the discussion during
24 and after the public hearing. Staff will prepare a draft resolution for the City Council based on
25 the Commission’s action.
26
27 Mr. Dan Ross, architect and Khaleef Warsame, applicant appeared before the Commission.
28 Mr. Ross stated this would be a good use for this business. The architect is working mostly on
29 the interior.
30
31 Commissioner Rude asked if the environmental issues with the property have been addressed.
32 Mr. Pat Aylward the realtor stated when they were looking at tearing the building down there
33 were some possible issues. No soil will be disturbed and no modifications will be made to the
34 building itself, there are no issues.
35
36 Chair Socha stated when this was discussed before traffic was looked at. There will be 80-100
37 children in the center at any time. Most will be after-school programming. Pick-ups and drop-
38 offs will be staggered. No recent traffic impact has been researched.
39
40 Commissioner Rude asked when the building was built and the response was 1979.
41 Commissioner Rude asked what the lifespan of the building is and Mr. Ross stated it will last
42 a long time with maintenance.
43
44 Commissioner Hark stated the application seemed rather light for a PUD. She requested more
45 information on what the intended use is for the property. Mr. Ross stated this use is working
46 within the current PUD while not being multi-family. Commissioner Hark stated the
Planning Commission Regular Meeting Minutes
June 18, 2024
Page 5
1 application was not in-depth enough for the Commission to consider this as a use. Mr. Ross
2 stated they are fitting within the current PUD.
3
4 Chair Socha stated even though the zoning included this type of use, the previous PUD said it
5 would be for affordable multi-family housing. This is a policy decision. The property has been
6 vacant for two years. The question is whether the Commission is going to accept this new land
7 use. She asked about the business that would be within the building. Mr. Ross stated there
8 would be an office for the after-school program. Mr. Khaleef Warsame stated there would be
9 other offices available for rental with clients coming in for those other businesses. These
10 would be professional services. The primary use is a community center. They are currently
11 located in Minneapolis. They felt there is a need to serve the community. There will be a
12 study center with teachers available to tutor the students. The hours of operation will vary.
13 They would like to start serving college students.
14
15 Commissioner Morita stated the main purpose is after-school care for students. He asked if
16 there will be events and when would these events be held. Mr. Kaliv stated there will be a
17 multi-purpose room that will be available. Parent involvement activities will be held. They do
18 not expect any sessions to be held later in the evening. They are a 501C organization.
19
20 Commissioner Erickson asked if they are purchasing the building and will they be pursuing an
21 exemption on taxes. The services provided are community-based.
22
23 Commissioner Rude stated when the bank moved, a multi-family building was promised with
24 a large property tax bill of $300,000 - $400,000 yearly. What would they be bringing to the
25 City in place of that tax revenue? Mr. Muse, teacher, tutor and board member. They would
26 bring introducing technical skills to the students. They currently serve the East African
27 community.
28
29 Chair Socha stated this additional information is very helpful. She asked if the community
30 served is at risk. The students are encouraged to pursue further education after which they can
31 work in the community. Chair Socha asked where the current location is located in South
32 Minneapolis. Mr. Khaleef Warsame stated they have a good relationship with the community.
33
34 Mr. Ross stated the building where it is now is overgrown. With people in the building the
35 maintenance will be improved.
36
37 Mr. Mohammed Hassan stated he goes to the community center and has lived in St. Anthony
38 since 2012. He attends the University of St. Thomas for computer science and business. They
39 have people who have graduated with pre-med. They provide role models for younger
40 students. He was 9 when he started going to the community center. Every student that goes
41 there are defined by the community center. The community center has been in existence since
42 2020.
43
44 Chair Socha stated the Planning Commission is an advisory commission to the City Council.
45
Planning Commission Regular Meeting Minutes
June 18, 2024
Page 6
1 Resident Jim F. stated they had heard there was an air quality problem in the basement of the
2 bank. He hopes that has been looked at. He asked how many parking spots are in the lot.
3 There is a lot of asphalt. It would be nice if some work could be done on the outside of the
4 building. Mr. Ross stated they had talked about a play area under the canopy. The landscaping
5 that is currently there will be maintained.
6
7 Resident Sesman H. at 2521 38th Avenue, stated the community has a lot of issues as far as
8 helping children. Many different languages are spoken within the community. A community
9 center is very important. The building is a beautiful building and should not be demolished for
10 a multi-family building. The youth are the foundation of the country.
11
12 Mr. Grittman stated he received one email and one telephone call from residents on 27th
13 Avenue. Both expressed support for the proposed amendment to the PUD.
14
15 Chair Socha closed the public hearing at 7:57 p.m.
16
17 Commissioner Erickson asked Mr. Grittman how binding was the original agreement between
18 Interstate, Bremer and the City. Mr. Grittman stated it was adopted by Ordinance. The
19 applicants are requesting to alter that Ordinance.
20
21 Commissioner Rude asked what the permitted use is for the building and Mr. Grittman stated
22 without any other changes the use of the property needed to be multi-family residential.
23
24 Commissioner Anderson asked about the other sites in town for affordable housing. Asked if
25 there are other locations where housing could be constructed. Mr. Grittman stated there is no
26 obvious vacant site. New affordable housing may be part of a re-development plan.
27
28 Chair Socha mentioned the gas station property as a possible site for multi-family housing.
29 The size is not significant compared to this property. If there were applicants proposing
30 affordable housing, she would tend to want that but this is a viable option.
31
32 Commissioner Morita stated he supports this plan. His concern is how important is the
33 availability of affordable housing. If there is no other place for affordable housing and we go
34 forward with this what are the risks. Mr. Grittman stated the risks are not great. There are
35 affordable housing markers that the Met Council applies to the City. There are different ways
36 to satisfy those standards.
37
38 Commissioner Erickson stated he has some concerns about tax base. A finished project would
39 bring tax revenue to the City. The apartment market has deteriorated. It is unknown how long
40 it would take for this property to redevelop into multi-family housing. It is a difficult decision.
41
42 Commissioner Anderson stated while affordable housing is a goal of the City this project
43 could meet welcoming community goals. She asked if there are grants available to fix up the
44 parking lot and outside area. Mr. Grittman stated conditions could be suggested to the City
45 Council and he could not address grant opportunities. Commissioner Anderson stated she does
46 not want to set a bunch of conditions to a non-profit.
Planning Commission Regular Meeting Minutes
June 18, 2024
Page 7
1
2 Commissioner Morita suggested adding some conditions for improvements to the outside of
3 the building. If the building looks nice on the outside there is a benefit to the City.
4
5 Chair Socha stated she was excited to see it becoming more greenspace instead of just asphalt
6 parking lot. When the parking lot needs to be redone and the parking be looked at and a
7 portion becoming more sustainable.
8
9 Commissioner Morita asked who determines when the asphalt needs to be redone and
10 converted to greenspace.
11
12 Chair Socha re-opened the public hearing at 8:12 p.m.
13
14 Chair Socha asked if the applicant would agree to make some greenspace. Mr. Ross stated the
15 only exterior work planned at this time was a playground under the canopy. There is a lot of
16 parking spaces there and a lot of asphalt. They would entertain working with the City to create
17 some greenspace. It would take a few years to create that greenspace. They would have
18 outdoor play time. They would make it a top priority once they have full ownership of the
19 building and after the community center is created.
20
21 Chair Socha closed the public hearing at 8:16 p.m.
22
23 Commissioner Rude stated he doesn’t appreciate the applicant coming before the Commission
24 after they have purchased the building. They should have come prior to that. He recommends
25 denying the request. This is a gateway to the community. A different approach is needed.
26
27 Commissioner Anderson asked if there has been any other interest in the property. Mr.
28 Grittman stated he would not be aware of all interest. There was an attempt to revive the
29 multi-family project at one time which did not go anywhere.
30
31 Commissioner Morita asked Commissioner Rude if he would rather see the property stand
32 empty until a multi-family proposal was received.
33
34 Commissioner Hark asked if a temporary use could be issued for their purposes. Mr. Grittman
35 stated under a PUD a timeline could be included. It would need to be approved by the
36 property owner. She is not comfortable in closing the chapter for affordable housing in this
37 property.
38
39 Chair Socha stated an investment by the City would be needed to have it become multi-family
40 housing. It would be a different situation had there been a lot of interest in affordable housing.
41 More taxes would be wonderful. St. Anthony has a great school. There are other types of
42 education for different communities. There have been no negative comments received from
43 the community. Her biggest concern is losing tax revenue.
44
45 Mr. Grittman stated the action can be forward to the City Council without recommendation
46 along with comments and questions asked.
Planning Commission Regular Meeting Minutes
June 18, 2024
Page 8
1
2 Commissioner Erickson stated the Interstate proposal was market driven. Mr. Grittman stated
3 the idea was it was market rate and developers had plan to make it affordable to renters of a
4 particular income level. There was not a City-imposed standard of what affordability meant.
5
6 Motion by Chair Socha seconded by Commissioner Anderson, to approve the amended
7 proposed use for the PUD at 2401 Lowry Ave NE with the condition that a plan for more
8 greenspace be provided.
9 Motion failed 3-4 (Hark, Gaveske, Erickson, and Rude).
10
11 Motion by Commissioner Morita to forward the Conditional Use Permit request for 2401
12 Lowry Avenue NE to the City Council with no recommendation.
13
14 Commissioner Morita withdrew the motion due to lack of a second.
15
16 Motion by Commissioner Rude, seconded by Commissioner Gaveske, to recommend denial
17 of the Conditional Use Permit request for 2401 Lowry Avenue NE and forward to the City
18 Council for consideration.
19
20 Motion carried 4-3 (Socha, Morita and Anderson).
21
22 Mr. Grittman stated this will be on the City Council’s Meeting Agenda on July 9, 2024.
23
24 IV.STAFF REPORTS.
25
26 Mr. Grittman stated the Planning Commission had made recommendations on Code
27 amendments on beekeeping and cannabis. The Council approved first readings of these
28 Ordinances with modifications to be made by Staff before the second readings.
29
30 V.OTHER BUSINES - NONE.
31
32 VI.COMMUNITY FORUM - NONE.
33
34 No one appeared to address the Planning Commission.
35
36 VII.INFORMATION AND ANNOUNCEMENTS - NONE.
37
38 VIII. ADJOURNMENT.
39
40 Motion by Commissioner Anderson, seconded by Commissioner Morita, to adjourn the
41 meeting at 8:45 p.m.
42
43 Motion carried 7-0.
44 Respectfully submitted,
45 Debbie Wolfe
46 TimeSaver Off Site Secretarial, Inc.
MEMORANDUM
To:St. Anthony Village Planning Commission
From:Stephen Grittman, City Planner
Date:Planning Commission Meeting – August 20, 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 AND BACKGROUND
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 Planning Commission originally held a public hearing to consider the application on June
18, 2024. At the time, the applicants had described their request as consisting of the conduct
of after-school programming and office uses in the existing building. They indicated that the
building itself would not be remodeled on the exterior. Interior remodeling would consist
primarily of modifications to create an activity space in support of the after-school
programming. The applicants suggested that one floor of the building would remain unused at
the current time. No changes to the existing site plan were envisioned.
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 under the approved PUD would be altered to
retain the existing building and site improvements, which largely consist of paved parking lot
serving the original bank facility.
At the public hearing in June, the applicants expanded on their description of the uses of the
building, which included testimony that a variety of language and other academic classes would
be provided, as well as technical training in various disciplines.
August 20th, 2024
Page 2
The Planning Commission discussed the merits of the proposed use, and how it compared to
the Comprehensive Plan objectives for the site, as well as to the intent of the existing PUD
zoning, which anticipated housing that was designed to be affordable to low and moderate
income tenants. The rezoning ordinance recognized the change from commercial to residential
use, incorporating the approved site and development plans for the multi-family project, as
referenced the R-4 zoning district (the City’s multi-family zoning district) as the reference
district for performance standards not specifically identified in the approved PUD.
The 2040 Comprehensive Plan calls for mixed residential and commercial uses in the area. The
Land Use Plan expected a continuation of the commercial land use pattern on this site, but
included language that accommodates the conversion of commercial land to residential when
the specific site and other needs – including affordable housing goals – supported the change.
It was this set of policy considerations that led to the City’s participation in a multi-site PUD
approval that included this property.
That PUD (the current controlling zoning) shifted the Bremer Bank location to a site owned by
the City, which was originally acquired for redevelopment, with the goal being affordable
housing. In turn, the housing objective was shifted to the site currently under consideration,
thus the multi-family project approved there.
The Planning ultimately voted to recommend against the proposed amendment in a split vote.
Favorable votes included comments that the use was a valuable one for the neighborhood and
community at large, among others. Votes against the amendment cited concerns over an
inadequate description of the project plans, the loss of the opportunity for affordable housing
on the site, and concerns over the loss of taxable land, presuming that the new owner would
put the property to a tax-exempt land use.
After the Planning Commission’s June hearing, the applicants provided additional information
to staff, supplementing their request to more fully describe the proposed use, and address
certain concerns raised by the Commission. The applicants asked to delay the project’s
consideration by the City Council to allow this additional information to be reviewed. It was
determined that the additional information constituted a substantive change to the
understanding of the project proposal, and that the project as now understood was not fully
noticed in the initial hearing.
As such, staff notified the applicants that the project needed to return to a new public hearing
before the Planning Commission. The applicants provided additional written documentation on
the proposed amendment as a part of that new schedule.
As now described, the proposed application would reintroduce administrative offices for
internal use, as well as commercial office uses available to private tenants/lessees.
August 20th, 2024
Page 3
Finally, the use of the building would include community center uses of various types.
Prominent among these would be both the original after-school programming as previously
proposed, although other uses may include farmer’s markets, community fairs, or similar
outdoor events.
Most significantly, the building will utilize the multi-purpose facility for religious institutional
use, including daily prayer and religious services open to the community throughout the day
and week.
The applicants also supplemented their application with a new site plan drawing that indicated
the conversion of a portion of the property (previously used as a bank drive-through) to now
include an outdoor play/recreation space, and reconfiguring the otherwise fully paved parking
area to add green space.
No other further information has been provided after the July 1, 2024 correspondence.
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, Kenzie Terrace Planned Unit Development District
Deadline for Agency Application Complete Date: July 1, 2024
Action:60 Days: August 30, 2024
Extension Letter Sent:July 3, 2024
120 Days:October 29, 2024
August 20th, 2024
Page 4
ANALYSIS
Zoning Map
As noted above, 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 a
variety of office and after-school program purposes, as well as a space for daily prayer and
regular religious services.
Aerial Photo from
Hennepin County
Property Information
August 20th, 2024
Page 5
Land Use – Principal Use.
Religious services are identified as a principal use in the City’s Zoning Ordinance, and included
in the definition of “Assembly” uses. Religious Institution/Place of Worship land uses are listed
as a Conditional Use in most of the Residential zoning districts (including the R-4 District). The
PUD District that applies to this site includes reference to the R-4 District. The applicable Kenzie
Terrace PUD District language is quoted below:
(4) Kenzie Terrace PUD Overlay District
(a) Purpose. The purpose of the Kenzie Terrace PUD Overlay District is
to provide for the development of certain real estate subject to the Overlay
District for commercial and high-density residential land uses.
(b) Permitted Uses. Permitted principal uses in the [Kenzie Terrace]*
PUD District shall be those uses as found in the R-4, Multiple Family
Residential District of the St. Anthony Zoning Ordinance on Parcel PID
07-029-23-23-0002**; and those uses found in the C-Commercial District
on Parcels PID 07-029-23-24-0020 and 07-029-23-24-0021, subject to
any approved PUD Development Agreement on file with the City, as well
as the Final Stage Development Plans submitted on 10/05/2021, as may
be amended. The introduction of any other use from any district shall be
reviewed under the requirements of the St. Anthony Zoning Ordinance,
Chapter XV, Section 152.200 et seq. – Planned Unit Developments for
Development Stage PUD and Final Stage PUD.
(c) Accessory Uses. Accessory uses shall be those commonly accessory
and incidental to the allowed uses, and as specifically identified by the
approved final stage PUD plans.
(d) District Performance Standards. Performance standards for the
development of any lot in the Kenzie Terrace PUD Overlay District shall
adhere to the approved final stage PUD plans and development agreement
for each lot. In such case where any proposed improvement is not
addressed by the final stage PUD, then the regulations of the R-4, Multiple
Family Residential District or C-Commercial District shall apply, as
applicable to the approved Principal Use on the subject parcel.
(e) Amendments. Where changes to the PUD are proposed in the
manner of use, density, site plan, development layout, building size,
mass, or coverage, or any other change, the proposer shall apply for an
amendment to the PUD under the terms of the St. Anthony Zoning
Ordinance, Section 152.200 et seq.. The City may require that substantial
changes in overall use of the PUD property be processed as a new project,
including a zoning district amendment.
(Am. Ord. 2021-04, passed 10-26-2021)
August 20th, 2024
Page 6
*There is a typo in the text referencing an incorrect district title.
** 07-029-23-23-0002 is the parcel in question.
NOTE: Text italicized and bolded added for this report.
In review of this amended application, staff finds that the changes constitute a substantively
different application from that of the original. The principal use of the property is more
completely defined as a religious institution (or assembly space), with accessory uses
“commonly accessory and incidental to the allowed [principal] uses”.
This (religious assembly) use is consistent with the terms of the Kenzie Terrace PUD District
language which anticipates uses as found in the R-4 District – which specifically cites Religious
Institution/Place of Worship as an allowed use. The Conditional Use Permit requirement in the
R-4 District implies that the use is allowed, but with adequate City review and process to
mitigate any impacts related to public health, safety, and general welfare that may be raised by
the nature of the land use. PUD zoning and process stands in for the City’s review of
Conditional Uses or Variances, as a procedural matter.
Land Use – Accessory Uses.
The original submittals proposed an operation that includes 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 originally stated that they anticipate no
outdoor programming as a part of the site usage, however, the revised plans provide an
outdoor play/recreation space. In addition, the applicants have indicated that other accessory
activities may occur outdoors.
Site and Building Improvements.
Parking and Building Capacity. With regard to capacity of the religious worship space, the
zoning ordinance does not establish any limitation. However, such facilities are required to
provide off-street parking at a rate of one space per 2.5 person capacity (not including spaces
reserved for staff and employees on a one-space-per-employee basis). The illustrated site plan
provides a total of 76 parking spaces. The applicants should provide additional information
relating to the number of staff during peak times that services are being held, and will be
required to scale the religious services capacity to meet the remaining parking supply. By way
of example only, if there are 10 employees, the remaining available parking will be a total of 66
spaces, yielding a capacity for services of 165 assembled attendants (66 times 2.5).
The applicants have not provided detail on interior space remodeling. Initially, this was not a
concern given the nature of the use as originally described. However, with the religious
services creating the possibility that site capacity can create congestion on the adjoining public
August 20th, 2024
Page 7
streets, this information should be provided by the applicant for further review and verification
that the site can handle the possible traffic generated by the assembly use.
Access. With the greater utilization of the parking lot, access to the site is at issue. Hennepin
County is in the process of planning for changes to Kenzie Terrace, which currently shows two
access points to this site, in addition to an existing access to Stinson Parkway on the west side
of the site. Of the two driveways to Kenzie, the easterly of the two is aligned with the
intersection to Lowry Avenue, south of Kenzie.
The westerly of the two is just over 100 feet from the Lowry/Kenzie/Stinson intersection. This
driveway access should be closed as a condition of PUD approval for this site plan and use (the
removal of this driveway was also a condition of the prior multi-family PUD).
Site and Landscaping Improvements. In regard to the parking lot area, staff strongly supports
the “greening” of the parking area as an aspect of PUD review. For any PUD, the City should
find that there are aspects of the project, such as site development amenities or other design
factors, that help offset the City’s approval of flexibility from its base zoning standards. The
green space in the amended site plan is both an aesthetic improvement, as well as an
important environmental consideration in reducing impervious surface and the impact on
stormwater runoff and quality.
The landscape plan shows conceptual planting areas where green space would replace paved
areas. The plan illustrates some planting in those new green spaces, again conceptually. The
plan retains much of the perimeter green space around the property, although those areas
would benefit from maintenance. As a part of any Final PUD plan for the amended PUD, the
City should require a detailed landscape plan that identifies the type of planting and green
spaces, and information relating to maintenance and retention of green space in the existing
perimeter areas.
The applicant identifies a conversion of the former bank drive-through area to an outdoor play
area. The plan does not identify the proposed improvements in this area, such as ground
surface materials or other aspects of the amenity. Given that it abuts an active driveway, it is
expected that there will likely be some sort of separation between the play area and site traffic.
Fencing or other aspects of this improvement should be identified as an aspect of the plan.
Finally, given the recommended closing of the westerly access point noted above, additional
green space would be created as an aspect of that change. This area should also be included in
the landscape plan.
Tax Base Considerations.
Finally, it is important to add a note regarding the Commission’s discussions related to the
interest in retaining tax base as a land use consideration. The applicants have suggested that as
a part of the amended application, they would incorporate some taxable use into the building.
It is also important to understand that for land use decisions, the City is not permitted to
August 20th, 2024
Page 8
distinguish between religious and other similar land uses, based on the religious nature of use
alone.
Therefore, the allowance of a commercial office use, for example, also implies the allowance of
a non-commercial or religious office use. This is a function of a federal law known as “RLUIPA”
– the Religious Land Use and Institutionalize Persons Act. As such, any decision on the
proposed use should focus on land use-related impacts rather than property tax considerations.
PLANNING COMMISSION REVIEW AND STAFF RECOMMENDATION
In the initial application, the issue for the Planning Commission (and ultimately the City Council)
was 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 amended application expands the proposed use of the site, and – while it varies from the
original PUD – the principal use is within realm of the uses written in to the Kenzie Terrace PUD
District. Staff believes that the proposed land uses on the site are consistent with the
underlying land use planning for this area, and subject to site plan notes and appropriate
amendments to the zoning district, allowable under the PUD Zoning.
While the applicants have added additional clarity to the proposed use and provided a concept
site plan that suggests additional green space on the mostly-impervious site, there are a
number of modifications or supplemental elements that should be incorporated into any
recommendation for the PUD amendment. Those modifications include the following:
1.Provide information on staffing during religious services in the multi-purpose room, and
scale the capacity of the assembly to match the remaining available parking on the site,
at the rate of 2.5 persons per parking space.
2.Provide an interior floor plan schematic that shows the planned multi-purpose space,
and how assembly capacity will be controlled to meet the maximum imposed by the
parking supply.
3.Close the westerly of the two access driveways to Kenzie Terrace, and add green space
and landscaping to replace the driveway removal.
4.Provide a more detailed landscaping plan that identifies the proposed planting materials
in the illustrated green spaces on the site, as well as the existing green spaces at the
perimeter of the site, including a maintenance plan for improving those overgrown
areas.
5.Provide information on the outdoor play area, including surfacing, amenities or
structures in the play area, and method of separation from the adjacent driveway
(fencing, etc.).
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:
August 20th, 2024
Page 9
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 current Kenzie Terrace PUD District references the R-4 District for alternatives to
the approved PUD plans.
4.The R-4 District includes religious assembly uses as an allowed use, and by extension,
these uses are allowable in the Kenzie Terrace PUD District.
5.The proposed use is a reasonable adaptive re-use of an existing vacant building and
property.
6.Religious Assembly uses are commonly found in residential areas of the City, similar to
the mixed residential neighborhoods near the proposed site.
7.The site is located on major roadways supporting traffic volumes generated by the
property.
8.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.The City entered into an agreement to remove the commercial use from this property in
exchange for the ability to relocate affordable housing objectives to the this parcel.
5.The proposed amendment to the PUD do not achieve the goals of the PUD for creation
of affordable housing as was anticipated.
6.The proposed site plan in the PUD amendment request reduces impervious surface
slightly, but leaves other paved surfaces in place, retaining more impervious than the
approved PUD.
7.The applicant has not provided adequate documentation to verify compliance with the
goals of the PUD, or the narrative descriptions of the amendment application.
8.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 previously
approved 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.
August 20th, 2024
Page 10
Summary and Planning Commission Action. In summary, staff believes that there are adquate
reasons to recommend approval of the proposed amendment, given the expanded description
of the proposed use on the site. However, there are still details arising from that proposal that
cannot be verified with the material submitted as a part of the application submittal. 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. If approval, staff has provided a set of conditions that should accompany the approval
recommendation.
Regardless of the Commission’s recommendation, Planning Commission 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:Application Amendment Narrative – 7/1/24
Exhibit B:Amendment Site/Landscape Plan – 7/1/24
Exhibit C:Original Application and Supporting Material
Tibyan Center : Planned Unit Development Zoning Change Application Amendment
Inbox
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Remove label Inbox from this conversation
Jaylani Hussein <jHussein@cair.com>
Jul 1,
2024,
4:57 PM
to planner@savmn.com, Pat, Abdinasir, Ali, Khalif, Osman, Suleiman, Ahmedsiciid@gmail.com
Hi Steve,
We are writing to follow up on our meeting with you last week and our application to change the
current Planned Unit Development (PUD) zoning for our building to better align with the intended
uses of the Tibyan Center. Below, we provide detailed informati on regarding our plans for the
property and how these changes will benefit both our community and the City of St. Anthony.
Usage of Multi-Purpose Hall as a Mosque
• The multi-purpose hall within our building will be used daily for worship, functioning as a
mosque in addition to being a multi-purpose space for events and mainly for youth
education programming.
• The center will also offer both religious and non -religious schooling during the day and
afternoon. These classes will utilize the available rooms in the building.
Leased Office Space
• We intend to lease a portion of the building for office space to businesses and
organizations. This initiative will generate rental income and contribute to the city’s tax
revenue.
City and Community Partnership
• Recognizing the needs expressed by the city and anticipating other needs by the
community, we aim to be great partners in finding ways to use our facility to enhance
community needs.
• We are open to utilizing our oversized parking lot for community events, such as fairs and
farmers markets.
• We also welcome the opportunity to have city signage on our property since we are at a key
gateway entrance to the city.
Next City Council Meeting
• Based on your advice and the need to make some changes, we would like to move our
meeting from the upcoming July 9th scheduled meeting to the following fourth Tuesday in
July or a later date, as determined, if we need to go back to the planning commission
meeting.
We believe these changes will clarify our use now and in the future.
Please let us know the next steps in the process and if there is any additional information or
documentation required from our side.
We will submit a small presentation on the center later this week to be part of the packet. The
updated concept plans are attached.
Thank you for your attention to this matter.
Jaylani Hussein
Executive Director
CAIR-Minnesota
1821 University Avenue W #306
St Paul, MN 55104
Office: (612) 206-3360 Cell:612-406-0070
www.cairmn.com Facebook Twitter
4651482 195617
KEY:
TIBYAN
COMMUNITY
CENTER
2401 LOWRY AVE. NE
ST. ANTHONY, MN
SITE PLAN -
PROPOSED
2/4/2024
A0
NEW PLAYGROUNDPROPOSED PLAYGROUND AREA
(KEEP ROOF - REMOVE ISLANDS)
NEW LANDSCAPE
AREA
NEW PLANTINGS
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.
1
Jennifer Doyle
From:Stan Ross <design2buildmn@live.com>
Sent:Wednesday, May 22, 2024 9:25 AM
To:Steve Grittman
Cc:Jennifer Doyle; 2401 Lowry Ave; 2401 Lowry; Pat Aylward
Subject:Re: 2401 Lowry Ave NE
Caution: This email originated outside our organization; please use caution.
Hi Steve, please see comments below for your questions. The client dropped off a check this morning for the
Land Use Fees. Thank you
Stan J Ross, AIA, NCARB
Design 2 Build, Inc.
612‐396‐4556
licensed: IA, IL, KS, KY, MN, NC, NV,
OH, OK, PA, SC, TX, WI, WV
From: Stephen Grittman <steve.grittmanconsulting@gmail.com>
Sent: Tuesday, May 21, 2024 2:48 PM
To: design2buildmn@live.com <design2buildmn@live.com>
Cc: Jennifer Doyle <jennifer.doyle@savmn.com>
Subject: 2401 Lowry Ave NE
Hello ‐ I have had a brief chance to look over the application for re‐use of the existing building as office space and after‐
school programming. To help the Planning Commission understand and evaluate the nature of the proposed use as it
considers a zoning amendment, could you please add the following information?
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.
You don't often get email from design2buildmn@live.com. Learn why this is important
2
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.
Thanks for attending to these items. Assuming that you are able to provide this additional information to supplement
the application over the next week or so, we are planning on scheduling a public hearing for this item at the June 18,
2024 Planning Commission meeting. Please let me know if you have any additional questions.
‐Steve G.
St. Anthony City Planner
‐‐
Stephen Grittman
Grittman Consulting
612‐409‐6503
Steve.GrittmanConsulting@gmail.com
8/21/2024
1
Tibyan
Center
World Renown Center for Excellence
8/21/2024
2
Excelling in
Quranic Learning
Islamic Education
Youth Enrichment
Programing
Coding and
Programing
8/21/2024
3
Classes for youth
and office for
center
Mosque for Prayer
and multi purpose
space
Rental space to
business
(generating tax
base)
8/21/2024
4
STORAGE
IMAN
OFFICE
CLASSROOM
CLASSROOM
CLASSROOM
CLASSROOM SERVER
ROOM
MOSQUE / MULTI-PURPOSE
ROOM
CONFERENCE
CLASSROOM ROO
M
MEN'S
TOILETS
&
WUDU
NEW TOILET ROOMS: 3
TOILETS, 2 SINKS, NEW
TOILET PARTITIONS, 2
LOCATIONS OF WUDU'S WOMEN'
S TOILETS
& WUDU
KEY:
FIRST FLOOR -
PROPOSED
2401 LOWRY AVE. NE
ST. ANTHONY, MN
RED INDICATES
NEW
CONSTRUCTION
PROPOSED PROGRAM THIS FLOOR:
TIBYAN
COMMUNIT
Y CENTER
2/4/202
4
A
4
Mosque for Prayer
and multi purpose
space
4,000 space 3,000 actual
prayer spaces
15 square feet per
worshipper
200 worshipers
2.5 parking slot 80 stalls
Most attendees of the center.
8/21/2024
5
Classes for youth
and office for
center
Phase 1 use exisiting rooms
as classes
Phase 2 develop 17 classes
with estimate of 15 students
in each class.
Rental space to
business
(generating tax
base)
Income generation for the
center to portion of the center including the
basement to small business
8/21/2024
6
•Recognizing the needs expressed by the city and anticipating other needs by the community, we aim to be
great partners in finding ways to use our facility to enhance community needs.
•We are open to utilizing our oversized parking lot for St Anthony Village community events, such as fairs
and farmers markets.
•We also welcome the opportunity work with city to have city signage on our property since we are at a
key gateway entrance to the city.
City and Community Partnership
8/21/2024
7
On May 29, the building was broken into, fire extinguishers were
sprayed and computers and other items were stolen. Following this, on
June 15, a window was broken, and on June 27, June 29, and June 30,
further break-ins occurred.
On July 2, another break-in was reported, and on July 7, an attempted
break-in was stopped by a member of the center. The latest incident on
July 16 involved the breaking of windows and additional vandalism.
Security cameras captured a group of white males, some masked and
others unmasked, entering the building, and causing significant damage.
Damage estimated
to exceed over
$20,000.
8/21/2024
8
MEMORANDUM
To:St. Anthony Village Planning Commission
From:Stephen Grittman, City Planner
Date:Planning Commission Meeting – August 20, 2024
GC Project No.140.00
Request:Cannabis – Zoning Ordinance Amendments
Property Address: NA
Property PID:NA
PROJECT DESCRIPTION
As has been discussed, the State of Minnesota has passed legislation during the 2023 legislative
session legalizing various aspects of cannabis use, sales, agriculture, and manufacturing. This
legislation follows 2022 legalization of certain low-potency hemp-based THC products. The City
of St. Anthony subsequently adopted regulations for hemp-THC products.
In August of 2023, the City adopted a moratorium on cannabis-related businesses (as
authorized by the legislation), in anticipation of the State’s establishment of agency and rule-
making activities. The State has created the Office of Cannabis Management (OCM) to carry
out the requirements of the legislation, with an originally-anticipated start date of January,
2025. While that date may shift some, the City is seeking to update its zoning regulations to
comply with the local land use impacts of the legislation.
OCM has now developed a model ordinance for local government use and fine-tuning. The
model is attached to this report, with some updates related to aspects of the code that have
already been addressed, which include a prohibition on use in public places, and a separation
buffer from specific land uses (1,000 feet for schools, 500 feet for parks regularly used by
minors, and 300 feet for child care facilities and substance-abuse treatment facilities.
The ordinance has a few areas of local choice, but generally, the State will handle all licensing,
with local governments reviewing the suitability of a location per its zoning district and building
code compliance. There are a few areas of additional consideration, including the following:
1.Number of licensed retail establishments. The state requires that all jurisdictions allow
at least one license for every 12,500 residents – the second license kicking in at a
population of 12,501. This draft ordinance anticipates the City limiting its licensees to
the one required, although the City can choose to allow more if it wishes to do so.
August 20, 2024
Page 2
2.Hours of Operation. As a general rule, it is expected that a retail cannabis facility will
maintain typical retail hours. The state legislation allows the City to set more restrictive
hours, however, staff is not recommending this level of regulation.
Since the zoning ordinance sites a retail facility in a standard commercial retail district, it
is expected that standard commercial hours will be followed. The has the ability to
update this issue if it is found that specific concerns arise related to hours of operation.
3.Odor. There is language in the statute that references an ability to regulate uses based
on odor, however, it is not clear at all how this would be accomplished or enforced. The
City’s adopted prohibition of smoking in public places is intended to address the primary
objection to odor, which is expected to be smoke. Whereas some industries can create
odor emissions, there are PCA limitations on particulate matter and other emissions
which would also apply. Staff is not recommending any additional odor-related
regulation.
4.Low Potency Hemp Products. The City may be able to further limit the low-potency
hemp sales currently allowed by law. St. Anthony has adopted a regulation that limits
sales to those businesses that maintain a tobacco sales license. It is not expected that
this would change as these products shift to State licensing.
5.Cannabis Events. The legislation created a requirement that Cities permit temporary
“Cannabis Events”. These events would be located only where the City authorizes any
other type of temporary event. If in public places, smoking or other consumption would
not be allowed. If in indoor places, the Minnesota Clean Indoor Air Act would continue
to apply. No additional regulation is anticipated at this time.
6.Other. There are a few administrative options for the City to consider, including how to
“register” licensed establishments, enforcing compliance required by the law, and
addressing licensee reapplication, among a few others. These aspects of the ordinance
address clerical aspects of City operation rather than land use decision-making.
PLANNING COMMISSION ACTION
The cannabis topic is complex and has many facets that impact local government. Prior
decisions on cannabis regulation are incorporated into this comprehensive ordinance, now that
the State has created the model ordinance for local guidance. Municipal sales, law
enforcement, and other administrative or General Code aspects of the law are left to separate
consideration by City Council.
Staff asks that the Commission discuss the various questions identified above, and provide
recommendations as to the various elements of City authority. Staff will update the draft
model reflecting staff and Commission comments for City Council consideration at upcoming
meetings. For reference, a draft ordinance, based on the model, is attached. The yellow
highlights are those areas that are optional, or reflect commentary only.
August 20, 2024
Page 3
SUMMARY AND STAFF RECOMMENDATIONS
If the Planning Commission is in agreement, staff recommends approval of a draft zoning
regulation adopts the modified State OCM model ordinance on Cannabis sales, with the
conditions and modifications noted as a part of this report and the specific recommendations of
the Planning Commission.
ATTACHMENTS
Exhibit A:Draft Ordinance Amendment
Exhibit B:Minn. Statutes Chapter 342.13 (Local Control)
EXHIBIT A – Draft (Modified) OCM Model Cannabis Ordinance
AN ORDINANCE OF THE (CITY/COUNTY OF ______) TO REGULATE CANNABIS
BUSINESSES
The City Council of the City of St. Anthony hereby ordains:
Section 1. Administration
1.1 Findings and Purpose
The City of St. Anthony (hereinafter “City”) makes the following legislative findings: The
purpose of this ordinance is to implement the provisions of Minnesota Statutes, chapter
342, which authorizes the City to protect the public health, safety, welfare of City
residents by regulating cannabis businesses within the legal boundaries of City.
The City finds and concludes that the proposed provisions are appropriate and lawful
land use regulations for City, that the proposed amendments will promote the
community's interest in reasonable stability in zoning for now and in the future, and that
the proposed provisions are in the public interest and for the public good.
1.2 Authority & Jurisdiction
The City has the authority to adopt this ordinance pursuant to:
a) Minn. Stat. 342.13(c), regarding the authority of a local unit of government to
adopt reasonable restrictions of the time, place, and manner of the operation of a
cannabis business provided that such restrictions do not prohibit the
establishment or operation of cannabis businesses.
b) Minn. Stat. 342.22, regarding the local registration and enforcement
requirements of state-licensed cannabis retail businesses and lower-potency
hemp edible retail businesses.
c) Minn. Stat. 152.0263, Subd. 5, regarding the use of cannabis in public places.
d) Minn. Stat. 462.357, regarding the authority of a local authority to adopt zoning
ordinances.
This Ordinance shall be applicable to the legal boundaries of the City of St. Anthony, in
both Hennepin and Ramsey Counties, and shall count total licensed facilities as if the
City were in one county.
1.3 Severability
If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional
or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not
be affected thereby.
1.4 Enforcement
The elected body of a jurisdiction can choose to designate an official to administer and
enforce this ordinance. The City Manager or designee is responsible for the
administration and enforcement of this ordinance. Any violation of the provisions of this
ordinance or failure to comply with any of its requirements constitutes a misdemeanor
and is punishable as defined by law. Violations of this ordinance can occur regardless of
whether or not a permit is required for a regulated activity listed in this ordinance.
1.5 Definitions
1. Unless otherwise noted in this section, words and phrases contained in Minn.
Stat. 342.01 and the rules promulgated pursuant to any of these acts, shall have
the same meanings in this ordinance.
2. Cannabis Cultivation: A cannabis business licensed to grow cannabis plants
within the approved amount of space from seed or immature plant to mature
plant. Harvest cannabis flower from mature plant, package and label immature
plants and seedlings and cannabis flower for sale to other cannabis businesses,
transport cannabis flower to a cannabis manufacturer located on the same
premises, and perform other actions approved by the office.
3. Cannabis Retail Businesses: A retail location and the retail location(s) of a
mezzobusiness with a retail operations endorsement, microbusiness with a retail
operations endorsement, medical combination businesses operating a retail
location, (and/excluding) lower-potency hemp edible retailers.
4. Cannabis Retailer: Any person, partnership, firm, corporation, or association,
foreign or domestic, selling cannabis product to a consumer and not for the
purpose of resale in any form.
5. Daycare: A location licensed with the Minnesota Department of Human
Services to provide the care of a child in a residence outside the child's own
home for gain or otherwise, on a regular basis, for any part of a 24-hour day.
6. Lower-potency Hemp Edible: As defined under Minn. Stat. 342.01 subd. 50.
7. Office of Cannabis Management: Minnesota Office of Cannabis Management,
referred to as “OCM” in this ordinance.
8. Place of Public Accommodation: A business, accommodation, refreshment,
entertainment, recreation, or transportation facility of any kind, whether licensed
or not, whose goods, services, facilities, privileges, advantages or
accommodations are extended, offered, sold, or otherwise made available to the
public.
9. Preliminary License Approval: OCM pre-approval for a cannabis business
license for applicants who qualify under Minn. Stat. 342.17.
10. Public Place: A public park or trail, public street or sidewalk; any enclosed,
indoor area used by the general public, including, but not limited to, restaurants;
bars; any other food or liquor establishment; hospitals; nursing homes;
auditoriums; arenas; gyms; meeting rooms; common areas of rental apartment
buildings, and other places of public accommodation.
11. Residential Treatment Facility: As defined under Minn. Stat. 245.462 subd.
23.
12. Retail Registration: An approved registration issued by the City to a state-
licensed cannabis retail business.
13. School: A public school as defined under Minn. Stat. 120A.05 or a nonpublic
school that must meet the reporting requirements under Minn. Stat. 120A.24.
14. State License: An approved license issued by the State of Minnesota’s Office
of Cannabis Management to a cannabis retail business.
Section 2. Registration of Cannabis Businesses
2.1 Consent to registering of Cannabis Businesses
No individual or entity may operate a state-licensed cannabis retail business within the
City of St. Anthony without first registering with City. Any state-licensed cannabis retail
business that sells to a customer or patient without valid retail registration shall incur a
civil penalty of (up to $2,000) for each violation.
2.2 Compliance Checks Prior to Retail Registration
Prior to issuance of a cannabis retail business registration, the City shall conduct a
preliminary compliance check to ensure compliance with local ordinances. Pursuant to
Minn. Stat. 342, within 30 days of receiving a copy of a state license application from
OCM, the City shall certify on a form provided by OCM whether a proposed cannabis
retail business complies with local zoning ordinances and, if applicable, whether the
proposed business complies with the state fire code and building code.
2.3 Registration & Application Procedure
2.3.1 Fees.
The City shall not charge an application fee. A registration fee, as established in
City’s fee schedule, shall be charged to applicants depending on the type of retail
business license applied for. An initial retail registration fee shall not exceed $500
or half the amount of an initial state license fee under Minn. Stat. 342.11,
whichever is less. The initial registration fee shall include the initial retail
registration fee and the first annual renewal fee. Any renewal retail registration
fee imposed by City shall be charged at the time of the second renewal and each
subsequent renewal thereafter. A renewal retail registration fee shall not exceed
$1,000 or half the amount of a renewal state license fee under Minn. Stat. 342.11,
whichever is less. A medical combination business operating an adult-use retail
location may only be charged a single registration fee, not to exceed the lesser of
a single retail registration fee, defined under this section, of the adult-use retail
business.
2.3.2 Application Submittal.
The City shall issue a retail registration to a state-licensed cannabis retail
business that adheres to the requirements of Minn. Stat. 342.22.
(A) An applicant for a retail registration shall fill out an application form, as
provided by the City. Said form shall include, but is not limited to:
i. Full name of the property owner and applicant;
ii. Address, email address, and telephone number of the applicant;
iii. The address and parcel ID for the property which the retail
registration is sought;
iv. Certification that the applicant complies with the requirements
of local ordinances established pursuant to Minn. Stat. 342.13.
v. (Insert additional standards here)
(B) The applicant shall include with the form:
i. the application fee as required in [Section 2.3.1];
ii. a copy of a valid state license or written notice of OCM license
preapproval;
iii. (Insert additional standards here)
(C) Once an application is considered complete, the (insert local
government designee) shall inform the applicant as such, process the
application fees, and forward the application to the (insert
staff/department, or elected body that will approve or deny the request) for
approval or denial.
(D) The application fee shall be non-refundable once processed.
2.3.3 Application Approval
(A) (Optional) A state-licensed cannabis retail business application shall
not be approved if the cannabis retail business would exceed the
maximum number of registered cannabis retail businesses permitted
under Section 2.6.
(B) A state-licensed cannabis retail business application shall not be
approved or renewed if the applicant is unable to meet the requirements
of this ordinance.
(C) A state-licensed cannabis retail business application that meets the
requirements of this ordinance shall be approved.
2.3.4 Annual Compliance Checks.
The City shall complete at minimum one compliance check per calendar year of
every cannabis business to assess if the business meets age verification
requirements, as required under [Minn. Stat. 342.22 Subd. 4(b) and Minn. Stat.
342.24] and this/these [chapter/section/ordinances]. The City shall conduct at
minimum one unannounced age verification compliance check at least once per
calendar year. Age verification compliance checks shall involve persons at least
17 years of age but under the age of 21 who, with the prior written consent of a
parent or guardian if the person is under the age of 18, attempt to purchase adult-
use cannabis flower, adult-use cannabis products, lower-potency hemp edibles,
or hemp-derived consumer products under the direct supervision of a law
enforcement officer or an employee of the local unit of government.
Any failures under this section must be reported to the Office of Cannabis
Management.
2.3.5 Location Change
A state-licensed cannabis retail business shall be required to submit a
new application for registration under Section 2.3.2 if it seeks to move to a
new location still within the legal boundaries of City.
-or -
If a state-licensed cannabis retail business seeks to move to a new
location still within the legal boundaries of City, it shall notify City of the
proposed location change, and submit necessary information to meet all
the criteria in this paragraph.
2.4 Renewal of Registration
The City shall renew an annual registration of a state-licensed cannabis retail business
at the same time OCM renews the cannabis retail business’ license. A state-licensed
cannabis retail business shall apply to renew registration on a form established by City.
A cannabis retail registration issued under this ordinance shall not be transferred.
2.4.1 Renewal Fees.
The City may charge a renewal fee for the registration starting at the second
renewal, as established in City’s fee schedule.
2.4.2 Renewal Application.
The application for renewal of a retail registration shall include, but is not limited
to:
• Items required under Section 2.3.2 of this Ordinance
• Insert additional items here
2.5 Suspension of Registration
2.5.1 When Suspension is Warranted.
The City may suspend a cannabis retail business’s registration if it violates the
ordinance of City or poses an immediate threat to the health or safety of the
public. The City shall immediately notify the cannabis retail business in writing the
grounds for the suspension.
2.5.2 Notification to OCM.
The City shall immediately notify the OCM in writing the grounds for the
suspension. OCM will provide City and cannabis business retailer a response to
the complaint within seven calendar days and perform any necessary inspections
within 30 calendar days.
2.5.3 Length of Suspension.
The suspension of a cannabis retail business registration may be for up to 30
calendar days, unless OCM suspends the license for a longer period. The
business may not make sales to customers if their registration is suspended. The
City may reinstate a registration if it determines that the violations have been
resolved. The City shall reinstate a registration if OCM determines that the
violation(s) have been resolved.
2.5.4 Civil Penalties.
Subject to Minn. Stat. 342.22, subd. 5(e) the City may impose a civil penalty, as
specified in the City’s Fee Schedule, for registration violations, not to exceed
$2,000.
2.6 Limiting of Registrations
The City shall limit the number of cannabis retail businesses to no fewer than one
registration for every 12,500 residents within (insert local legal boundaries here).
The City shall limit the number of cannabis retail businesses to one(1).
Section 3. Requirements for Cannabis Businesses
3.1 Minimum Buffer Requirements
3.1.1 The City shall prohibit the operation of a retail cannabis business within the
following buffer distances, measured from the primary public entrance of the cannabis business
to the primary entrance of the use identified herein:
(1) 1,000 feet of a school.
(2) 300 feet of a day care.
(3) 300 feet of a residential treatment facility.
(4) 500 feet of an attraction within a public park that is regularly used by minors,
including a playground or athletic field.
Pursuant to Minn. Stat. 462.367 subd. 14, nothing in Section 3.1 shall prohibit an active
cannabis business or a cannabis business seeking registration from continuing operation
at the same site if a (school/daycare/residential treatment facility/attraction within a
public park that is regularly used by minors) moves within the minimum buffer zone.
3.2 Zoning and Land Use
3.2.1. Cultivation.
Cannabis businesses licensed or endorsed for cultivation are permitted as
identified in Section 152.xxx (see ordinance reference) as identified in the
specific C-Commercial or L-I, Light Industrial Districts of the City
3.2.1. Hemp Manufacturer.
Businesses licensed or endorsed for low-potency hemp edible manufacturers permitted
as a (type of use) in the following zoning districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
3.2.1. Wholesale.
Cannabis businesses licensed or endorsed for wholesale are permitted as a (type of use)
in the following zoning districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
3.2.1. Cannabis Retail.
Cannabis businesses licensed or endorsed for cannabis retail are permitted as a (type of
use) in the following zoning districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
3.2.1. Cannabis Transportation.
Cannabis businesses licensed or endorsed for transportation are permitted as a (type of
use) in the following zoning districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
3.2.1. Cannabis Delivery.
Cannabis businesses licensed or endorsed for delivery are permitted as a (type of use) in
the following zoning districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
3.3 Hours of Operation
[A jurisdiction may adopt an ordinance limiting hours of operation between 10 a.m. and 9
p.m., seven days a week, and that State statute prohibits the sale of cannabis between 2
a.m. and 8 a.m., Monday through Saturday, and between 2 a.m. and 10 a.m. on
Sundays.]
Cannabis businesses are limited to retail sale of cannabis, cannabis flower, cannabis
products, lower-potency hemp edibles, or hemp-derived consumer products between the
hours of (insert time here) and (insert time here).
3.4 (Optional) Advertising
Cannabis businesses are permitted to erect a sign on the exterior of the building or
property of the business, or as allowed by the City’s sign regulations in Section 152.xxxx
Section 4. Temporary Cannabis Events
Any individual or business seeking to obtain a cannabis event license must provide OCM
information about the time, location, layout, number of business participants, and hours of
operation. A cannabis event organizer must receive City approval, including obtaining any
necessary permits or licenses issued by a local unit of government before holding a cannabis
event.
4.1 License or Permit Required for Temporary Cannabis Events
4.1.1 License Required.
A cannabis event organizer license entitles the license holder to organize a
temporary cannabis event lasting no more than four days. A jurisdiction should
determine what type of approval is consistent with their existing ordinances for
events. A license or permit is required to be issued and approved by City prior to
holding a Temporary Cannabis Event.
4.1.2 Registration & Application Procedure
A registration fee, as established in City’s fee schedule, shall be charged to
applicants for Temporary Cannabis Events.
4.1.3 Application Submittal & Review.
The City shall require an application for Temporary Cannabis Events.
(A) An applicant for a retail registration shall fill out an application form, as
provided by the City. Said form shall include, but is not limited to:
i. Full name of the property owner and applicant;
ii. Address, email address, and telephone number of the applicant;
iii. (Insert additional standards here)
(B) The applicant shall include with the form:
i. the application fee as required in (Section 4.1.2);
ii. a copy of the OCM cannabis event license application,
submitted pursuant to 342.39 subd. 2. The application shall be
submitted to the City of St. Anthony, or other designee for review.
If the designee determines that a submitted application is
incomplete, they shall return the application to the applicant with
the notice of deficiencies.
(C) Once an application is considered complete, the designee shall inform
the applicant as such, process the application fees, and forward the
application to the (insert staff/department, or elected body that will
approve or deny the request) for approval or denial.
(D) The application fee shall be non-refundable once processed.
(E) The application for a license for a Temporary Cannabis Event shall
meet the following standards:
[A jurisdiction may establish standards for Temporary cannabis events which the event
organizer must meet, including restricting or prohibiting any on-site consumption. If there
are public health, safety, or welfare concerns associated with a proposed cannabis
event, a jurisdiction would presumably be authorized to deny approval of that event.]
• Insert standards here
(G) A request for a Temporary Cannabis Event that meets the
requirements of this Section shall be approved.
(H) A request for a Temporary Cannabis Event that does not meet the
requirements of this Section shall be denied. The (insert city/town/county)
shall notify the applicant of the standards not met and basis for denial.
(Optional) Temporary cannabis events shall only be held at (insert local place).
(Optional) Temporary cannabis events shall only be held between the hours of (insert start time)
and (insert stop time).
Section 5. (Optional) Lower-Potency Hemp Edibles
[A jurisdiction can establish different standards or requirements regarding Low-Potency Edibles.
A jurisdiction can consider including the following section and subsections in their cannabis
ordinance.]
5.1 Sale of Low-Potency Hemp Edibles
The sale of Low-Potency Edibles is permitted, subject to the conditions within this
Section.
5.2 Zoning Districts
If sales are permitted, a jurisdiction can limit what zone(s) the sales of Low-Potency
Edibles can take place in. A jurisdiction can also determine if such activity requires a
Conditional or Interim Use permit.
Low-Potency Edibles businesses are permitted as a retail sales use in the following
locations:
• Any premise which holds a valid tobacco sales license in the City of St.
Anthony.
5.3 (Optional) Additional Standards
5.3.1 Sales within Municipal Liquor Store.
The sale of Low-Potency Edibles is permitted in a Municipal Liquor Store.
5.3.2 Age Requirements.
A jurisdiction is able to restrict the sale of Low-Potency Edibles to locations such as bars.
The sale of Low-Potency Edibles is permitted only in places that admit persons 21 years of age
or older.
5.3.3 Beverages.
The sale of Low-Potency Hemp Beverages is permitted in places that meet requirements of this
Section.
5.3.4 Storage of Product.
A jurisdiction is able to set requirements on storage and sales of Low-Potency Edibles. Low-
Potency Edibles shall be sold behind a counter, and stored in a locked case.
Section 6. (Optional) Local Government as a Cannabis Retailer
City may establish, own, and operate one municipal cannabis retail business subject to the
restrictions in this chapter.
The municipal cannabis retail store shall not be included in any limitation of the number of
registered cannabis retail businesses under Section 2.6. City shall be subject to all same rental
license requirements and procedures applicable to all other applicants.
Section 7 Use in Public Places
No person shall use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-
derived consumer products in a public place or a place of public accommodation unless the
premises is an establishment or an event licensed to permit on-site consumption of adult-use.
EXHIBIT B – Minn. Statutes Section 342.13
[342.13] LOCAL CONTROL.
(a) A local unit of government may not prohibit the possession, transportation, or
use of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products authorized under this chapter.
(b) Except as provided in section 342.22, a local unit of government may not
prohibit the establishment or operation of a cannabis business licensed under this chapter.
(c) A local unit of government may adopt reasonable restrictions on the time, place,
and manner of the operation of a cannabis business provided that such restrictions do not
prohibit the establishment or operation of cannabis businesses. A local unit of government
may prohibit the operation of a cannabis business within 1,000 feet of a school, or 500 feet of
a day care, residential treatment facility, or an attraction within a public park that is regularly
used by minors, including a playground or athletic field.
(d) The office shall work with local units of government to:
(1) develop model ordinances for reasonable restrictions on the time, place, and
manner of the operation of a cannabis business;
(2) develop standardized forms and procedures for the issuance of a retail
registration pursuant to section 342.22; and
(3) develop model policies and procedures for the performance of compliance
checks required under section 342.22.
(e) If a local unit of government is conducting studies or has authorized a study to
be conducted or has held or has scheduled a hearing for the purpose of considering adoption
or amendment of reasonable restrictions on the time, place, and manner of the operation of a
cannabis business, the governing body of the local unit of government may adopt an interim
ordinance applicable to all or part of its jurisdiction for the purpose of protecting the
planning process and the health, safety, and welfare of its citizens. Before adopting the
interim ordinance, the governing body must hold a public hearing. The interim ordinance
may regulate, restrict, or prohibit the operation of a cannabis business within the jurisdiction
or a portion thereof until January 1, 2025.
(f) Within 30 days of receiving a copy of an application from the office, a local unit
of government shall certify on a form provided by the office whether a proposed cannabis
business complies with local zoning ordinances and, if applicable, whether the proposed
business complies with the state fire code and building code. The office may not issue a
license if a cannabis business does not meet local zoning and land use laws.
(g) Upon receipt of an application for a license issued under this chapter, the office
shall contact the local unit of government in which the business would be located and
provide the local unit of government with 30 days in which to provide input on the
application. The local unit of government may provide the office with any additional
information it believes is relevant to the office's decision on whether to issue a license,
including but not limited to identifying concerns about the proposed location of a cannabis
business, or sharing public information about an applicant.
(h) The office by rule shall establish an expedited complaint process to receive,
review, and respond to complaints made by a local unit of government about a cannabis
business. Complaints may include alleged violations of local ordinances or other alleged
violations. At a minimum, the expedited complaint process shall require the office to provide
an initial response to the complaint within seven days and perform any necessary inspections
within 30 days. Nothing in this paragraph prohibits a local unit of government from
enforcing a local ordinance. If a local unit of government notifies the office that a cannabis
business other than a cannabis retailer, cannabis microbusiness with a retail operations
endorsement, cannabis mezzobusiness, lower-potency hemp edible retailer, medical cannabis
retailer, or medical cannabis combination business poses an immediate threat to the health or
safety of the public, the office must respond within one business day and may take any action
described in section 342.19 or 342.21.
(i) A local government unit that issues cannabis retailer registration under section
342.22 may, by ordinance, limit the number of licensed cannabis retailers, cannabis
mezzobusinesses with a retail operations endorsement, and cannabis microbusinesses with a
retail operations endorsement to no fewer than one registration for every 12,500 residents.
(j) If a county has one active registration for every 12,500 residents, a city or town
within the county is not obligated to register a cannabis business.
(k) Nothing in this section shall prohibit a local government unit from allowing
licensed cannabis retailers in excess of the minimums set in paragraph (i).
(l) Notwithstanding the foregoing provisions, the state shall not issue a license to
any cannabis business to operate in Indian country, as defined in United States Code, title 18,
section 1151, of a Minnesota Tribal government without the consent of the Tribal
government.
NOTICE OF A PUBLIC HEARING
August 20, 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 proposed amendments to the Zoning Ordinance and other City Code
sections related to limitations on the number and location of cannabis retail businesses pursuant to MN
Stat. 342.
The City Council will also consider a first reading of the proposed amendments at their regular meeting
on September 10, 2024, with possible subsequent readings to follow.
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 their meeting tentatively to be scheduled on September 10, 2024 at 7:00 p.m. at City Hall.
Steve Grittman
City Planner