St. Paul Park planning commission backs CUP standards for 'assembly' uses in B‑2 zone, sets default 200-person cap

City Planner Nate Sparks told the Planning Commission Monday that commercial recreation and event centers in the city’s B‑2 highway commercial district are ‘‘assembly’’ uses and must be treated consistently to avoid federal legal exposure.

‘‘If you allow an assembly use, you have to allow a religious institution,’’ Sparks said, citing the Religious Land Use and Institutionalized Persons Act and concerns raised under RFRA. Sparks warned that inconsistent zoning language has led other cities into federal suits and punitive damages: ‘‘They had to pay $1,000,000 dollars,’’ he said.

Sparks recommended moving assembly-type uses into the CUP (conditional-use permit) list for the B‑2 district, replacing the term ‘‘church’’ with ‘‘places of assembly’’ in city code, and adding objective standards—such as limits on outdoor activity next to residential zones, trash-enclosure siting, lighting rules, and sound measured at the residential property line—so the city can mitigate potential neighborhood impacts.

Commissioners discussed whether the ordinance should set blanket hours or occupancy limits up front or leave those determinations to the CUP review. Chair Patrick Downes moved that the commission recommend the City Council adopt items 2–6 from Sparks’ memo (including the noise, lighting, trash and private-event provisions); the motion passed by voice vote.

Downes then moved that the City Council reserve the right to limit or restrict hours of operation as part of the CUP approval process rather than impose a hard automatic cap; that motion passed, with one commissioner recorded in opposition.

A separate motion established a baseline occupancy limit for assembly/event centers of 200 people, with the option for the City Council or the CUP process to approve a higher or lower number based on site size, parking, fire‑marshal/architect capacity determinations and other relevant factors. The commission approved forwarding that recommendation to the council.

The commission also discussed enforcement and coordination with building and fire officials. Sparks and commissioners agreed that licensed architects’ plans and the building official’s review would be the technical baseline for occupancy and that CUP conditions should not conflict with fire and building code determinations.

What happens next: The Planning Commission’s recommendations will be forwarded to the City Council for ordinance drafting and consideration. Any final rules on hours or occupancy can still be adjusted during the council’s ordinance process or on a site-specific basis through the CUP review.