Newport City Council — Transcript

Tuesday, May 12, 2026

4412th Street Appeal Hearing: Zoning and Nuisance Violations

Bailey Nurseries Business Park Development Request

Bailey Nurseries Multifamily and Gas Station Development Request

Bluff Definition Ordinance Update

Votes (4)

4412th Street Appeal Hearing

Approved Unanimously

Moved by Commissioner Ramali [00:12:44] · Seconded by Commissioner Fueling [00:12:49]

The property at 4412th Street has multiple zoning code violations, including accessory structures (detached garage, lean-to, gazebo, blue shed, driveway, fencing, decking) within the public right-of-way and a sewer/water easement. The lean-to and driveway in the easement pose a safety concern as they impede access for critical utility repairs. The homeowner, Mr. Huin, appealed, stating he was unaware of violations at purchase in 2021, the structures were built 20 years ago, and he lacks funds for removal. He questioned why the city didn't address violations with prior owners, citing a 2012 notice. City staff acknowledged past oversight but emphasized the current safety risk and offered a potential option for the city to contract removal and assess costs over 10 years, subject to City Council approval.

Bailey Nurseries Business Park Development Request for Public Hearing

Approved Unanimously

Moved by Commissioner Ramali [00:36:17] · Seconded by Commissioner Fueling [00:36:20]

United Properties requested approval for a preliminary plat, PUD, shoreland CUP, and variances for two business park buildings on a 40-acre site. The project requires extensive utility extensions from Sterling to the site. Variances are sought for impervious surface due to the shoreland overlay (affecting Rio Lake buffer) and minor building height deviations. Design compatibility with neighboring Woodbury's 'growth area plan' was a key discussion point, with the developer committing to revise facade designs to align with area standards. Tree removal for development will be mitigated by significant new plantings. Parking is designed for speculative business park uses, deemed appropriate by staff.

Bailey Nurseries Multifamily and Gas Station Development Request for Public Hearing

Approved Unanimously

Moved by Commissioner Fueling [00:36:22] · Seconded by Commissioner Ramali [00:36:25]

Real Estate Equities and Quick Trip sought rezoning to MX3, preliminary plat, PUD, shoreland CUP, and variances for a 184-unit multifamily building and a Quick Trip gas station. The project faces density and open space variances within the shoreland overlay due to its location, but staff supports these given the project's overall context. Parking for the multifamily building is lower than code, but the developer justified it with experience from similar projects in other cities, and staff noted comparable ratios in Newport. Design details for both buildings were discussed, with commitments to align with area guidelines and address residential impact concerns, such as relocating diesel lanes away from apartments. The project's approval is contingent on the Business Park project providing utilities.

Bluff Definition Ordinance Update

Approved Unanimously

Moved by Acting chair Bonia [00:39:03] · Seconded by Commissioner Ramali [00:39:04]

The planning commission considered an update to the city's bluff definition, primarily to bring it into compliance with state rules, specifically the Mississippi River Critical Corridor Act definition, as recommended by the DNR. This amendment would result in a slightly stricter definition, potentially encompassing more steep slopes, particularly on the east side of Highway 61, within the Bluffland Overlay District. Staff indicated this change would simplify the code and align Newport with practices in neighboring communities like Grove Heights and South St. Paul, without imposing significant new challenges for development.

Notable Quotes (8)

We have a water line that's underneath that leanto and underneath that driveway. If there's a break, we will tear that that down. We will remove the driveway and we will charge him for the costs... It will also delay water to other residents in the city.

Joe [00:06:21]
4412th Street Appeal Hearing

If city has done it job 15 years ago, we would have no issue today. The thing is people who've done wrong, why do other resident has to um obser uh absorb the cost?

Tang (Mr. Huin) [00:09:27]
4412th Street Appeal Hearing

any agreement like that would allow the city to require those be removed at some point at that property owner's expense. So, even if it's something that wasn't an issue 10 years back, if it becomes an issue under some sort of agreement at that point, the city could have ordered it removed.

City Staff [00:11:34]
4412th Street Appeal Hearing

Newport certainly does not have to hold developments to another city's standards, but given that this is going to be one um continuous project, one kind of neighborhood if you will, uh there will be some expectation from Newport staff just that there's continuity across the site.

Nathan [00:16:04]
Bailey Nurseries Business Park Development Request for Public Hearing

this design was submitted and done prior to the growth area plan that Woodbury sent out and there's been a lot of changes since that time. So, we plan to work with and actually today sent out an email to our architect to work with the city and their requirements and hopefully bring this plan to conformance.

Nicole Fontaine [00:24:14]
Bailey Nurseries Business Park Development Request for Public Hearing

for the projects that we've built is actually quite a bit higher than we've been doing. We've typically been building projects and designing them that are probably in the 17 to8 stall per unit ratio. So we feel pretty confident that 1.95 stalls per unit um is ample parking for the project.

Alex Bazans [00:27:18]
Bailey Nurseries Multifamily and Gas Station Development Request for Public Hearing

We did have them originally when our first presentation we had them over here. We moved them over here to get the trucks away from the apartments and the residents here.

Scott [00:29:43]
Bailey Nurseries Multifamily and Gas Station Development Request for Public Hearing

the bluff definition will become slightly more strict. So in other words, slightly more of our steep slopes in the city, particularly on the east side of 61 in those areas, we will have a slightly higher standard for maybe including more of these sloped areas.

Nathan [00:38:00]
Bluff Definition Ordinance Update

Ordinances & Resolutions (14)

Book 285 of Deeds, pages 33-42Other

Record of a sewer and water easement affecting the 4412th Street property.

Zoning Code 2026Ordinance

Updated city zoning regulations referenced in the 4412th Street appeal.

Prior Code 2025Ordinance

Previous city zoning regulations referenced in the 4412th Street appeal.

Violation NoticeOther

Official communication sent to the homeowner at 4412th Street detailing zoning violations.

Notice of AppealOther

Document submitted by Mr. Huin to contest the zoning and nuisance violations.

PC Resolution number 2026-01Resolution

Resolution of findings, conclusions, and order regarding the alleged zoning code violations at 4412th Street.

Environmental Assessment Worksheet (EAW)Other

Document approved in January 2026 for the Bailey Nurseries development, including a traffic study.

Comprehensive PlanPlan

City and County plans that guide future land use and road development.

Preliminary PlatPermit

Development request for the Bailey Nurseries Business Park and Multifamily/Gas Station projects.

Planned Unit Development (PUD)Permit

Development request for the Bailey Nurseries Business Park and Multifamily/Gas Station projects, allowing for flexibility in zoning standards.

Shoreland Conditional Use Permit (CUP)Permit

Required for industrial use in the shoreland overlay for Bailey Nurseries Business Park and for the gas station in the shoreland overlay.

VariancesPermit

Requests for exceptions to impervious surface limits, density maximums, open space requirements, and building height in the shoreland overlay and for setback/lot coverage in the business park.

Zoning Map AmendmentOrdinance

Request to change the zoning for the Bailey Nurseries Multifamily and Gas Station site to MX3.

Bluff Definition Ordinance UpdateOrdinance

Proposed amendment to the city's zoning ordinance regarding the definition of a bluff.

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Newport City Council - Newport Recorder