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89-742 WHITE - CITV CLERK . PINK - FINANCE CITY O AINT PALTL Council r^,' ,/I'� BLUERV-MAVORTMENT File NO. r' �^ 7 L � ` �' 0 nd ce Ordinance N 0. ��° �� Presented By � C Referred To Committee: Date Out of Committee By Date An ordinance amending Chapt r 0, sections .753 and .754, and C� r 64.300 of the Saint Paul Le is ative Code pertaining to the Zorlii� d` - Special Condition Uses. �� ,��'"� �.1� THE COUNCIL OF THE CITY OF SAINT AU DOES ORDAIN: `�� 1 '� 19R� Se t i on 1. �� `��.-� . That section 60.753 of the ai t Paul Legislative Code be and is hereby ��0�� amended to read as follows: Principal uses permitted su je t to special conditions. The following additional uses shall be p rmi ted subject to the conditions hereinafter imposed for each use and s j t to the standards specified for all special condition uses as et orth in Section 60.754 and Section 64.300 �. All principal uses p rmi ted subject to special -con itions s a be reviewed and approved b t e planning commission. S ction 2. That section 60.754 of the Sa nt Paul Legislative Code be and is hereby amended to read as follows Standards for principal us s ubject to special conditions. Before the planning commission may gr nt approval of a principal use subject to special condition, the co is ion shall find that the use meets the following standard: (1) The use will promote t e ublic peace, health, safety and welfare. (2) The use will be in com li nce with the Saint Paul Comprehensive Plan �3� The use will promote an e hance critical view corridors between the river and the river al ey and surrounding bluffs as set forth in the Comprehensive P1 n. COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond �� In Fa or Goswitz Rettman ��;�� A gai n t BY Sonnen Wilson Form App ove by Cit Attorn Adopted by Council: Date Ceatified Passed by Council Sec�etary BY By f Approved by Mayor: Date Approv d y Mayor for Submission to Council By BY . . � � �� Z�Y�° � �PARTMENT/OFFlCFJOOUNdI DATE INITIA D � ry6 � v PED - P1 anni ng � 4/18/ 9 GREEN SH T /7� No. 71 9 coNrncr rERSOrt a�or�e � iNmnua►re DEPARTMENT DIRECTOR �CRY QOUNqL Donna Datsko x3395 � cm�rroRN�r �cnvc�wc MUBT BE ON�UNqL AQENDA BY(DA'f� ROUTWO BUDOEf DIiiECTOR �FIN. T.SERVI DIR. MAYdi(OR A8818T TOTAL�OF SIONATURE PA(iE8 � (CLIP AL LO ATIONS FOR 81G1NATUR� ACTION REWESTED: Enact zoning text changes related to Spe ial Condition Use Permits. RECOMMENDATIONS:�PP►we(W a Relect(pl COUNCIL COM IT�TEE/�ARCN iiEPORT OPTIONAL`. �PLANNING COMMISSION _GVIL 8ERVICE COMMISSION ��Y� ��E�. ��I Y�� _dB C�iMITTEE A �� — �M� : q�R 1 ,:� 1°89 —DIBTRICT WURT _ SUPPORTS WNICH COUNCIL OBJECTIVE9 p- Nei hborhoods ��''�Y� ��E iNmnnNO�eM,issue.OPPORTUNITY(Who.wna�.wi,a,,wn.re,wn�: Enactment of these proposed zoning text am ndments will add language establishing general standards for all special condition use a d will provide authority for the Planning Commission to revoke a SCUP if it is fo nd after a public hearing that conditions of a permit are not being met. These issue�s, were identified during the P1 nning Commission public hearing and review of the Community Residential Facility text am ndments. ADVANTAOES IF APPROVED: - will add text language for Planning C mm ssion authority for revoking a Special Condtion Use Permit -.will add standards by which all prop e Special Condition uses are reviewed - will specifically spell out guidelin s r Special Condition Use review and add clarity for the Commission, the applicants, nd other interested parties DISADVANTAOES IF APPROVED: None DI8ADVANTAOES IF NOT APPROVED: - Planning Commission will continue w th implied authority to consider during Special Condition Use Permit reviews such f ct rs as relationship,�of proposed use to existing uses, conformance to exi sti ng pl ans fo the area and so o�w��::r�� rch Center, 11I�� 2 '_ i��s9 TOTAL AMOUNT OF TRANSACTI�1 = N�A COST/REVENUE BUDOETED(CIRC�E ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER Flwwa�iNr-oAtianori:��a+wn� NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE(iREEN SHEET INSTRUCTIONAL MANUAI AVAILABLE IN THE PURCHASINC3 OFFICE(PHONE NO. 298-4225). ROUTIN(3 ORDER: Below are preferred routings for the flve most frequent types of dxuments: CONTRACTS (assumes authorized COUNCIL RESOLUTION (Amend, Bdgts./ budget exists) Accept.Grants) 1. Outside Agency 1. Department Director 2. Initiating Department 2. Budget Director 3. City Attorney 3. qty Attomey 4. Mayor 4. MayodAesistant 5. Finance 8�Mgmt Svcs. Director 5. CKy Cou�fl 6. Finance Accounting 6. Chief AccouMant, Fn 8 Mgmt Svcs. ADMINISTRATIVE ORDER (Budget COUNqL RESOLUTION (all others) Revision) and ORDINANCE 1. Activiry Manager 1. Initiating Department Director 2. Department Accountant 2• Ciry Attomey 3. Department Director 3. MayodAssistant 4. Budget Dfrector 4. City Council 5. City Clerk 6. Chief Accountant, Fin &Mgmt Svcs. ADMINISTRATIVE ORDERS (all others) 1. Initiating Department 2. City Attorney 3. Mayor/Assistant 4. City Clerk TOTAL NUMBER OF SIGNATURE PAGES Indicate the#M pages on which signatures are requfred and� each of these pages• ACTION REGIUESTED Deacribe what the projecUrequest seeks to accompi(sh in either chronologi- cal oMer or order of importance,whichever is most appropriate for the issue. Do not write complete aentences. Begin each item in your list with a verb. RECOMMENDATIONS Compiete if the iss�e in question has been preseMed before any body, public or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which Councll objective(s)your projecUrequest supports by listing the key word(s)(HOUSING, RECREATION, NEIGHBORHOODS,E�NOMIC DEVELOPMENT, BUDGET, SEWER SEPARATION).(SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) COUNCIL COMMITTEE/RESEARCH REPORT-OPTIONAL AS RE�UESTED BY COUNCIL INITIATING PROBLEM, ISSUE,OPPORTUNITY Explain the situation or conditions that created a need for your project or request. ADVANTAGES IF APPROVED Indicate whether this is slmply an annual budget prxedure required by law/ charter or whether there are speciffc ways in which the City of Saint Paul and its citizens will beneM from this projecUaction. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past processes might this projecUrequest produce if it is passed(e.g.,traffic delays, noise, tau increases or assessments)?To Whom?When? For how long? DISADVANTAGES IF NOT APPROVED What will be the negative consequences if the promised action is not approved?Inability to deliver service?Continued high treffic, noise, accident rate? Lose of revenue? FINANCIAL IMPACT Akhough you must tailor the information you provide here to the issue you are addressing, in generat you must answer two questions: How much is it going to cost?Who is going to pay? - � � T �'9— �� . �c f �� (4) The extent, location an i tensity of the use will be in substantial accord with the Comprehensi e lan. (5) The use will conform wi h he applicable regulations of the zoning district and river corridor ov rlay district in which the use is located. (6) The use will provide ad qu te ingress and egress to minimize traffic congestion in the public st ee s. (7) The use will not create no tend to create an excessive nuisance in the area. (8) The use will not advers 1 affect property values. S ction 3. That section 64.300 of the Saint Paul Legislative Code be and is hereby amended as follows: (a) The planning commiss on shall review and approve all principal uses permitted subject to pe ial conditions, site plans, determinations of similar use, and other at ers and cases as may by law be provided. The lanning commission sh 11 have the authorit to revoke an s ecial condition use permit. The la ning commission may, by rule, delegate to the planning administrator it power to review and approve all such matters and cases; provide h wever, that the planning commission shall not delegate its power to ev ke an s ecial condition use ermit or modify special conditions mp sed upon any principal uses permitted subject to such special co di ions. _ - _ --�, - _ � „ - - - _- � _ ' �.. t c � _ ' � t �tt �w�-;�sr x#,3 'v'. . r ..«t-.. --,.,. w. .�:�- , .._.. ...... ,nr{. �,,. w " - _ ,l.' ��' { - ' � �f �s�� _ x.' , �'`�;rt .,,..-' - s �• T. r • � � �,y " '� ' ,...��.�'_._.,. _ _ ,�!�.. __�. ..�i...�.:_ __. . `��:;.+ _.,____:. __ --�___. __..�. �., _z____, -- 1 — -�st ��_�—� �znd C -:�,_ � ,c � �� 3rd r _�.�'_,P� Ado te .� /�� , �_ _ , , "L Yeas Nays '; .�. • r DREW ` NICOSIA C��/ � ��` - �� RETTMAN x �/ � �` 7� � - ` ` . SCHEIBEL , ti � - - - �' S 0\TN�N ' .'' � WILSO\T - 4r'EIDA . st- PRSIDENT: - ��:.. � . - � , E _ _ - : - ,�-�; - � : '` --•----� ..y __,�.,� _.._._._ _ -- - -- - � -�s�-- . . _„ _ _ � - - �, K." � 1�"_ _ f� i � -y . 7 r` .. . :. .., . ,_ �.,._ `; .:� :... . -.,.. .�. t,7-�• _�:� x - � - ._ - � _ _ � 3 ; .:: ' . :..., '.,� �� . _ :.... , . .:. .. :. ..� . . . ..;. . I�' , �_ - _ ;'_ ,t4i# ��/ Y.Hw '�..�•«'o•'i.ar, .�A�+d> +�r5' 'YiN ro�d�a:�ni�. . , .,_ . , ._ .. _ af vw%�G-Ma✓14.3'b�K:.�i Ma?F'..',i".�» s._ '..^: �:�b-Ad+�-.�....�:Y idN��4 �' a�::�Y°'�+�M%u� �y.'�ki�+y WHITE - CITV CLERK � . PINK � FINANCE GITY O AINT PAUL Council r.ANARV -DEPARTMENT BLUE -MAVOR File NO. �' � � � O ndnce Ordinance N�. l 7��v Presented By Referred To Committee: Date Out of Committee By Date (b) The planning commissio , r planning administrator where delegated, shall investigate th circumstances of each such case before granting an approval or revo in a s ecial condition use ermit. When authority has not been deleg te to the p anning administrator, the planning commission shall ma e o decision until after a public hearing has been conducted by the pl nn ng commission or the zoning committee of the planning commission. Th p anning commission or zoning committee shall send notice of the tim a d place of any hearing to all parties who may in its opinion be af ec ed by its decision, which shall in all cases include all owners of ec rd of property within three hundred fifty (350) feet of premises in question. Such notices shall be delivered personally or by m il addressed to the respective owners at the address given in the mos c rrent Ramsey County property taxation records. � Before the lannin c i sion ma rant a roval of a rinci al use subject to s ecial condi io s, the commission sha f�nd that: (1) The extent, location and in ensit of the use will be in substantial com iance wit t e Saint P om rehensive P an an an a licab e subarea lans which were a rov d b the cit council . 2 The use will rovide ad u e in ress and e ress to minimize traffic con estion in the ublic st ee s. (3 The use will not be det im ntal to the existin character of the evelo ment in the immediat n i hborhood or endan er the u lic ealth, sa ety an genera we are. (4 The use will not im ede th normal and orderl develo ment and im rovement of the surround n ro ert for uses ermitted in the i stri ct. (5 The use shall , in all o he res ects conform to the a licable re ulations of the district in which it is located. COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond �� In Fa or coswitz Rettmen Sc6eibel Again t BY Sonnen Wilson Form Approved by City Attorney Adopted by Couacil: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved by Mayor for Submission to Council By BY - WHITE - CITV CLERK . PINK - FINANCE GITY O AINT PAUL Council yANARV -DEPARTMENT BLUE -MAVdR File �O. � �� 0 ndnce Ordinance N 0. l 7�P � � Presented By Referred To Committee: Date Out of Committee By Date (c� Revocation: conditional u ermits. 1 In an case where a rin i 1 use subject to s ecial condition has not been established within on ear after the date of rantin thereof, then wit out furthe a tion the annin commission or the cit counci the conditiona u e or authorization sha e nul and void. (2 The zonin administrator sh 11 notif the commission when a s ecial condition use is not in com ia ce with an of the conditions im osed u on suc use ermit. The c mm ssion ma at a u ic hearin 0 owin notice to t e owne o su �ect ro ert and ot er a acent ro ert owners as s ecified in section 64.300 , and u on determination that the condi io s im osed u on t e s ecia use ermit are not ein com ie with, re oke t e s ecia con ition use ermit and re uire t at suc use e is on inue . �b3� The grant or denial a proval , or revocation of a special condition use permit by the la ning commission is subject to appeal to the city council in accorda e ith Section 64.206. � A fee to be establish d resolution of the cit council shall be aid to the zonin section f he lannin division b all holders of s ec�a con ition use ermi s ic are su �ect to annua review. Fees sha e aid t e ermit o der at the time notice o t e review is made to the ermit o der. Su reso ution ma rovi e for waiver or refund of such fee under s ci ic circumstances. Rename Sections c to d , d to e , e to f) , f to h to i . COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond �� [n Fa or Goswitz Rettman B Scheibel Again t Y Sonnen Wilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved by Mayor for Submission to Council By BY WHITE. — CITV CLERK . PINK •— FINANCE COUIICll rX^� �/J�/'' C�NARV — DEPARTMENT GITY OF S INT PAUL File NO. u �� s'� BLUE —MAVOR � Or i dnce Ordinance N0. ` 7�P�� Presented By Referred To Committee: Date Out of Committee By Date Se ti n 4. This Ordinance shall take effe t nd be in force thirty days from and after its passage, approval an p blication. COUNCIL MEMBERS Yeas Nays Requested by Department of: , rn�ona � P1 anni ng and Econo c D el m �� [n Fa or ��,�..� Goswitz � �',`�-/ Rettman B Scheibel � A gai n t Y � Sonnen �- Adopted by Council: Date JUL 2 01989 Form Approv d by City Attorn Certified Pas e ouncil ret r BY By Approv Mayor: �� 2 i Appro Mayor for•Submiss' to ouncir By PUBIiS�EH J U L 2 9 19 9 . _ �. . �� `� �� WHITE - C1TV CLER � . PINK ' - FINANCE CO�lI1C11 /' ^ BLUERV-MAV ORTMEN G I TY O A I NT PA U L File N O. �/ ✓ �� r O� dnCP, Ordinance NO. Presented B I Referred To � �- � Committee: Date �a�a � Out of Committee By Date An ordinance ame ding Chapte 6 , sections .753 and .754, and Chapter 64.300 of the Sai t Pau1 Leg sl tive Code pertaining to the Zoning Code - Special Conditio Uses. THE COUNCIL OF THE CITY OF INT P UL DOES ORDAIN: ec ion 1. That section 60.753 of the in Paul Legislative Code be and is hereby amended to read as follows: Principal uses permitted su j to special conditions. The following additional uses shall be pe mi ed subject to the conditions hereinafter imposed for each use and su je t to the standards specified for all special condition uses as s t or h in Section 60.754 and Section 64.300 (c�. All principal uses pe mi te subject to special conditions sha be reviewed and approved by th pla ning commission. Se tion 2. That section 60.754 of the ai t Paul Le islative Code be and is hereby amended to read as follows: Standards for principal us s bject to spe 'al conditions. Before the planning commission may gr nt approval of a incipal use subject to special condition, the com is ion shall find at the use meets the following standard: �}�_;be_�se-w��-�fe�+s�e-� e- ��s-�ease3-qea� ;-sa€e��r-a��-we��a�e� ��-�be-bse-w��-�e-�w-se� �� ase-w��q-�be-Sa��- a��-6e�p�eqeqs��e-R�ap 3(1Z The use will promote an enhance critical vi w corridors between the river and the ri er valley and surroundi bluffs as set forth in the Comprehensive P1 n. COUNCIL MEMBERS Requested by De t , Yeas Nays Dimond �ng [n Fa or ` c��t� scb;t�� Again t By s' Sonnen �� Wilson Form Ap ro ed by City At orney Adopted by Council: Date , Certified Passed by Council Secretary BY By Approved by Mayor: Date Ap by Mayor for Subm' s' o un�il By WHITE - CITY CLERK t PINK - FINANCE COIlI1C11 n CANARV - DEPARTMENT G I TY O A I NT PA U L (� BLUE -MAVOR File NO. ` J �� O� i dnce Ordinance N0. Present By Re rred To Committee: Date Out of ommittee By Date 44�- qe-e��ea�3-�esa��e�-ap�- p� qs��r-e�-�qe-�se-w��-�e-�p-s��s�ap��a� aese� -w��b-�be-6e��eqeAS��re R� q, �5�-�q �se-w��-ee��e�-w��b �b -a��sab�e-�eg��a��e�s-e€-�be—�AR�R� ��s��s� apd-��ve�-se��ef-e ef a�r-��s�f�s�-��a-wq�sq-�qe-�se-�s �esa�e�� 6�-�qe-�se w��-��e�r��e-adeq a� -��g�ess-ap�-eg�ess-�e-r��fl��a��e-��a€€�s seqges��e�-� -�be-��s-s��e �s ��-�qe-�se-w� �-�e�-s�ea�e-� �- e�d-�e-��ea�e-ap-e�sess��re-��sapse-�p �qe-a�ea: °• E8�-�Me-�se-w��e�-a��re�se� -a €es�-��=e�e�ty-�ra�bes, ,� . � r, ( } �� J Cl. on 3• That section 64.300 of e Sa'nt Paul Legislative Code be and is hereby amended as follows: (a) The planning commissi sh 11 review and approve all principal uses permitted subject to sp ia conditions, site plans, determinations of similar use, and other ma and cases as may by law be provided. The lannin commission shall h e the authorit to revoke an s ecial condition use permit. The p nnin commission may, y ru e, de egate to the planning administrator i s owe to review and approve all such matters and cases; provided ow ver, hat the planning commission shall not delegate its power to re ok an s cial condition use ermit or modify special conditions im os d upon y principal uses permitted subject to such special cond ti ns. COUNCIL MEMBERS � Yeas Nays Requested by Depar ent of: Dimond �� [n Fa or Goswitz Rettman B Scheibel Again t Y Sonnen Wilson Adopted by Council• Date Form Approved by City Attorn Certified Passed by Council Secretary BY By � Approved by Mayor: Date Approved by Mayor for Submission to��ouncil : By BY � ��- �"�� Members: Bill Wilson, chair GITY OF INT PAUL Tom Dimond ��"��1A � Kiki Sonnen OFFICE OF FI CITY COIINCIL Date: June 14, 198 WlLLIAM L. WILSON COCY� i ee Report RECEIVED MARK VOERDING Councilman Legislative Aide JUN 151989 To: Saint Paui City Coun I C17Y CLERK From : Housing and Eco o ic Development Committee Bill Wiison, Chair 1. Approval of Minutes MINUTES of the MAY 24, 1989, c ittee meeting were APPROVED. . ance amending Chapter 0 f the Legislative Code enacting zoning' "��, text changes pertaining to pe ial Condition Use Permits (C.F. 89-742) CONt�1ITTEE RECOMMENDED APPRO AL 3. Resolution stating intent t c nsider amendments to Chapter 61 of the Zoning Code to provide all et acks for buildings or other structures constructed adjacent to par a s or parks be the same as presently . mandated in residentially z ne districts and requesting the Planning Commission to consider sai a ndments and submit their recommendations and findings to the Mayor d ity Council (C.F, 89-774) COMMITTEE RECOMMENDED APPR VA . 4. Resolution approving actio b the Board of Appeals and Review taken February 14, 1989, for pro er y located at 436 Shepard Road, John Kerwin/Nicollet Restoratio , ppellant (C.F. 89-804) COMMITTEE REFERR.ED BACK TO CO CIL WITHOUT A RECOMMENDATION. (split vote) 5. Resolution reconstituting he Energy Park Development District (including the Twin City s 'ng Area). Advisory Board to consist of members as listed and req es ing the Mayor to submit appointments to positions (C.F. 89-843) COMMITTEE RECOMMENDED APP OV L OF SUBSTITUTE RESOLUTION. (attached) 6. Discussion of timeline fo E ergy Park modifications COMMITTEE RECOMMENDED APP OV L OF RESOLUTION PRESENTED AT MEETING. (attached) RECOMMENDED PUBLIC HEARIN D TE IS SET FOR JULY 25, 1989. CITY HALL SEV�NTH FLOOR SAINT PAUL, MINNESOTA 55102 612/298-4646 9�46 �0�-� ��°' e,�•**�P� CITY O AINT PAUL o� �M OFFIC O THE MAYOR ' {=i i t 1° : d +O A� ��.. 3 7 C TY HALL SAINT PA L, INNESOTA 55102 GEORGELATTMER ( 12 298-4323 MAYOR April 19, 1989 City Council President James Sch ib 1 and Members of the City Counc'1 Seventh Floor, City Hall Saint Paul, Minnesota 55102 Dear Council President Scheibel an City Councilmembers: In February 1988, the Planning o ission initiated a zoning study of community residential facilitie f r the purpose of amending the Zoning Code. During that study and the subse ue t review and public hearing, the Commission felt it opportune to also amend th zoning text related to all special condition uses. On March 31, 1989, the Planning Co ission unanimously adopted a resolution recommending the proposed text ha ges. However since these text changes describe two related but indepe de t issues, the Commission directed staff to bifurcate the amendments into t os pertaining to special condition uses and those pertaining to community r si ential facilities. The amendments which I am forwarding to you at this ti e re those relating to special condition uses. These proposed text changes est bl sh clear guidelines or standards by which all special condition uses will be reviewed. The standards would be used in addition to any conditions now ou d in the code by use. Additionally, new language is proposed which will es ablish procedures to allow the Planning Commission to revoke a permit er the permit holder has not established the use in a timely manner or has t et the conditions of the permit. I am pleased to transmit these am dments to you. Very truly yours, George Latimer Mayor GL:ws Attachment , � I 8�46 � � � 1��- ��a '��GITp Op �i 0 0 � CITY OF SAINT PAUL ,, ��;��,,, ,, DEPART E T OF PLANNING AND ECONOMIC DEVELOPMENT p� �� o' DIVISION OF PLANNING 25 West Fourth Street,Saint Paul,Minnesota 55102 �86� 612-22&3270 GEORGE LATIMER MAYOR M E 0 R A N D U M DATE: April 14, 1989 T0: Mayor George Latime FROM: Peggy Reichert, Dep ty Director for PlanningG��-- RE: Zoning Code Text Am n ents: General Standards f r pecial Condition Uses Attached for your review and tr ns ittal to the City Council are Zoning Code text amendments which establish ge eral standards for all uses now classified in the code as Special Conditio U es. These provisions provide explicit authority for the Planning Comm ss on to review conditional use development proposals against adopted city la s and policies, impact on the existing and potential development for the a ea and effect on traffic congestion. Now when the Commission uses criteria si il r to these, it is under the implied authority found in the site pla s andards in the Zoning Code. In addition to establishing cle r tandards for review of all conditional uses, the proposed amendments e ta lish a procedure by which the Planning Commission can revoke a Special Co dition Use Permit. Revocation would occur only if the development was not es ablished within a year of the permit or if, after a public hearing, it was ou d that the developer was not meeting the conditions of the permit. The Planning Commission reviewe t ese text amendments in the context of their review of zoning text changes f r ommunity residential facilities. They asked the staff to separate the tw sets of amendments so that it would be clear that the proposed general st ndards apply to all conditional uses. The resolution to adopt these amen en s was passed by a unanimous vote of the Planning Commission. PAR/ws cc: Ken Johnson Jan Gasterland . �� "`a ,� of saint paul anning commission resolut' �e number 89-19 �te March 31_ 19A9 COMMUNITY RESIDENTIAL FACILIT E 40-ACRE STUDY RECOMMENDATION WHEREAS , the Planning Commiss o is authorized under Minnesota Statutes Section 462 . 257 (5) a d ection 64 . 400 of the Saint Paul Legislative Code to initiate 4 -Acre Study for the purposes of amending the text of the Zoni g ode ; and WHEREAS , the Planning Commi si n of the City of Saint Paul on February 12 , 1988 , initiated a 40-Acre Study for the purpose of considering amendments to C ap ers 60 and 61 of the Saint Paul Legislative Code pertaining to community residential facilities ; and WHEREAS , the Planning Com i sion released proposed amendments related to the definiti n and regulation of residential facilities and standards o r view for special condition uses for public review on July 22 , 988 and held a public hearing on September 23 , 1988 , and WHEREAS , the Planning Com ission , in accordance with state statutes , has determined: 1 . That the number of e estate descriptions affected by the amendment render he obtaining of written consent impractical ; 2 . That a citywide s ud of community residential facilities has been made ; 3 . That the propose endments are related to the overall needs of the com n' ty, to existing land use , and to plans for future land u e ; and 4 . That proper noti e f the hearing was given in the Pioneer Press and Dispat h n September 2 , 9 and 16 , 1988 ; m�VGV � ZI ;�«'�d �/ REP E �, in fav�or Un—S � against— . � ��_ 7�� NOW , THEREFORE , BE IT RE 0 ED , that the Planning Commission recommends approval of the Zo ing Code amendments attached hereto proposing new definitions nd regulations for a range of residential facility type nd new general standards of review for special condition u es , and directs the Planning Administrator to forward h study and this resolution to the Mayor and City Council for th ir review and action. . �� . T F REPORT STAFF INVESTIGATION BY: Donna Dat ko GENERAL STANDARDS FOR SPECIAL CO I ON USES I. Background The Zoning Code states in Sectio 6 .226 (3) that Special Condition Uses are uses that "could not be convenie tl allocated to one zone or another, or the effects of such uses could not b d finitely foreseen as of a given time." Consequently, such uses are perm tt d in a zoning district only after review and approval by the Planning Co is ion. For the most part, the Zoning Co e ot only lists the uses which need Planning Commission review and approval, t lso lists the conditions by which such uses are permitted in a specific di trict. For example, used car sales lots are permitted in a B-3 general b si ess zone if the lot is paved, if access for the site is controlled and i n repair or refinishing is done on the lot. Fast-food restaurants must meet 1 onditions and car washes must meet two conditions. On the other hand, p anned shopping center or a telephone exchange building are also list uses requiring special review and approval yet no conditions are p ed for review. The City Attorney's office has ta ed that if a proposed use meets the conditions of the code then the e s no basis for denial of a permit. That means that when a proposal meet t e two, three or 11 conditions listed in the code for that use, a permit sho ld be granted. The current language of the Zoning Code does not give the P an ing Commission the expressed authority to weigh factors such as the relat on hip between the existing uses and proposed use, whether or not a proposed se conforms to the specific plan for the area or, the impact a proposed use m y ave on subsequent development in the zoning _ district. When these types of ac ors are considered by the Commission in a review for a Special Condition se Permit, it is under the 'implied authority found in the site plan review 1 n age of the code, Section 62.108 (c) . The general standards text amen e ts which follow would establish such standards as listed above and ul clearly delineate the guidelines for review of special condition use . More clarity would be beneficial for the Commission, for the applicant nt ng a permit and for any other interested person as these standards woul a ly to �1 uses which require Commission review and approval. II. Other Provisions In addition to establishing ge er 1 standards for special condition uses, the proposed text amendtnents also st lishes the Planning Commission's suthority to revoke a permit in one of t o ays: (1) if action to establish the permitted use does not occur w th n one year of the permit being .granted, the permit becomes null and void, nd (2) if the �oning Administrator notifies the Commission that a permit holde i not meeting the conditions of his permit, the Commission may revoke the e it after holding a public hearing. The revocation of a permit may be pp aled to the City Council. . . . ��_��a III. Zoning Te:t Changes The text amendments begin with th R ver Corridor section of [he code because in that section are now found st da ds which are in part, duplicated by the new general standards which appl t a11 conditional uses. The standard which relates to maintaining bluff vi the River Corridor wi11 remain in the text in its present Zocation whi e e other standards are dele[ed. River Corridor 60.753, 60.763 and 60.773 Princi al uses permitted sub3ect to special conditions. The following ad itional uses shall be permitted subject to the conditions hereinafter i osed for each use and sub3ect to the standards specified for a s ecial condition uses as set forth in Section 60.754 and Sec o 300 c . All principal uses permitted subject to special condit on shall be reviewed and approved by the planning commission. 60.754. Standards for principal us s subject to special conditions. Before the planning commission m y rant approval of a principal use subject to special condition, the co i sion shall find that the use meets the following standard: E��-�ke-xse-W��-g�eae�e- he gnb��e-geaee;-l�ea��k;-sa€e�y-asd-We�€a�e: E��-�ke-xse-w��-be-#a-e g� anee-wf�l�-�ke-SafaE-Pax�-6eag�ekeas�ve-P�aR (31) The use will promo d enhance critical view corridors between the river and the iv valley and surrounding bluffs as set forth in the Comprehensi e lan. E4�-�ke-ex�ea�;-�eea�#ea aa -fa�eRS#�y-e€-�ke-�se-Wi��_be-�.a-s�bs�as��a� seee�d-v��k-�tte-6e � keYts�ve-P�aa: E��-�ke-t�se-w��-eea€ex� W# 1�-�ke-app��eab�e-�egti�a��eas-e€-�ke-$esiag d�s��e�-aad-��ve� ee r�de�-eve��ay-�is��e�-ia-Wk�ek-�ke-tise-}s �eea�ed: E6�-�ke-t�se-Wi}�-g�evide ad qtia�e-iag�ess-aad-eg�ess-�e-ffiia�ffi�.�e-��a€€�e eexges�iea-�a-�ke- tib ie-s��ee�s: E��_�e_xge_W}��_Ae�-e� �e ae�-�esd-�e-e�ea�e-aa-exeessive-at��saaee-�a �ke-a�ea: f8�-�ke-�se-w��-se�-ad e� e�y-a€€ee�-��e�e��y-va�t�es: Language is added to give the PI ing Co�ission the authority to revoke a Special Condition Use Permit n ertain cases. 64.300. Planning commission d lanning administrator approval. (a) The Planning Commissio s ll review and approve all principal uses permitted sub�ect to s ec al conditions, site plans, determinations of similar use, and other ma ters and cases as may by law be provided. The Piannin Commiss n h 11 ve t e authorit to revoke an s ecial condition use permit. e Planning Commission may, by rule, delegate to - 2 - . . �� the planning administrator ts power to review and approve all such matters and cases; provided ho ever, that the Planning Commission shall not delegate its power to vo e ecia ond t on t or modify special conditions i o ed upon any principal uses permitted subject to such special con it ons. (b) The Planning Commission, or pl nning administrator where delegated, shall investigate the cire st nces of each such case before granting an approval or revoki a s ec 1 condit on use ermit. When authority has not been delegated to the p a ing administrator, the Planning Commission shall make no de is on until after a public hearing has been conducted by the Planning C mm ssion or the zoning committee of the Planning Commission. The P a ing Commission or zoning committee shall send notice of the time and pl ce of any hearing to all parties who may in its opinion be affected y ts decision, which shall in all cases include all owners of recor o property within three hundred fifty (350) feet of premises in q es ion. Such notices shall be delivered personally or by mail addre se to the respective owners at the address given in the most current R s y County property taxation records. The following text contains the s an ards by which a11 applications for Special Condition Use Permits wil b reviewed. � Be e e P Co ss n nt oval o rin 1 u e sub ect to s cia o dit o s C ss sha d t a • e xte t o ation an i tensit t e us wil b i substantial com nce with e Saint u m rehe s ve Plan and n a 1'cab e subare a s which were a ro d t e c t ouncil 2 The use will rovide ad u te in ress and e ress to minimize traffic con estion in the ublic st ee 3 The use will not be det im nta to the existin character of the develo ment in the immediat n i hborhood or endan er the ubl'c health safet and enera welfa e 4 use wil ot im ede no al and ord 1 deve o ment and i rov ment of the surroun n ro ert or use rmitte 'n the district. 5 e se shall 'n 11 e s ects con orm to the a licable re �ti ns o the di tric w ch is c ted - 3 - � • ��q_��'a. The following language defines wh n d by what procedures the Planning Commission �y revoke a Special C nd tion Use Permit. : � � a ' an ca w e e a r c e b c o ecia ond t n has w f t en w t out urt er act o co 0 or the o nci t e o dit o al use uth b u d void• onin adm nist a r ha not e co s o en a cial co d t n u e i t i co a e wit n o o s sed o uc e co ss o at u o win ot ce to the o o ub ect t nd ad a t t 64 00 0 de ina n t t o i on im o ed u on th e al e e it r not b c 1 ed w ev t e s e o e it and e ui e that uc e i o Ek�sj„Z The grant or denial of a pr val, or revocation of a special condition use permit by the plannin c mmission is sub�ect to appeal to the city council in accordance wit S ction 64.206. The following text establishes th authority to charge fees for Special � Condition Use Permits which mu t e reviewed annually. At this time no zoning permits are subject to annual ev ew, but proposed Ianguage for such a review is included in the Community R si ential Facilities 40 Acre Study. � A fee to be esta lished esolution of t c t council shall be sid to th zonin ection of th la 'n division b all holders of s ecial cond" ion use e its w 'ch are sub e t to an ual vi w Fees shall be "d he it h d t t' e ot of th ev w e to the rm d r e o on ma r vide o w v r d of u h fee u e s ec ic cum t nc s Rename ect ns to o to to t i - 4 - . ��,-�� c�ty of sair,t p�ul commssion r f� ��' 89-19 �te �ia �h 31_ 19A9 __— COMMUNITY RESIDENTIAL FACI I IES 40-ACRE STUDY RECOMMENDATION WHEREAS , the Planning Comm ss ' on is authorized under Minnesota Statutes Section 462 . 257 (5) a d Section 64 . 400 of the Saint Paul Legislative Code to initiat 40-Acre Study for the purposes of amending the text of the Zo in Code ; and WHEREAS , the Planning Com s ion of the City of Saint Paul on February 12 . 1988 , initiat d 40-Acre Study for the purpose of considering amendments to h ters 60 and 61 of the Saint Paul Legislative Code pertainin t community residential facilities ; and WHEREAS , the Planning Co i sion released proposed aaendnents related to the definition and regulation of residential facilities and standards of r view for special condition uses for public review on July 22 988 and held a public hearing on September 23 , 1988 , and WHEREAS , the Planning C mm ssion , in accordance with state statutes , has determined : 1 . That the number of real estate descriptions affected by the amend�ent renders th obtaining of written consent imrrac�:ca'_ ; 2 . Tha� a citywide stu y f community residential facilities has been made ; _ 3 . That the proposed a e dments aze related to the overall needs of the conmuni y, to existing land use . and to plans for future land use ; an 4 . That proper notice o he hearing was given in the Pioneer Press and Dispatch o S ptember 2 , 9 and 16 , 1988 ; �� t'�/ Z I EMAN ...� L+�� t'�/ REPKE �7GiL •••> in f�v�or Un�.�=IDO=s agait�.st— NOW , THEREFORE , BE IT RES LV D , that the Planning Comaission recommends approval of the Z n ng Code amendments attached hereto proposing new definitions a d regulations for a range of residential facility types an new general standards of review for special condition s s , and directs the Planning Administrator to forward t e study and this resolution to the Mayor and City Council for e r review and action. TAFF BEYOST STAFF INVESTIGATION BY: Donna at ko GENERAL STANDARDS FOR SPECIAL O ITION USES I. Backgrouad The Zoning Code states in Sec io 60.226 (3) that Special Condition Uses are uses that "could not be conve ie tly allocated to one zone or another, or the effects of such uses could no b definitely foreseen as of a given time." Consequently, such uses are p rm tted in a zoning district only after review and approval by the Planning o ission. For the most part� the 2oning Co e not only lists the uses which need Planning Commission review and approva , t also lists the conditions by which such uses are peraitted in a speci ic district. For exa�ple� used car sales lots are peraitted in a B-3 genera b iness aone if the lot is paved� if access for the site is controlled i no repair or refinishing is done on the lot. Fast-food restaurants must ae t 1 conditions and car washes must meet two conditions. On the other ha , plaiuzed shopping center or a telephone exchange building are also li te as uses requiring special review and approval yet no conditions a i posed for review. The City Attorney's office h s ated that if a proposed use meets the conditions of the code then er is no basis for denial of a permit. That means that when a proposal m ts the two. three or 11 conditions listed in the code for that use, a permit o d be granted. The current language of the Zoning Code does not give th P nning Commission the expressed authority to weigh factors such as the re at' nship between the existing uses and proposed use, whether or not a propos d se conforms to the specific plan for the area or, the impact a proposed us y have on subsequent development in the zoning district. When these types f actors are considered by the Comuission in a review for a Special Conditi n se Permit, it is under the imolied authority found in the site plan revie 1 nguage of the code, Section 62.108 (c) . The general standards text n nts which follow would establish such standards as listed above an w uld clearlq delineate the guidelines for review of special condition e . More clarity would be beneficial for the Commission, for the applican w nting a permit and for any other interested person as these standards vo ld apply to � uses which require C�ission review and approval. II. Other Pravisions In addition to establishing en ral standards for special condition uses, the proposed text amendaents als e tablishes the Planning Commission's authority to revoke a permit in one o tw ways: (1) if action to establish the permitted use does not occur wi hin one year of the permit being granted, the permit becomes null and voi , a d (2) if the Zoning Adiministrator notifies the Commission that a permit ho er is, not neeting the conditions of his permit, the Commission may revoke t p rmit after holding a public hearing. The revocation of a pernit may pealed to the City Council. III. Zoning Tsst Changas The tex[ amendments begin With th Ri er Corridor section of the code because in ths[ section sre now found s[ a s which are in part, duplicated by [he new general standards which epply to 11 condit�onal uses. The standard which relates [o mainteining bluff view in the River Corridor wi11 re�ain in the text in its present location whil th other stendards are deleted. River Conidor 60.753. 60.763 and 60.773 Princip 1 es pezmitted snbject to special conditions. The following dd tional uses shall be peraitted subject to the conditions hereinafter p ed for each use and subject to the standards specified for all sp ial condition uses as set forth in Section 60.754 d e t o 4 All principal uses permitted subject to special conditio s all be reviewed and appraved by the planning commission. 60.754. Standards for principal u es subject to apecial conditions. Before the planning commission aay gr t approval of a principal use sub�ect to . speci8l condition, the conm ss on shall find that the use seets the following standard: f��-�'F�e-xae-�+��l-g�ssa�e-�h -p ��e-peaee;-t�ea�Eh;-sa€eEy-an�-t�e�€a�e: E2�-�he-nse-w��-be-�s-eamp ia ee-Wf�k-�l�e-Sair��-Yatx�-6sa�rel�ensfve-P�ea (3�) The use will promote nd enhance critical view corridors between the river and the riv r alley and surrounding bluffs as set forth in the Comprehensive la . f4�-Tke-ex�ea�;-�eea��ea-aa -� �eas��y-e€-�ke-xse-Wf��-be-#R-sxbsEaa��al aeeeFd-w��k-�t�e-6emp� �e s�ve-P�aA: E3�-Tke-t�se-w��-eea€e�-Wi k- l�e-app��eab�e-�e�x�a��eas-af-�ke-geaiag disE��e�-aAd-�iver-ee �i e�-eve��ay-dis�fieE-�a-wi�ie�-�ke-�se-is �eea�ed: E6�-�e-xse-w#��-p�evide-a� q� Ee-iag�ess-aAd-eg�ess-�e-aia��$e-��a€€�e eeages�ieA-ia-�ke-gxb ie s��ee�s: E��_�e_�3e_W�}}_Ae�-e�ea�e ae -Eead-�e-e�eaEe-as-exeessive-axisaaee-�s �ke-a�ea: f8�-�he-nse-w�}}-ae�-adve�s �y a€€ee�-p�ege��y-va�xes: Language is added to g�ve the P1 i g Co�ission the authority to revoke a Special Condition Use Permit in c rt in cases. 64.300. Pla�ing commia�ion and p a ing administrator appraval. (a) The Planning Co�ission sha 1 eview and approve all princfpal uses permitted subject to specia c nditions, site p2ans, deter�inations of similar use, and other matt rs and cases as maq bq law be provided. 'tie o sonshl hvete uto o evkea ec condition use permit. The P a ing Commission say� by rule� delegate to - 2 - the planning adainistrator ts power to review and approve all such aatters and cases; provide ho ever� that the Plaiuting Cosmission shall not delegate its power to v uodify special conditions i o ed upon any principal uses permitted subject to such special co it ons. (b) The Planning Commission, or pl nning administrator where delegated, shall investigate the cire st nces of each such case before granting an approval evo u When authority has not been delegated to the p a ing adninistrator, the Planning Commission shall make no de is on until after a public hearing has been conducted by the Planning C mm ssion or the zoning committee of the Planning Commission. The P a ing Coamission or zoning committee shall send notice of the tine and pI ce of any hearing to all parties who may in its opinion be affected y ts decision, which shall in all cases include all owners of recor o property within three hundred fifty (350) feet of premises in q es ion. Such notices shall be delivered personally or by mail addre se to the respective owners at the address given in the most current R s y County property taxation records. ' The following teat contains the s ar: ards by which a1I epplicatfons for ' Speciel Condit�on Use Permits wil b revfewed. , � eoe v luse b ect o s ecia o s o t• xte t tens he s w n ubsta tia co 1 nce w t t e C v a cab e ub e ns w ich we ro e t 2 The use will rovide ad u te i ess and e ress to inimize traffic con estion in the ubli st ee s 3 The use wil not be et im ntal to the existin cha acter of the deve o ment i t e 'mm d' t i hborh od o endan e ubl' health � safetv and �eneral welfare. . 4 e w o 1 v t and v t o 0 o e the district. 5 e sha a 1 o es e ts co 0 1 cable o t d t � > The following language deffnes w en and b� ahat procedures the Pl:r:ning Commission may revoke a Special on it�on Dse Perai�. � v n c c e ub ect to e a s w e w h 0 void- e o n ti the comm's 'o w e ' 1 co d o us t o o he o d o u t u w d ot 4 osed e w e d b e fh�� The grant or deaial of ap ro al, or revocation of a snecial condition use �ermit by the planning co issian is sub�ect to appeal to the city council in accordance with Se tion 64.206. The foZlowing text establishes t e uthority to charge fees for Special Condition Use Permits which must be revie�red snnually. At this time no zoning permits are subject to annual re i , bv[ proposed language for such a review is included in the Co�.mity Res de tial Facilities 40 Acre Study. � A fee to be establis ed b e o ut on of t e ci=v council shall be aid to the zonin ection of t e la 'n division �v all holders of s ecial co d us wh'c a s to nnua revi w Fees shall be d o der o e o t e rev' w e to c de o w v e f c c t Rename o 0 — 4 — s ' � � �.�� ,�.. , NOTtCE 6F PU gAR,ING ` Notice is hereb , �' y given that a publi h 'ag v�•iti be held befare the;City Council on the 23th da of Jul , 1989 a S: a'cIbek A.M. in th� City �ounci2 Chambers om t oor o Y , 'c � ez pkraPr�s�d amenciments to the St.Paul Zoning Ordinance,Sections 60 a 84 f the St.Paul Legislative Code as they relate to Zoning Text changes pertai ing a Special Condition Use Permits: At said time and place the Council will h r a persons relative to this proposal. Dated June 23, 1989. ALBERT B.OL501V,City Clerk (July l;. 989 . � ' - `f, ... ' -_ � _ _ L - ' �iF _ _v��::-. 4 .rF ... ._ . ..� . .. �.� . '"�-'. � �� .:. _: _ � } ".'�I.0 '1`1 _ S { _ L - ,. V - : s �:. f � i s' :. .. ; .,, 4 . ' .a ., � . - �,. •a � -_ _ .. _._ _. , . : - ,"NVS' �.. :. ._ . ,,. _; . . a; . _ . . ._;.� �.r �-. . .i k - .._.-:� .:. .:. . yl«: s-t,. '- � • _._ _.. _ - -i,� Y'+ �S t •f .`� t' �'• . . ..... ..".... -_.. �� i v�. � � a ' �Zr,� �o -- l�',,.�� _ g _ i� 3rd � —� Ado � � _"_"-- / pted =� � �� , � �� —� s �� Yeas � — � � � �-- - � �aY � t � s � ..,� DR W � :� � K - '' � t %1 - � IC SIA � . E �� _ ;; T �j - - � I7��S�' ; F � � sc Ez EL . • _'� • 4ti: �' � S ;,T1T �j ' ,. �_ �i W LS :i ; _ . � � z� � � - . �.�'SIDENT: • � sc�--� r - ; ` _ j - > _ : .—,—_. �- _ � ,� _ ' - _ � - - - �z � - 1 _ - � ts ' _ - - - - _ .. .. .--_ .. . . _ . . . ; .. ,;. ' . _ _ ,. , � . ; >...- � . .... ,.7 ' ' .3 - ... _. . , ... : , _ . . , . �. ': :,: ' . .:I ,.: - . �. ..•� . ••. . ,. p'... '::',_ ��:.. �:: , -.�� .:. ��,� . . �:: ...": ... � . .. � - .. . �. . ... ..< _.. . -.. :: _ .,. I r _ - . . qcc_.>.:rx . ..:.�,��ys":.*.,^oai+.��dc',��hi+.'�= ... .s..».�.Cwrwt.... . �. . .. . .... . .. r�•a,f•s�.a.' a... ,, v� " ... h, WMITE - CI.TV CLERK PINK . - FINANCE CANARY�'=-DEPARTMENT GITY OF INT PAUL COUIICI BLVE -MAVOR File NO. t • l� �_. _ O� i ance Ordinance N0. Presented B �� Referred To � Committee: Date � a`� Out of Committee By Date 1 An ordinance amending Chapter 70 f the Saint Paul Legislative Code to facilitate the appointment of inembe s f the Board of Examiners for Certificate of Competency holders by allowing m st r certificate holders licensed as con- tractors within the City of Saint P ul to be allowed to serve on the Board whether or not they are mechanicai ng eers. THE COUNCIL OF THE CITY OF SAINT PA L OES ORDAIN: S ct'on 1. That Chapter 370, Section 370. 6 titled "Board of Examiners" be amended as follows: 370.06. Board of examiners. Subd. (1) FUEL BURNER INSTALL RS This b�r�o�hall be composed of the building official or his desig ee as chair and four (4) appointive members, of whom eae-s�e��-�e- -� g�9�e�e�-a�ee�en}ee�-e�g��ee�, one shall be a qualified representative f he gas utility, e�e two shall be e master gas e� and oil burner i st llers holding e Class A certificates of competency, and one shall b a journeyman gas e� and oil burner installer holding a certificate of compe en y. Subd. (2) LATHERS AND PLASTER RS Unchanged. Subd. (3) PLUMBERS. Unchange . Subd. (4) REFRIGERATION EQUIP EN INSTALLERS. T�Sl��ard shall be composed of the building official or hi d signee as chair and four (4) appointive members, of whom two (2) shall be �eg�s�e�e�-aiee�e��ee�-er�g�nee�s;-eae s�e��-�e-a refrigeration equip en contractors licensed under Chapter 369 and holding the requisite Clas A certificates of competency, and eae two shall be e journeyman refriger ti n equipment installers holding e certi- ficates of competency. — COUNCIL MEMBERS Yeas Nays Requested by Department of: CO NITY SERVIC S Dimond �� [n Favor Goswitz Rettman �he;n�� Against By Sonnen Wilson Form ed by Cit Att Adopted by Council: Date � Certified Passed by Council Secretary BY � y/7 �� By Approved by Mayor: Date Appr d y Mayor for S w By