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276582 Y"�itTr - CITY CLERK (1 �K �c � FINANCE COI111C11 h ARY - DEPARTMENT G I�TY O F SA I NT PA U L ��j5�, �/ �LUE - MAYOR . F1I@ N O. • / in�znce Ordinance N 0. � �D��IO � Presented By Referred To Committee: Date Out of Committee By Date An Ordinance amending Chapter 60 of the St. Paul Legislative Code pertaining to zoning for the Gity of Saint Paul and the zoning maps thereof. WHEREAS, Pursuant to Minnesota Statutes, §462 .357 and §64 .210 of the Legislative Code, McDanald' s Corporation duly petitioned to rezone the westerly 5 feet of Lot l, and all of Lots 2, 3, 4, 29, 30, 31 and 32, C. W. Youngman's Rearrangement of Block 2, Palisade Addition to St. Paul, and that part of Lots l, 2, 3 and 4, Block 7, �,'��'Palisade Addition to Saint Paul lying northerly of the right of way of the Chicago, Milwaukee, St. Paul and Pacific Railroad, together witzh that part of vacated streets and alleys which accrue thereto by��reason of said vacation, located on the southwest intersection of W. 7th and Madison Avenue, from B-2, P-1 and R-4 to B-3, for the purpose of building a fast food restaurant on the site, the petition having been certified by the Department of Finance and Management Services on November 24, 1980 as having been consented to by at least 67� of the owners of the area of the property to be rezoned, and further, having been consented to by at least two- thirds of the owners of the property situated within 100 feet of the total contiguous descriptions of real estate held by the same owner or any party purchasing any such contiguous property within one year preceding the date of the petition; and WHEREAS, The current planning committee on January 22, l��l conducted a public hearing for the purpose of considering the rezoning petition, and, pursuant to Section 107 . 03 of the Admini- strative Code, submitted its recommendation to the Planning Co�nmission that the petition be granted; and WI3EREAS, The Planning Commission considered the rezoning petition at its meeting held on January 23, 1981 and recommended that the City Council approve the petition; and COUIVCILMEIV Requested by Department of: Yeas Nays Hunt Levine In Favor Maddox McMahon snowaite� Against BY Tedesco wlson Adopted by Council: Date Form Approved b C ty t orne Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved by yor or Submission to Council By BY WHITE - CITY CLERK p�./� �^(-A) PIlVK - - FINANCE COUIICII � /S�Vl. �4NARY - DEPARTMENT G I TY O F SA I N T PA U L r�v � +'�� LUE - MAYOR File N O. � Ordin�nce Ordinance N0. �(o ���L_ Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, Notice of a public hearing before the City Council on the said rezoning petition was duly published in the official newspaper of the City on February 7, 1981 and notices were duly mailed to each owner of affected property and property situated wholly or partly within 350 feet of the property sought to be rezoned; and WHEREAS, A public hearing before the City Council, having been conducted on February 24 and March 10, 1981 where all interested persons were heard, and the Council having considered all the facts and recommendations concerning the petition; now, therefore, THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That the zoning map of the City of Saint Paul, Sheet No. 42, as incorparated by reference in Section 60.401 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: That property located on the southwest intersection of W. 7th and Madison Avenue, being more particularly described as the westerly 5 feet of Lot 1, and all of Lots 2, 3, 4, 29, 30, 31 and 32, C. W. Youngman's Rearrangement of Block 2, Palisade Addition to St. Paul, and that part of Lots l, 2, 3 and 4, Block 7, Palisade Addition to Saint Paul lying northerly of the right of way of the Chicago, Milwaukee, St. Paul and Pacific Railroad, together with that part of vacated streets and alleys which accrue thereto by reason of said vacation, be and is hereby rezoned from B-2, P-1 and R-4 to B-3. -2- COUNCILMEIV Requested by Department of: Yeas Nays Hunt Levine In F3V0[ Maddox McMahon Showalter A gai n s t BY Tedesco wlson Form Approved by it o e Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved by Ma r for Submission to Council By BY WHITE - CITY CLERK (� PIWK � - FINANCE C011CICll ����J�� BLUERY - MAYORMENT GITY OF SAINT PALTL �,� File N 0. O�WZ/G�/`CG Ordinance NO. /�� Presented By Referred To Committee: Date Out of Committee By Date Section 2 . This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. -3- COUIVCtLMEIV Yeas Nays Requested by Department of: Hunt � '�"°'�' In Favor Maddox McMahon Showalter _�_ Against BY Tedesco/ WilsorV- Adopted by Council: Date APR 1 �lOoT_ Form Approved ity orn Certified Pa e y Council retary BY By Appro Mayor: Dat APR �. 6 �981 Approved by yor for Submission to ouncii By BY UBUSHED AP R 2 5 �981 ����� �`�t=• �. CITY OF SAINT PAUL 9 R� 7 o a DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT muium , �; nu �� ; '° " DIVISION OF PLANNING ��`r iss• 25 West Fourth Street,Saint Paul,Minnesota,55102 GEORGE LATIMER C/'�.+' 612-298-4151 MAYOR �,� �. March 9, 1981 A1 Olson, City Clerk 386 City Hall St. Paul , MN 55102 Re: Zoning File #8782 - P1cDonald's Corp. Public Hearing, March 10, 1981 Dear Sir: In regard to the petition of the McDonald's Corporation for rezoning of a site at West 7th Street and St. Paul Avenue, the Planning Commission con- ducted a public hearing before its Zoning Comnittee on January 22, 1981 . The McDonald's Corporation has requested a rezoning of part of their property from R-4 and P-1 to B-3 to allow construction of a McDonald's fast food restaurant. The company also was before the Zoning Committee to hear their reques-c for a special condition use permit for the fast food restaurant. As you know, the case also involves a street and alley vacation and the paving and sewering of Madison Si:reet. As staff, I recommend approval� of the rezoning and of the special condition use permit with the condition that the sewer and paving of Madison and traffic access from LJest 7th Street be resolved before City Council takes final action on the rezoning. The Zoning Committee by a vote of 6-0 recommended approval of the rezoning with those conditions. The committee also attached those conditions to their approval of the Special Condition Use Permit by a vote of 6-0. The committee added a third condition requiring the final site plan to be referred to them for final approval . At their January 23, 1981 meeting, the Planning Commission concurred in this action by a vote of 16-0. The matter is before the City Council for a public hearing at their March 10, 1981 meeting. Sincerely, ephen rochala Senior Planner �O _.�• " 8�a2-- ZONING STAFF REPORT �;���''Ra 9650, 764 v , a..D'•.. �� —$ � t . APPIICANT : MCDOfJALD' S CORPORATION DATE OF HEARING 1/�81_ •� C L A S S [ F I C A T I 0 N . . . . . . . . . . . . . . . � . . . . . . . . . . . . . . . CURIZFNT PLANNING R ZONING COMMITTEE BOARD OF ZONING APPEALS Rezoning C� Variance ❑ SpE�c:ial Condition Use LJ Administrative Review a Detcrmination of Similar Use ❑ Other__ ___ Chanqe of Nonconforming Use Q �t.h e r ________—_, s. l (1CATION: 2322-2334 W. 7th Street. �t. LEGAL DESCRIPTION: See file. 5. F'f�FSENT ZONING: B-2, P-1 & R-4 ZONING CODE REFEREPdCE: Section 60.500 & 60.503 G. Sf111F INVESTIGATION & REPORT: DATE ��12/g�_____ BY Stephen Grochala _ A. SUFFICIENCY : The application was filed on a consent petition, subscribed and sworn , to before a notary public September 30, 1980, declared sufficient by the Finance Department on November 24, 1980, and received in the Planning Division Office November 26, 1980. Fifteen parcels were eliqible; ten required; and eleven were obtained. B. PURPOSE: The applicant is requesting to rezone from P-1 , B-2 and R-4 to �-3 to combine with the B-3 zone alonn l�J. 7th anci is requesting a special condition use permit in order to build a P�cDonald's Fast Food Restaurant on the site. C. SITE & AREA CONDITIONS: The property is an irregularly shaped parcel generally along the southwest intersection of l�J. 7th and Madison Avenue. The site is approximately 53,400 square feet. The site is bordered on the south arid southwest by vacant property and railroad right of way. To the east across P�adison is an R-4 residence district. Land uses along ��J. 7th comprise B-3 zoned properties with a mixture of commercial , residential and in industrial uses . D. HISTORY : In February,l963, f�1cDonald's Corporation applied to operate a fast food restaurant on Lots 4 through 7, Block 12, Youngman's Rearr. The 6oard of Zoning recommended approval at their February 7, 1963 meeting. The Traffic Engineer requested a short delay to allow further discussion of traffic movement on W. 7th Street. The applicant withdrew the application on March 21 , 1963 to study moving the restaurant site further east toward Madison. ' In August, 1970, Rehnberg Realty Company applied for permission to build a bank building and parking lot on Lots 5, 6, 7 & 8 of the 3rd. Addition. The Board of Zoning recommended approval of the permit. The permit was granted by the City Council on October 24, 1970. However, the bank was never built. In May,1974, McDonald's,Corporation applied for permission to build a fast food restaurant and parking lot on Lots l , 2., 3, 4, 29, 30 & 31 of Block 2. The Traffic Engineer objected �to this plan because: a) access was from residential streets in violation of Ordinance No. 15357; b) the access to Benson Street would require city action to improve the ungraded roadway; and c) the plan generally had poor circulation of traffic. Police also objected to the traffic circulation problems. On June 17, 1974, the applicant requested withdrawal of the application, due to the delays and conditions beyond their control . In June, 1974, the Winchell Donut Corporation requested a permit to allow construction of a parking lot on Lots 5, 6, 7 & 8. The Traffic Engineer raised objections con- cerning the traffic movement at the intersection of 6�J. 7th and St. Paul Avenue. The ob,jections were removed after agreement was reached to aliqn the driveway with St. Paul Avenue and to rearrange the signals at the intersection to allow movement of cars from the Winchell ' s lot. This building has since been built. Winchell 's contributed to the cost of revising the signals at St. Paul Avenue. In 1975, the new Zoning Ordinance placed the W. 7th Street frontage in a B-3 zone. The rear of the property was placed partially in a P-1 and a-2 zone; one lot on Benson and Madison was rezoned R-4 because a house had been located on the site in 1975. E. FINDINGS: l . The St. Paul Land Use Plan identifies the site as a portion of a mixed use commercial strip along lJ. 7th Street. �� � � ����� MCDONALD'S CORPORATION (#8782) STAFF REPORT Page 2 E. FINDINGS CONT' D. 2. The Oistrict 15 District Plan makes no specific recommendation regarding this site. 3. The area along Benson has never been developed. Its present zoning of B-2 and P-1 was to facilitate earlier development proposals . 4. The area presently lacks paved streets and adequate storm water, sewer connections. McDonald's has tentatively agreed to fund necessary sewer and street improvements along with other non-single family property owners along Madison Avenue. 5. The traffic access problems to bJ. 7th Street still remain. Public Works has indicated that it will not approve the proposed site plan unless the entrance and exit drives are located on 6d. 7th and synchronized with the St. Paul Avenue and W. 7th traffic signals. McDonald's Corporation is pursuing an agreement with the Winchell Donut Corporation to revise the driveways of the two businesses and to revise the signals to create one drive from both businesses onto W. 7th Street. 6. The McDonald's Corporation preliminary site plan indicates that the special conditions required of fast food restaurants in Section 60.503(d) of the Zoning Ordinance will be met if primary access and exits are onto W. 7th Street. F. STAFF ANALYSIS: The proposed use and expansion of B-3 zoning to the south is consistent with the City's Comprehensive Plan. However, the sewer, paving and access problems make the site a problem for development. Lack of development in the past, in spite of Zoning Board approval , indicates those problems. Resolution of the traffic, paving and sewer problems should be a requirement of approval for development of the site. P�cDonald's Corporation is making arrange- ments now to meet those requirements. `� �" G. STAFF RECOP1MEPJDATIOP�: (1 ) Based on fi ndi ngs 1 �liroug�i 5, staff recommends approval of the rezoning sub7ect to the conditions that the sewer, paving and W. 7th /�""��<«�� Street traffic access be resolved before City Council takes final action on the rezoning. (2) Based on finding 6, staff recommends approval of the special condition use permit for a fast food restaurant at this site for McDonald's , subject to the same conditions regarding sewer, paving and access to W. 7th Street. • . • r ��,{��� ' 1 . CITY OF SAINT PAUL DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES DIVISION OF ASSESSMENTS AND VALUATIONS + November 24, 1980 To the Council City of St. Paul I have checked the attached petition of Mc Donald's Corp filed in the matter of rezoning the following described property from B2, R1 and R4 districts to a B3 district, and find that said petition is sufficient. Westerly 5 feet of Lot 1 and all of Lots 2 - 4 and 29 - 3L of C. W. Youngman's Rearrangement of Block 2, Palisade Addition; that part of Lots 1 - 4, Block 7, Palisade Addition lying Northerly of the Chicago, Milwaukee, St. Paul and Pacific Railroad right-of-way; and proposed vacated street and alley adjacent thereto, Yours very truly �`; ��`'°� c `� . W. Donovan Valuation & Assessment Engineer 6 ' ~ Re: X 2698 cc: Building Department Zoning Board File J. W. Donovan Parcels Eligible 15 Parcels Needed 10 Parcells Signed 11 JWD:VP,dal 4 s.-5 ly » ,g��.,� n.��c r �ia �,�1l==-- � ' � - �„_,___....� �— -^�-� . -' . --'."'T_ 218 City Hall , Saint Pau I , Minnesota 55102 � x � � � � y��� . :,;,,.�°,^i�� � CITY OF SAINT PAUL _0��tT* ���;% ;; ;'-, OFFICE OF THE CITY CLER�C :e �; ;,� {ii�ii�ii c� \ . ,, � _ � � I` '' � BUREAU OF RECORDS ���; . '`'a, �..• 386 City Hall,Saint Paui,Minnesota 55102 '"lmm��...�°�\� 612-298-4231 GEORGE LATIMER MAYOR November l3, 1980 Mr. Paul Desch Department of Finance Room 218, City Hall Dear Sir: The Council referred to the Finance Department for check as to form and sufficiency, the attached petition of MeDonald's Corp. to rezone property at W. Seventh and Ma.dison, aka part of Lot 1 and all of Lots 2, 3, �+, 29, 3�, 31 and 32, C. W. Youngman's Rearrangement of Block 2, Palisade Addition and part of Lots 1, 2, 3 and 4, Block 7, Pa.lisade Additis�n. Very truly yaurs, Y /` Rose Mix City Clerk � Attach. / � ABO:la � �� : // j� '`�O ���� _ f r�.--«� �c-a-2�'K-' �� � � i%���� B�y� �''`-�''-� � ". ��z .%� _ � ,�{,�u,���-c.�--��z � ����1�� �� � e�.�...-�� � - � �.�'� � ��--� . l� L �/J o._�..1w. Vc,G.� v�'� �' ' �Z � � � `t f` �:� � F', A �� �+ �' `•�.� �� I ...._......r._�_��.. � �_ __ _----___� . L.�`se�-''s at 3�u t�:si tt �f� ��;,+:.� � �� • � � � � � � - f �� �'� � PETITION TO AMEND ZONING CODE +�+� ���:� ��-� � CITY OF ST. PAUL� MINNESOTA �� TO THE HONORABLE MAYOR AND CITY COUNCIL DATE��_19 �O c/o City Clerk, Room 386 City Hall St. Paul, Minnesota 55102 Pursuant to Section 64.210 of the St. Paul Zoning Ordinance and Section 462.357 (5) of the Minnesota Statutes, McDonald's Corporation , the owner of all of the land proposed for rezoning, hereby petitions your Honorable Body to rezone the following described property: Stceet Address: several parcels. West Seventh St. at Madison Street Legal Description: The Westerly 5 feet of Lot 1 and all of Lots 2,3,4,29,30, 31 and 32, C.W. Youngman s Rearrangement of Block 2, Palisade addition to St. Paul and that part of Lots 1,2,3 and 4, Block 7, Palisade Addition to Saint Paul lying Northerly of the Right of way of the Chicago, Milwaukee, St. Paul and Pacific Railraod, together with that part of vacated allev and street accrued thereto by the reason of the vacation thereof. from a Mic�c�ll'nc�n�.c 7nnin�q��/.lyrlin$, B B �, 12� and R� District to a B 3 District for the purpose of Constructing and installing a McDonald's Restaurant-Drive through facility McDONALD'S CO ORATION Subscribed and sworn to By� bef e this c� r�'� day of epte er 19 80 Title: ` �s �� Petitioner /�� va �,���f Notary Public � �:°�b:;,. GERALD E. FRISCH � � �, � � �� „�, � ��j� NOTARY PUBUC-MINNESOI'A �H �i,�'�43 � e� d� �� �gla f�s �L� ��2 �I �3 t.',..�a:`� �T Gt� ��m a� ��F. DAKOTA COUVTY �''+��..- My Commission F�cpiras Feb.76,1983 Page 1 of � +- � � � , . � , '_ �+ d �¢��.Kr STATE OF MINNF�OTA) : ss. � COUNTY OF RAMSEY ) A'I��-r+r��� �• �s�+�° , being first duly sworn, deposes and states that he is the person w o circu ate e wit in petition and consent, consisting of / pages; that affiant is informed and believes that the parties described are the owners respectively of the lots placed immediately following each name, that affiant is informed and believes that each of the parties described above is the owner of property which is within 100 feet from any propecty owned ��y petitioner or sold by petitioner within one (1) year preceding the date of this petition which is contiguous to the property described in the petition; that except for none of the parties described above has purchased or is purchasing property rom pe i ioner contiguous to the above described property within one (1)year of the date of the petition; that this consent was signed by each of said owners in the presence of this affiant, and that the �ignatures �tre the true and correct signatures of each and all of the parties so d cribed. � / � ,. � C /rl c���+GG f�. �ssr9v Ad�ress ��� �sr'r�r� � �Tiy ri��' I✓fZC DONIqC.Q�'r CO/1/i°0/L►�TI t��tJ �0�3 �✓,c�tcEr �✓��� �'Q r OtCOh'1�NGTe /n�N��CSa?�9 fie ep one umber g•� � c.E 3S� �ubsc 'bed and sworn to before me s 3orN day of ���T- , 19�a � . � � otary ub ic A�t. .,r'9+N�AII+ GERALD E. FRISCH `'!��" NOTARY PUBLIC-MINNESOTA '°`'�i1�.� DAKOTA COUNTY '�...'My Commlaion ExpNw Fsb.18.1983 ����:e���<<� .� �����: ��� ----___..._____ Approved as to form - Feb. 80 Plan�iing Department Page -� of � e � ' w ..'- �� t . � y _ . . . LAW OFFICSS ����� NILVA AATD FRISCH, P. A. Paorsee:oxsr.Aeeociertox ALLEN I.IPILVA � � OERALD 8.FRISCH THOMA9 d. LAIIOHLIN 8360 WEST BEVENTH BTRE�T- SAINT PAIIL, MINNESOTA 66116 MICHASL D.SNTOR 612 690`1b91 PAIIL d. GATTO � JOHN R.ZACROW . October 31, I980 Clerk of the City of Saint Paul Room 386 City Hall-Courthouse St. Paul, Minnesota 55IO2 Re: Proposed McDonald's Restaurant West Seventh St. at Madison St. Dear Madam: Enclosed herewith for filing glease find the following documents, to-wit: l. Petition to Amend Zoning Gode dated Octob�r 9, 1980, including verification and consent of property owners. 2. Peti[ion for Vacation of;pc�rt�an of Benson Avenue and portion of alley sittiate_ iri. C.` �. Youngman's R�arrangement of Block 2, Palisa�e Addition, with attached map showing subject property and::its relationship to surrounding streets and railroad ri�gbtt�of-�ay. Also enclosed herewith are two checks made payahle to the City of Saint Paul in the amount of $5Q.00 'and $1Q0.0'Q in payment of the respective filing fees for the-Peti�ion for .Rezoning,' "an�d �e�"1.tion for Vacation. . , . We believe that you will find that the Petitions are in appropriate form and sufficient to initiate the. reque"sted .proce�dings: Enclosed herewith for your assistance is a certification by Title Insurance Company of Minnesota showing the owners of property within 100 feet of the subject property. We believe this certificate is correct, and if so, the signatures by consenting, adjoining property owners is in excess of two-thirds of the adjoining property within 100 feet (19 parcels out of 25 parcels) �������� ���.� ���_ . . � . w � � . � , ��aJ�� Clerk of City of Saint Paul Page �wo October 31, 1980 Please initiate the proceedings necessary to accomplish the requested relief. If you have any questions, please call me. Very truly yours, NIL AND FRISCH, P.A. �r � — Gerald E. Frisch GEF;sm Encls. - - --- ----- �"'� ---- ' { ���'+ � � �' R';�AC �'� ��^ I}� �.i� I�o�i ua'v I� ��� �8 ��m i'sa 2�65�� . , _ , . : � - �. `�� � - °i< - -_ _ \... . ���-',� . . ' �_ .T.' `�oq .. /B. i24.7 .q�� ''',. -.. { ti°` ' c �a c a t P � " W , r - ;'.. G :�:.�, 9�J . \\ V'. 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I v i ; .. .. � ' „ i I ., i .. � � I � R���w� � ��' � ��1�t���Q d ; ► I � /9 ( /3 � i2 ! /l ; i ' 9 � � 6 � 7 6 S 'iI 4 � ( , � ' i � � r (} �t i�1'1 � /i�, . , � i •- - - - -- �- - - ._ .. . . _ i - , _ _. _ �� 2 E 65�� ::� L 1�C:�:�� :t—'`s c<�...� # .p'- '..F '�fy'��Vi7�i�� _ . f"y+�-�' : �.�3i �iin � � ,�.?���, A{9�:.� . a�s•�» a . `��,Y '��. iL;- A, .. .,,,��' .. _ .r, t4e bR �0. : ' Lot 1 +p� f caD.�` � : �UIi�M4'A�O�yi �1i l�ir ' of C.1���R ' r �f��:. ' � _ j � r'`.'„��':1 'Nd�,' i�r�lU P�+drE; " ;� -' ;,:} Dehldl��t;yY0�1.� r . � �`�feirk `�t�9s�,� ' \ ,, � _ __- �--. _ .__ _ _ _. _ _ _.__ _ , _ �, ;� , � , . lst �,j �`,�'Y� �� 2nd ��G�a�� 3rd ,C/— 7—�� . . .Adopted � — �L/_"�/ Yeas � , Nays ; , �HUNT . �LEVINE - ' \McMAHON - � S2�OWALTER ����� TEDES CO � / / l717� � / (o / / WILSON . � PRESIDENT (MADDOX) r;�.' :�� #�-�-