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273472 WHITE ,�- CITV CLERK �)�J�F�� yiNK' - FINANCE 1 < < / TANARV -DEPARTMENT GITY OF SAINT PALTL COl1I1C11 rrr� a BLUE - MAVOR File NO. dindnce Ordinance N 0. ! lU�� 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 City of Saint Paul and the zoning maps thereof. WHEREAS, Pursuant to Minnesota Statutes, � 462. 357 and § 64.210 of the Legislative Code, Stuart Moss duly petitioned to rezone the South 165 feet of North 200 feet of West 150 feet of Lot 11, Block l, Target-East St. Paul, located on the east side of Kennard between Burns and Suburban, from ES-E�pressway Service District to R-3 One Family Residential District for the, purpose of subdividing vacant parcels of land for single family development, the petition having been certified by the Department of Finance and Management Services on February 9, 1979 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 March 15, 1979 conducted a public hearing for the purpose of considering the re- zoning petition, and, pursuant to Section 20.03 of the Administra- tive Code, submitted its recommendation to the Planning Commission that the petition be granted; and WHEREAS, The Planning Commission considered the rezoning petition at its meeting held on March 23, 1979 and recommended that the City Council approve the petition; and WHEREAS, Notice of a public hearing before the City Council on the said rezoning petition was duly published in the official COUIVCILMEIV Requested by Department of: Yeas Nays Butler [n Favor Hozza Hunt Levine Against BY Maddox Showalter Tedesco Form Approved City Attorn Adopted by Council: Date Certified Passed by Council Secretary BY ' By Approved by Mayor: Date Approved by M or for Submission to Council By BY WHITE ,.- CITV CI.ERK ��{`y�� NARY -DEPA TMENT V� GITY OF SAINT PAUL Council �dLUE - MAVOR File NO. • . Ordinc�nce Ordinance N 0. ��.� �� .� Presented By Referred To Committee: Date Out of Committee By Date newspaper of the City on July 14, 1979 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 July 24, 1979 where all interested persons were heard, and the Council having considered all the facts and recom- mendations concerning the petition; now, therefore, THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section l. That the rezoning map of the City of Saint Paul, Map No. 23, as incorporated 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 east side of Kennard between Burns and Suburban, being more particularly ' described as the South 165 feet of North 200 feet of West 150 feet of Lot 11, Block 1, Target-East St. Paul, be and is hereby rezoned from ES-Expressway Service District to R-3 One Family Residential District. Section 2. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. -2- COUIVCILMEN Requested by Department of: Yeas Nays - Hoz��c��-�'Y�/� .�_ In Favor Hunt � Levine Against BY Maddox Showalter Tedesco Form Approved by ity Attorney Adopted by Council: Date SEP y��.. Certifie s d by oun ' ec � BY '�~ By �� Ap by Mayor: Da � Approved by May for Submission to Council By By ��sM� S E P 151979 CITY CLERK � ` *` �' ClTY OF ST. PAUL D�PA�RTMFNT OF F1iVANCE AND MANAG�MENT S�RVICES ��`��2 ASSESSMFNT DIVISION 713 CITY HAIL ST.PAUI,MINNESOTA 55102 . July 6, 1979 File X2244 Page � Zoning File 8416 � The Council of the City of St. Paul will hoJ.d a pubZic hearing in the � Council Chambers of the City Hall and Court House (third floor) at 10:00 a.m. on July 24, 1979 on the: Petition of Stuart Moss to rezone from an ES district to an R-3. district the property on the east side of Kennard St. between Burns and Pacific, being legally described as: . the south 165 feet of the north 200 feet of the west 150 ft. of Lot 11, Block 1, Target East St. Paul. If you would like further information about this hearing, contact the Current Planning Section of the Planning Board, Room Z202 City Hall Annex 298-4Z54. While the City Charter requires that we notify you of the hearing, we want to help you to learn fully about any improvem�nt that could affect you or your community. Therefore, I sincerely hope you can attend this hearing, so that you can make your views about it known to the City Council, �ahether for or against: . J. WILLIAM DONOVAN VALUATION AND ASSESSMENT ENGINEER - ��+J�� , . • � , ' �� x e�. �� . � � , . ,� c-.� q 3. 9 7 �� 9�a1.��y..I t { �� i� `� rr?.ti�.�T v� `h 7� 'r Y3:i�� `7,�'L�r } �^�'��`'! N yattK� s ��'��.. "i�� v�r�.H �+ii`�. , �11 S, �ri p� r � � ��fTT'v '3 {. r I I' ' � ,:s� � ';��" � .,w ' ��` q b �,� q; r l y� ; r �� .� :�� y:� � �'_ r ; 9s. � <+� �� ;•':� �� : ��, ��': +' �h: +�q�, :fi �".i'4�' � +:�N�'sY�tt�' � C�, �-� ��3 �� ' � ��,� ��6�,T. o, ,' CITY OF SAINT PAUL . � DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT O ~ �� -- A�' DtVISION OF PLANNING ... �21 Wabasha Street,Saint Paul,Minnesota,55102 612-299-4151 George Latimer Mayor �u�y i�, 1979 Rose Mix, City Clerk 386 City Hall St. Paul , Minn. 55102 Re: Zoning File No. 8416 - Stuart Moss Dear Madam: This is written in response to the petition of Stuart Moss to rezone property . located on the east side of Kennard between Burns & Suburban from ES (Expressway Service) to R-3 (Single Family Residential ) , for the purpose of subdividing vacant parcels for single family development. This matter was heard before the Current Planning & Zoning Committee of the Planning Commission on P1arch 15, 1979. District 1 had representation at the hearing to request the Committee to delay a decision until after a special meeting of District 1 . The district subsequently submitted a letter in support of the rezoning. There were no letters or testimony in opposition to the rezoning. Staff recommended approval of the rezoning request and the Current Planning & Zoning Committee, on a 3 to 0 vote, concurred with the staff recommendation, based on findings that the request is consistent with the District's pending Plan, that downzoning to allow for hiqh value, single family housing complies with the neiqhborhood's concern, and that the rezoned property would form a . buffer between existing residential to the west and cotmnercial uses to the east. On March 23rd the Planning Commission unanimously conformed the recommendation of the Current Planning & Zoning Committee, on a 16 to � vote. City Council has scheduled a public hearing on this matter for July,'24, 1979. Sincerely, . Laurence J. ung City Planner LJJ/gf Encs. � ' ,. MINUTES OF THE MEETING OF THE CURREP�T PLANNING & ZONIP�G COMMITTEE - IN CITY COUNCIL CHAMBERS, ST. PAUL, MIPJNESOTA MARCH 15, 1979 PR�SENT: Messrs. Pangal , Levy and Bryan of the Current Planning & Zoning Committee; Mr. Jerome Segal , Assistant City Attorney; Mr. Steve Roy of the Division of Housing & Building � ^.ode Enforcemnt; Mmes. McNeally and Fox and Mr. Jung of the Planning Staff. ABSENT: Karns, Summers, Fitz�jibbon, McGinley . The meeting was chaired by Mr. James Bryan, the Chairman. STUART MOSS �#8416): An application to rezone from ES to R-3 property 7ocated on -the east isde of Kennard between Burns and Target property. The petitioner was present. There was no opposition present at the hearing. Mr. Jung showed slides of the subject site and reviewed his staff report with a recommendation of approval of the rezoning request. Mr. Edward Parranto, 415 Wabasha Court, represented the petitioner, Stuart Moss, and other builders who will be building on the site. He submitted a proposed plat for the portion to be rezoned. The remaining ES area requires a 50 ft. setbacks on all sides and he said that, inasmuch as the lot is on}�y 40 ft. wide, this would be impossible to develop. He said he would like to proceed as soon as possible to save time and money. Ms. Toni Baker, Community Organizer of District 1 , said that because of the Moss issue as well as three others located directly across the street from Moss, and because all the cases are in close proximity, the District Council decided there were many small issues to � . be decided and set a special meeting for March 15th. She said District 1 was not opposing nor approving the proposed rezoning, but were asking for a delay until after their special � meeting and until the District 1 Council has had an opportunity to respond. She said she had een unable to find an address for Stuart Moss and the telephone in Parranto Brothers' " office did not answer. She said MR. Parranto had made no effort to work through the District 1 Council . She explained that it is a very sensitive area and she was asking that area residents have a chance to speak their opinion at the Planning Co�rrnission meeting. Mr. Bryan said whatever the committee does wi71 come before the full Planning Commission on March 23rd and the committee would be willing to present to the full Planning Commission anything that the District 1 Council wants them to report. Mr. Parranto said this was the first time he had heard about the neighborhood meeting and he promised to be there. There being no further public testimony, Mr. Bryan closed the public portion of the hearing. Mr. Levy moved to recommend to the Planning Commission that the request for rezoning be approved based on Findings 1 thru 6 of the staff report, subject to the report of the District 1 Council meeting of March 15th. , The motion was seconded by Mr. Pangal and passed on a roll call vote of 3 to 0. Submitted by: Appr by: � , GG��'4�/ . c� Laurence J. Jung Ja s Brya , h rman �/.. � �� lst �� 2nd �� ( � � 3rd ��-�� Adop ted � L-� � � � �. - /�-� Yeas Nays � BUTLER HUNT , LEVINE ��L� / 2 R � � MADDOX � . � l ! SHOWALTER v � I TEDESCO � i PRESIDENT (HOZZA) �r'` � . . . , , . � _ _ , , . � ;p STATE OF MINNESOTA ) � _ , COUNTSt OF RAMSEY ) ss. ) CITY OF SAINT PAUL ) � �¢D� �t..et�T_.a.�t_A Mo.s s , being f irst duly swom, deposes and states that he is the owner of the property to be rezoned, or has authority to lawfully bind the owner of the property to be rezoned, which is described as follows: The South 165 00 feet of the North 200 .00 feet of the West 150 00 feet of Lot 11 Blockl , Tar�et-East St . Paul_. ADDENDUM S & L Builders has �urched Lots 1 �2 ,and"� of Tar�et-East St . Paul, all of which is continauous propertv . that affiant does not have any legal or equitable interest in, is not in the act of purchasing, nor has he purchased or sold within one (1) year preceding the date of the attached petition any land contiguous to the property sought to be rezoned as described above, except (NONE) (SEE ATTACHED) ; that affiant understands the word "contiguous" as used herein to mean parcels of property sharing a common boundary at any point without regard to the presence of public thoroughfares. ,_.�--�=� ,. . ."`-��v ' /-t � '� __... `_.--�'� '�t.. ' NORARY PUBLIC, RAMSEY COUNTY, MINN. _. �. f�._.. .., ., �: � n ;v P��,;_�,; _ _ , �� ,,�.�_ � � ... Fil.E ��..� �, ��W �: �� ., � Z4NSNG ,- CITY OF ST. PAUL ' DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES ASSESSMENT DIVISION 113�ITY HALL 57.PAUL.MINNESOTA 55102 `_ _ � February 9, 1979 • To The Council G1dty of St. Paul I have checked the attached petition of Stuart Moss, filed in the matter of rezoning, The south 165 feet of the north 200 feet of the west 150 feet of Lot 11, Block 1, � Target East of St. Paul, from an ES District to an R-3 District, and find that said petition is aufficieat. Yours very truly, �.. _ _ _ _ , l.�'�a-'�-� , � �� Bernard J. Carlson - Director _ Department of Finance and Management Services Re: X2244 cc: Building Department � Zoning Board File Parcels Eligible - 12 _ Parcels Needed - 8 �/� Parcels Signed - 8 �� t �� - l�� . � � � � r� r � ~�` ��TY o, '' CITY OF SAINT PAUL . } DEPARTMENT OF PLANNING AND ECONOMIC D�VELOPMENT O ~ , wi�� 1 �� =- ^; DIVlSION OF PLANNlNG , �.� 421 Wabasha Street,Saint Paul,Minnesota,55102 b12-299-4151 George Latimer Mayor July 17, 1979 Rose Mix, City Clerk 386 City Hall St. Paul , Minn. 55102 Re: Zoning File No. 8416 � Stuart h1oss Dear Madam: This is written in response to the petition of Stuart Moss �o rezone property . �ocated on the east side of Kennard between Burns & Suburban from ES (Expressway Service) to R-3 (Single Family Residential ) , for the purpose of subdividing vacant parcels for single family development. This matter was heard before the Current Planning & Zoning Committee of the Planning Commission on March 15, 1979. District 1 had repr.esentation at the hearing to request the Committee to delay a decision until after a special meeting of District le The district subsequently sabmitt�d a letter in support of the rezoning. There were no letters or testimony in opposition to the rezoning. Staff recommended approval of the rezoning request and the Current Planning & Zoning Committee, on a 3 to 0 vote, concurred with the staff recommendation, based on findings that the request is consistent with the District's pending Plan, that downzoning to allow for high value, single family housing complies with the neighborhood's concern, and that the rezoned property would form a buffer bet�iveen existing residential to the west and corimercial uses to �he east. On ��larch 23rd the Planning Commission unanimously conformed the recommendation of the Current Planning & Zoning Committee, on a 16 to � vote: City Council has scheduled a public hearing on this matter for July '24, 1979. Sincerelv, . �Laurence J. ung City Planner LJJ/gf , Encs. � � ' . MINUTES OF THE MEETING OF THE CURREiJT PLANNING & ZONIfJG COMMITTEE - � IN C:TY COUNCIL CHAMBERS, ST. PAUL, MIPJNESOTA MARCH 15, 1979 � P�eSENT: Messrs. Pangal , Levy and Bryan of the Current Planning & Zoning Committee; Mr. Jerome Segal , Assistant City Attorney; Mr. Steve Roy of the Division of Housing & Building r "ode Enforcemnt; Mmes. McNeally and Fox and Mr. Jung of the Planning Staff. 4. ABSENT: Karns, Summers, Fitz�ibbon, P�cGinley _ The meeting was chaired by Mr. James Bryan, the Chairman. STUART MOSS �#8416): An application to rezone from ES to R-3 property located on the east isde of Kennard between Burns and Target property. The petitioner was present. There was no opposition present at the hearing. Mr. Jung showed slides of the subject site and reviewed his staff report with a recormnendation of approval of the rezoning request. Mr. Edward Parranto, 415 Wabasha Court, represented the petitioner, Stuart Moss, and other builders who will be building on the site. He submitted a proposed plat for the portion to be rezoned. The remaining ES area requires a 50 ft. setbacks on all sides and he said that, inasmuch as the lot is on.}y 40 ft. wide, this would be impossible to develop. He said he would like to proceed as soon as possible to save time and money. Ms. Toni Baker, Community Organizer of District 1 , said that because of the Moss issue as well as three others located directly across the street from Moss, and because ail the cases are in close proximity, the District Counci7 decided there were many small issues ta be decided and set a special meeting for March 15th. She said District 1 was not opposing nor approving the proposed rezoning, but were asking for a delay urtil after their special meeting and until the District 1 Council has had an opportunity to respond. She said she had �. een unable to find an address for Stuart Moss and the telephone in Parranto Brothers` office did not answer. She said P�R. Parranto had made no effort to work through the District 1 Council . She explained that it is a very sensitive area and she was asfcing that area residents have a chance to speak their opinion at the Planning Commission meeting. Mr. Bryan said whatever the committee does will come before the full Planning Commission on March 23rd and the committee would be willing to present to the full Planning Commission anything that the District 1 Counci7 wants them to report. Mr. Parranto said this was the first time he had heard about the neighborhood meeting and he promised to be there. There being no furthe►^ public testimony, Mr. Bryan closed the public portion of the hearing. Mr. Levy moved to recommend to the Planning Commission that the request for rezoning be � approved based on Findings 1 thru 6 of the staff report, subject to the report of the District 1 Council meeting of March 15th. The motion was seconded by Mr. Pangal and passed on a roll call vote of 3 to 0. Submitted by: Appr by: , ��G',c�c��/ , r� Laurence J. Jung Ja s Brya , h rman ��. • .= CITY OF ST. PAUL DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES ASSESSMENT DIVISiON 113 CITY HALL ST.PAUL,MINNESOTA 55102 February 9, 1979 • To The Council (�ttg of St. Paul I have checked the attached petition of Stuart Moss, filed in the matter of r�zoning, The south 165 feet of the north 200 feet of the west 150 feet of Lot 11, Block 1, � Target East of St. Paul, from an. ES District to an R-3 District, and find that said petition is sufficient. Yours very truly, . �.d-�-a�•.� � 4� Bernard J. Carlson - Director Department of Finance and Management Services Re: X2244 cc: Building Department Zoning Board File Parcels Eligible - 12 Parcels Needed - 8 �� Parcels Signed - 8 �� ` � . • I tf4ib , = � ZONING STAFF REPORT 1 . APPLICANT: STUART MOSS DATE OF HEARING 3-15-79 2, , , , , , , , , , , , , , , CLASSIFICATION . . . . . . . . . . . . . . . CURRENT PLANNING & ZONING COMMITTEE BOARD OF ZONING APPEALS Rezoning � Variance ❑ Special Condition Use Administrative Review ❑ Determination of Similar Use ❑ Other � ❑ Change of Nonconforming Use Q Other 3, LOCATION: East side of Kennard between .Burns and Target property 4. LEGAL DESCRIPTION: So: 165 ft. of North 200 ft. of W. 150 ft. of Lot 11 , Block 1 , Target-East St. Paul 5. PRESENT ZONING: ES ZONING CODE REFEREP�CE: 64.210 6. STAFF INVESTIGATION & REPORT: DATE 3-6-79 gY L.J. Jung -------------------------------------------------------------------------------------------- A. SUFFICIENCY: The applicant's petition was filed with the City Clerk on January 18, 1979, declared sufficient by the Finance Dept. on February 9th, and received by the Planning Office on February 21st. 11 parcels were eligible; 8 were required and 8 were obtained. B. PURPOSE: The request is to rezone from ES (Expressway Service) to R-3 (Single Family) in o r to merge with the tract to the south so the area can be subdivided for single family construction. . � C. HISTORY: The subject property is part of a 175' wide strip extending from the 'motel deve�opment on the north to near Burns Avenue an the south. This eastern stretch of Kennard was left as a buffer after an 18 acre parcel was rezoned from ES and R-3 to B-3 in November 1977 (Ord. #16375) to allow development of the Target store. At that time, it was the intent of the Dayton-Hudson Corp. to deed this buffer area to the City for park purposes. The City turned down the site and it was left with the understanding that the area would be someday developed with residential uses at which time a rezoning would be requested. . __-__ _ D. FRONTAGE & AREA: Frontage on Kennard is 165 ft. with a depth of 150 ft. , for a total area of 24,750 sq. ft. E. SITE/AREA CONDITIONS: This vacant site has an uneven surface which is more severe towards the southern portions. Trees have been planted closer to the street side while the rear area is dominated by the presence of the back of the newly built 100,000 sq. ft. Target building. Just north is a strip that will remain ES zoned, that is, under Target ownership with motel and similar commercial establishments further north of this along the south edge of I-94. Southward the topographic conditions are also uneven but flatten out further towards Burns where single family development exists. West of the site is a developed single family neighborhood with the exception of a series of corner lots that are currently proposed for development of homes. . F. FINDINGS: 1 . Areas west of Kennard and south of the subject site are already zoned R-3 and are for most part solidly developed with mostly newer homes. Some homes along Burns are generally older and larger than the averagea 2. Being adjacent to an already designated R-3 district means that this site could not be construed spot zoning. 3. �own zoning to R-�3 �o allc►w for de�.�elopmer�t of h�gh val�e sing�e family housing is being requested to comply with the wishes of the residents of the neighborhood. 4. The City has no interest in acquiring or developing this site as a park. Therefore, development of this stretch should be made only if it can be determined that such development is compatible with the neighborhood. 5. Commercial development on the north and east has been accomplished in a manner that minimizes the impact on this site and on the proposed and existing residential uses throughout the area. 6. The five lots that will eventually be created (three on the subject site) will have widths and lot areas excee�ing the standards of an R-3 zone. �� ,(��`��1,,�,. / ; . . , T7��tii `.i�_g!.�YS �(9�S � � i's ��.��f`-f � ,.�s'�.'Ll�h`_ �+D 5 J�,,�,�> :.si� / 7,{�� '►21�j)+:1��)��IttiN�l -C�kti��/1�� ' , b � F . �. STUART MOSS STAFF REPORT PAGE TWO G. STAFF RECOMt�ENDATION: Based on a11 of the above findings, Staff recommends approva o t e rezoning request to R-3. H. OTHER CONSIDERATIOP�S: � A question remains of what the status might be regarding the area left in the ES zone to the north. This question is appropriate if an R-3 rezoning is approved on the subject site. It would be Staff's opinion that this remaining strip of ES be also rezoned to R-3 to more permanently buffer the B-3 uses from residential uses west of Kennard. The City Attorney's opinion should be sought as to the legality of this action. . .a�:� . , F_L • • � . F,�, �r-� �`. . � �RooE.�TY TD .BE �PF2 D�V�'1� - -. . �N��.q �� o w/y . ..I,:: - . .� . - ::;�.z . • :.. _.. - ��. �•� . �:�t' � c � •� - - � • • � � . ,_ _ • NORTH --673.00�- _ 1� �� • � ' i•f� ' � •�. ..A_��e C j1. =t -L �� - '.y� 1 � _ v � � • ;�°' j - KENNARD � S.T•R�ET. . - � � �,' �/ ;�==�' .,��o � , � ��.00 ;� -- � � � -, . .,,:� -0 �• ir�: '�°''��i ..w.lwE ia � ao�� . ' �L%i � �/. • p. G• :�.; I�; � .scc.a � ,ly o ' i jT�z o � .�� V . .. � _ � ..._ m P - , J. Z �� i�� _ _ , I I y a 1 . r �' .j� y�� ' m r I _. .3 � �;�i i � ' i � s + - �� .: ,-. �r+° � � "'_ �. ' o ^ � �_i -- , � � �� n � �.•-. _. ` � .. 1Y _ � : � � _ I o r..r ,, � t. n .M _� � � � ' I �/. � r _� ..: � y i ` Z ''?9 ^�'� - � nORTM `��-�tj•�v-' I I�. 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Y s-90 o �OUtSE O � '� ' 0 o c� 00000 � �` -, �' o�. o I � � o '� �_ . . , - AREA MAP . sTUART Moss LEGEND • APPLICANT - : — � ZONING OISTRICT BOUNDARY REZONE PROPERTY FROM ES to R-3 � SUBJECT PROPERTY � PURPOSE � O ONE FAMILY PI.ANNtNG OISTRICT 8416 ¢ TWO FAMILY 1 FILE N0. � ' March 15, 1979 ��"� MULTIPLE FAMiLY ; DATE • ♦ n COMMERCIAL � ��► INDUSTRIAL MAP N0. SCAI.E � I'�= 200' NORTH Z� I SAlNT PAUL PLANNING 80AR0 V VACANT , � , • i a�+iv , ZONING STAFF REPORT . � , ' • , 1 . APPLICANT: STUART MOSS DATE OF HEARING 3-15-79 2. , „ , , , , , , , , . . CLASSIFICATION . . . . . . . . . . . . . . . CURRENT PLANNING & ZONING COMMITTEE BOARD OF ZONING APPEALS Rezoning Variance ❑ Special Condition Use Administrative Review ❑ Determination of Similar Use ❑ Other � ❑ Change of Nonconforming Use a Other 3. LOCATION: East side of Kennard between _Burns and Target property 4. LEGAL DESCRIPTION: So. 165 ft. of North 200 ft. of W. 150 ft. of Lot 11 , Block 1 , Target-East St. Paul 5. PRESENT ZONING: ES ZONING CODE REFEREPJCE: 64.210 6. STAFF INVESTIGATION & REPORT: DATE 3-6-79 gY L.J. Jung A. SUFFICIENCY: The applicant's petition was filed with the City Clerk on January 18, 1979, declared sufficient by the Finance Dept. on February 9th, and received by the Planning Office on February 21st. 11 parcels were eligible; 8 were required and 8 were obtained. B. PURPOSE: The request is to rezone from ES (.Expressway Service) to R-3 (Single Family) in o r to merge with the tract to the south so the area can be subdivided for single farnily construction. . C. HISTORY: The subject property is part of a 175' wide strip extending from the motel development on the north to near Burns Avenue on the south. This eastern stretch of Kennard was left as a buffer after an 18 acre parcel was rezoned from ES and R-3 to B-3 in November 1977 (Ord. #16375) to allow development of the Target store. At that time, it was the intent of the Dayton-Hudson Corp. to deed this buffer area to the City for park purposes. The City turned down the site and it was left with the understanding that the area would be someday developed with residential uses at�which time a rezoning would be requested. D. FRONTAGE & AREA: Frontage on Kennard is 165 ft. with a depth of 150 ft. , for a total area of 24,750 sq. ft. E. SITE/AREA CONDITIONS: This vacant site has an uneven surface which is more severe towards the southern portions. Trees have been planted closer to the street side while the rear area is dominated by the presence of the back of the newly built 100,000 sq. ft. Target building. �ust n�rth is a strip that will remain ES zone�, that is, under Target ownership with motel and similar commercial establishments further north of this along the south edge of I-94. Southward the topographic conditions are also uneven but flatten out further towards Burns where single family development exists. West of the site is a developed single family neighborhood with the exception of a series of corner lots that are currently proposed for development of homes. , F. FINDINGS: 1 . Areas west of Kennard and south of the subject site are already zoned R-3 and are for most part solidly developed with mostly newer homes. Some homes along Burns are generally older and larger than the average. 2. Being adjacent to an already designated R-3 district means that this site could not be construed spot zoning. 3. Do�vn zoni ng tQ R-3 to a?�ow f'o�° �ev�l cFrnQnt �f hi�h va7 u=� s i ngl e fami iy ho�s i ng i s being requested ta comply with �the wishes of the residents of the ne�ghborhood. 4. The City has no interest in acquiring ar developing this site as a parke Therefore, d�velopment of this stretch should be made only if it can be determined that such develapment is co�npatible with the neighborhood. 5. Commercial development on the north and east has been accomplished in a manner that minimizes the impact on this site and on the proposed and existing residential uses throughout the area. 6. The five lots that will eventually be created (three on the subjec� site) will have widths and lot areas exceeding the s.tandards of an R-3 zone. j'oa. 4,�`��;,�,,5�� I �' i / I .. . � ' '� � � . ...�.�J. '�W� � t�.n` / '+I ' ` /s r ' f --,--__{,i--_--- �/v1�3 J�n fit�YJ � /:J`..�. � G '1 !; � '.i��F J '.'�?Gt Sr` '.� 1 l �CS•)t'.l'3r':tR�-/t�! .�('�oa'd`.Gt!��"rl�, � 4 . � r • , ' " STUARt MOSS STAFF REPORT PAGE TWO G. STAFF RECOMt�IENDATION: Based on all of the above findings, Staff recommends approva o t e rezoning request to R-3. H. OTHER CONSIDERATIONS: A question remains of what the status might be regarding the area left in the ES zone to the north. This question is appropriate if an R-3 rezoning is approved on the subject site. It would be Staff's opinion that this remaining strip of ES be also rezoned to R-3 to more permanently buffer the B-3 uses from residential uses west of Kennard. The City Attorney's opinion should be sought as to the legality of this action. . , .S . ' �- � `'`. . ' . . . -,� • F�PooE'�PTY TD .BE RE2 D�J�'1� . - -• . �'r I�r�EA�.A ��q a w/y . ..I,.: . _ . �_ . . - I`��:; � _:,.� � " `:._ .. .rt�c r,; , , '-� . Y�,��T' � G • ` . - I . NORTH --673.00-- � 1• • '°". ' - .t. .y_,�e r ;o :.� - _ _ -- — ` __ _ - � •� �' Q� '�� _;` �� KEN�NARD '' STR�ET _ � �' � , =�_ .,�,o1 � . �6Q.00 ,�� - ' 1 � �- .'l' W: J'� "j 'vY:.ltVri � /4 � r'O� —1 . • ��zv% � !• ' [�� C• .�� I�� ' .S�c.3 ;:v V t IT,� A ! � � ' �.. � '�:. — �i,� � ... J i ' � i � � � r, tZ!' c�� ' u � j o� f . ` .!�! � i: ci�; � I �;r• O . 1 � �� ' �,..� :� .�.� �s � . i � „_9 �. -- . � = � i = � .. 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TON � � O . , � p SCHOOL � Z � � � � S/TE � W ° o 000 0 000 � � ,9�� O Y O s-90 � o �OUISE O ,',� . p O (� 00000 � �: '� C� �� a � � � o �,, ,_ . - AREA MAP � sTUaRT Moss LEGEND APPLICANT -- . — -� ZONING DISTRICT B4UNOL�RY ' PURPOSE REZONE PROPERTY FROM ES to R-3 ��'i��a SUBJECT PROPERTY � O ONE FAMILY P�ANNtn►G � OISTRICT FILE N0. 8416 TWO FAMILY ' ' March 15, 1979 ��"� MULTIPLE FAMILY ; DATE • ♦ n COMMERCIAL � �.�► INOUSTRIAL MAP N0. SCA L E : I'�= 200� N�RTH _ Z� I SAiNT PAUL PLANNING 80AR0 V VACANT , f � � • • �a . • . _. � �� . : - - . � � i 9� , . � � .�-�� CITY OF SAINT PAUL, MINtJESOTA QETITION TO AMENO CHAPTERS 60 thru 64 OF THE LEGZSLATIVE (20*IING) GODE Note: Before the petitioner's proposal for rezoning wi�1 be considered by the City of Saint Paul, property owners must consent to the proposed change. Before signing the petition which is a statement to that effect, the signer should be aware of uses per- mitted under the new classification. For further information about the rezoning of property, call the Zoning Section of the City Planning Office, 248-4154. TO THE HONORABLE MAYOR AND CITY COUNCIL ' c/o thE City Clerk, Roam 38b City Hall �`tei City of Saint Paul, Minnesota Section 64.210 of St. Paul's Zoning Ordinance states that 67X of property awaers within the area to be considered must consent to the proposed rezoning. Section 462.357(5) of Minnesota Statutes states that 2/3 of property owners within 100 feet of the land proposed for rezoning must give written consent before the City shall consider the proposal. However, when the owner of said property has owned for any time in the past year additional real estate contiguous to the land proposed for rezoning, 2/3 of the property owners within 100 feet of this larger package of property must give written consent. Pursuant to Section 64.210 of the St. Paul Zoning Ordinance and Section 462.357(5) of Minnesota Statutes, we, the undersigned, own property within 100 feet of the petitioner's land and hereby petition your Honorable Body to rezone the following described property: (legal description & street address) �r01RF.v=,-p��..�� Gorsj; �e District to Resident� al,=3 District, for thd purpose of installinq, cvnstructing and/or operating the foilowing: (describe briefly the proposed facility) New house construction RECORD OWNER SSGNATLTRE LOT BLOCK ADDITION Subject Property: - aul Rubin Rhein Le al desc ibed The South 165 feet h e 1 9 of the East 1034 . 06 f et o the So hea t State of Minnesota) Section 34 , Township 29 , Range 22 , except the South ) aa County vf Ramsey ) 30 fee t. � ,-� �� ... J C'i! ,�� being first 8uly sworn, deposes and states that he is the person who circulated the within petition consisting of � �aqes; tha.t the parties dascribed above are the owners respectively of the lots placed immediately following each name; that each of the parties describe3 ahore is the o•rrr.er of prapPrty which is within 100 feet fratn any property owned by affiant or sold by affiant within one (l� yeaz preceding the date of this petition which is contiguous to the property a.bove describedt that none of the parties described above has purchased or is purchasing property from affiar�t contiguous to the above described property within one (1) year of the date of thie petitionj that this petition was signed by each of said owners in the presence of this affiant, and that the signatures above are the true and correct sie�natures af each arld all of the parties so described. �`�"" ' �v��2��/� ��s ., �� o�G� ��G� ?/L� Subscribed and sworn to before me Address: � ;'� Telephone No. ,1 ��j t�-�e this ,5' y o �-�. /� , ��' �^��•,��nnn�lMptiproved as to form 10-27-76 �� ' ` '' °"` ':' Of$ice of the City Attorney ��., , �, ,:;.�.' i t 7 , Notary Public, Ramsey Co�tty, n. �!y commission expires - •�, v�.4�•:..:, Z �`l-�/qL � . a ,f • :' . . . , •' . ' . , CITY OF SAINT PAUL, MINt�ESOTA PETITZON TO AMENO CHAPTERS 60 thru 64 OF THE LEGISLATIVE (ZO*IING) G'OD.°.' Note: Before the petitioner's proposal for rezoning �i�� be considered by the City of Saint Paul� property owners must consent to the proposed change. Before signing the petition which is a statemeat to that effect, the signer should be aware of uses per- mitted under the new classification. For further information about the rezoning of property, call the Zoning Section of the City Planning Office, 298-4154. TO THE HONORABLE MAYOR AND CITY COUNCIL c/o the City Cl�rk, Room 386 Cit� Hall �� City of Saint Paul, Minnesota Section 64.210 of St. Paul's Zoning Ordinance states that 677 of property owners within the area to be considered must consent to the proposed rezoning. Section 462.357(5) of Minnesota Statutes states that 2/3 of propertq owners within 100 feet of the land proposed for rezoning must give written consent before the City shall consider the proposal. However, when the owner of said property has owned for any time in the past year additional real estate contiguous to the land proposed for rezoning, 2/3 of the property owners within 100 feet of this larger package of property must give written consent. Pursuant to Section 64.210 of the St. Paul Zoning Ordinance and Section 462.357(5) of Minnesota Statutes, we, the undersigned, own property within 100 feet of the petitioner's land and hereby petition your Honorable Body to rezone the following described property: (legal description & street address) fx� Fx��rc��swa� SPrvi c�P District to Residentj,al-3 District� fot the purpose of installinq, constructing and/or operatinq the following: (describe briefly the proposed facility) New house construction RECORD f1WNEA SIGNA'T[JRE LOT BLOCK ADDITION Subject Property: PARC L NOD'iBE � �� f< # 10 9 5 e 'ri Mi he � ,.-�- �- � r 2 0 9 5 Katherine Mitchel � r � • # 2096 `� � � �� - aul State of Minnesota) ) aa County of Ramsey ) ...-- � �� inq first duly sworn, deposes and states that he is the , person who circulated the w thin petition consisting of � �ages; that the parties described above are the awners respectively af the lots pla d immediately following each name; that each af thQ parties described above is the awner of pzoperty which is within 1Q0 feet from any property owned by affiant or sold by affiant within one (1) year precedinq the d�te of this petition which is contiguous to the property a.�ove described; that none af the parties described above has purchased or is purchasing property from affiztnt contiguous ta the above described property within one (1) year of the date of this petitionj that this petition�was siqned by each of said owners in the presence of this affiant, and that the signatures above are the true and correct sic�tatures of each and all of the parties so described. _ �� J��1�� Subscribed end svrorn to before me Address: jlS C� __��--�v--� ,..� � ,.�.� . Telephone No. � 9„2 �7�,o thfsr5` day o f �i F E. �, �t;�;� : > - '"�`'��c- '`'�"'� � � Apprvved as to form 10-27-76 . _�,,,, _, � ; '� � Office �f the City Atto_ney ifWWWWVV�reV�.,�r,.. . ,.�.yJ,�,,,, ... ,Y Notary Public, Ramsey County, Mir.n. �!y commission expire� � i � .• . .. . - ., . . � . CITY OF SAINT PAUL, MIM�ESOTA PETITION TO AMEND CHAPTERS 60 thru 64 OF THE LEGSSLATZVE (ZONING) GODS Note: Before the petitioner's proposal for rezoning �ri�I. be considered by the City of Saint Paul, property owners must consent to the proposed change. Before signing the petition which is a statement to that effect, the signer should be aware of uses per- mitted under the new classification. For further information about the rezoning of property, call the Zoning Section of the City Planning Office, 29$-4154. TO THE HONORABLE MAYOR AND CITY COUNCIL � c/o the City Cleric, Room 386 City Hall �t�� City of Saint Paul, Minnesota Section 64.210 of St. Paul's Zoning Ordinance states that 679: of property owaers within the area to be considered must consent to the proposed rezoning. Section 462.357(5) of Minnesota Statutes states that 2/3 of property owners within 100 feet of the land proposed for rezoning must give written consent before the City shall consider the proposal. However, when the owner of said property has owned for any time in the past year additional real estate contiguous to the land proposed for rezoning, 2/3 of the property owners within 100 feet of this larger package of property must give written consent. Pursuant to Section 64.210 of the St. Paul Zoning Ordinance and Section 462.357(5) of Minnesota Statutes, we, the undersigned, own property within 100 feet of the petitioner's land and hereby petition your Honorable Body to rezone the following described property: (legal description � street address) traa► Dietrict to Residential-3 District, for the purpose of instal inq, constructing and/oz operatiaq the foilowinq: (descrire briefly the proposed facility) New house construction RECORD OWNER SIGNATiJRE LOT BLOCK ADDITION Subject Property: ARCE # ADDRESS � Edve a Samol tz 16006 1656 Burns Ave. David Burback � 05005 1660 Burns Ave. 03005 1672 Burns Ave. Mikola Samodin � -t,�� 06005 1680 Burns Ave. B ;�• �:;�� - State of Minnesota) ) �s County of Ramsey ) ,y /'� '�. .�.� G ��'�-��b ing first duly sworn, deposes and states that he is the person Who circulated the w hin petition consisting of ��ages; that the parties_ desaribed above are the owners respectively of the lots placed immediately follewing each nam�t that each af tha parties described above is the owner of aroperty which is within 100 feet frvm any property owned by affiant or sold by affiant within one (1) year preceding the date of this petition which is contiguous to the property above describedi that nane of the parties described above has purchased or is purchasing property fzom affiant contiguous to the above described property within one (1) year of the date of this petitionj that this petition�was signed by each of said owners in the presence of this affiant, and that the signatures above are the true and correct sic�natures of each and all of the parties so described. 2s�'�'�2'�� -�„C Subacribed and a�orn to befoze me Adc3ress: �/,g�/�� , , Te2ephone No. ��',2 � 7 v � th da p h � ,^rJ'.'`^r�v�`�.`- �; _ - `;;, ,� � ; Approved as to form 10-27-76 . �' � ' '_ ' ` ' _ Office of the City Atto�ney Notary Public, ��ey�,6vnaaC�r; M�rh. "` �!y commission expires : � . .. . � t t . , � . � CIY7 OF SAINT P1►UL� f1IM1E5�2'A PETITION ?O AHENO CNAPTERS 60 thru 64 OF TNE�LLGZSUTIVE (ZO:VING) CODE Note: Before the petitioner's proposal for rezoning �i�l be considered by the City of Sain Paul. property ovnera must conaent to the propoaed change. Before aigning the petition vhich ia a statement to that effect. the eigner ehould be a�+are of usee pet mitted under the new classification. Fot further information about the rezoning of property, call the Zoning Section of the Ci[y Planning Office, 298-4154. TO THE HONORABLE HAYOR AND CITY� COUNCIL �t�� c/o the City Clerk. Room 386 City Hall City of Saint Paul, Minnesota _ Sec[ion 64.210 of St. Paul�s Zoning Ordinance states that 67X of property ovners vithin the area [o be considered must consent to the pzopoeed rezoning. Section 462.357(5) of Hinnesa Statutes states that 2/3 of property ovnera �►ithin 100 feet of the land proposed for rezoni mu6[ give srritten consent before the City shall consider the proposal. HoWever, vhen the ovner of said property has oWned for any time in the paet year additional real estate conti to the land propoaed for rezoning, 2/3 of the property ovners vithin 100 feet of this large package of property must give vritten consent. Pursuant to Section� 64,210. of the St. Paul Zoning Ordinance and Section 462.357(5) of Minneso[a S[atutes, ve. the undereigned, own � property vithin l00 feet o€ the petitioner'-s land and hereby _petition' your Aonorable Body t rezone the folloving described property: (legal description b street address) rrom Expressway Service nistrict to Residential -3 District,� for thd purpose of installinq, constr�cting and/oz operating the follo�,rinq: (descri�e hriefly the praposed facility) _ ilew house Construction RECORD OWNER-- �•' SZGIIAZVRE ' LO'r BI.00K'"_: ADDITZON=_ subject Propertyz , . . . �om 69iener�� 2 - 1 �'arget-L•'ast Tom Wiener .3 1 Tar et-East . . . . . -: St. Paul , . State of Hinnesota) ' •� ) s� Caunty o! Ramsey ) . � �� .-°�/'`�/'/� being first duly s�►orn, deposes and states that t�e is tt� person �+ho circulated th within petition consistinq ot -7 pages; that the partie described abova are the ormers respectively of the lots placed immediately following each naine� that each of t�►e parties described above is the owner of property �+hich is ti+ithin 100 feet fram any property o�+ned by affiant or aold by affiant �+ithin one (1) year precedinq the date of this petition �rhich is contiquous to the property above desczibed� that none of the parties described above has purcbased or is purchasinq propezty from affiant contiguoua to the above described pro�ezty �+ithin one {1) year a th• date of this petition� that thia petition vas signed by,each of said oti+ners in the pres�nce of thfs affiant, and that tt►e signature9 above are the true and correct si�natures ot each ar�d all of the partiea so de9cribed. �� -�"��..,�� _ Subscribed and svorn to befoze me Address: �j/r— 1�/,c�i��c�.. ��',r�-r%G��-�o '. -� , ,,��.,�,��, �.r�-..�,,.,,,�,, ?elephone No. ,2 9�.F 7 �' G .-�' this�day ot /�� - r - . � ° ' Approved as to �form 10-27-76 � f _ � ` . dQ-�� , L ' o e ty to_•nny _..�.. , !`��'s ��. Hotary Public, Ra.a�sey County, Hirn. ify cor+missio� expire� '