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270392 WHITE - CITV CIERK � � PINK - FINANCE GITY OF SAINT� PALTL Council ��. 5�;� � CANARV�- DEPARTMENT BLUE - MAVOR ��r�-��'� � File N 0. . ZIZGLIZCP. Ordinance NO. Presented B • Referred To Committee: Date Out of Committee By Date An ordinance ame�.ding the Saint Paul Zoning Ordinance, Chapters 60 through 64 of the Saint Paul Legislative Code. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That th� Zoning Map of Saint Paul, Sheet No. 5, as incorporated by reference in Section 60.401 of the Saint Paul Legislative Code, is hereby am�nded as follows: The property on the northeast corner of Arlington Avenue and Westminster Street, more particularly de- scribed as follows: Lots 1 through 7 and 20 through 3�, Block 5, and Lots 1 through 7, Block 8, Morton s Addition to St. Paul is rezoned from RM-1 to RM-2. Section 2. 'I'hat this ordinance shall take force and effect thirty (30) days from and after its passage, approval and publication. COUNCILMEN Requested by Department of: Yeas Nays Butler Hozza In Favor Hunt Levine O Against BY `R�etr�er S ylvester Tedesco Adopted by Council: Date �EB 7 �978 Form Approved by, City Attorney Certified s d by Council ret BY � By App o by Mayor: at ` FEg g 1g Approved by Mayor for Submission to Council By BY PiJ�L(S�%� �� 3 '�78 . ' , �: � , �. � � �'`�.��-��,�� ; �. ��TY �F CITY OF SAINT PAUL °��y �'' DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT , ; ��..: =� �8 •N'�,••••�c� DIVISION OF PLANNING �.. 421 Wabasha Street,Sai�t Paul,Minnesota,55102 612-298-4151 George latimer Mayor December 15, 1977 Rose Mix, City Clerk 386 City Hall St. Paul , Minn. 55102 Legal Description: Lots 1 thru 7, 20 thru 31 , of Block 5, and Lots 1 thru 7, Block 8, Morton's Addition to Saint Paul Dear Madam: This letter is written in response to the petition of Sherman Investment Corp. to rezone property located at Arlington & Westminster from RM-1 (low rise multiple family accommodating up to 16 2-bedroom units per acre) to RM-2 (low rise multiple family accomnodating up to 24 2-bedroom units per acre). This matter was heard before the Current Planning & Zoning Committee on November 17, 1977 at which time staff recommended that the petitioner's request be granted. Motions to lay over, approve and deny were defeated by roll call votes. After more discussion Mr. Pangal moved to recorrrnnnend approval of the request to rezone to RM-2. Ms. Grittner seconded the motion and it passed on a 6 to 1 roll call vote. On November 18, 1977 the Planning Commission defeated a motion to approve the rezoning by a vote of 8 to 8. Therefore, the Planning Commission makes no recommendation on this matter. The matter is scheduled to be heard before the Saint Pau7 City Council on December 20, 1977. Sincerely, �� Edward J. Warn ' Senior City Pla er EJW/gf Zoning File No. 8229 ,�.�;s� , ' 1 1 1 1 � � � • . , . i � . � � •� �. �� o��o��e�e��e�■ � � � e o��o��e��e��e�■ � � � e��e��o��=::::�-� � � !.�:':::.�.�!I�'ia:i�i�:�C�:� � � RJ��J��A��lJ��l�J��1'1��■ . . ��....�...�w�� ..��....��v�rs.......��..� ■�o��n��e�e��o�■ � o��e��o��■ ■�o�� e��o��o��■ ■�o�� e��o�■e��e�0��e�� „ e��e�o��e�e��.o�� e��o��e��e��o�r „ � e��e��e��e��o��e�■ � e��o��e��e�e��e�� e��o�o��o��e��e�� e��e��o��e��m��e�■ � � � e��o��e��a��e�� s��:�� o��e��o��o�e��e�■ ,: . a��o��e�e��e� � � o��e��a��::::::� , . , Q�mea ; oc� ; � o�aoa�o■ . . - �, � ,� . � .., I,. , /. .!: ,,. - i„ .� _f/.�..� : � . � 1 � l � � � � � �r�'�'�!��i��/�i -- � • � '� i. i. ' //ii i�.i i . ../a�[ L/�a:, • �� /� � � � /� /� �i /j i�a:�I .i_ ii ��'��I "�� / / L.I �. /_. 1 � � I � ,il ��,�� .� �/�,/%_!-" � /�. /u - /iii �,la�,.. u I�/ .� ' /� / � � � _ /'/i t�' I .� .�� /i, I�'._ •i . .�.� �� , � � • / � � �_� ;. ��//17`� � .�� ,� � ✓/l/ , � , / / � . �� _ . , , � � � � � , � . �:' - MINUTES OF MEETING OF THE CURRENT PLANNIN6 $ ZONING COMMITTEE THURSOAY, NOVEMBER 11 , 1917 IN CITY COUNCIL CHAMBERS, ST.PAUL PRESENT: Mmes. Grittner, Surrmers and Karns, and Messrs. Humner, Pangal , Stegemoeller and Bryan of the Current Planning & Zoning Comnittee; Mr. Robert Straughn , Assistant City Attorney; Mr. Richard Amey of the Division of Housing & Building Code Enforcement; Mmes McNeally and Fox and Mr. Edward J. Warn of the Planning Staff. The meeting was chaired by Mr. James Bryan, Chairman. SHERMAN INVESTMENT CORP. (#8229): A petition to rezone property on the east side of Westminster between Arlington and Nebraska and the north side of Neveda between Westminster and Arkwright, from RM-1 to RM-2. The petitioner was present. There was opposition. • Mr. Warn read the staff report and showed slides of the subject site. Mr. Sherman Rutzick represented the petitioner and said that when the city was rezoned everything was downzoned, so Sherman Investment Corp. is asking for restoration of the � original zoning. Land in that area is low lying and has much peat in it, he said. � They do not own the original development shown by staff. Any off-street parking has nothing to do with Sherman Investment. The peat would have to be piled or compacted. No feasible way exists to build any less than 25 units per acre and get a mortgage. He said he would not support anything but RM-2 rezoning. � Mr. Warn read into the record a letter of opposition with a petition signed by 39 households, with 76 names on it, from H. G. Carlson of 408 E. Montana. He also read into the record a letter from Glenn Hanggi of District 5 Planning Council , requesting a delay to give District 5 time to consider the project, or otherwise recommending denial . He also read into the record a letter from District 5 Planning Council asking for postponement of a decision on the Sherman Investment petition so further informa- tion can be found before their December 13 meeting. Mr. Gregg Johnson, president of District 5 Planning Council , said they have not had sufficient time to study the proposal and he understood there is concern from some persons who do not want to be identified but who are against the proposal because � they are not sure of the facts. District 5 Planning Council wants to make an intelligent decision so are asking for postponement of a decision. They do not want to slow down - the developer, he said, but the developer did not come to District 5 with information. He said that inasmuch as no residents were speaking out in opposition at the hearing, �� he found himself in a difficult situation. Ms. Summers then moved to postpone a decision until District 5 has an opportunity to study the proposal and she added that the matter should be taken up at the December 15th . meeting of the Current Planning & Zoning Committee. Her motion was seconded by Ms. Karns. At this point Mr. McGuire said that in past practice it has been the procedure to ask the developer whether he could live with a postponement or adjust, and in this case the developer had not been asked. Ms. Sumners said she did not realize that the developer had not been asked, so she then inquired of Mr. Rutzick whether a postponement would be agreeable to him, and he replied that a continuance would be opposed. . . . . , , � ! I , . . . . '1. 1 . ' . . . . . . , .4f �t. . � , . . � . , . , � • . �� , . t , � � . . � . . . ' � . . . , ` . . _ . , � . .. .. f _ Mr. Bryan then asked if the Comnittee could see Mr. Rutzick's plans, and Mr. Rutzick said Sherman Investment Corp. had plans which they had in 1973, and they had no objection to meeting with the neighborhood, but so far have never received any response from the neighborhood to their rezoning. He said there is still opportunity for the neighborhood to respond because there are 3 weeks, at least, before the matter comes to the City Council . Mr. Stegemoeller then inquired as to why there was such a communications gap. Mr. McGuire responded by saying notices had gone out to everyone within 350 ft. , so the neighborhood would know about it. Mr. Pangal said the only problem with delay is that there wasn't one neighbor appearing against Sherman Investment, and only District 5. He said the Committee did not have the right to lay over arbitrarily. He also said District 5 could come in with a recommendation and the proper place for them would be at the City Council meeting and Mr. Rutzick should be given a decision at this meeting. Mr. Hurr�ner said several City Council members have questioned the Committee's right to delay the proceedings. Ms. Summers' motion to delay then was defeated by a 4 to 3 roll call vote. A motion was then made by Mr. Hummer to recommend the rezoning to the Planning Commission. The motion, seconded by Mr. Pangal , failed on a 4 to 3 roll call vote. A motion to deny the petition was then made by Ms. Sumners. It was seconded by Ms. Karns and failed on a 4 to 3 roll call vote. Mr. Pangal said that in his discussions with some of the people from the immediate neighborhood involved, he found out that they were against more apartments. However, when he told them that Sherman Investment could build apartments anyway under the existing zoning, they seemed to accept the fact that apartments were inevitable. A 4th motion was made by Mr. Pangal to grant the rezoning as the petitioner had requested. This motion was seconded by Ms. Grittner and passed on a 6 to 1 roll call vote. Subm' ted by: Approved by: ' /j�� :-1- � _ �,� '�� ' L�z � � Edward J. n Ja�mes Bryan, irman � r'� . , � . . SHERMAN INVESTMENT CORP. Page 2 4. Charles McGuire, a staff to the Economic Development Division of the Department of Planning & Economic Development, has stated that the additional costs of site development because of the poor soil and drainage problems, combined with current market conditions, are not favorable to the limited development allowed under the current RM-1 zoning. H. STAFF RECOMMENDATION: Based on the above findings, staff recommends the petitioner's request be granted. � 1 , . , ` . , , , . . r , . . . . . . ':.� .. � . . . , � . . . , . ``T' �� CITY OF SAINT PAUL �� \� DEPqRTMENT OF PLANNING AND ECaNOMIC DEVELOPMENT � �.��;�i��i.l !y ��(�y.�S+ + . �� "�� ' DIVISION OF PLANNING '•• 421 Wabasha Street,Saint Paul,Minnesota,55102 612-298-�151 l:rorgr la�imer Mdyor November 3, 1977 Rose Mix, City Clerk 386 City Hall St. Paul , Minn. 55102 Dear hladam: I wish to inform you that the Planning staff will process the petition c�f Sherman Investment Corporation to rezone the property at Arlington & Westminster, aka Lots 1 thru 7, 20 thru 31 , Block 5, and Lots 1 thru 7, Block 8, Morton's Addition to St. Paul . The original petition also included Lots 13 thru 16, Block 5, Morton's Addition; however, these lots are not eligible to rezone under the short form petition, and we will therefore not process that portion of the petition. This letter also serves to document my telephone conversation of this date with Mr. Rutzick, during which he agreed to proceed with the short form excluding Lots 13 thru 16. Sinc y, , Edward J. Warn Senior City P nner EJW/gf cc: Sherman Rutzick . . . . �p. , , .. � � � � ' t . �� ' : �. , � . . ' . ' � �, �, '{ .�. ' � . � ' � . - � . . . . � .. . �,P' . .. . . . .. . .. . .. . . � � . , .. . � . . .� . • � � ' . ... , � � ' . . . . . . , , � � . . � ' . . . , . , . , . � CITY 4F SAINT PAUL CtirY�o,t, ,4�+'' �p �i� y � _ I_ Ros� MI: � + .. •'�� a AlbKt�.OIsN Cdty Clerk and � °�:�.o"s"+:�"� ` Couxai Recorder Council Seeretary �• h4 ...,.�- w.. OFFICE O� THE CITY CLERK /UR�AU Of RlCOROS S88 City HaU St.Paul,Minnseota 6610t Ph,one Z98�S1 July 5, 1977 Planning Staff Grace Building St. Paul, Minnesota Dear Gentlemen: The Council referred to the Planning Co�ission for recommendation the attached petition of Sherman Investment Corporation to rezone property at Arlington and Westminster aka Lots 1 thru 7, 13 thru 16, 20 thru 31, Block 5, and Lots 1 thru 7, Block 8, Morton's Addition to St. Paul. Very truly yours, City Clerk Attach. ABO:dcr cc: Mr. Glenn Erickson �;v.v� ��. C.�� _ _ __ �;�� -�L� 822.. _ . .__. �- --^-_--�-- � � 3Z � �� s;' , i �. , � , Y . �� . . . � - � � , . � y � � � � �� Short Form Re=oning Petition �j�, �.{� TO THE HONORABLE MAYOR AND CITY COUNCIL c/o the City Clerk, Room 386 City Hall City of Saint Paul � Minnesota Pursuant to the provisions of LAWS OF MINNESOTA for 1975, Chapter 261 , Section 6� L/d� S' I/we the undersigned� being the owner(s)_ of property described as ` f�f�L� ---11� I/� C.e cK s- — l,o f-s a o- �� l� c.o cK s- �,,±s 1-7 - 13�.•ck �' � `( a Y Z—O t'l'S �� .�/ 0 '�tr � �� -✓ I c and situated (describe location with �espect to streets or intersections) � �v — l�t� �'.--�. � � �_ � „ 9-� which property was previously zoned � and under , Chapters 60 through 64 of the Saint Paul Legislative Code is presently zoned ��--� � a more restrictive zonin9 classification. do hereby request that consideration be given by your honorable bodies to rezone the above described property to a zoning classlfication of �' � under Chapters 60 through 64 of the Saint Paul Legislative Code. Subscribed and sworn to before me �' P✓�. this � day of J v� ��7 � Address• Notar Public. Ramsey Co. � Minnesota ��'��— y / .�5�� My Comm i s s i on exp i res � �/ d Te 1 ephone:,��`-�/�li f Approved as to form �1/17/75 by the City Attorney. Z��VIIVG �ILE 8� . . . . . . � , .. � ' . � , � i . . � . � .. .. .. . .. � . . ; ,�. �.� .� . .-, � . :, ' x:�,' .. . , � .�,, . . ' �.�:'' .. ' . . �� . � . ' � .. . . .i , . . . . . � - � . • " O � 1075 Arcade St. Paul , Minn. 55106 November 16 , 1977 _ l�1r. James [3ryan Chai rrnan � St. Paul Current Planning and Zon�ng Committee � 421 4labasha St. Paul , Minnesota 55102 Dear Mr. Bryan : � RE : Rezoning Request by Sherman Investment Corporation File Number 8229 The District 5 Planning Council at their November 15 meeting passed a motion requesting the Current Planning and Zoning Committee to postpone their decision on a rezoning request �� by Sherman Investment Corporation. The property to be �� rezoned is located on the east side of Westminster between Arlington and Nebraska and the north side of Nevada between � n rl Westminster and Arkwright. � uu� � The District 5 Council would like to secure further information on the proposed use of this property and solicit input from � affected residents at their monthly meeting on December 13 . �\� The District Council would then report back to the Current Pianning and Zoning Committee their findings after December 13 . C� � Thank ou for y your assistance with this request . _�-7 Sincerely, �-_ �I--- J ��_! Gregy Jahnson ij (� � President �.0 � _ i ,--- --- (�J/i,� `— �� cc : Cd Warn ,.��__-_; Dorot.hy Sc.hlesselman . �.,, T:m Gul ver `�_� i; �.� ;_� . ��J ` �, �l -.� n �_. 1---- --.--� � , : ,. � r�� . ; . .. INEMG1 �tA: NQUIN� � ,, . ., : �` • • ARLINGTOM HIllS WTHERAN CHURCH Ta;_�rrent Plar.3nir�p & Zo�,i,p,� C�rnmittee �, ' 1115 Greenbrier Street Glen Nanpai St. Paul, Minnesota. 551Q6 From' 771-��a01 I have been asked by the District � Planni.n� Council to appear before you regarding Lhe pending appeal of the Sherman Investment Corp. The requested zoning change first came before the Planning Council at its November 15 meeting, wi.thout a chance to prepare a position on the isaue. Yet the Council regards this rezonin� request to be a ma�or alteration of the zoning ordinance. We, therefore, ask for a delay in this proceeding to give tt�e District Council an opportunit� to foxmulate zts position in a manner con- sistent xith good planning. If the matter cannot be postponed, than I would recom�nend denial of the petition. ; I call to your attention the following concerns: 1. The single family properties to the east and rrest Were bomesteaded when th�s entire area Was zoned A Residential. These folks invested in the neighborhood with the a�surance that it would be a single-family xesidential nei�hborhood. 2. Throu�h spot rezoning the City proceeded to violate that assurance over and over again. 3• The high density developnent to the south provides a chronicle of broken promises which the developer made to the City and the nei�hborin� residents. �. The nei�hborhing families have a lon� catalop, of grievance against that development. 5. The zoning ordinance clearly sets' down the intentio�n of a RM-1 zone as being a buffer zone bet�+een lower and higher density zones. The �ranting the petition �ould remove what is left of that buffer zone. 6. The streets in this area cannot handle increased tr,affic. Arkwright, West- minster and Arlington Streets are in poor condition, and, at my last inquiry, the city had no immediate plans for improvin� them. ?. Over and over again we hane been told that the storm sewers in this area have na further capacity. It is inconceivable that increased high density developnFnt Will not have an adverse effect upon nei�hboring residents who sEttled there fi.rst in good faith. E3. Finally, in reading the definitions of RM-1 and RM-2 in the Zoning Ordinance, I fail to find reason for the staff recommendation. � s; , "Move that the District 5 Planning Council state to the City Council its concerns , as outlined in the District Plan, regarding buffering of low and high density housing . Further , this Council would recommend that , whatever decision is made , the City Gouncil recognize the issues involved in high density housing in inner city residential areas . ° �. � � � � � 4p\l Oy� � �{� _ �� .,! � STATE OF MINNESOTA RAMSEY SOIL AND WATER CONSERVATION DISTRICT Mid-America Bank Building, 1827 North Saint Paul Rood, Maplewood, Minnesota 55109. Telephone (612) 777-0127 December 20, 1977 T0: The Members of the St. Paul City Council FROM: Ramsey Soil and Water Conservation District Board of Supervisors RE: Site Plan Review of Sherman Investment Corporation Property , The Sherman Investment Corporation requesting a rezoning of their three- acre property from RM-1 to RM-2 located at the intersection of Arlington and Westminster, was reviewed by the Ramsey Soil and Water Conservation District (RSWCD) at the request of the St. Paul Planning Board staff. Howard 'Moechnig, the District Conservationist, presented technical data concerning this site to the Board on December 12, 1977. From the technical information received, the RSWCD Supervisors submit the following concerns and recommendations: SOIL CONCERNS A portion of this site has been filled, and the fill is overlying wet soils. The fill may also be overlying organic materials. The water table may be close to the surface, and the soils strength of the underlying material may be poor. Because the soils in the filled area are unstable, classified as filled land, there could be severe building problems encountered. WE RECOMMEND THAT ON-SITE INVESTIGATIONS BE MADE TO DETERMINE THE SUITABILITY OF THE FILLED AREA FOR BUILDING SITES. The remainder of this parcel is made up of Chetek sandy loam and is suitable for urban development. The water table is greater than five feet below the soil surface, soil strength is good, potential frost action is low, and shrink-swell potential is low. A site plan showing the location of the specific building locations would have been helpful, so as to determine the wisest and BEST use of the soils contained in this parcel of land. WE RECOMMEND THAT THE PLANNING BOARD STAFF REQUEST FROM ALL DEVELOPERS A DETAILED SITE PLAN, IN THE FUTURE, BEFORE ANY REZONING CAN BE CONSIDERED. STORMWATER DRAINAGE CONCERNS Stormwater runoff from this property flows into the Trout Brook sewer without flowing through any wetland. Because of the developers request for a greater use of the land than currently zoned, we make the following recommiendations to minimize the impact on the environment. AN EQUAL OPPORTUNITY EMPLOYER �O -2- WE RECOMMEND THAT A STORMWATER RETENTION POND BE CREATED IN ONE OF THE AREAS LOCATED ON THE ATTACHED MAP. This reco�endation is made in order to control flows of runoff from this site and the surrounding areas. Runoff from this site could flow to either pond. � These ponds would have the added pos- itive aspect of trapping sediment from the construction site, too. WE RECOMNIEND THAT EROSION CONTROL BE INCORPORATED INTO DEVELOPMENT PLANS TO PREVENT EXCESS SEDIMENT FROM LEAVING THE SITE AND DAMAGING DOWNSTREAM ENVIRONS SO THAT WATER QUALITY WILL BE Il�Il'ROVED. Because there are no stormwater storage sites of significance on this property, and development of the property will increase the ' amount of runoff directed downstream to the Trout Brook sewer, we urge you to take a positive step concerning stormwater drainage before others are harmed. Also, we would like to remind you of the statement in "A Comprehensive Policy for the Ponding of Stormwater", prepared by the St. Paul De- partment of Public Works, in April 1976, which states that the Trout Brook sewer is of INADEQUATE capacity during heavy rainfalls. The Ramsey Soil and Water Conservation District Board of Supervisors hope that the above information will help you to make the correct decision on rezoning of the property in question. �� (y�/�[.J�''`_ CITY OF ST. P�il1L DfPARTMENT OF FiNANCE AND MANAGEMENT S�RVICES ASSE5SMENT DlVi510N 113 CITY HAII ST.PAUL.MiNNfSOTA SS102 December 2, 1977 File X2013, Page Zoning File 8229 � . Dear Citizen: As a couxtesy to you, and as required by law, we want to notify you about . a gublic hearing which may affect you. - The Council of the Gity of St. Paul will hold a public hearing in the Council Chambers of the City Hall and Court House (third floor) at 10:00 a.m. on December 20, 1977 on the: Application of Sherman Investment Corporation to REZONB from RA4-1 to RM-2 property on the east side of Westminster Street between Arlington and Nebraska Avenue, also on the south side of Nebraska Avenue � between Westminster and Arlington Streets, also north side of Nevada Aveaue between Westminster and Arkwright Streets, The praperty is described as: Streets and alleys accruing as in Document No. C. F. 260898 and � Lots 1-7, 13-16, and 20-31, Black 5, and Lots 1-7, Block 8, Morton's Addition. If you would like further information about this hearing, contact the Current Planning Section of the planning Board, 421 Wabasha Street or telephone 298-4Z54. While the City Gharter requires that we notify you of the hearing, we want to he2p you to leara fully about any improvement that could affect you or your . community. Therefore, Z sincerely hope you can attend this hearing, so that you can make your views about it kn�*.�n to the City Council, whether for or against. J. WILLIAM DONOVAN VALUATION AND ASSESS;SENT EIvGINEER � -.. `5� � �, n�,�. �:x9. i �tiki'�t Mi?�„• t• �� i � � u �2 ,�+� � � � :� g � �; �f bated 'b • , � '�g;�� (r�'�`�:'� �.� �FFt��? ` ' 1K- ��:�t�� ?�S'�'.f,', ��, _ A#�a i»C.='[ 'i�!:`�Yl �RCY[°.��. ��7Y o�, CITY OF SAINT PAUL '�� = DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT , _ �. � �� ~ `��, ��.•...��' DIVISION OF PLANNING �,. 421 Wabasha Street,Saint Paul,Minnesota,55102 612-298-4151 George Latimer Mayor November 3, 1977 Rose Mix, City Clerk 386 City Hall St. Pau1 , ��Minn. 55102 Dear Madanl: I wish to inform you that the Planning staff will process the petition of Sherman Investment Corpor�tion �to rezone the property at Arlington & Westminster, aka Lots 1 thru 7, 20 thru 37 , Block 5, and Lots 1 thru 7, � Block 8, Morton's Addition to St. Raul . The origindl petition also included Lots 13 thru 16, Block 5, Morton's Addition; however, these lots are not eligible to rezone under the short form petition, and we will therefore not process that portion of the petition. This_ letter also serves to document my telephone conversation of this date with Mr. Ru�zick, during which he agreed to proceed with the short form excluding Lots 13 thru 16. Sinc y, Edward J. Warn Senior City P nner EJW/gf cc: Sherman Rutzick w • r 1` V . . . . � ,,-_ . , . . . ... , . . . . .� . - . ,. � ! � . i .. ' . � '. � � . .. . ' I . ' . _ ' - � . � / . � . � , . ..`. , ' . � , . , .. . � . : � � � � � � � � � � � � � � � � � � � � �,� �� , � , � - - ,. _ _ - , . . . _ , . . , ; . � ; - . y . . . � ; , , . � , � � �,;; , . _ . : . � ' . . � . . . . � . 1 . . . . 7 . . . . � . - . `�� • � . , .. . - ' �. - ' ' .1. ,.. , , t ' ._ . . . � . .. '. .. ' .. � , '� �. . . . . �� '. • . . . � , . _ . . .. ' .. .. . . . � � � , � ., . I . . . , ' .�'� . - . . 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( . . _ , .. �3: J' r. � � • C�TY o,� CITY OF SAINT PAUL R°� '- DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT � ;o '•- ' ��•� ' DIVISION OF PLANNING ��, �- �e �.� 421 Wabasha Street,Saint Paul,Minnesota,55102 612-298-4151 George Latimer - Mayor December 15, 1977 Rose Mix, City Clerk 386 City Hall St. Paul , Minn. 55102 Legal Description: Lots 1 thru 7, 20 thru 31 , of Block 5, and Lots 1 thru 7, Block 8, Morton's Addition to Saint Paul Dear Madam: This letter is written in response to the petition of Sherman Investment Corp. to rezone property located at Arlington & Westminster from RM-1 (low rise multiple family accommodating up to 16 2-bedroom units per acre) to RM-2 (low rise multiple family accommodating up to 24 2-bedroom units per acre). This matter was heard before the Current Planning & Zoning Committee on November 17, 1977 at which time staff recommended that the petitioner's request be granted. Motions to lay over, approve and deny were defeated by roll call votes. After more discussion Mr. Pangal moved to recommend approval of the request to rezone to RM-2. Ms. Grittner seconded the motion and it passed on a 6 to 1 roll call vote. On November 18, 1977 the Planning Commission defeated a motion to approve the rezoning by a vote of 8 to 8. Therefore, the Planning Commission makes no recommendation on this matter. The matter is scheduled to be heard before the Saint Paul City Counci7 on December 20, 1977. Sincerely, �� , Edward J. Warn Senior City Pla er' EJW/gf ': Zoning File No. 8�29 �O ' 1 1 1 1 � � • - � � i �. � ' �� o��or��o�e��e�■ � � � e o��o��e��e��e�■ � � � e��e��o��::::-�� _::__:��a��s��■ � � o��A��o��e��■ . . ��.......�w��.�r� ��sr..�� oo�o��re�e��■ � o��o��o��■ ■�o�� e��o��o��■ ■�o�� e��o��e��e�0��e�� „ e��e�o��e�e��o�s e��e��e��e��o� „ � e��o��e��a��e�■ � e��o��e��e�e��e�� e��r�o�o��o��e�� . . � o��e��o��e��e�s � � � e��o��e��a��e�� see��s�� o��o��a��o�e��e�■ ,: . o��o��e�e��e■ � � o��e��o��::::::� � � � Q��eo ; eca � � or�oo�o■ � , � � � � ,� • " .i. .._� /._ .�� i. � iii .-.i ��i./✓sr : � � � ( � _ , _ / � ' � � ' � 7�� /� / ' i. - /�i� � � /..�i . '��1�..L�. L%ia:, � � �I� � � �- '= /•;�� ., !„ -. �%�1'.�i__._ ' /� . . , . % � , ,,, . � � %�l/�'� . .� �/�'�"'�J/J1J��! ' � .L ... �i,,,�, ".1�., - u r�..i � i�; ! /' �, 1 1 '//.[�' .L� i/, I�' �i .�.� /�/��i � • � � • � • / ..ri :� ��/7�'a � ii� .e � _//l/ � , � i / - - . � . . . ....,. ,'..1. . ��r�.: , i,.tf.- i .. . .• . . . � �1 � . . � - . I , . . . . - ., . . . � � . . . . . MINUTES OF MEETING OF THE CURRENT PLANNING & ZONING COMMITTEE THURSDAY, NOVEMBER 17, 1977 IN CITY COUNCIL CHAMBERS, ST.PAUL PRESENT: Mmes. Grittner, Sumners and Karns, and Messrs. Humner, Pangal , Stegemoeller and Bryan of the Current Planning & Zoning Comnittee; Mr. Robert Straughn , Assistant City Attorney; Mr. Richard Amey of the Division of Mousing & Building Code Enforcement; Mmes McNeally and Fox and Mr. Edward J. Warn of the Planning Staff. The meeting was chaired by Mr. James Bryan, Chairman. SHERMAN INVESTMENT CORP. (#8229): A petition to rezone property on the east side of Westminster between Ar ington and Nebraska and the north side of Neveda between Westminster and Arkwright, from RM-1 to RM-2. The petitioner was present. There was opposition. Mr. Warn read the staff report and showed slides of the subject site. Mr. Sherman Rutzick represented the petitioner and said that when the city was rezoned everything was downzoned, so Sherman Investment Corp. is asking for restoration of the original zoning. Land in that area is low lying and has much peat in it, he said. They do not own the original development shown by staff. Any off-street parking has nothing to do with Sherman Investment. The peat would have to be piled or compacted. No feasible way exists to build any less than 25 units per acre and get a mortgage. He said he would not support anything but RM-2 rezoning. Mr. Warn read into the record a letter of opposition with a petition signed by 39 households, with 76 names on it, from H. G. Carlson of 408 E. Montana. He also read into the record a letter from Glenn Hanggi of District 5.Planning Council , requesting a delay to give District 5 time to consider the pro�ect, or otherwise recommending denial . He also read into the record a letter from District 5 Planning Council asking for postponement of a decision on the Sherman Investment petition so further informa- tion can be found before their December 13 meeting. Mr. Gregg Johnson, president of District 5 Planning Council , said they have not had sufficient time to study the proposal and he understood there is concern from some persons who do not want to be identified but who are against the proposal because they are not sure of the facts. District 5 Planning Council wants to make an intelligent decision so are asking for postponement of a decision. They do not want to slow down the developer, he said, but the developer did not come to District 5 with information. He said that inasmuch as no residents were speaking out in opposition at the hearing, he found himself in a difficult situation. Ms. Summers then moved to postpone a decision until District 5 has an opportunity to study the proposal and she added that the matter should be taken up at the December 15th meeting of the Current Planning & Zoning Corrmittee. Her motion was seconded by Ms. Karns. At this point Mr. McGuire said that in past practice it has been the procedure to ask the developer whether he could live with a postponement or adjust, and in this case the developer had not been asked. Ms. Sumners said she did not realize that the developer had not been asked, so she then inquired of Mr. Rut2ick whether a postponement would be agreeable to him, and he replied that a continuance would be opposed. ' '� 1 � - . ' , i , Mr. Bryan then asked if the Committee could see Mr. Rutzick's plans, and Mr. Rutzick said Sherman Investment Corp. had plans which they had in 1973, and they had no objection to meeting with the neighborhood, but so far have never received any response from the neighborhood to their rezoning. He said there is still opportunity for the neighborhood to respond because there are 3 weeks, at least, before the matter comes to the City Council . Mr. Stegemoeller then inquired as to why there was such a communications gap. Mr. McGuire responded by saying notices had gone out to everyone within 350 ft. , so the neighborhood would know about it. Mr. Pangal said the only problem with delay is that there wasn't one neighbor appearing against Sherman Investment, and only District 5. He said the Comnittee did not have the right to lay over arbitrarily. He also said District 5 could come in with a recommendation and the proper place for them would be at the City Council meeting and Mr. Rutzick should be given a decision at this meeting. Mr. Humner said several City Council members have questioned the Canmittee's right to delay the proceedings. Ms. Summers' motion to delay then was defeated by a 4 to 3 roll call vote. A motion was then made by Mr. Hummer to recommend the rezoning to the Planning Commission. The motion, seconded by Mr. Pangal , failed on a 4 to 3 roll call vote. A motion to deny the petition was then made by Ms. Summers. It was seconded by Ms. Karns and failed on a 4 to 3 roll call vote. Mr. Pangal said that in his discussions with some of the people from the imnediate neighborhood involved, he found out that they were against more apartments. However, when he told them that Sherman Investment could build apartments anyway under the existing zoning, they seemed to accept the fact that apartments were inevitable. A 4th motion was made by Mr. Pangal to grant the rezoning as the petitioner had requested. This motion was seconded by Ms. Grittner and passed on a 6 to 1 roll call vote. Subm' ted by: Approved by: . /,/� l � ._. �'�G��Gtn�- t�-� � � Edward J. n James Bryan, irman � r,, � � .. . . . , t .e , .. . . `t?�r•. - . .I � , � . . . ' , PIANNING BOARD STAFF REPORT November ��, �9�� p�,8t �yp 32 � 8229 t. APYLICANT's t� : SHERMAPJ INVESTMENT CORP. 2. CLASSIFICATION . a Amendment � App�al � Permit � Other 3. PURPOSE : Rezone to RM-2 4. LOCATION : East side of Westminster between Arlington & Nebraska and the north side of Nevada between Westminster & Arkwright 5. LEGAL DESCRIPTION : Lots 1 thru 7, 20 thru 31 , of Block 5, and Lots 1 thru 7, Block 8, Morton's Addition to St. Paul 6. PRESEiVT ZOIIING: RM-1 7 . PURSUANT TO Zoning Code Chapter: 6q Section: 210 Paragraph: 8. STAFF INVESTIGATION & REPORT: Date: 11-9-77 gy; EW A. �UFFICIENCY: The petition for rezoning was filed on a short form on 6-28-77 and :was received by the Planning Division on 7-11-77. It was noted by the Planning staff that the original zoning should have been noted as C-1 , rather than C, and that a p�rtion of the original request, i .e. Lots 13 thru 16 of Block 5, Morton's Addition to St. Paul , w�re not eligible under the short form rezoning. B. HISTORY: This site was rezoned from A Residence to C-1 Residence on 8-30-73, by Council File No. 261863, Zoning File No. 7471 . C. PROPOSAL: The proposal is to rezone the property from RM-1 to RM-2. D. FRONTAGE & AREA: The site has frontage of 589.48 ft. along Nevada Avenue, 423.86 ft. a ong Westm�nster, and 127.12 ft. along Arkwright, for a total area of 128,137 sq. ft. , or approximately 2.95 acres. E. SITE CONDITIONS: The site is vacant. Portions of'the site are lower than street grade and woul have drainage problems. Observations based on prior construction in the area have shown that soil problems exist. The site abuts five apartment buildings on the south, two duplexes on the north, and a railroad track on the northwest. F. AREA CONDITIONS: The area consists of newer single family homes and duplexes, multi family apartment buildings, the Arlington-Arkwright Park & Playground, and a considerable amount of vacant land. G. FINDINGS: l . The site is vacant and ready for development. 2. The applicant successfully petitioned for a C-1 Residence zoning effective 8-30-73, which allowed 25 dwelling units per acre (any number of bedrooms per dwelling unit). 3. The current zoning of RM-1 limits the development on this site to only sixteen 2-bedroom units per acre. . . � +� i�J . . . � � , ., • ' � . . . . . . . SHERMAN INVESTMEPJT CORP. Page 2 4. Charles McGuire, a staff to the Economic Development Division of the Department of Planning & Economic Development, has stated that the additional costs of site development because of the poor soil and drainage problems, combined with current market conditions, are not favorable to the limited development allowed under the current RM-1 zoning. H. STAFF RECOMMENDATIOfa: Based on the above findings, staff recommends the petitioner's request be granted. , �� r:, . �. "i x,,rF �+; t�,.'s�,�4� ° � . . • � �� { � 1 .. a.�,. 3i' �,.�,-:., i..r , .. _ r . �, � . . �� . . � � � � , 4 `1t1 u° CITY OF SAINT PAUL °��y �� DEPARTMENT OF PLANNING AND ECONOMIC DEVEL4PMENT �;;::�� ; . �ln..e;� � . '"°' ^' DIVISION OF PLANNING ' 421 Wabasha Street,Saint Paul,Minnewu,55102 61Z-298-4151 Geurgr Lalimer Mayor November 3, 1917 Rose Mix, City Clerk 386 City Hall St. Paul , Minn. 55102 Dear Madam: I wish to inform you that the Planning staff will process the petition of Sherman Investment Corporation to rezone the property at Arlington & Westminster, aka Lots 1 thru 7, 20 thru 31 , Block 5, and Lots 1 thru 7, Block 8, Morton's Addition to St. Paul . � The original petition also included Lots 13 thru 16, Block 5, Morton's Addition; however, these lots are not eligible to rezone under the short form petition, and we will therefore not process that portion of the petition. This letter also serves to document my telephone conversation of this date with Mr. Rutzick, during which he agreed to proceed with the short form excluding Lots 13 thru 16. Sinc y, Edward J. Warn Senior City P nner EJW/gf cc: Sherman Rutzick a � ; , , . , . , . � � . � " � CITY OF SAINT PAUL ,� r1TY n� Q4� ' ' 'i � ,� _ �r�, ��;. Ros� Mi: 4 G ,;', � '' Allw�t�.Ols�� City Clerk and � s`",';'_��='' �• Couneil Reeord Counczl Secretary `;;> t`�___.•%'�' •,,,,r.�.. OFFICE OP THE CITY CLERK tURBAY O! liCOROS 38B City Hal1 St.Pau1,Mixneaota. 6610t Phone t98-.{,�31 July 5, 1977 Planning Staff Grace Building St. Paul, Minnesota Dear Gentlemen: The Council referred to the Planning Commission for recommendation the attached petition of Sherman Investment Corporation to rezone property at Arlington and Westminster aka Lots 1 thru 7, 13 thru 16, 20 thru 31, Block 5, and Lots 1 thru 7, Block 8, Morton's Addition to St. Paul. Very truly yours, City Clerk Attach. ABO:dcr cc: Mr. Glenn Erickson . ,� =�;��.►,,�,� f%E�1,�. �..6?� ° , _ , -�� 1.� 8�. ._ . , � _ _ � �`3� � , �� , , i' . . '' � .. � , ♦ �*� � . � :�; � • � � � � �� Short Form Rezoning Petltion TO THE HONORABLE MAYOR ANQ CITY COUNCIL c/o the City Clerk� Room 386 City Hall City of Saint Paul , Minnesota Pursuant to the provisions of LAWS OF MINNESOTA for 1975, Chapter 261 , Section b� �/C/t S� I/we the undersigned� being the owner(s)_ of property described as � ' �f-� � � ._...,��, (/�, c.mcKs — �.of-S ao- �� 1/� c�ocKs- �pfs j-7 - 13�•�k P' r /i-rv�-�o�'s �4� �:�, o �., � �'� � I�� c and situated (describe location with respect to streets or intersections) ` P L� 1�J ��'U U� --- �i(� �,.--�1'�►'h//Il��_� � which property was previously zoned �� 1 �� 9'� � and under , Chapters 60 through 64 of the Saint Paul Legislative Code is presently zoned � �/1/}/� -� � a more restrictive zoning classification, do ��'��C hereby request that consideration be given by your honorable bodies to rezone the above described property to a zoning classification of ��' � under Chapters 60 through 64 of the Saint Paul Legislative Code. Subscribed and sworn to before me , this � day of J �� 7 � ��• Add�ess:� Notary Public. Ramsey Co. , Min�esota ��' �1 �^ / SSl 0 I My Comm i s s i on exp i res � �Il, � o Tel epho�e:,�(,��'�/�li f Approved as to form �1�17/75 by the City Attorney. ZC�fViNG FILE � .. , , ' 4 , . . , ,. , , ,. ' __ , . , . _ _. . _ _ . : : ; :; _ � , ..... ,,. .. _ .,.,.._ . . _„, �. • � � 1075 Arcade St. Paul , Minn. 55106 November 16, 1977 _ t�lr. James Gr•yan Chairmar� � St. Paul Current Planning and Zoning Committee � 421 4labasha St. Paul , Minnesota 55102 Dear Mr. Bryan: � RE : Rezoning Request by Sherman Investment Corporation File Number 8229 The District 5 Planning Council at their November 15 meeting passed a motion requesting the Current Planning and Zoning Committee to postpone their decisiori on a rezoning request � by Sherman Investment Corporation. The property to be rezoned is located on the east side of Westminster b�tween Arlington and Nebraska and the north side of Nevada between � n rl Westminster and Arkwright. Iuu� � The District 5 Council would like to secure further information on the proposed use of this property and solicit input from /� affected residents at their monthly meeting on December 13 . �� r The District Council would then report back to the Current � Planning and Zoning Committee their findings after December 13 . �' Thank ou for �� (� y your assistance with this request. �_� � Sincerely, �----� _ , f_,�_ . __ � i� ��:i 1 Gregy Johnson � J � President L=-==� c�� _ _,,J �:c : •d Warn ��- Doroth �_._______� y Schlesselman . ��., T;m Culver �. -�—� /; - �-' �� r-�--J � _ 1 � 'C� � . 1.--- _.:.� F . ��.,� � . � � . .- . � ,. �� l++?x r� ` t't� f X��,,,il�i i d?Ptt '� �j; ` t ��( . . . . . . . ,- . .. 'i. f �� ; t ��y�.° 1 f.s1�Y{��i * ii: .'� � �� { ��,' .♦ . . . . , � .� i i� � .. `f�, � . . . � .. .. � �� .' � � ��,J.r� ..� � ,� 'I,. . � � I'�. . . . � � . . . . - . . � ., '� . � �. � � . � _ . . � . . � ' .�i� � ' , � . �; To: Curren� P�, nn n� � �2n,i.1"� CQ�..1'�t��e Ai�UN.�"aT�N HlLIS k�1�HEitAN �HURCH ; � °;, �, '1'i 1 b GreenkN'ier Street + F�; Glen Ha,,,�p�i � $t. Paul, Min�sot9 651U6 + 771=�a601 I have been asked by the District 5 Plannin� Council to appear befo�e you r�garding the pending appeal of the Sherman Investment Corp. The requested zonin� change fir$� came before the Planning Council at its November 15 meeting, without a chance to prepare a oosition on the isaue. Yet the Council regards this xezonin� request to be a ma�or alteration of the zoning ordinance. We, therefore, ask for a delay in this proce�ding � to give the District Council an opportunity to formulate its position in a manner con- ' sistent With good planning. If the matter cannot be postponed, than I would recammend denial of the petit�on. I call to your attention the following concerns: 1. The sin�le family properties to the east and west were t�omesteaded when this entire area �as zoned A Residential. These folk�s invested in the neighborhood � with the assurance that it would be a sin�le-family residential nei�hborhood. 2. Throu�h spot rezoning the City proceeded to violate that assurance over and over again. 3. The hi�h density developnent to the south provides a chronicle of broken promi�es Which the devEloper made to the City and the nei�hborin� residents. It. The nei�hborhing families have a lon� catalo� of grievance against that developnent. 5. The zonirag ordinance clearly sets' down the intentio�n of a RM-1 zone as being a buffer zone between lower and higher density zones. The �ranting the petition Nould remove what is left of that buffer zone. 6. The streets in this area cannot handle increased traffic. Arkwright, West- minster and Arlington Streets are in poor condition, and, at my last inquiry, the city had no immediate plans for improvin� them. ?. Over and over again we have been told that the storm sewers in this area have no further capacity. It is inconceivable that increased high density develoRr►Fnt Will not have an adverse effect upon nei�hboring residents who settl.ed there first in good faith. 8. Final2y, in reading the definitions of RM-1 and RM-2 in the Zoning Ordinance, I fail to find reason for the staff recammendation. 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