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02-424� `^ ����i31�,'' < ...� . 1 R id 3 7� a �t i.- Council File # Qa,� y �7 Ordinance # Sheet # 1�3�hs Referred To An ordinance amending Chapter 6b of the Saint Paul Saint Paul and the zoning maps thereof Presented By ORDINANCE CITY OF Sk41NT PAUL, MI ESOTA Committee: Date Code pertaining to zoning for the City of 10 11 12 13 14 15 16 WHEREAS, Pursuant to Minnesota Statutes {462.357 and 64.400 ofthe Legislative Code, JOSEPH SANDHOFER duly petitioned to rezone property at 390 Lexington Parkway North being legally described as Lot 3, Block 2, American Building Company Plat 3, Ramsey County, MN (PIN # 35-26-23-32-0036), from RM-2 Multi-Family Residential to B-3 General Business to allow the expansion of BP Amoco Station. The petition having been certified by Zoning staff of the Department Planning and Economic Development as having been consented to by at least 67% of the owners of the area of the properiy to be rezoned, and fi�ither having been consented to by at least two-thirds of the owners of the property situated within 100 feet of the total contiguous properiy within one year proceeding the date of the petition; and WHEREAS, The Zoning Committee of the Planning Commission on March 14, 2002, held a public hearing for the purpose of considering the rezoning petition, and pursuant to { 107.03 of the Administrative Code, submitted its recommendation to the Planning Commission that the petition be granted; and 17 WHEREAS, The Planning Commission considered the rezoning petition at its meeting held on March 22, 18 2002 and recommended that the City Council approve the petition; and 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, notice of public hearing before the City Council on the said rezoning petition was duly published in the official newspaper of the City on April 10, 2002 and notices were duly mailed to each owner of affected property and property situated wholly or partly wittrin 350 feet of the property sought to be rezoned; and WHEREAS, a public hearing before the City Council having been conducted on Apri124, 2002, where all interested parties were heazd, the Council having considered all the facts and recommendations conceming the petition; now, therefore THE COUNCIL OF TI� CITY OF SAINT PAUL DOES ORDAIN: Section 1. 32 That the zoning map of the City of Saint Paul, Sheet Number 19, as incorporated by reference in {60.301 of 33 the Saint Paul Legislative Code, as amended, is hereby further amended as follows: 34 35 36 37 38 That property located at 390 Lexington Parkway North being more particularly described as: Lot 3, Block 2, American Building Company Piat 3, Ramsey County, MN 39 be and is hereby rezoned from RM-2 Muiti-Family Residential to B-3 General Business. 40 30 �` : �► � �� '� r. 41 42 43 44 45 Section 2. �Z-y�.� This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. E� % j � t 3 k ,+ B +.r � : ia S � `d {"`"d � Absent Requested by � p o Adopted by Council: Date \ av� Adoption Ce�tified by Council Secretary _ ( . . �- - .. - ��`��_ .i. .. -\"- A�l►'79��,�� .. F � l By :` By: Form App ved by City Attorney By : (v, l2�WHVY'� S 2 0'� .� .._ . ._ , �_ ., _ ... , . DEPARTMEN7/OFFICE/COUtiCiL: DATE INITIATED GREEN SHEET No.: 113175 � PED Apri129, 2002 CO\ IACP PERSO.I' & PHOiiE 1�TtL�LD'aTE . Snn�LDA�E Yang Zhang (6-6659) L� � a DEPART,YfENT DIl2. s crrr coc,�ciL ASSIGN 3 CITY ATTORNEY S i n'� CI7Y CLERK b1liST BE O\ COli'.�iCIL AGEA`DA BY (DATE) FINAVCIAL SER� DIR £INA�CI.4L SER�7ACCTG 1�L`�ER 4�I (OR ASST.)� 1 Sean Kershaw ✓ As soon as possibie Fox — ROVfII1G ORDER TOTAL # OF SIGVATURE PAGES _1_(CLIP ALL IACATIONS FOR SIGIVATURE) ncrio� �QOESTEn: Adoption of rezoning ordinance RECOVIMEIv'DATIOVS: Approve (A) or Rejec[ (R) PERSONAI, SERVICE COYTRACl'S MUST AlYSNER THE FOLLOWING QtiESTIO\S: 1. Has tkus persodfirm ever worked under a contract for Utis depaztment? A PLA.�'�`IVGCOMMISSION Yes No CIB C0�1V111TEE 2. Haz tt�is persodium ever bern a ciTy employee? CIV[LSERVICECObIb1ISSION Yes No 3. Does this person/fum possess a skill not nmmally possessed by any curzent ciTy employee? ' Yes No Explain all ye4 answers on separate sheet and attach to sreen sheet I�ITIATING PROBLEM, ISSUE, OPPORTIJ�i'ITY (R7io, Wliat, When, Where, Why): Adopt an ordinance to finalize council approval of a petition of Joseph Sandhofer to rezone property located at 390 Lexington Parkway North from RM-2 to B-3 (public hearing held April 24, 2002) . ADVANTAGES IF APPROVED: Property will be rezoned to allow the expansion of a BP Amoco auto-convenience market, which is currently located at 374 Leacington N. The new facility wiil haue an improved site layout that would address some of the crime concerns in the area. - r y n��<?i h +�: S� � � DISeLT?VA�'TAGES IF APPROVF.D: None ,�,�; �, � 2Q�� MA�g � � 2��2 �w. �., . , r'�. � € 6 �. DISAAVAtiTAGESIF NOT APPROVED: TOTAL AMOU�T OF TiWN5ACTION: S 0 COST/REVENUE BUDGETED: ' FUNDING SOURCE: ACTIVITY NUMBER: FIVANCIAL I�FOR�IATIOV: (EXPLAIN) K �SharedWed�ang\WO�L�ZOiung Cus 2001\02098503geaisheeFrezonngv+pd " "Y DEPARTMENT OF PLANMNG & ECONOMIC DEVELOPMEI��T Tony Schenler, Interim Director CfiTY OF SAII�IT PAUL RamdyKeLly, !�tayor Mazch 27, 2002 Ms. Nancy Anderson City Council Reseazch Office Room 310 City Hall Saint Paul, Mimiesota 55102 Deaz Ms. Anderson: 25 West Fourth Street SaixtPau[,1 fN 55102 az - y ay 58� TeZephone: 61 2-2 66 65 65 Facsimde: 612-228-3314 I would like to confirm that a public hearing before the Ciry Council is scheduled for Wednesday Apri124, 2002, for the following zoning case: Applicant: JOSEPH SANDHOFER File Number: #02-098-503 Purpose: Rezoning from RM-2 Multi-Family Residential to B-3 General Business to allow the expansion of BP Amoco Station Address: 390 Lexington Parkway North; southeast comer at Central Legal Description of Property: Lot 3, Block 2, American Building Company Plat 3, Ramsey County, MN (PIN # 35-26-23-32-0036) Previous Action: Zoning Committee Recommendation: Approval; vote: 6-0; Mazch 14, 2002 Plamiiiig Commission Recommendation: Approval; unanimous vote; March 22, 2002 My understanding is that tlus public hearing request will appear on the agenda for the April 24, 2002 City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6659 if you have any questions. ,-- Sincerely �, � �;a; ^^"�=� �='�'�� /}� ti �� (/ •�r�• _ r, �,`� C '`� ���� FOTICEOFPDBIdCHEARIPiG �:,.�<, v i � Yang Zhang CiLy P13Tlllei cc: File # 02-098-503 Carol Martineau Paul Dubruiel Wendy Lane Allan Torstenson AA-ADA-EEO Employer � � 1he Samt Paul C�ty Council a�7I con- duct a public heazm� on Wednesday, Apn1 24, 2002, at 5:30 p.m. in the City Councl Chambers, Third Floor City Hatl- Courthouse, 15 West Kellogg Boulevard, Samt Paul, MN, to consider the application of Joseph Sandhofrs to rezone properLy from RM 2 bIvlti-Family Re.sidential tn B-3 General Business to aIIow the eapansion of BP Amoco at 390 Ix.�ngton Parkway North. Dated: Apn12, 2002 NANCYANDERSON A.ss3stant City Council Secretazy (nlvit 4) S� PADL TBGAL 1IDf`d�'R 02055876 � , DEPARTMENT OF PLANiVNG & ECONOMIC DEVELOpIvfENT Torry Schenler, Interim Director CTTY OF SAINT PAUL Randy C. Ke11y, Mayor April 16, 2002 Ms. Nancy Anderson Secretary to the City Councii Room 310 City Hall Saint Paul, Minuesota 55102 1400CiryHaIIAnnec 25 Y/estFOUrth Sbeet SmntPau[,MN55102 Re' Zo nino FIle #02-098-503 Applicant: JOSEPH SANDHOFER o1-ya.y Telephone: 612-26G6565 Facsimile: 612-2283314 City Council Hearing: April 24, 2002, 530 p.m., Ciry Council Chambers Purpose: Rezoning property at 390 Lexington Pazkway North &om RM-2 (muitiple-family residential) to B-3 (general business) to allow the expansion of BP Amoco Station Planning Commission Recommendation: � Zoning Committee Recommendation: Staff Recommendation: Support: Opposition: District Councd: Deaz Ms. Anderson: Approve, vote: Unanimous. Approve, vote: 6 - 0. Approve. One. None. The District 8 Community Council recommended approval of the rezoning. This rezoning application is scheduted to be heard by the Ciry CouncIl on Apri124, 2002. Please notify me (266-6659) if any member of the City Council wishes to have slides of the site presemed at the public hearing. Sincerely, V �— Yang Zhang City Planner cc: City CouncIl members AA-ADA-EEO Employer � � � � city of saint paul planning commission resolution file number o2-18 date March 22, 20�2 o�_y�y WHEREAS, JOSEPH SANDHOFER, File #02-098-503, has petitioned under the provisions of §64.400 of the Saint Paul legislative Code, to rezone property located at 390 Lexington Parkway North, at the southeast corner of Lexington and Central, legally described as Lot 3, Block 2, American Building Company Plat 3, Ramsey County, MN (PIfV # 35-26-23-32-0036), from RM-2 Multi-Family Residential to B-3 General Business to allow the expansion of BP Amoco Station; and WHEREAS, the Zoning Committee of the Planning Commission, on March 14, 2002, held a public hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of §64.300 of the Saint Paul Legislative Code; and WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the pubtic hearing as substantiaily reflected in the minutes, made the following findings of fact: The applicant has requested to rezone property at 390 Lexington Parkway North from RM-2 to B-3 in order to allow the expansion of the adjoining Amoco Station. The current use of the property is a four-plex. A Special Condition Use Permit application submitted by BP Amoco for the expansion of the Amoco Station is concurrently under review. 2. The proposed rezoning to B-3 is consistent with adjacent B-3 zoning and is a reasonable provision to allow the expansion of an existing viable business. The - expansion will provide for ad�tional fuel service with the latest technological features, a new and larger auto-convenience market including a small cafe, Internet services, and a new car wash. Solar technology will be used in the canopy to generate renewable electricity directly from sunlight. 3. 7he rezoning is consistent with the provisions of the Saint Paul Comprehensive Plan. Lexington Parkway between Interstate-94 and University is very commercial and has a high traffic volume. The expansion of the Amoco station in question will help free up moved by Kramer seconded by in favor Unan�mous against Zoning File #02-098-503 Pianning Commission Resblution Page 2 land that is currently owned by BP at the northwest comer of University and Lexington. The Saint Paul Comprehensive Plan heavily emphasizes corridors for growth, and the northwest corner of University and Lexington, located along one of the most important transit routes in the metro area, has great potential of being transformed into higher density, mixed-use development. 4. Minnesota Statutes §462.357 provides that an application for rezoning from residential to commercial must be accompanied by a consent petition of the owners of two thirds of the properties within 100 feet of the property to be rezoned. Five signatures were required. Five were received. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that the petition of JOSEPH SANDNOFER to rezone property at 390 Lexington Parkway North, at the southeast corner of Lexington and Centrai, legally described as Lot 3, Block 2, American Building Company Piat 3, Ramsey County, MN (PIN # 35-26-23-32-0036), from RM-2 Multi- Family Residential to B-3 General Business is consistent with the Comprehensive Plan for the Ciry; and . BE IT FURTHER RESOLVED, that the Saint Paul Planning Commission does hereby � recommend to the Councii of the City of Saint Paul that 390 Lexington Parkway North be rezoned from RM-2 to B-3 in accordance with the petition for rezoning on file with the Saint Paul Department af Planning and Economic Development. � v�+� L/ J T U J p � O'a--`�,'a-`� From: Summit University Plazuung Council To: Yang Zhang BP Amoco Station's two zoning issues communit�, meeting was on February 26, 2002, at St. Peter Claver Catholic Church. This meeting staz at 7:pp pM �,Ith BP presentations of their propose plan of Amoco Station. OUTCOME: 1'I I'ES TO 3 NO/ For tezoning from RM_2 (lyTultipie_k'am�ly Residenfial) to B-3 for (Genera! Business) for expansion of BP Amoco Station. PROPERTY ADDjZESS: 390 Lexington Ave., SE corner of Central and Lexington. OUTCOMC: 271'ES to 31'VO/ �+or special Condifion Use perjnit f'or an auto � �anvenience market, and variances for parlctyay setbaek, distance of parking entrance exit from R-4 zon�d property, and screening for off-street parkillg. PROPERTX ADDRESS: 374 Lexington, E side between Centrai & St. Anthony. Any questions cdll, SUPC at 651-228-1855 or 651-222_0399 i Sz►in� Paw1 �Plaw�i�+gCoMrn;.ss�ah, M�r►uF�.S oF Ma,�tL► 2a.�oo�, III. �, Planning Administrator's Announcements Larry Soderholm reported that the City Council at its mee[ing this week ptoclaimed that Sunday, March 24, 2002, will be Kathie Tarnowski Day in honor of her retirement from the Macalester-Groveland Community Council. The Ciry Council also accepted the Planning Commission's recommendations about district councils and passed a short resolution thanking the Planning Commission for working on the issue. � � � \ � Mr. Soderholm reported that Clear Channel (formerly E[ler Media Company) sent LIEP a letter saying that they had also applied for billboards during the moratorium. The letter is under consederation by the Ciry Attorney's Office. This is connected to the outcome of the DeLite Outdoor lawsuit, in which the judge ruled that the Ciry must permit DeLite to build or modify biflboards that they applied for during the moratorium because the City failed explicitly to deny the applications within 60 days. Instead the Ciry returned the applications to the company with an explanation that there was a moratorium. Mr. Soderhotm reported that he is working on Mayor Kelly's Education Initiative. There will be a major workshop next Wednesday (March 27) in the afternoon on Community Responsibiliry for Educational Excellence. The main focus of the initiative is to enrich education with more volunteers to help with reading, computers, cultural awarenass, etc. Zoning Committee Commissioner Kramer gave the Zoning Committee report for Commissioner Field. #02-048-503 Joseph Sandhofer BP Amocol - Rezoning from�RM-2 (Multiple-Family Residential) to B-3 (General Business) for expansion of BP:Amoco Station.` 390 L`exington Pkwy. N., SE comei of Central. (Yang Z1�ang, 651/266-6659) :�; " Commissioner Kramer stated the District 8 CoFnmunity Council recommends approval. One party spoke in support. No one spoke in opposition. The pub(ic lieazing was closed. The Zoning Committee recommended approval on a vote of 6-0. MOTION: Canunissioner Kran:er n:oved tke Zoning Committee's recon:n:endation to �pprove tke reZOning. T/te motion carrierl unauin:ously on a voice vote. #02-098-551 BP Amoco - Special Condition Use Permit for an auto convenience market, and variances for parkway setback, distance of parking entrance/exit from R-4 zoned property, and screening for off-street parking. 374 N. LeYington, behveen Central & St. Anthony, (Yang Zhang,651/266-6659) Commissioner Kramer stated that District 8 District Council recommends approval. One party spoke in support. No one spoke in opposition. The public hearing was closed. The Zoning Committee recommended approval on a vote of 6-0. -— MnTION: Cnnrnrissinr�er XrnmeY �rrnveX77re Coi�:nri(te"ers recorirnrer:dat'ion lo hpprove flie Special Condition Use Permit. The ntofion carried wuutimonsly on a voice vote. � i ZONING COMMITTEE STAFF REPORT 6 �-'� ay � FILE # �2-098-503 1. APPLICANT: JOSEPH SANDHOFER HEARING DATE: March 14, 2002 6. 7. 8. TYPE OF APPLICATION: Rezoning 3. LOCATION: 390 Lexington Parkway North; southeast comer at Centrai 4. P{N & LEGAL DESCRIPTION: Lot 3, Block 2, American Building Company Plat 3, Ramsey County, MN (PIN # 35-26-23-32-0036) 5. PLANNING DISTRICT: 8 PRESENT ZONING: RM-2 ZONING CODE REFERENCE: §64.400 STAFF REPORT DATE: March 7, 2002 BY: Yang Zhang DATE RECEIVED: January 22, 2002 DEADLINE FOR ACTION: March 23, 2002 A. s B� C. D. PURPOSE: Rezoning from RM-2 Muiti-Family Residentiai to B-3 Generai Business to allow the expansion of BP Amoco Station. PARCEL SIZE: 6,500 square feet (50 feet on Lexington by 130 feet on Central), including half of the alley EXISTING LAND USE: Four-plex SURROUNDING LAND USE: North: Apartment buiidings across Centrai, zoned RM-2 South: Auto-convenience market (BP Amoco Station), zoned B-3 East: Church of St. Peter Claver, zoned R-4 West: Office buiiding across Lexington Parkway, zoned B-3 E. ZONING CODE CITATION: Section 64.400(a) of the zoning code states in part, "the councii may, from time to time, amend, suppiement or change the district boundaries or the regulations herein, or subsequentfy established herein pursuant to the provisions of Minnesota Statutes Section 462.357 and amendments thereto as may be made from time to time. The planning commission may, from time to time, review district boundary lines to determine if, pursuant to state laws, such district boundary Iines should be changed." Section 64.400(b) states in part, "an amendment to the zoning code may be initiated by the council, the plann+ng commission or by petition of the owners of sixty-seven (67) percent of the area of the property to be rezoned." • F. HISTORY/DISCUSSION: No history. Zoning File #02-098-503 Staff Report March 7, 2002 Page 2 G. DISTRICT COUNCIL RECOMMENDATION: No recommendation has been received at the time of the staff report. H. FINDINGS: The appticant fias requested to rezone property at 390 Lexington Parkway North from RM-2 to B-3 in order to allow the expansion of the adjoining Amoco Station. The current use of the property is a four-piex. A Special Condition Use Permit application submitted by 8P Amoco for the expansion of the Amoco Station is concurrently under review. 2. The proposed rezoning to B-3 is consistent with adjacent B-3 zoning and is a reasonable provision to allow the expan.sion of an existing viable business. The expansion will provide for additional fuel service with the latest technologicai features, a new and larger auto-convenience market including a smaA cafe, Irtternet services, and a new car wash. Solar technology will be used in the canopy to generate renewable electricity directly from sunlight. 3. Tfie rezoning is consistent with the provisions of the Saint Paul Comprehensive Plan. Lexington Parkway between Interstate-94 and University is very commercial and has a high traffic volume. The expansion of the Amoco station in question will help free up tand that is currentfy owned by BP at the northwest comer of University and Lexington. The Saint Paul Comprehensive Plan heavily emphasizes corridors for growth, and the northwest comer of University and Lexington, located along one of the most important transit routes in the metro area, has great potential of being . transformed into higher density, mixed-use development. 4. Minnesota Statutes §462.357 provides that an application for rezoning from residential to commercial must be accompanied by a consent petition of the owners of two thirds of the properties within 100 feet of the property to be rezoned. Five signatures were required. Five were received. STAFF RECOMMENDA710N: Staff recommends approval of the rezoning of 39Q Lexington Parkway North from RM-2 Multi-Family Residential to B-3 General Business. � • • MINUTES OF THE ZONING COMMITTEE • Thursday,Date of Hearing, 2002 - 3:30 p,m. City Council Chambers, 3rd Floor City Hall and Court House 15 West Kellogg Boulevard PRESENT: EXCUSED: OTHERS: PRESENT: Anfang, Alton, Gordon, Kramer, Mejia, and Morton Faricy and Field Carol Martineau, Patricia James and Yang Zhang The meeting was chaired by Commissioner Kramer. az-��y Joseph Sandhofer (BP Amoco) - 02-09&551 - Rezoning from RM-2 (Multiple-Family Residential to B-3 (Generai Business) for expansion of BP Amoco Station. 390 Lexington Ave. BP Amoco (02-098-551) - 02-098-551 - Special Condition Use Permit for an auto convenience market, and variances for parking setback, distance of parking entrance/exit from R-4 zoned properry, and screening for off-street parking. 374 Lexington Pkwy. N. Yang Zhang showed slides and presented the staff report. Ms. Zhang stated the Zoning staff and District 8 recommends approval of the rezoning and special condition use permit. � At the question of Commissioner Gordon, Ms. Zhang stated the building adjacent to the properry would be torn down and the residents have been notified. She also explained that the Amoco Station has been located in this location for a long period of time and this is a reasonable expansion. At the question Commissioner Alton, Ms. Zhang stated the Division of Parks and Recreation would carotenoid the landscaping and it would be coordinated through the site plan review process. � Ms. Linda Fisher, representative of the applicanl, explained that over a six month period they have fiad several neighborhood meetings involving the proposal. They also reached an agreement with St. Peter Cleaver Church involving the alley vacation. She also stated there have been some inquiries regarding a potential relocation of the 4-plex. Mr. Vitas Maciukevicius, Zoning Development Manager for BP Amoco, made a presentation of the site. Fie also explained that with the alley vacation it will become BP Amoco's property jointly with St. Peter Claver. It will be an access that provides ingress and egress for the churches buses and automobiles to their parking lot which wili be gated. The alley will be weli lit to prevent loitering. He also explained that he wasn't sure if the 4-plex was a movable building but if it was they would be willing to donate the building but would not pay the cost of moving it. He aiso said they would provide a copy of the pictures of the presentation for the files. He also stated the site includes a dispenser with a touch screen to check the weather and local and national news, there is also a cafe with an upscale coffee offering with sandwiches, soups, etc. Mr. John Sandhover, owner of the 4-plex, appeared and stated he signed a purchase agreement with Amoco in August of 2001, and gave the tenants notice at that time. BP Amoco is going to help them with funds to be relocated. Zoning fi�e #02-098-503, 02-098-551 March 14, 2002 Page 2 Mr. Juan Villawea, 1013 Igiehart, appeared in support and stated the BP Amoco site wouid be good for the neighborhood. No one spoke in opposition. 7he hearing was closed. Commissioner Morton move approval of the rezoning and the special condition use permit with the additional condition that the alley vacation be approved before the SCUP is granted. Commissioner Anfang seconded the motion. Commissioner Gordon expressed concern about losing the 4-plex for affordable housing. After further discussion the motion passed by a vofe ot 6-0. � � Adopted Drafted by: Yeas - 6 Nays - 0 ��'����d�_ mI e Pd A/ Carol Martineau " Recording Secretary Submitted by: Approved by: � ,�� ; � � ang ng i ard Krame Zoning Section Chair � PETiT10N TO AMEND 7HE 20NING CODE Deparlment of Plannircg and Economic Devetopment Zoning Seclion Z400 City Hall Anner 25 West Fourth Street "�' Saint Paul, HIN SSIO2-1634 (65Z) 266-6589 APPLICANT PROPERTY LOCATION Property Crty St. Paul $t MN Zip 55116 Daytime Phone 651-647-1117 Contact Person (if Addrgss / Location of the easterly Legat Description_ Ramsev Countv, Minnesota CurrentZoning RM-2 (attach additionai sheet'rf necessary) TO THE HONORABLE MAYOR AND CITY COUNCILc to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, Joseph R_ Sandhofer , owner of land proposed for rezoning, hereby petitions you to rezone the above described property from a RM-2 zoning district to zoning district, for the puspose of: Development of a BP Connect convenience store with self-service fuel pumps and a car wash by BP Products North America Inc. (attacfi additional sheet(s) 'rf necessary) Attachments: Required Site Plan � Subscribed and sworn to befo�e me this � �� day � � ) 4 N . . 20�. Consent Petition � �---°� �•� zevra,rueaflasso � NOTA4f PUBI,IC�tYJ�'qTA MY COMMISSION EXPIRES !' a'UARY 31, 20Q5 � � �`�� �� ��� - v � - Aftidavit �1 Eee Owner �-Zz ez \,2ti �v Page 1 of _ o�.- y�y LARKIN, HOFFMAN, DALY $C LINDGREN, LTD. ATTORNEYS AT LAW 7anuary 22, 2002 1500 WELL9 FARGO PLA7A 7900 XERXES AVENUE SOUTH BLOOMING70N, MINNESOTA 55431-7194 7ELEPHONE(952)8 FAX (952) 896-3333 Mr. 7oe1 Spoonheim City Planner City of St. Paul Department of Planning and Economic Development 25 West Fourth Street St. Paul, Minnesota 55102 Mr. Tom Beach Zoning Specialist City of St. Paui Office of Licenses, Inspections and Environmental Protection 350 St. Peter Street Suite 300 St. Paul, Minnesota 55102 Re: BP Products North America Inc.—BP Connect, Southeast Quadrant of Lexington Pazl.�vay and Central Avenue, Applications for Rezoning, Special Condition Use Pemut, and Variances and Petition to Vacate Public Alley Our File No. 14,918-67 Deaz Joel and Tom: � BP Products North America Inc. ("BP'� has applied to the City of St. Paul ("Cit}�� for approval of a rezoning, special condition use permit, variances and site plan for a company owned and operated BP Connect store (`-`ProjecY'� on .72 acre_of land ("Site") at the southeast quadrant of Lexin�ton ParkwaY and Central Avenue. BP has aiso petitioned the City to vacafe tfie public aYieythatadjoins-the-Site onthe _. east. (The rezoning, special condition use permit, variances, site plan and vacation petirion are hereinafter collectively referred to as the "Application"). The Site consists of five platted lots—Lots 3-�� B�t 4-7 American Building Company Plat 3, Ramsey County, Minnesota. BP owns the south four lots, �� which currently include an Amoco gas station/convenience store and a caz wash. BP has contracted to purchase the north lot, Lot 3, which currentiy inciudes a multi-family dwelling. The existin; buildings on WMELT.IfApIEG � PaKN.MCpOlLLLL I :\V S MUXTA' JYESM. SVYI" C.W4lJ. &LLlATIME ��v£'o. oun� �i.�0. 4LLv icsowtrrtru+rE.m na.w�as�, oaro�n ^ x.utx�n�. wca C�YM+AK IaA� ua.MD.trVOSfOPHEPSaM A'eILJ.flN1Q�ETT CCCYYINSEL J.WESP.IAPpN' J.iCKF. PALY o �xn�uxoc.'ex • ,LL5ppG1Y}1md'At � Qry�yj^yTfEpMCWA JpRlR 19LL PEfERJ. COttE wwro.wATix JatE E SIEMER JC1NJ. SfEREM1UGB1 MICXPElJ.51A uWnEW F. PFANl1 FREGEfUtl( W. MEBt➢W LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Mr. Joel Spoonheun • January 22, 2002 Page 2 OZ.- 4 �� the overall Site will be replaced with a 4,272 square foot convenience store with self-service fuel pumps and a 792 squaze foot attached car wash. Automorive repair will not be provided on the Site. The BP Connect store will feature the Wild Bean Cafe. The Wild Bean Cafe v�rill offer gourmet coffee, a selection of herbal teas and fountain beverages, distinctive breads and pastries baked in the cafe, specialty soups, custom-made sandwiches and fresh salads. In-store Intemet kiosks will allow customers free access to weather updates, local traffic reports, directions, breaking news stories and information on special store promotions. Wide-open aisles and lower display shelves make products easy to find and reach. Expansive plate glass windows wiil allow customers to see products from the outside. Parking is conveniently located in front of the BP Connect store. The Project will feature a full slate of Amoco fuels, which Americans rank highest in quality. This inciudes Amoco Regular, Amoco Silver Mid-Grade, and Amoco Ultimate, BP's uniquely formulated premium gasoline, that has lower sulfur content, which lessens the level of harmful emissions. At the futuristic-looking fuel pumps, busy customers can use "touch-and-go" screens to pre-order sandwiches and drinks, and obtain locai news, traffic and weather information. A solar canopy over the fuel islands protects customers from the elements and allows daylight to shine throu�h to create a bright, � open and friendly environment. Thin-film solar technology will be embedded in the canopy and will generate renewable electricity directly from sunlight. The BP Connect store wili be a one-story structure approximately 16 feet in height. Exterior materials include brick, stucco (EIFS), and aluminum clad material (ASM) in monochromatic taupe tones and an aluminum and glass storefront anrl entry system. Aluminum and glass overhead doors will also be used at the car wash bay. The detached trash enclosure, located southeast of the BP Connect store, will be constructed of similar building materials and will have an 80% opaque surface for enhanced screening. Project lighting meets applicable City Code provisions. Pazking lot lighting will include shoebox fixtures with metal halide lamps on 20 foot tall poles. Photometric drawings submitted with the Application illustrate that the Site will be weil-lit for crime prevention puiposes. Site lighting will be d'uected downward and will not spill over to adjacent properties or roadways. The BP Connect store will be lit by wall-mounted fixtures with solid fronts that will serve as accent lighting. Security lights will be used at entry azeas and in the rear of the building. Proposed Project signage consists of an existing high-rise sign with a new sign face at the southeast comer of the Site, an existing pylon sign with a new sign face at the southwest comer of the Site, and wall-mounted signage on the front of the BP Connect store. There will be no signage on Central Avenue. Directional signage and traffic control si�age will be used as needed as shown on the submitted site plan. The submitted landscape plan incarporates a variety of species. 7apanese red spirea, hardy rose, mugho • pine, techny arborvitae, flowering crab, and Redmond linden wiil be planted alon� the north, west, and south perimeter of the Site. Particular attention has been paid to the Lexin�ton Parkway and Central Avenue frontages. Masonry piers with wrought iron fencing are proposed to coordinate with the exterior materials of the BP Connect store, to reinforce the parkway image along Lexington ParkwaY, and to LAxKIN, HoFFMat�t, DaLY & LINDGREN, L'tv. Mr. Joel Spoonheim January 22, 2002 Page 3 � assure an overall pleasing environment. Six azborvitae, trimmed at approximately 6 feet high, will be planted azound the trash enclosure to maacimize screening and buffering of the structure. Three access points are proposed to LexingYon Pazkway; the south curb cut will be restricted to right tum- out only; the middle curb cut will allow for both right turn-in and right tum-out movements; and the north curb cut will be restricted to right tum-out only movement consistent with the existin� Lexington Pazkway median. Access to and from Central Avenue will occur at the 24-foot shared full access driveway shown on the submitted site plan. Assuming vacation of the alley as described in greater detaiI below, the existing curb cuts at the south end of the Site adjacent to St. Anthony Avenue will be closed. This will eliminate some existing cut-through traffic. u The Project meets City parking requirements. Nineteen parkin� spaces are required and 19 parking spaces are provided. Stacking for the car wash is adequate and should present no circulation problems. The Church of St. Peter Claver ("Church") is located across the existing alley immediately to the east of the Site. The Church school has reopened and the Church now proposes to construct a buildin� addirion of approximately 18,400 squaze feet in order to provide a new gymnasium, and enpanded administrative and classroom facilities. In July 2001, the City Board of Zoning Appeals approved several variances required for the Church's proposed building addition. Representatives of BP and the Church have met on several occasions to discuss each party's concerns � about their respective development proposats. BP and the Church have agreed on a conceptuaI framework pursuant to which the Church has consented to the rezoning of the north portion of the Site being acquired by BP and has joined in BP's petition to the City for vacation of the alley adjacent to both properties. BP and the Church have also a�eed that the Church will sell to BP that portion of the vacated alley that will accrete to the Church at a price to be determined pursuant to an appraisal by a qualified appraiser acceptable to both parties. Assuming necessary City approvals and conshuction of the Project, the vacated alley will become a common driveway between the Site and the Church property. BP and the Church intend to enter into a separate written agreement providing for easements over the common driveway and maintenance of the common driveway. The easement agreement will specify that BP is responsible for maintenance and repair of the common driveway arising out of normal wear and tear from vehicles traveling to and from the Site and the Church property. BP and the Church have also agreed that when and if BP obtains all necessary Project approvals and begins construction of the Project, BP, at the same time, will construct a black cyclone fence adjacent to the common driveway along the west side of the Church property in the approximate location shown on the submitted site plan. A sample of the proposed fence has been provided to the Church and will also be - — — -- p — - submitted to 4he Cify: The fence wilY inctude a non-moto�izeds&ding Sate at the access oint to an m the Church pazking lot and the common driveway. There will be no pedestrian access and the Churcli wi11 control operation of the gate to ensure the safety of inembers of the Church, teachers, students and church Ch hwillbe visitors. After BP constructs the fence and gate system on the Church property, the urc � responsible thereafter for the operation, maintenance and repair of the fence and gate system. LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Mr. Joel Spoonheun January 22, 2�02 • Page 4 Rezoning pi-ya-� The Site currentiy includes two zoning districts. The south portion of the Site, L,ots 4-7, wiuch is currently owned by BP, is zoned B-3 General Business District. Auto convenience stores and caz washes aze special condition uses in the B-3 District. The north portion of the Site, Lot 3, is currently zoned RM-2 Medium-Density Low-Rise, Multipie- Family Residential District. The proposed Project is neither a permitted nor a special condition use in the RM-2 District. Therefore, the current fee owner, 7oseph R. Sandhofer has petirioned the City to rezone Lot 3 from RM-2 to B-3 General Business District to allow construction of the proposed Project on the entire Site. Lot 3 is located in a busy mixed-use azea across Lexington Parkway from preperty zoned RM-2 and B-3. South of University Avenue and north of Central Avenue the surrounding properties are zoned B-3 and RM-2. East of Lot 3, and south of University Avenue, the surroundin� properties are zoned R-4. Over the ]ast few months, BP has initiated an ongoing process of coordination with owners of adjoining properties and the a£fected neighborhood groups. As described in the preceding section of this letter- memorandum, extensive coordination has taken place between BP and the Church of St. Peter Claver. � Adjoining property owners within 1,000 feet of the Site have also been involved in the development of the proposed Project and have consented to the submitted rezoning petition. One neighborhood meetin� has been held and coordination with Aurora-St. Anthony and the Summit-University District Council has begun. Based on Summit-University policy, BP expects to meet with the Summit-University District Council prior to the public hearing before the Zoning Committee of the Planning Commission. Special Condition Use Permit Assuming approval of the property owner's rezoning petition, the entire Site will be zoned B-3 General Business Disttict. Auto service stations, auto convenience mazkets, and auto specialty stores, as regulated in the B-2 District are principal uses permitted subject to special conditions in the B-3 District (Zoning Ordinance, Section 60.564(1)). Car washes which can be completely enclosed when not in operation aze also speciai condition uses in the B-3 District (Section 60.564(7)). The Project meets the criteria for approval of a special condition use permit set forth in Section 64300(d) of the Zoning Ordinance: 1. Substantial Compliance with the Comprehensive Plan. The entire Site is designated Neighborhood Area in the St. Paul Comprehensive Plan (Figure Y . Generai Land Use Plan Map). The General Land Use Plan Map is a concept map that conveys policy directions, but does not provide specific land use designations for individual pazcels of land. As noted in the implementation section of the land use plan element of the City Comprehensive Plan, unlike the clear separation of land uses typically found in suburbs, the St. LARKIN, HQFFMAN, DAI.Y & LINDGREN, LTD. Mr. Joel Spoonheim 7anuary 22, 2002 Page 5 Paul Land Use Plan ". ..seeks to increase the fine-grained mixture of different land uses." The proposed Project is consistent with the mixed-use intent of the Comprehensive Plan. 2. Adequate Ingress and Egress to Minimize Traffic Congestion in the Public Streets. The use provides adequate ingress and egress to minimize traffic congestion in the public streets. The Public Works Deparhnent has reviewed and approved conceptually the access and circulation shown on the submitted site plan. Traffic travelin� to the Site from I-94 will enter and exit the Site from I,exin�ton Parkway. Traffic southbound on Lexington Parkway traveling to the Site will enter and exit the Site from Central Avenue and the common driveway to be created by the proposed vacation of the easterly adjacent public alley. Tanker trucks will enter at the center Lexinb on Parkway curb cut, tum, and exit at the north, right-out-only curb cut onto Lexington parkway. Assuming City approval of the requested vacation of the public alley, the existing curb cuts to and from St. Anthony Avenue wilI be closed, thereby etiminating some existin� cut- through traffic. Relatively low traffic volume is expected at the caz wash driveway e�it to Lexington Pazk�vay at the south end of the Site. 3. The Use Will Not be Detrimentai to the Existing Character of Development in the Immediate Neighborhood or Endanger the Public Aealth, Safety and General Welfare. � The Project is compatible with the existing character of the surrounding nei;hborhood. The land � use proposed for 1he Project is substantially similar to the existin� use on the south portion of the Site. The Wild Bean Cafe, the Intemet technology and convenience store decor and design collectively represent, however, a substantial upgrade and improvement over the existin� facility on the Site. New landscaping will be planted and an attractive streetscape composed of masonry piers wiih wrought iron fences will be installed along the Lexinb on Pazkway and Central Avenue perimeters. This will substantially enhance the overall appearance of the Site. The proposed Projectwill be operated by BP company employees. This is a substanrial change from the existing conditions and will allow BP to exert much greater control over store operations. BP intends to be actively involved with the City, the neighborhood, Aurora-St. Anthony and the Summit-University District Council in addressing and resolving, as expeditiousfy as possible, public safety issues that may arise from time to time in the surrounding area. 4. The Use Will Not Impede the NormaI and Orderiy Deveiopment and ImprovemenY of the Surrounding Property for Uses Permitted in the District. The use is consistent with the mixed-use concept for the azea established in the City _. Comprehensive Plan. The Project represents a substantial npgrade and improvement of the _ — , -- existing facility on the property and should serve as a positive cataiyst-for improvement-o --_-. surrounding properties for uses permitted in the existing zoning districts. • LARKIN, HOFFMAN DAL.Y & LINDGxEN LTD• Mr. 7oe1 Spoonheim • 7anuary 22, 2002 Page 6 t>�-L'�1 a-y 5. The Use Conforms to the Applicabte Regulations of the District in Which It Is Located. The Project meets the intent of the B-3 General Business Disriict which is to provide sites for diversified types of businesses located along major traffic arteries or adjacent to the community business districts. The Project complies with the specific conditions to the proposed special condition auto convenience and caz wash uses set forth in Section 60.564(i), Section 60.544(4), and Section 60.564(7) of the Zoning Ordinance. In the B-3 District, auto convenience stores aze special condition uses as regulated in the B-2 District. Section 60.544(4)(a) requires the construction and maintenance of driveways, curbs, sidewaiks, pump islands or other facilities to be in accordance with current City specifications. The preliminary review by the Pianning, Zoning and Public Works Departments indicates that the Project meets this criterion. Section 60.544(4)(b) of the B-2 District requires a 10-foot buffer area with screen planting and a wall or fence along any property line adjoining an existing residence or adjouung vacant land zoned for residential use. As shown on the submitted site plan, a 10-foot landscape buffer is provided along Central Avenue adjacent to existing residences, to�ether with an omamentai fence wrapping around the comer of Lexington Parkway and Central Avenue. T'he adjoining Church property is partially developed so this section does not apply to it. � The Project also meets the criterion in Section 60.544(4)(c) of the B-2 District because the 31,366 square foot lot azea of the Site exceeds the 12,000 squaze foot minimum size for auto convenience markets which do not include automobile service. The proposed car wash complies with the special conditions applicable to car washes in the B-3 District as set forth in Section 60.564(7) of the Zoning Ordinance. The access drive to the car wash is located more than 30 feet from ali existing public street intersections. Also, the car wash line exit is at least 30 £eet distant from any street line. Variances The Project requires the following variances: 1. Parkway setback under Section 61.103(g). . Canopy (19 feet, 3 inches provided, 25 feet required) . Pazking (10 feet provided, 25 required) . Building (15 feet provided, 25 required) 2. Entrances and exits to and from the pazking facility under Section 62.104(9)(c). This section requires that entrances and exits to and from all parking facilities located in Iand � zoned other than R-LL, R-1 through R-4, RT-1, and RT-2 shall be at least 25 feet from any adjoining property in R-1 through R-4, RT-1 and RT-2 zoning districts. This variance may or may not be needed depending on the final location, design and zoning district of the shared driveway to be created by vacation of the public alley beriveen the Sitz and the LARKIN, AOFFMAN, DALY & LINDGREI�I, LTD. Mr. 7oe1 Spoonheim January 22, 2002 Page 7 Church property. At present, as shown on the site plan submitted with the Application, the residentially zoned portions of the vacated alley are proposed to tse rezoned to B-3, the currently proposed distance between the entrance and exit to the BP pazking facility and the Church property line is approximately 24 feet, as opposed to the 25 feet required by the ordinance. Therefore, a 1 foot variance is required. Please note, however, that assuming approval of the petition to rezone the residentially zoned portion of the alley to B-3, a variance is not required to Section 62.104(9)(b) of the ordinance which states: "Entrances and exits to and from a pazking facility in a commercial or industrial zoning district shall not be across land in a residential district " � 3. Visual screening for off-street parking facilities under Section 62.104(12) and Section 62.IQ7. These sections require a 4 foot, 6 inch minimum height visual screen for the ProjecYs off-street pazking located completely within the lot line and conforming with front yard setback lines in residential districts. The Project does not strictly comply with this requirement. However, Section 62.107{b)(4) does provide that a required visual screen may be located on the opposite side of an ailey right-of-way from the non- residential zone when mutually agreeable to ali property owners in� Maintenanca is the responsibility of the person required to erect the screen. As deseribed in the introductory pazagraph of this letter-memorandum, BP is proposina to install a black � cyclone fence visual screen on the Church property with maintenance, after installation, to be the responsibility of the Church. BP asks City staff to apply this code provision to the facts presented and determine if the variance is in fact required. If so, BP requests City approval of this variance as part of the Application. Section 64.203 of the Zoning Ordinance specifies the criteria that must be met for approval of the requested variances. The Project complies with these criteria as follows: (i) The property in question cannot be put to a reasonable use under the strict provisions of the City Code. The Project is a reasonable use of the Site consistent with the existing land use guiding of the property. It represents a substantial upgrade and improvement of the existing facilities on the Site that cannot be accomplished Rithout the variances that have been requested. • LAxxiN, HoFFMAN DALY & LINDGREN L�. Mr. Joel Spoonheim OZ-- ya� � 7anuary 22 2002 Page 8 (2) The plight of the landowner is due to circumstances unique to this property, and these circumstances were not created by the landowner. The configuration of the Site, together with the extraordinary setback required from I.exington Pazkway on the west, are unique circumstances «•hich substantially constrain development of the Site for the existin� guided and zoned land uses. These circumstances aze unique to this property and were not created by the landowner. (3) The proposed variance is in keeping with the spirit and intent of the Code, and is consistent with the health, safety, comfort, morals and welfare of the inhabitants of the City. The variances will permit BP to develop a company-owned BP Connect store that will be a substantial improvement over the existing facility on the Site. Company ownership will allow the applicant to exert greater control over store operations than presently exists, which will substantially improve the public health, safety and welfare. • BP has worked extensively with the Church to address mutual development concerns and to develop a proposal that addresses its health, safety and welfare concems. BP has also worked closely with residents across Central Avenue to the north and has ineorporated landscape features in the submitted site plan recommended by adjoining residents. The technical variances requested from the extraordinary setback along Lexington Parkway will not a£fect area residents and are mitigated by the attractive, improved streetscape consisting of a combination of masonry piers, wrought iron fence, and landscape plantings. (4) The proposed variance will not impair an adequate suppiy of light and air to adjacent property, nor will it alter the esseutial character of the surrounding area or unreasonably diminish established property values within the surrounding area. The Site currently includes iwo stnxctures: an Amoco gas/convenience store on Lots 4-7 and a multi-family building with a frame garage on Lot 3. The proposed Project will replace these existing structures with a new BP Connect store, caz wash and self-service fuel pumps oriented to Lexington Parkway. The requested setback variances along Lexington Parkway are technical in nature and will not impau light and air or alter the character of the area. Screening is provided between the Site and the residences across Central Avenue to the north and public safety and access concems of the Church have been resolved. The land use proposed for the Project is substantially similar to the existing land use on the south portion of the Site, � although the Wild Bean Cafe, Internet technology and convenience store decor and design will result in a substantially enhanced look and feel to the properiy. LA�, HoFFMax, Dnr,Y & Ln�rDG�rr, L�. Mr. Joei Spoonheim 7anuary 22, 2002 Page 9 Therefore, the Project is not expected to have a negative impact on property values in the surrounding azea. (� The variance, if granted, would not permit any use that is not permitted under the provisions of the Code for thE property in the district Fvhere the affected land is located, nor would it alter or change the zoning district classification of the property. Auto convenience stores and caz washes are special condition uses in the B-3 zoning district. (� The request for variauce is nat based primarily on a desire to increase the value or income potential of the parcel of land. The variances are based primarily on the applicant's desire to substantially upgrade, modemize and improve the existing facilities on the Site and to serve the surrounding neighborhood consistent with the neighborhood area/mixed-use designation of the Comprehensive Plan. Petition to Vacate Alley The Applicarion includes a petition to vacate the 20-foot public alley adjoining I.ots 3, 4, 5, 6 and 7, Block 2, American Building Company Plat 3, according to the recorded plat thereof and situate in Ramsey County, Minnesota. The alley vacation is required to construct the proposed Project on the Site because the Zoning Ordinance generally prohibits alley access ta and from non-residential property. The alley to be vacated will be used as a common driveway between the Site and the easterly adjacent Church property as described in the introductory section of this letter-memorandum. The grade of the alley will not be substantially altered and no permanent structures will be erected in the vacated alley. Procedure for Review of Overall Application Pursuant to pre-Application discussions with City planning and zoning staff, BP requests that tbe variance component of the Application be combined with the special condition use permit and rezonin� components of the Application and be heazd by the Zoning Committee af the Planning Commission at one consolidated public hearing. Under this procedure, the Planning Commission wouid take action on the speeial co�dition_use permit and_v_ariance_components, subject to appeal to the City Council under the Zoning Ordinance. The rezoning component of the Application wouId require a pnbIic hearing and final action by the City Council. • s The petition to vacate the public alley would follow a separate review process involving City staff review � and a public hearing before the City Council. � � LARKIN, HoFFMAN, DALY & LINDGREN LTD. Mr. Joel Spoonheim � January 22, 2002 Page 10 O Z.-`i Z`�. Please confirm that this procedure is acceptable. Also, if you have any questions concerning this letter- memorandum or the submitted Application, please give me a call as soon as possibie. Sincerely, �.� ����,,, Linda H. Fisher, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. cc: Vitas Maciukevicius, BP Products North America Inc. Jeff Wurst, BP Products North America Inc. 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"�...� .: � . a � • � _ � � n . ` C} ? . s � � � � � 1 , �� � a ^ s � � . �' . a a � °- s i #,' i� $, � � {� f 91 o �.-y�y � � � ,. .�� .:. � �`� � �� �:: T ti 3 s � � Z o � m � � a X +-' � � J �h r c� „^J . � t� � c _�. 69 � � z w J A r n x cc c � :� z- � , �; %Y � � '�,\t f ; � , � , 1 • e . k ��� � Il � � +.� a � y � N .° l �'�` • ��1 K ¢�.. r �,�;_ _�., ..:.�` �_ : • • � � ZOrTING PETITION LIST oa-4iy } As requested, attached is a list of all praperty owners within 100 feet of the properry which you aze requesting a zoning application. As a condition of your application, you are required to submit �vith your application a consent petition signe� by a minimum two-Lhirds of all the property owners �vithin 100 feet on ttte attached list. Only persons listed as "fee o�vner" or "homesteader" are eligible to sign your petition. Petsons listed as "taepaper" are not eligible to sign your peticion since they do nat hase fuIl ownership of the properry. A ptoperry owner may sign tae petition as many tunes v they are listed as an oivner within 100 feet. Only one signaturz per property is counted as an eli�ible signer of the petition. Also attached are the petition form, affidavit, and application materials. � • � total properties are tivithin 100 feet of the property for zonin; action and eli�ible to si�n your petition. total signacures are required for a minimum two-thirds conser.� and a s�fficient petition to proceed �vith your zonin� application. Please return this list along tivith the original petition fom, aff�da�•it, applicz:ion anc� an}' additional supportin� information and material that is par� of your applicatioa. Rezonin� petitions must be received and held in thz Zonin; office 7�vorking �y's prior to any application cut-off date. If you have questions about this list or any questions re�arding this process, ptease czll the Zonin� office at 266-6589. � -. Jul. 2• 2001 12:23PM . K K DESIGN . _ No•0539 . •- ; -?��i:=• �.. . . . _ • . - � - . � CI�'�' O� SA.�TT' P.A.UL, � CONSET�TT•OF ADIOIrIING PROPERTY O�YNERS FOR A � .FtEZOlYIlYG P. il/15 . � W.e, the undersigned, otuncrs of the property �vitisin" i00 feet oCQ�. (ota} conliguotts dcscrifltion of ceT�t � oivned,•purcl�ued, ocsold by THE PET[Ttp, [GR within one year preeedin� the date of this petition- ackno�vtedoc that �ve liave bcen presented i�•ith tlie folloti��ng: 1. Acopy ofEl�epetitionoP BP Froducts Nortfi.Americ� Inc. � (name of netitioner) to reione tltc property fdcate� at 390 Lexington Parkway (PIN 352923320036} aud the ' � J residentiaZly zone por ion a easter a �ac nt alley ''front n � zonino diStrict fo a•� B— � zoning �+istriet. to be vacate�d. 2. A eo�y of sections 60.512 t}�raueh 60.564 ��nclusive oFdie Saiat Paui Zoning Code; 2nd ncknoivlcd tl�at tive flre a�rare oFnt1 of tfu usa permitted in a B-3 zanino district an�ve are n�vare tGat any of tliae t�ses can be estabtished upon Ciry Coincil approval of the razaning. Nc hcreby . eoasent tQ tfte rczonino oEthe propercy in @ic pe�ition of; - BP Products North America9��c. foa B zortitigdistricE. (Nanie of petition�r) SYc consent to tiee zpprova} of fhis rezonina as if Svas explained fo us by the �pplic�nt or hisliier represenfafive. E0037 . � Amoco Oil Comnanv � �° 352923320038 �Amoco Oi1 Company 390 Lexington Pkwy ' Joseph R. Sandhofer 352923320033 1085 Ceutral 352923320035 375 Oa£ord S 352923320056 � . Adonia Mayett� West Ave. or _TsiaJ-' � L •or Sia %iong A��• Khoi Ba Nguyen or Song.Hoa T. Dang C St. Peter � � l �)/UZ- ' /�� i/� _�LZ � b 2_ l ��/G� . �� ��� f D//�/�O� 1 � � . i�'OI�: This petition shal( notbe considered as officially f led unti( the Iapse af seyen (7) �ti•orking . days after it is reeeived by the Planriing Division. Any sigre'o: of this p��ition m�� �vithdra�rhis/her name thcrefrom by tvritten request tivithin fhai tinTe: -�, -,' � � � �ul. 2. 'tuul 1Z:'Z3PM . K K DESIGN. _ � • - • ; -z •�' `' ' _ ". � . - _ - , _ . - -.� CZ�� O� SA.�;TP�S.UI, -. No.0�39 P. 11/15 � � ' ba,-"►a�1 CONSENI'.pF ADJOIi�IING PROPERTY O��RS FOR A � .F�'�OIYIlYG \Y.e, the undersigned, ativncrs of ftec ro c �� �� P P rtY��sQiiniOQ£cetofil�iota(contiguausdcscri�stiono�ieaTe�t Y� , aivned,�purci�ased, ocsoId by THE F'ETtTIO�tER �vithin oae ycar pcecedin� the date of this petition. acknotirledgc d�at tve Itave bccn presen[ed ti�Zth ttte fotloic tng: 1. A copy of Ihe peti[ion of $P Rroducts North .9merica .Inc, � . Cnan�e of octitiontr) _ to re2one die pcogerty Eocate� aS 390 Leaington Parkway (PIN 352923320036) aad the ' � residentially zone por ion o e 6aster a �acent alley- ''from a � zonino district to a B— � _ zoniag c�ist�iet. to be vacate�d. 2. A eopy of sections 60.512 throuett 60.564 . qn�j��v� of the Saint Paal2oning Code; znd ncknotvlcdae Eliat �ve nre au�rz oFn1I of Au eises permitced in a B-3 zonine district zn�sve are n�vare that any otthese uses can be establisiud upon City Couuil appraval oF the razoning. SVc hcrcby _ eonse�it to tlte rcza�i�eo of tlee nroperty in thc petition af; BP Products North Ameri¢a .��c. ta a B zonino disECict. (Nameofpetitionerj � �Ye consent to tIee np�roval of fhis rezoning 2s if t�vas ekpllined fo us by fhe PPjFCanf or hisllier represenfativc. 3529233�0037 Amoco Oil Company 352423320038 Amoco Oil Gompany 39d Leaington,Pkwy ' 352923320036 Joseph R. Sandfiafer � iaas Ave. 352923320035 375 Oaford Street Adonia MayettG West May Les or,Taia-� Lee •or Sia %iong . - Rhoi Ba Nguyen or Hong.Hoa T. Dang Churcfi-o£ St. Peter Cla � � � I�OT�: This petition shall not.6�considued as off�cialty filed untit the lapse of sayen (7) esark�ng . daysafteritisreeeivedbythePlanriingDivision.,4nysignz;o_ofthisp��itionma�withdra�rhislher name ihereErom by wr'�tten requesl.tivithin fhai tin�e: ': ,- .`� S'�TI�'ZOI�T TO R�ZOI�'� - .°;_, �. .AT�IDAVIT , , , ', ' OF PETIT'ION�R. STATE OF MTt1i�FESOTA) COUVTY OF•RAIv1SCI' ) : SS * �. • Th� petitionec, 7oseph R_ Sandhofer , h.ing first dnly sno:et, deposes and state; fhat tlte consent pzlitioa contains sia_nahires from at Ieast 4�vo ( o� ail eli�ibte pruperties ��rithiit 100 fzet ofall propert}• o«•n�d, purchasad, or sold bypetition_r �richin one (1) g•ear przcedia� the dlte of this p_tition tirltich is conli�uous to tha p;op�rty described in the petition; petitioner is informzd tliat the consent petition mwt contaia sigaattuzs from each a nd 21! o�cners of jointty-on•ned propzrty in ordgr to cons[iEUEe eonsent from that prop�Ry and that faite�re to oUtain consent.from each and a11 ot+.nen couId imatidaEe iheconsentp�tftion; peticione� 5etic�•es that the eons�nt petiteon �4�s signed by eech of said ownecs zcd tha[ tnc si�natures acz the tcue and conzc[ signatures of eactt and all af the parties so d:scribed. . . � C-\��bN hU.CIIR. � — 2Z DZ� ` - I�Aiv1E � 1705 Savard Avenue , /4DD�SS St. Paul, Minnesota 55116 651-647-1117 7ELEPHO� IE IQU�4BER Subscribed and s�rorn to b�fore me this 2r-nQ - day of c ._ ,� �-o° Z . • .a . : i�'OTAR1' PUBLIC � � , . :.., .. ��,. . � - � ' ,�..•, � �; �- .. �.� ��. Pzge � C� I/31197 _ �u . c �uu c•corn n n utai�iv No•U539 P• 1"1/15 • . . o� y�y • AFFtDAVlT OF PERSON GiRCULATlNG THE CONSENT FETITION STATE OF fVIINNESOTA) . :SS COUNTY OF RAMSEY} JOHN PETER KOSMAS , being firsf duEy sworn, d=poses and states that he/she is the person who cir�ulated the consent petition coasisting of _ pages; that a�ant represents fhat the_pa�kies described on the consent petitian are ail fhe respeciive a�tvners of the properties pfacad immediatety before each name; that affsant is informed and believes that each of the parties described on the consent pefifion is an owner of the property which is within 100 faet of any property owned, purchased, or sotd by petitioner within one (1) year preceding the date of this petition which is Y _ contiguous to the property described in the petition; t� "' ' `""" ''^^"'' `.. , and tfiat fhe signatures are the true and correcf signatures of each and ail of the parties so described. � E ` Subscribed and swo n io before:me � this �day of �f,d�t�n�, Z00 � �l,i i �,� � :.� // � � .� • , . �' �, a�naavNatm�o ��° xme�nnac—ue+�^ $,m„ urm�ada tn�. • . � �� � �/J'i '_ � � �, � � . � � � � � � � - � L.�JIL.-. ' � � .��' �s - g2a- 3a� : TEIEPHONE NUMBER Page of 113/00 Jul• 2� 2001 12:23PM K K DESIGN No.0539 P. 12/15 AFFiDAVIT . OF PERSON CIRCULATlNG THE CONSENT P�TITlON • ., STATE OF NIINNESOTA) . COUNTY OF RAMSEY) SS Linda Fisher , being firsf duly sworn, dsposes and states that he/she is the person who cirEUlated the consent petition consisting of _ pages; that a�ant represents that the,pa�ies described on the corisent petifian are ali the respective owners of the proPerties pfaced immediate(y before each name; that affiant is informed and be{ieves that each of the parties described on the consenf pefffion is an owner of the property which is wifhin 100 feetof any property owned, purchased, or sold by petitioner within one (1) year preceding the date of this pefition which is � contiguous to the property described in the petition; t` -` "' -`��'�� °'^^^'' `.. and that the signatures are tfie true and corcecf signatures of each and a(1 of the parties so described. ,. Subscribed and sworn to before:me . ihis 31 ay of December , 2001 1500 Well Fargo Plaza ADDRESS ' 7900 %erxes Avenue South 95g��9�g�glb � 55431 TELEPHONE NUMBER � �-� � NAM E Larkin, Hoffman, Daly & Lindgre / / i/ / � ,� :��.. �i � s �• %�� �,a�-�a, MARILYNJ.kIWAR4 ��� xo�annsuc-uas�m �• urcm.�etw � ..� Page of il3/00 � CCNTRAL A VL'NU� l\ � 1 � � g l\ � � � z-sraxr eaicx I 3 i: BUILDWG NO. 390 _ 3qo �. — Q -. � � ,_510RY � FIEANE GPRAGE � 0 0 '� � o � � � o �I -� i-STORY BRICK BUIL�ItiG W O $FRNCE STA110N . L N0. 2087 a — — g ° . 6 3 � �. ,ry,�y� �- J � o ��_ � _� ` a ^ —� , ) 8'� �� 0 � � WEST N 120.00 _� �) ST. ANTHONY A VENUE (/N'J'l;Rb%fl7E !/1VY. NO. :l-/ /;l'!7' ltA�IlPI r � 0 � 8 ' N ALLEY �1 � ��� � �2� C�!-f{,1 R�,(k � ��� � (��► �. PROPOSED ALLEY VACATION EXHIBIT FOR. NORTH �1 A�OV� Dated this 9th day of January, 2002. PROPOSED ALLEY VACATION DESCRIPTION: The 20.00 foot public alley adjoining Lots 3, 4, 5, 6, and 7, Block 2, American Building Company Plat 3, according to the recorded plat thereof and situate in Ramsey County, Minnesota. ' , SCALE ;',��,- DENOTES PORiION OP ALLEY PROPOSED TO BE VACA7ED t' = 30 i ,- E6AN, FIELD & NOWAK INQ Aj, zsa5-& SURVEYORS Teie: (952) 546-683� o�-tiay o �-4a-y � � CITIZEP{ pARTICIPATI DIS RI TS 1.SUPiRAY-BATTLECREEK-HIGHWOOD 2.GREATER EAST-SIDE • 3.WEST SIDE 4.DAYTON'S BLUFF 5.PAYNE-PHALEN 6.NORTN END 7 OMAS-DALE S MIT-UNIVERSITY . EST SEVENTH . 10. COMO 11. HAML INE-MI D'rlAY 12.ST. ANTHONY 13.MERRIAM PK.-LEXINGTON HAMLINE 14.GROVELAND-MACALESTER 15.HIGHLAND 16.SUt�h1IT HILL U. DOWtITOWN � ^ pZ-o5��so3 CITIZEN PARTICIPATION PLANNING DISTRICTS v e . -.' � SUMMIT—UNIVERSI7Y DISTRICT 8 NO x° "'°'' ''' "°' •� �° , sc� �x rtcr ���`'���a�� ��� � — . �d2-U�&-5�� � � .- � �I � � � � � ���. v � � � � 7 : ' � ' i � V � � i � a � ����� '� ��� �� SJ�Q��� LJ�� � _� € �� ' -- 4 e i 1 ;. ^ � �8 i; �� � ,�-_- . �: �,`�:c;��: a,��' y � 3..- E : s � V � 1��#� �� , _'� o • � q � F j . � ` - r � 0 � __ _i_—' �:1 --�-�-�- � L � ; f 6 :� � i i ! � ':�;° , � � � ' U : 1 ! F �} � � �jQ�L �vJ � � I � i � - T - � I -- � � � O'C? 'O'Qj� � t .�---` �-'. x-; .�.. � ��''. ._ _�- u � a i= .� . � t 11 f FT^ .�:. _'�- �. � � t � �I .�= ��. f` . ..�� ��. �, � . f � = ;1 or��o�? -� D ' AP?LICANT_��r� �'� ��I CQw+AR+'LK LEG�ND PJR°OSE �`��� JC V a'r'Ct''nCE - zoni�g districl �iundary ' l ,�f�9 i � � 3 DATE Z C�Zll�T-LZ� su5;'-a prop�; -Gno-,:,�-- c ��' Q ..__ . D(ST�_ P,IA° ;' // o one (=_miiy •, n com.�;:c�z' �� c_ � C�;ofzmilY o e.� indusir�a� Q L }� � ..._.__ � ^ � (T1U�li�I? �2:T711� `� V?.�� i: i � � � � � �� o -�3-` ���{�� o;�'��� . ���(_ ! > :ifld