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03-468council File # � 3 � �G� Ordinance # ORDINANCE Presented By OF SAINT PAUL, MINNESOTA 2 3 4 8 9 10 11 12 13 Referred To Green Sheet # 204378 Committee: Date � An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint Paul and the zoning maps thereo£ WHEREAS, Pursuant to Minnesota Statutes §462357 and §64.400 of the Legislative Code, BENJAMIN COMMONS ASSOC. duly pefi6oned to rezone the northern 4233 feet of the lot being legally described as Lot 15, Block 6, Niniger & Donnelly's Addition to Holcomb's Addition, Ramsey County, MN from B-3 to RT-2 to allow the property to be split off and attached to the Benjamin Commons Condominium properiy for construcfion of a garage for the residents of Benjamin Commons Condominium; and WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on February 20, 2003, 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 14 15 WHEREAS, the Planning Commission considered the rezoning petition at its meeting held on February 28, 16 2003, and recommended that the City Council approve the petifion; and 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 WHEREAS, nofice of public hearing before the City Council on said rezoning petition was duly published in the official newspaper of the City on March 17, 2003, and notices were duly mailed to each owner of affected property and properry situated wholly or partly within 350 feet or the property sought to be rezoned; and WHEREAS, a public hearing before the City Council having been conducted on March 26, 2003, at which all interested parties were given an oppomuiity to be heard, the Council having considered all the facts and recommendations conceming the petition; now, therefore THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Secfion 1. That the zoning map of the City of Saint Paul, Sheet Number 20, as incorporated by reference in §60.301 of the Saint Paul Legislafive Code, as amended, is hereby fiuther amended as follows: That the property at 761 SELBY AVENL7E, being more particularly described as: The north 4233 feet of Lot I5, Block 6, Niniger & DonnelIy's Addition to Holcomb's Addition, Ramsey County, MN be and is hereby rezoned from B-3 to RT-2. PUBLiSH� �- 2 � 'D3 40 41 42 Section 2. 03 -'-i,�.fr This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. �t}S�tSHED �1 � S �3 43 44 45 46 47 48 49 50 51 52 54 Adopted by Council: Date 1 2�� /G.�dd3 56 Adoption Certified by Council Secretary 5� 59 BY 6� Approved by 61 62 s Requested by Department of: _ . . ,I '� . � ! � '1, � Approved by Financial Services By: Form Approve DEPARTMENT/OFFICE/COUNCII,: DATE INI'LIATED GREEN SHEET No.: 204378 P�D 04/17/03 01 - y �.) CONTACT PERSON & PHONE: INITIAL/DA INITTAL/DATE Joel Spoonheim � 2 DEPAR'CSvI£NT DIIL s crrrcovivcn. MUST BE ON COUNCII, AGENDA BY (DATE) �IG�` 3 CITY q1TORNEY �+- Y�oJ _ CTTy �g� May 7, 2003 ��ER ��cUU. sExv nm. Fuanxcu�. s�zvinccrc FOR 4 MAyOR(ORASST.J 1 TEAMLEADEg�� ROUT4YG ORDER TOTAL # OF SIGNATIIRE PAGES L_(CLIP ALL I.00ATIONS FOR SIGNA'i'URE) . ac'rtox �QUESrEn: Adopfion of zezoning ordinance RECOD�fENDATIONS: Approve (A) or Reject (R) PERSONAL 5ERVICE CONTRACI'S MIJST ANSFVER T'HE FOLLOWING QUESTIONS: A_ PLANNAIG COMIv(ISSION 1. Has this peisoNfinn evex worked under a contract for this departrnent? CIB COMNIlTI'EE Yes No CIVIL SERVICE COMNIISSION 2. Has this person/5mi ever been a city employee? Yes Na 3. Does this person/fum possess a sldtl not noraial(y possessed by any cu�rent city employee? Yes No Explain atl yes auswers on separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORI'UNITY (Who, W6at, Whea, Where, Why): Adopt an ordinance to fmalize council approval of a petition of Benjamin Commons Assoc. to rezone property located at 761 Selby Avenue from B-3 to RT-2 (public heazing held 03/26/03) . ,- � `�'�a4 Y'?r . �i .., �. P °'. � 4�<.J ADVANTAGESIFAPPROVED: Properiy will be rezoned allowing both the Selby Cnotto development project to proceed and new gazages to be built for the - Benjamin Commons Condo Associafion. , ��V�� n�snnvnNrncES�nrrxovEn: APR 2, 3 2043 None C�� RN�� DISADVANTAGES IF NOT APPROVED: Prevents the construction of the Selby Grotto development project. TOTAL AMOUNT OF TRANSACTION: $ 0 COSTBEVENUE BUDGETED: FUNDING SOURCE: AC°ITVATY NUMBER: FINANCIAL IlVFORMAITON: (EXPLAIlN) K:�Zaning caaa-Sadia�benjamwcommovsgvsht wpd Nan Anderson revised layove schedule � �� Page 9 j From: Joel Spoonheim To: Anderson, Nancy Date: 5/15/03 3:33PM Subject: revised layover schedule Nancy, I just spoke to the applicant for the Benjamin Commons Assoc. (zoning case 03-252-627). They would like to layover the additional readings until June 30, 2003. it is possible thai the application will be withdrawn sooner, but this allows them to go to closing and wrap up the other details. Thanks, Joel x66614 Joel Spoonheim City Planner Saint Paul PED 25 W 4th Street, Suite 1100 St. Paul, MN 55102 651-266-6614 CC: Dubruiel, Paul; Mclnerney, Gerry; Nordquist, Diane; ssabo@faegre.com DEPART'MENT OF PLANMNG & ECONOMIC DEVELOPMENT Martha G. Fuller, Director CITY OF SAINT PAUL Randy G Kelly , Mayor 25 WestFou.�hSo-eet Samt PauZ, MN 551O1 26 March 2003 TO: Members of the Saint Paui City Council FROM: Joel Spoonheim, PED DATE: 26 Mazch 200� RE: Zoning File #03-252-627, Benjamin Commons � �, .:.., 03 -y W Zelephnne: 65I-266-6655 Facsimile: 657-228-33I4 The applicant notified staff that the application needs to be modified both for the rezoning and lot-split. The area to be split off and rezoned should be the north 4233 feet , not 41.33 feet. Staff approve of this change which was requested to reduce the nuxnber of maintenance easements required by the development. No positive or negative unpacts aze created by this change on adjacent properties. Zoning staff recomxnend that the City Council action this evening reflect this change. Applicant: BENJAMIN COM�VIONS ASSOC. File Number: #03-252-627 Purpose: Rezoning the northern 42.33 feet of the lot from B-3 General Business to RT-2 Townhouse Residential so it can be split off and attached to the Benjamin Commons Condominium properry for construction of a gazage for the residents of Benjamin Commons Condomuuum. Address: 761 Selby Legal Description of Property: PIN # 02-28-23-12-0106, The north 4233 feet of Lot 15, Block 6, Nuuger & Donnelly's Addition ta Aolcomb's Addition, Ramsey County, MN K.�ZomngCasesStudies\benjamincommonsamendwpd AA-ADq-EEOEmpioyer CITYOF S�INr�� dY Kel1y , ,{�, ��.-.�. March 12, 2003 Ms. Nancy �derson City Co��II Reseazch Office Room 310 City Hall Saint pa� M�esota 55102 Dear n•js �derson: DEPART�T pF PLA & ECONOIvnC DEVgypp�T To'ry,q�{�ruer, Interrm D�.ector ZS R'est Fowth Street SatraPau7 h�y55102 b�-��8 TelepJa�: 612-266-6565 F°csnnrle: 611-228-3374 I would Iike to confirm that a public bearing before tha Ci March 26, 2003, for the followin g zoning case: �3' Council is scheduled for Wednesday Elpplicant: B ENJAMIiV CO ASSOC. File Number: # �� Pu Rezoning the no �ern 41.33 feet of the Iot from B-3 General Bus' Townhouse Residential so it can be split off and attached to the Ben C ondominium mess to RT-2 Address: cO Arope �for construction of a g�age for the residents of Beri �mmons mmons Condomini 761 Selby � Legai jjescription of property; pIN # �2_28 23 i2 o 106, The north 4133 feet of Niniger & Do�elly's Addition to Holcomb's Addition, Previous �t 15, Block 6, Action: Ramsey C � Zoning Committee Recommendation: Approvai; vote: 6-0; Febru P1��8 Commission Reco mmendation : A pproval; unan3mous vote 20� z003 MY �derstancii�g is that t$is public he February Zg Z003 City Council meeting and that ��g request will a Please call me at 26 6-6614 if y�u will publish notice of thepeaz on the agenda for you have he�' �e �az'ch 26, 2p03 anY questions. �g in �e Saint Paul Lega] Ledger. Sincerely � Joel Spa City pi�er cc: File # 03-252_6Z� Cazol Ivlarti� Paul Dubrniel Wendy Lane Allan Torstenson 03 -�� city of saint paul planning commission resolution fi(e number o3-Zo date February 28, 2003 WHEREAS, BENJAMIN COMMONS ASSOC., File #03-252-627, has petitioned for a rezoning under the provisions of §64.400 of the Legisiative Code, for the purpose of rezoning property located at 761 Se1by Avenue, legaily described as the north 41.33 feet of Lot 15, Block 6, Niniger & Donnelly's Addition to Holcomb's Addition, Ramsey County, MN, from B-3 to RT-2 to allow the parcel to be split off and aftached to the Benjamin Commons Condominium property for construction of a new garage; and WHEREAS, the Zoning Committee of the Planning Commission, on February 20, 2002, held a pubiic hearing at which all persons present were given an opporturtity to be heard pursuant to said petition in accordance with the requirements of §64.300 of fhe Saint Paul Legislative Code; and WHEREAS, the Saint Paui Pianning Commission, based on the evidence presented to its Zoning Committee at the pubiic hearing as substantiaify reflected in the minutes, made the fo�lowing findings of fact: 1. The property is part of the Selby Grotto redevelopment project. Benjamin Commons Cooperative is donating part of their land at 761 Selby to the Selby-Grotto development. A lot split application is in process which will allow Benjamin Commons to retain the northern part of the lof. In exchange they are having a new garage built. The garage will accessed via an easement across the parking lot of the Se1by-Grotto development. 2. The City HRA approved tentative developer designation for construction of the new Selby-Grotto condominiums on January 9, 2003. The agreement provides 4or the demofition of existing garages and construction of a new garage for Benjamin Commons. 3. The proposed rezoning to R7-2 is consistent with the adjacent land uses north of the Selby-Grotto deveiopment including Benjamin Commons. 4. As this rezoning is initiated due to the construction of new housing and commercial property along Selby Avenue, and as Selby is served by the Metro Transit 8us #21, this rezoning is consistent with the intent of the Land Use and Housing Chapters of the Comprehensive Plan. Creation of new housing and commerciai property is supported broadly, and especially along transit cosridors. 5. The rezoning will have no negative impact on the community. NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul Planning Commission recommends to the City Council that fhe petition of BENJAM{N COMMONS to rezone property at 761 Selby Avenue, legally described as the north 41.33 feet of Lot 15, Block 6, Niniger & Donnetly's Addition to Holcomb's Addition, Ramsey County, MN, from 6-3 to RT-2 to allow the parcel to be sp4it off and attached to the Benjamin Commons Condominium property for construction of a new garage be approved. moved by Field seconded by in favor Unanimous against _ � o� �� Saint Pau1 Planning Commission City Hall Conference Center 15 Kellogg Soulevard West Minutes ofFebruary 28, 2003 A meeting of the Plann,� Commission of the City of Saint Paul was held Friday, February 28, 2003, at 8:30 a.m. in the Conference Center of City Hall. Commissioners Mmes. Donnelly-Cohen, Faricy, Zimmer Lonetti, Morton, Shortridge, and Trevino; Present: and Messrs. Alexander, Alton, Anfang, Dandrea, Field, Fotsch, 7ohnson, Kramer, and Mazdell. Commissioners Mmes. *McCall; and Messrs. *Gervais, *Gordon, *Kong, *Mejia, and *Rosales. Absent: �Excused Also Present: I,arry Soderholm, Planuing Administrator; Allan Torstenson, Allen Lovejoy, Rich Malloy, Lucy Thompson, Gary Peltier, and Tvlary Bruton, Department of Planning and Economic Development staff. NEW BUSINESS #03-252-627 Ben�amin Commons Condominium Association - Rezone &om B-3 (General Busmess) to RT-2 (Townhouse Residential) the north 41.33 feet, wfiich is being split off and attached to 764 Dayton. 761 Selby Ave., between Grotto & Avon. (.Ioel Spoonheim, 65112 66-6 61 4) Commissioner Field stated District 8 Summit University Planning Council recammends approval. No on spoke in support. No one spoke in opposition The public hearing was closed. The Zoning Coriunittee recommended approval on a vote of 7-0. MOTION: Commissioner Field maved the Zoning Committee's recornrrzendation to approve the rezoning. The motion carried unanimously on a voice vot� 03--��8 MINUTES OF 7HE ZONtNG COMMITTEE Thursday, February 20, 2UO3 - 3:3U p,m. City Caunci( Chambers, 3cd Floor City Hall and Court House 15 West Kelfogg Boulevard PRESENT: Anfang, Alton, Faricy, Field, Kramer, Me}ia, and Morton EXCUSED: Gordon STAFF: Carol Martineau, Joei Spoonheim, Allan Torstenson, and Peter Warner The meeting was chaired by Commissioner Field. Benjam'sn Commons - 03-252-627 - Rezone from 8-3 (Generaf Business) to RT-2 (Townhouse Residential) the north 41.33 feet, which is being spiit off and aftached to 764 Dayton. 761 Selby Ave., between Grotto & Avon. Joel Spoonneim presented the staff report with a recommendation of approval fior the rezoning. Mark Vaught, Member of Benjamin Commons Condo Association, introduced Stacy Malet, Executive Director of the Seiby Avenue Community Development Cooperation. Mr. Vaught stated the development is an asset to the community and offered to answer questions. No one spoke in suoport or opposition. The public hearing was closed. Commissioner Faricy moved approvaf of the rezoning. Commissioner Morton second the motion. The motion passed by a vote of 7-0. Adopted Yeas - 7 Drafted by: �� Carol Martineau Recording Secretary Nays - 0 . -� .. ..�/! , .' ... �+- . . . Appraved by: Litton Field Chair a��68 ZONING COMMITTEE STAFF REPORT FILE # 03-252-627 APPLICANT: BENJAMIN COMMONS ASSOC. HEARING DATE: February 20, 2003 2. TYPE OF APPLICATION: Rezoning 3. LOCATfON: 761 Selby (tfie northerly 41.33 feet - a lot split is pending) 4. PIN & LEGAL DESCRIPTfON: 02-28-23-12-0106, The north 41.33 feet of Lot 15, Slock 6, Niniger & Donnelly's Addition to Holcomb's Addition, Ramsey County, MN PLANNING DISTRICT: 8 6. ZONING CODE REFERENCE: §64.400 PRESENT ZONING: B-3 STAFF REPORT DATE: February 12, 2003 BY: Joe� Spoonheim 8. DATE RECEIVED: January 21, 2003 DEADLINE FOR ACTION: March 21, 2003 A. PURPOSE: Rezoning the northern 41.33 feet of the lot from B-3 (Commercial) to RT-2 (townhouse residential) so it can be split off and attached to the Benjamin Commons Condominium property for construction of a garage for the residents of Benjamin Commons Condominiums. B. PARCEL SfZE: 1,681 square feet C. EXISTING LAND USE: two dilapidated small garages D. SURROUNDING LAPJD USE: North: Single family homes and duplexes: RT-2 South: Commercia{: 6-3 East: vacant - to become mixed use: B-3 West: Commercial: B-3 E. ZONING CODE CITATION: Section 64.400(a) of the zoning code states in part, "the council may, from time to time, amend, suppiement or change the district boundaries or the regulations herein, or subsequentiy 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 lines should be changed." Section 64.400(b) states in part, "an amendment to the zoning code may be initiated by the councii, the planning commission or by petition of the owners of sixty-seven (67) percent of the area of the property to be rezoned." �. HISTORY/D{SCUSSION: City of Saint Paul HRA action is described in finding H2. O3 - L£� P Zoning File # 03-252-627 February 20, 2003 Page 2 G. DISTRICT COUNCIL RECOMMENDATION; The Summit University Planning Council adopted a motian on June 26, 2�01 supporting the Se4by Area CDClLegacy ManagemenYs designation as tentative developer for the site. The SUPC is supportive of this development proposat. SUPC did not take a position as of the writing of the report pertaining to the rezoning. H. FINDINGS: The property is part of tne Selby Grotto redeveiopment project. Senjamin Commons Cooperative is donating part of their land at 761 Selby to the Selby- Grotto devefopment. A lot split application is in process which will aliow Benjamin Commons to retain the northern part of the lot. In exchange they are having a new garage buiit. The garage will accessed via an easement across the parking lot of Selby-Grotto. 2. The City HRA approved tentative developer designation for construction of the new Seiby-Grotto condominiums. The agreement provides for the demolition of existing garages and construction of a new garage for Benjamin Commons. (January 9, 2003) 3. The proposed rezoning to RT-2 is consistent with the adjacent land uses north of the Selby-Grotto development including Benjamin Commons. 4. As this rezoning is initiated due to the construction of new housing and commercial property along Selby Avenue, and as Selby is served by the Metro Transit Bus #21, this rezoning is consistent with the intent of the Land Use and Housing Chapters of the Comprehensive P�an. Creation of new housing and commercial property is supported broadly, and especially along transit corridors. 5. The rezoning will have no negative impact on the community. STAFF RECOMMENDATION: Based on the findings above, staff recommends approval of the proposed rezoning of the north 41.33 feet of 761 Selby from B-3 to RT-2. v3 --�� APPLICANT PROPERTY �OCATION Subscribed PETlTION TQ AMENR 7HE ZONING CODE Department of Planning and Economic Development Zoning Section 1400 City Hall Annex 25 West Fourfh Street Saint Paul, MN 55102-1634 (651) 266-6589 � Property Owner Benlamin Commons Condominium Association Address 764 Davton Ave. #4 City St. Paul St. Minnesota Zip 55104 Daytime Phone 851.221.0988 Contact Person (if different) Steve Sabo (Faeqre & Benson LLP) Phone 612.766.7182 Address ! Legal Zoning B-3 (attach additionai sheet if necessary) TO THE HONORABLE MAYOR AND CITY COUNCIL: Pursuant to Section 64.4�0 of the Saint Paul Zoning Ordinance and to Section 462.357(5} of Minnesota Statutes, Beniamin Commons Condominium Association , owner of land proposed for rezoning, hereby petitions yo� to rezone the above described propeRy from a 63 zoning district to a R-2 � zoning district, for the purpose of: Benjamin Commons Condominium Association ("Benjamin Commons") plans to convey the portion of Lot 15 not described in Exhibit A to Selby Grotto limited Partnership and to replace the access to Selby Avenue, will receive an access easement firom ihe land proposed to be rezoned to Grotto Street. Benjamin Commons will retain ownership of the land proposed to be rezoned and pfans to construct a garage thereon for use by the residents of the building located at 764 Dayton Avenue (north of the land proposed to be rezoned), which is also owned by Senjamin Commons. As suggested by Mr. Allan Torste�son, to ensure that the land proposed to be rezoned has frontage on a public street, Benjamin Commons will combine the land at 764 Dayton Avenue, currently zoned RM-2, with the land proposed to be rezoned, which is currently zoned B-3. As part of this combination, Mr. Torstenson indicated that the two combined properties must have the same zoning classification, which should be RM-2. (attach additional sheet(s) if necessary) Attachments: Required Site Plan m Consent Petition ❑ Affidavit ❑ and sworn to before me ST this � � day of Januarv , 2D03. � Notary Public M I 455543 0? BENJAMIN COMMONS CONpOMiNIUM ASSOCIATION By: x7c'y� �—�/t/ Its �vLi,r� �----. � ^.��., �'�a2. �-° HAfCHAEL D. f�1ELSr�S � ,=-�� . ->::�;� NOSAR`f WBLiC-P1J44NESOSA �� ,.:�'�� 1dyCOm�aissinnExpitesJan.31,2trJ� `�', > _...-'.: vGA �f �.: ;. o�-�� x.:��:� L sal Description The north 41.33 feet of Lot 15, Block 6, Niniger & Donneily's Addition to Holcomb's Addifion, Ramsey County, Minnesota. M1.955893.02 03 Board ojDirectors president Gail Graham Treasurer Barbara Pappenfus Secretary Kay I{nutson Vice Chair Rev. Darryl Spence Manuel Melendez, 7r. Community Improvement And Safety Theresa Cunningham Neighborhood Deveiopment David Petereon ! Mary Gardner Ou[reach Steve Wilson, Aa4lie Q. Srorvn Julia Cruz Summit U W eed & Seed Harry Oda Universiry IJNITED sta� ExecuHve Direc[or James J. McDOnough dr, Ph.D. Commu�ity Crime Preventlon Coorditlator Office Manager Jean Doyle Summit University Planning Council Building a BeZter Community 627 Selby Avenue Sf. Paul, MN 55104 Phone:651-225-1855 Fax:651-225-1168 district8(¢ cistoa W.m aus February 19, 2003 Attn.: Joel Spoonheim City District Planner 1100 City Hall Annex 25 West 4�' Street Saint Paul, MN 55102 Deaz Mr. Spoonheim: RE: Benjamin Commons Condo Association 764 Dayton Avenue # 4 The following is a report regarding the application fox rezoning by the Benjamin Commons Condominium Association, the above noted applicant, to consider rezoning from B-3 (General Business) to RT-2 (townhouse Residential) the north 41.33 feet of lot 15 (#022813120114), which is being split off and attached to 764 Dayton. The matter was placed on the Summit-University Planning Council's Neighbarhood Aevelopment Committee's monthly meeting agenda on Pebruary 18, 2003. The community was notified of the meeting and agenda items through: • Web site calendar notification • Distribution of 250 flier notices around the target area • Email broadcast notice to 55 community residents, businesses, and service agencies No objections were received by phone or mail to the rezoning request. At the Neighborhood Development Committee Meeting on February 18, 2003, Mark Vaught, of the Benjamin Commons Condominium Association, presented the rezoning request and background information regazding the need to rewne the p�cel in order to facilitate the nnnlementation of the development project on Selby between Grotto and Avon by Legacy Management and the Selby Area CDC. There were 17 community residents and agency representatives present at the Meeting. The motion to approve the rezoning request was moved and seconded. There was a unanimous voice vote with no objections to approve the rezoning request as presented. Thank you for your attention to this matter. If Summit-University Planning Council — District 8 can provide any fiirther information and / ar assistance in regazd to this zoning matter, please contact our office. erely, � c Jr., Ph.D. Executive Director t�3 '� � � S. Mark Vaught 764 Dayton Avenue Saint Paul, Minnesota 55104-6694 651-260-2022 651-291-2923(fax) markvaughtna,attbi.com February 18,2003 Litton E. S. Rield, 3r., Chair and Members Zoning Committee Saint Paul Planning Commission 1100 City Hall Annex 25 West Fourth Street Saint Paul, Minnesota 55102 RE: Petirion of Benjamin Commons Condominium Association to Rezone Property Located at 761 Selby Avenue; Zoning Committee Agenda of February 20, 2003 Dear Committee Members: I am a member of the above-referenced condominium association and am the party who actually signed the petition seeking the lot split and rezoning of the affected property. On February 20 I am having laser surgery on my left eye and will, unfortunately, be unable to attend the Zoning Committee hearing on the request My wife, Janet Lee, will be present to represent the association. As well, it is my understanding that Stacey Millett, of the Selby Area Community Development Corporation, which is partnering with Legacy Management on the development project which gives rise to the request, will also be present. I did want to take a moment to express for you the excitement those of us who are members of the association feel about the project Perhaps the best way to say it is that we fully support the project to the extent we are willing to contribute the front portion of the tot at 761 Selby Avenue to the project without cost in return for a reconstruction of our existing garages on the back portion of the lot and perpetual access to the garages. We are currently in discussions with SACDC and Legacy which may lead to the association accepting a perpetual easement for use of the land under the garages rather than ownership. If we reach such an agreement, the lot split and rezoning will become unnecessary. However, since those discussions are still ongoing and because of the length of the rezoning process and the desire of the developers to o3-y� bring the project to fruition at the earliest possible moment, it was felt to be the best course of action to bring this perition forward at this time. Though I have not actually seen a staff report at this writing, I believe it will explain to you better than I might why the zoning code requires a lot split and rezoning if the association is to retain ownership of the parcel on which the rebuild garages are to be located. The members of the association would greatly appreciate your support and recommendation of the lot split and rezoning. The larger parcel in question on which the development will sit is one of two remaining sizeabie pieces of land on Selby Avenue which remain uadeveloped. For over twenty years I have looked out upon this vacant and underutilized land and am personally extremely excited about the coming development. It wili be an asset to the community and address, as well, a crying need for housing. Very truly yours, S. Mark Vaught o3��g �3-�f�� 3-�� e�3 � �� /a n3 g o3.-y� � CITIZEN PARTICIPA IO DIS RICTS 1.SUNRAY-BATTLECREEK�HT6HWOOD 2 6REATER EAST SIdE 3.WEST SIDE 4.DAYTON'S BLUFF 5.PAYNE-PHALEN 6.NORTH END �,. �NOMAS-DALE �8�MMIT-UNIVERSITY — tir'1 EST SEVENTH 10.C4M0 11.HAMLINE-MIDWAY 12.ST. ANTHONY 13.MERRIAM PK.-LEXI(�GTON HAMLINE 14.6ROV�LAND-MACAL�ST�R 15.HI6WLAND 16.SUMMIT HILL 17.00WNTdWN � � G�7 d 3-ZS Z, CITIZEN PARTICIPATION PLANNING DISTRICTS . o3 m a a SUMMIT-UNIVERSITY DISTRICT 8 N� y " 1O0 x`° 'o°° _'°� "x° , SUl_ iH FFET � �� - 2�'Z- 2� �3 , � K AP?LICAN a�K;w�.h c�,�s �� PURPOSE �_� � � � - F�} !� � • Z 7 DF�TE �� E t: f�� , P�tdG. O;S7�— F,tAP ;=�� ' . a ... � __ R �+ zoning distcict L�cfn¢>_ry Fi� sub;=_�f proper�y n'� o:�t�� 0 one family � h�ro (amily �¢� muitipi. family • x r' COTT3::i3: p .m �, industri=.! v vzcz�: I CITY OF SAINT PALTL RandyC Ke11y , Mayor 26 Mazch 2003 TO: FROM: DATE: RE: DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENl' Martha G FulZer, Directo� 25 West Fourth Svee! Saint Paul, 7�N 55102 Members of the Saint Paul City Council Joel Spoonheim, PED 26 March 2003 Zoning File #03-252-627, Benjamin Commons � 63-�� Telephone� 61-266-6655 F¢cs nn ile. 6.i I-22833T 4 The applicant notified staff that the application needs to be modified both for tl�e rezoning and lot-split. The area to be split off and rezoned should be the north 4233 feet , not 41.33 feet. StafF approve of this change which was requested to reduce the number of maintenance easements required by the development. No positive or negative impacts are created by this change on adjacent properties. Zoning staff recommend that the City Council action this evening reflect this change. Applicant: BENJAMIN COMMONS ASSOC. File Nuxnber: #03-252-627 Purpose: Rezoning the northern 42.33 feet of the lot from B-3 General Business to RT-2 Townhouse Residential so it can be spiit off and attached to the Benjamin Commons Condominium property for conshuction of a garage for the residents of Benjamin Commons Condomuuum. Address: 761 Selby Legal Description of Properry: PIN # 02-28-23-12-0106, The north 4233 feet of Lot 15, Slock 6, Niniger & Donnelly's Addition to Holcomb's Addition, Ramsey County, MlV K1Zoving Cues-Studies\ben]aruincommonsame¢d wpd AA-ADA-EEO Employer DEPAR'LMENT OF PLAN23SNG & ECONOMIC DEVELOPMENT Tol9+Schenler, In7erurs Dvec[or 03 - �� Y� CITY OF SAII�IT RUL Rmidy xetty , Mayos Mazch 12, 2003 Ms. Nancy Anderson City Council Reseazch O�ce Room 310 City Hail Saint Paul, Minnesota 55102 Dear Ms. Anderson: 25 West Fowtk Sbeet Saint Pau{ .YW 55IO2 Teiephone: 612-266-b565 Facnm:le: 612-228-3314 I would like to confirm that a public heazing before the City Council is scheduled for Wednesday Mazch 26, 2003, for the following zoning case: Applicant: BENJAM[N COMMONS ASSOC. File Number: #Q3-252-627 Purpose: Rezoning the northern 4133 feet of the lot from B-3 General Business to RT-2 Townhouse Residential so it can be split off and attached to the Benjamin Commons Condominium property for construction of a garage for the residents of Benjamin Commons Condominium. Address: 761 Selby Legal Description of Properiy: PIN # 02-28-23-12-0106, The north 4133 feet of Lot 15, Block 6, Niniger & Donnelly's Addition to Holcomb's Addition, Ramsey County, MN Previous Action: Zoning Committee Recommendation: Approval; vote: 6-0; Pebruary 20, 20Q3 Planning Commission Recommendation: Approval; unanimous vote; February 28, 2003 My understanding is that this public hearing request will appeaz on the agenda for the March 26, 2003 City Council meeting and that you will publish notice of the heazing in the Saint Paul Legal Ledger. Please call me at 266-6614 if you have any questions. Sincerely, �� Joel Spoonheim City Planner cc: File # 03-252-627 Carol Martineau Pau1 Dubruiel Wendy Lane Allan Torstenson NOTLCE OF PUSLIC HEARING �_._�_ The Saint Paul City Council will con- duct a public hearing on Wednesday, March 26, 2003, at 5:30 p.m..in the City Council Chambers, Third Floor, City Hall-Cour�house, 15 West-Kellogg Boulevard, Saint Paul, MN, to consider the application of Benjamin Commons Assoc. to rezone the northern 41.33 feet of the lot"at 761 Selby Avenue from B-3 General Bnsiness to RT-2 Townhouse Residential-so it can be split off and at- -tached�to the Benjamiu Commons Con- domiuium property for constiuction of a garage for the residents'of Benja�nin Commons conaominium. Dated: Mareli 13, 2003 - NANCY ANDERSON, � Assistant City Qouncil Secretary lMarch I'p . "' S1: PAi1L LBGAL LBDf]ER ---- 28061824 p .`� `".�' n �.��t �'s7L�� „e_�Cn.v. r , �a!e.-.� �,^ x 4� r; n Li918� t <<•�. �. �, W .. � �-�� city of saint paul �fanning commission resolution �File number o3-Zo date FeorLar� 28, 2��3 WHEREAS, BENJAMIN COMMONS ASSOC., Fi{e =03-252-627, has petitioned for a rezoning under the provisions of §64.a00 of the Legisiative Code, for the purpose of rezoning property loc2ted at 761 Selby Avenue, legally described as the north 41.33 fee± of Lot 15, Block 6, Niniger & Donnelly's Addition to Hofcomb's Addition, Ramsey County, MN, from B-3 to RT-2 to ailow the parcel to be split off and attachzd to the Benjamin Commons Condominium property for construction of a new garage; and WHEREAS, the Zoning Committee of fhe Pianning Commission, on February 20, 2002, hefd a pubiic hearing at which all persons present were given a� opportunity to be heard pursuant to said petition in accordance with the requirements of §64.300 of the Saint Pauf Legisfative Code; and WFIEREAS, the Saint Paul Ptanning Commission, based on the evidence presented to its Zoning Committee at the pubiic hearing as substantialiy reflected in the minutes, made the fo(lowing findings of fact: � 2. The property is part of the Sel'oy Grotto redevelopment project. Benjamin Commons Cooperative is donating part of their (and at 761 Selby to the Selby-Grotto development. A lot split application is in process which wiil aflow Benjamin Commons to retain the northem part of the fot. In exenange they are having a new garage built. The garage will accessed via an easement across the parking lot of the Selby-Grotto development. The City HRA approved tentative developer designation for construction of the new Seiby-Grotto condominiums on January 9, 20Q3. The agreement provides for the demolition of existing garages and construction of a new garage for Benjamin Commons. 3. The proposed rezoning to RT-2 is consisient with the adjacent land uses north of the Sefby-Grotto development incfuding Benjamin Commons. 4. As this rezoning is initiated due to the construction of new housing and commercial property along Seiby Avenue, and as Selby is served by the Metro Transit Bus #2'i , this rezoning is consistent with the intent of the Land Use and Housing Chapters of the Comprehensive Pian. Creafion of new housing and commerc'sa4 property is supported broadfy, and especialiy along transit corridors. 5. The rezoning wiil have no negative impact on the community. NOW, THEREFORE, BE IT RESOLVED, that the Saint Paui Planning Commission recommends to the City Council that the petifion of 6ENJAMlN COMMONS to rezone property at 761 Seiby Avenue, tegally described as the north 41.33 feet of Lot 15, B{ock 6, Niniger & Donnetfy's Addition to Holcomb's Addition, Ramsey County, MN, from B-3 to RT-2 to ailow the parcel to be split off and attached to the Besrjamin Commons Condominium property for construction of a new garage be approved. moved by � econded n favor Field by _ Unanimous against _ � • Saint Paul Planning Commission C�ty Hall Conference Center 15 Kellogg Boulecard West Minutes of February 28, 2003 D3-�� A m�+'.� of the Pl ann' a Coznmission of the City of Saint Paul was held Friday, February 2g, 2003, at 8:30 a.m. in the Conference Center of City Hall, Commissioners Mmes. Donnelly-Cohen, Fazicy, Zimmer Lonetti, Morton, Shortridge, and Trevino; Present: and Messrs. Ate�nder, Alton, Anfang, Dandrey, Field, Fotsch, 3ohnson, Kramer, and Mardell. Commissioners iVImes. * McCall; and Messrs. *Gervais, *Gordon, *Kong, �Mejia, and *Rosales. Absent: *Excused Also Present; � Soderholm, Planniag Administratpr, p,llyn Tors`.enson, Allen ?,ovejoy, Rich Malloy, Lucy Thompson, Gary peltier, and Mary Bmton, Departrnent of Planning and Economic Development staff. � x�w susnvESs #03-252-627 Ben'amin Commons Condominium Association - Rezone from B-3 (Geaerat Business) to RT 2(Townhouse Residentiat) the north 4I33 feet, wfiicfi is being split off and attached to 764 Dayton. 761 Selby Ave., between Grotto & Avon. (,Toel Spoonheim, 651/266-6614J Commissioner Field stazed Dishict 8 Summit University Planning Council recouunends approval. No on spoke in support. I�Io one Spoke in opposition. The public hearing was closed. The Zoning Committee recommended approval on a vote of �-0. ' MOTION: Commissioner Field moved the Zoning Committee's recommendarion to approve the rezoning. The motion carried unanimously on a voice vote � �`J� lS MIfVUTES OF THE ZONING COMMlTTEE • Thursday, February 20, 2003 - 3:3U p.m. City Councif Chambers, 3rd Etoor City Hafl and Court House 15 West Ketlogg 8oulevard PRESENT: � EXCUSED: Anfang, Alfon, Faricy, Fieid, Kramer, Mejia, and Morton Gordon STAFF: Carol Martineau, Joel Spoonheim, Allan Torstenson, and Peter Wamer The meefing was chaired by Comm'sssioner Field. Senjamin Commons - 03-252-627 - Rezone from B-3 (General Business) to RT-2 (Townhouse Residentiai) the north 41.33 feet, which is being split aff and attached to 764 Dayton. 761 Selby Ave., behveen Grotto & Avon. Joel Spoonheim presenied the staff report with a recommendation of approval for the rezoning. Mark Vaught, Member of Benjamin Commons Condo Association, infroduced Stacy Malet, Executive Director of the Seiby Avenue Community Development Cooperation. Mr. Vaught stated the development is an asset to the community and offered to answer questions. No one spoke in suQport or oQposition. The public hearing was ciosed. Commissioner Faricy moved approval of the rezoning. Commissioner Morton second the motion. The mofion passed E�y a vote of 7-0. Adopted Yeas - 7 Drafted by: �`d�� ,a� , �cr, Carol Martineau Recording Secretary Nays - 0 . - .. ..�I�!! .�' ... '�- , . . - . Approved by: Litton Field Chair . �3-��,s' �� i�' � �� Board ofDirec[ors Presidept Gail Graham Treasurer Barbara Yappenfus Secretary Kay Knutron V ice C�air Rev. Aarryl Spence Manuel Melendez,Jr. Communiry Improvemeut And Safety Theresa Cupningham Neighborhood Deve{opment David Peterson / Mary Gardner Ouneach Wlson� Q.Brown U Weed & Seed I3arry Oda University I71vITED smn Ezecu6ve Director James J. McDonough Jr., Ph.D. Communiry Crime Prevention Coordinator Office Manager Jean Doyle • Summit University Planning Council Building a Better Community 627 Selby Aveaue St. Paul, NLN 55:04 February 19, 2003 Attn.: Joel Spoonheim City District Pianner 110� City Ha11 Annex 25 West 4`� Street Saint Paul, MN 55102 Dear Mr. Spoonheim: Phone: 651-225-1855 Fax: 651-225-1108 dis[rictS�cistnaul.m aus RE: Benjamin Commons Condo Association 764 Dayton Avenue # 4 The following is a report regazding the application for rezoning by the Benjamin Commons Condominium Association, the above noted applicant, to consider rezoning from B-3 (General Business) to RT-2 (townhouse Res4deatialj the north 41.33 feet of lot 15 (#022813120114j, which is being split off and attached to 764 Dayton. The matter was placed on the Summit-University Planning Council's Neighborhood Development Committee's monthly meeting agenda on February 18, 2003. The community was notified of the meeting and agenda items through: • Web site calendar notification • Distribution of 25Q flier norices around the target area • Email broadcast notice to 55 community residents, businesses, and service agencies No objections were received by phone oz mail to the rezoning request. At the Neighborhood Development Committee Meeting on February 18, 2003, Mazk Vaught, of the Benjamin Commons Condominium Association, presented the rezoning request and backgtound information regazding the need to rezone the pazcel in order to facilitate the im,Dlementation of the development project on Selby between Crrotto and Avon by Legacy Management and the Selby Area CDC. the rezoning requestas presented. There were 17 community residents and agency representatives present at the Meeting. The morion to appxove the rezoning request was moved and seconded. There was a unanimous voice vote with no objections to approve Thank you for your attention to tlus matter. If Summit-University Planning Councii – District 8 can provide any further information and / or assistance in regazd to this zoning matter, please contact our office. � \ - , �� \-�'� Z .nr: �,� ::-� �. '� � �` -. - � - � i � S. Mark Vaught 764 Dayton Avenue Saint Paul, Minaesota 55104-6694 651-260-2022 651-291-2923 (faz) markvaught(�a,attbi.com February 18,2003 Litton E. S. Field, Jr., Chair and Membezs 2aning Committee Saint Pant Planning Commission 1100 City Hall Anne$ 25 West Fourth Street Saint Paul, Minnesota SSIO2 RE: Pehtioa of Benjamin Commons Condominium Association to Rezone Property Located at 761 Selby Avenue; Zoning Committee Agenda of Febraary 20, 2003 Dear Comzaittee Members: I am a member of the above-referenced eondominium association and am the party who actuatiy signed tiie petition seeIdng the lot split and rezoning of the affected property. On Febrnary 20 I am having laser snrgery on my left eye and will, unfortunately, be unable to attend the Zoaing Committee hearing on the request My wife, Janet Lee, will be present to represent the association As well, it is my nnderstanding that Stacey Millett, of the Selby Area Commanity Development Corporation, wltich is partneriag with Legacy Management on the development prnject which gives rise to the request, will aiso be presen� I did want Yo take a moment Yo ezpress for you the e%citement those of us who are members of the association feeI abont the project Perhaps the best way to say it is that we fully snpport the project to the extent we are willing Yo contribeete the front porlion of the lot at 761 Selby Aveaue to the project withont cost in return 'for a recaastruclion of our elristing garages on the back portion of the lot and perpetaaI access to the garages. We are curren8y in discassions with SACDC and Legacy which may lead to the associa6on accepting a perpetaal easement for ase of the land under the garages rather than ownership. If we reach such an agreemen� the tot split and rezoning will hecome unnecessary. However, since those discnssions are still ongomg and becanse of the lengttr of the rezoning process and the desire of the developers Yo � f � L_J � 03-�� • bring the project to fruition at the earliest possible moment, it w�s felt to be the best course of action to bring this petition forward at this time. Though I have not actually seen a staff report at tYus writing, I believe it will explain to you better than I might why the zoning code requires a lot split and rezoning if the association is to retain ownership of the parcel on which the rebuild garages are to be located The members of the association would greaUy appreciate your support and recommendation of the lot spIit and rezoning. The larger parcel in question on which the development will sit is one of two remaining sizeable pieces of land on Selby Avenue which remain undeveloped For over twenty years I have looked out upon this vacant and underutilized land and am personalIy extremely egcited about the coming development It will be an asset to the community and address, as well, a crying need for housing. Very truly yours, S. Mark Vaught � �J � �3-��` ZONiNG COMMITTEE STAFF REPORT • FiLE # 03-252-627 1. APPLICANT: SEIVJAM4N COMMONS ASSOC. HEARING DATE: �ebruary 20, 2003 2. TYPE OF APPLICATION: Rezoning � 3. �OCA710N: 761 Selby (the northerly 41.33 feet - a lot spiit is pending} 4. PIN 8� LEGAL DESCRIPTION: 02-28-23-12-0106, The north 41.33 feet of Lot 15, Slock 6, Niniger & Donnelly's Addition to Ho(comb's Addition, Ramsey County, MfV 5. PLANNiNG DISTRICT: 8 PRESENT ZONING: B-3 � � ZONING CODE REFERENCE: §64.400 STAFF REPORT DATE: February 12, 2003 DATE RECEIVED: January 21, 2003 BY: Joel Spoonheim DEADLINE FOR ACTION: March 21, 2003 A. PURPOSE: Rezoning the northem 41.33 feet of the lot from B-3 (Commercial) to RT-2 (townhouse residential) so it can be split off and attached to the Benjamin Commons Condominium property for construction of a garage for the residents of Benjamin Commons Condominiums. CQ C. PARCEL SfZE: 1,681 square fieet EXISTING LAND USE: two ditapidated smali garages D. SURROUNDING LAND llSE: North: Singfe family homes and duplexes: RT-2 South: Commercial: B-3 East: vacant - to become mixed use: B-3 West: Commercial: S-3 E. ZONING CODE CITATION: Section 64.400(a) of the zoning code states in part, "the council may, from time to time, amend, supplement or change the district boundaries or the regulations herein, or subsequentiy esfablished 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 lines should be changed." Section 64.400(b) states in part, "an amendment to the zoning code may be initiated by the council, the planning commission or by petition of the owners of sixty-seven (67) percent of the area of the property to be rezoned." • F, HISTORY/DiSCUSSION: City of Saint Paul HR,4 action is described in finding H2. Zoning File # 03-252-627 February 20, 2003 Page 2 G. DISTRICt COUNClL RECOMMENUATiON: The Summit Universify Planning Council adopted a motion on June 26, 2001 supporting the Selby Area CDC/Legacy ManagemenYs designat+on as tentative developer for the sife. The SUPC is supportive of this development proposal. SUPC did not take a posifion as of tfie writing of the report pertaining to fhe rezoning. N. FIt+IDINGS: The property is part of the Selby Grotfo redevetopment project. Benjamin Commons Cooperative is donating part of their land at 761 Selby to the Seiby- Grotto devetopment. A iot sptit apptication is in process which will allow 8enjamin Commons to refain the northem paft of the lot. ln exchange they are having a new garage built. The garage wiff accessed via an easement across the parking lot of Seiby-Groffo. 2. The City HRA approved fenfafive developer designation for construction of the new Seiby-Grotto condominiums. The agreement provides for the demolition of existing garages and consfruction of a new garage for Benjamin Ccrr.mons. (January 9, 2003) 3. The proposed rezoning to RT-2 is consistent with the adjacent land uses north of fhe Selby-Grofto devetopment including Benjamin Commons. 4. As fhis rezoning is initiated due to the construction of new housing and commercial property along Selby Avenue, and as Selby is served by the Metro Transit Bus #21, this rezoning is consistent with the intenf of the Land Use and Housing Chapters of the Comprehensive Plan. Creation of new housing and commercial property is supported broadly, and especially along transit corridors. 5. The rezoning will have no negative impact on the community. STAFF RECOMMENDATION: Based on the findings above, staff recommends approval of the proposed rezoning of the north 41.33 feet of 761 Selby from B-3 to RT-2. � � � b3-�� SFI}.�1 PwUL� ;� i APPLICANT PROPERTY LOCATION Subscribed PETITION TO AMEND THE ZONING CODE Department of Planning and Economic Deveiopment Zoning Secfion �400 City HaII Annex 25 West FouRh Street Sainf Paul, MN 55102-9634 (651) 266-6589 G Property Owner Beniamin Commons Condominium Associafion Address 764 Davton Ave. #4 City St. Paul St. Minnesota Zip 55'104 DayEime Phone 65'1.22�.0988 Contact Person (if different) Steve Sabo (Faeqre & Benson LLP) Phone 612.766.7'I82 Address / Legal Zoning B-3 (attach additional sheet if necessary) TO 7FiE HONORABLE MAYOR AND ClTY CpUNCtL: to Section 64.400 of the Saint Pau{ Zoning Ordinance and to Section 462.357(5) of Minnesota Statutes, �hiamin Commons Condominium Association , owner of land proposed for rezoning, hereby petitions you to rezone the above described property from a B-3 zoning district to a R-2 � zoning district, for the purpose of: Benjamin Commons Condominium Association ("Senjamin Commons") plans to convey the portion of Lot 15 not described in Exhibit A to Selby Grotto Limited Partnership and to repiace the access to Selby Avenue, wiil �eceive an access easeme�t from the land proposed to be rezoned to Grotto Street. Benjamin Commons will retain ownership of the land proposed to be rezoned and plans to construcf a garage thereon for use by the residents of the building located at 764 Dayton Avenue (north of ihe iand proposed to be rezoned), which is aiso owned by Benjamin Commons. As suggested by Mr. Ailan Torstenson, to ensure that the 4and proposed to be rezoned has frontage on a pubfic street, Benjamin Commons wil( combine the land at 764 Dayton Avenue, currently zoned RM-2, with the (and proposed to be rezoned, which is currently zoned B-3. As part of fhis combination, Mr. Torstenson indicated that the two combined properties must have the same zoning classification, which should be RM-2. (attach additional sheet(s) if necessary) Attachments: Required Site Plan n Consent Petition ❑ A�davit ❑ and sworn to before me this � / S � day f Sanua ,2003. � ��_ Notary Public M1:9;SS93.0? BENJAMIN COMMONS CONDOMIN4UM ASSOCtATION By: � ,��yl�-✓( lts: �r�ii� �--. �„^ �_:' � � MICHAEL D. NIElScR; 3 =:�---� .-�-.4 :... NOTARYPUBLIC-MINNESOTii � �� :':� MyCommission'expiresJav.37.2pJ5 � � , ___..,'�eo. .a�.s:a. � � EXHIBTI' A � Legal Description The north 4133 feet of Lot 15, Biock 6, Niniger & Donnel2y's Addition to Holcomb's Addifion, Ramsey County, Minnesota. � L J MI955893.02 � Ta c....�. . ._�>'-. ✓ � ! � ��. . 1 � r....,' � i �� -, � : i'�� i i '� 0 j■ � I �■ �� I � �� ■ I I r� ■ ` ■ f t s i �'�� } , i,�� ,� � �a�sm _ i��r 03--�� -:�: : : � :-; 1' %l `' ' `� �, `� ` / �- � �J�c`�'_� ' �� { _ ' � 4 }/ 4�'✓ �. �� r ,�-" " ' �� j. � rti - "T f: v _ f�l �" � �.} ; i � � ` ~ i ' (� t ( J �/ Z ''; ` -.i�e } - . _�•. .. ��C' Y \�': � _ JS. . t— __� � " i��j��'�� 7" , ' �� ' '� !.. ` �� - 1� . � �� -%.i ] } a �� I � s - .. ,� �� y `,. �-: `��, "��'i. .s A �<' � - � t �" : � °��'� Yy:° ✓'' � � a �"�Y �:��,� � V Y �� _ ,�1 K :. r`� '".r " ' ,.. �" . ,�� ;,..'. ' ? Y . .x . ' ,y ' r :F' �^``",c.-,. ' . i �� K v� � � }� � ._ . .'�'&^l - r'- I � G O � m ' Q! 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E q U i u � � �, • R i�" �� G G1 O � i n °' N �" � O h � N ^� M O � d m R U VuGV/LOVJ VO:Jl CAC OJl�GJlAV6 JUIllDI1L {J Y18Il. GO Summit University Planning Couaci! Buidding a Betfer Commvniry 627 Se16y Avenue Sc. Paul, MN 55104 Board ojDirettnrs Presideat Gail Grakam lrcasurer Bnrbara Pappepfut Secrctary Kay xnutson tiia CSair Rcv, Darryl Spcacc Manvei MelEOdez. Jr- Communiry tmprovement n�a Saroy Theresa CanningLsm NeGpAborhood Developmcat David Petersua ! Mary Gardoer Outreat4 K'1190P� Q. BtOWO aunn c�: Summ�t U Wecd & Seed Harry Oda Univtrsity UN[?ED sraJJ Execn4ve D�recror Jema J. McDoqough dr„ vh_U, Comwuni� Cr;me Preve»tion CoocdleatoT orr,ce raaaa Jcya Doy3e � February 19, 2003 Attn.: 3oe1 Spoonheim City District Planner 1100 City Hall Annex 25 West 4�' Street Saiat Pavl, MN 55102 Dear Mr. Spoonheim: ��- ��-�� Phonc: 651 228-1855 Faz: bST-22i-]t68 a�vt[ecsClcum:+ut.mn.us }.2E: Benjamin Commons Condo Association 764 Dayton Auenue # 4 The followiaa is a report regarding the application for rezoning by thc Benjamin Coramons Condominium Association, the aboue noted agglicant, to consider rezoaing from B-3 {General Business) to RT-Z (towuhouse Resideutial) the nart6 41.33 feet of {ot IS (#022813120I14), which is being split off and attacbed to 764 Dayton. The matter was placed on the Summit-Univenity Planning Councii's Nei;hborhood Deveiopmeat Committee's monthly meeting agenda on Pebzuary 18, 2003. The community was notified of the meecing and agenda items through: • Web site calendar notification • Distribution of 250 flier notices around the target area • Emai{ brnadcast notice to 55 commnnity residents, businesses, and scrvice agencies No objections were received by phone or mail to the rezoning request At fhe Neighborhood Development Coznmittee Meeting on Febz�uai}� 18, 2003, Mark Vaught, of the Benjamin Commons Condominium Associaxion, presented the re2oning request and background information regazdiz� the need to rezone the patcel in order to faciiitate the implementatioa of the development project on Selby between Grotto and Avon by Legacy Mana�ement and rhe Selby Azea CDC. There were 17 community residents and ageacy representatives present at the Meeting. The motion to apprave the rezonina request was moved and seconded ",there was a»*+a voine vote with no objections to appro�e the rezoning requestas presented. Thank you foi yo�r aaentian to this matter. If Summit-Unieersity Planning Council — District 8 oan pm��ide any fiuthez infozmatioa and / or assistance in regard to tbis zoning matter, please contact our offi�e. . � - ` , ; � ,S I' . � . : �� `� 1 ' ' • • ~ t __ __ _. ,_. � a .. _ _ _ _ __. - - - -- � Caroi Marfineau Zoning Committee 2 20 03.doc � � Page 1 � S. Mark Vaught 764 Dayton Avenue Saint Paul, Minnesota 55104-6694 651-260-2022 651-291-2923 (fag} markvauEfit(a�attbi.com February 18, 2003 Litton E. S. Field, Jr., Chair and Members Zoning Committee Saint Paul Planning Commission 1100 City $aA Annex 25 West Fourth Street Saiat Paul, Minnesota 55102 RE: Petition of Benjamin Commons Condominium Associafion to Rezone Property Located at 761 Selby Avenue; Zoning Committee Agenda of February 20, 2003 Dear Committee Members: I am a member of the above-referenced condominium association and am the party who actually signed the petition seeking the lot split and rezoning of the aTfected property. On February 20 I am having laser surgery on my left eye and will, rinfortunately, be unabie to attend the Zoning Committee hearing on the request My wffe, Janet Lee, will be present to represent the association. As well, it is my understanding that Stacey NTillett, of the Selby Area Communitp Development Corpora8on, whicfi is partnering witfi I,egacy Management on the development projecf which gives rise to t6e request, will also be present I did want to take a moment to espress for you the escitement those of us w[�o are members of the associafion fee[ abont the project. Perhaps the best way to say it is tfiat we fu(Iy support fhe project to the estent we are willing to rnntribute the front porlion of fhe lot at 76I Selby Avenne to the project without cost in retnrn for a reconstruction of our existing garages on tite back portion of the lot and perpetnal access to the garages. We are currenfly in discussions with SACDC and Legacy wluch may lead to the associatfon accepting a perpetual easement for use of the land nnder the garages rather than ownerstup, If we reach snch an agreemenf, the [ot spIit and rezoning will become unnecessary. However, since tfiose discussions are stiil ongoing and �� -f� because of the length of the rezoning process and the desire of the developers to bring the project to fruition at the earliest possib(e moment, it was felt to be the best course of action to bring this pefition forraard at fhis 4me. Though I have not actually seen a staff report at this writing, I believe it will egplain to you better than I might why the zoning code requires a lot split and rezonina if the associarion is to retain ownership of the parcel on which the rebuild garages are to be located. The members of the association would greatly appreciate your support and recommendation of the lot split and rezoning. The larger parcel in question on which the development will sit is one of two remaining sizeable pieces of land on Selby Avenue which remain undevelope.i. For over twenty years I have Iooked out upon this vacant and underutiiized land and am personally extremely excited about the coming development It will be an asset to the community and address, as well, a crying need for housing. Very truly yours, S. Mark Vaught ��-�6�' CITIZEN PARTICIPATIO DIS RICTS � 1.SUNRAY-SATTL€CREEK-HIGHWODd 2.GREATER EAST S.IOE 3.WEST SIDE 4.DAYTON'S BLUFF 5.PAYNE-PHALEN 6.N6RTH END HOMAS=DALE .S MMI7-UNIVERSITY . EST SEVENTH lO.COMO 11.HAMLINE-MIDWAY 12.ST. ANTHONY 13.MERRIANt PK.-LEXINGTON HAMLINE 14.6ROVELAND-MACAL�S�ER 15.HI6HLAND 16.SUMMIT HILL 17.�OWNTOWN � �� 3-2s2� CITIZEN PARTICIPATION PLANNING DISTRIC7S SUMhiIT-UNIVERSI7Y a p 5 _ � DZSTRICT 8 N� — xO— "� �O �o°° `°`° 'm° _ su� W rerc �� r�3 -Z$? � .� �: �� 9 .=� � �� .� � � < �. �� t� �`.%i �%