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03-805Council File # �`�'�+ Resolution # Green Sheet # �� RESOLUTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Presented Ey C — i "„ ; PAUL, MINNESOTA � Re£erred To Committee: Date WFIEREAS, pursuant to Minn. Stat. §462357 and Saint Paul Legislarive Code §64.40Q Mike Kelly, Zoning File #03-292-684, duly petirioned to rezone proper[y legally described as Lot 17, Block 1, Robert L. Waze's Addition, PIN 09-28-23-22-0128, commonly lmown as 268 S. Cleveland Avenue, from R4 One-Family Residential to B2 Community Business for the purpose of constructing a mized-use building (townhouses and office space); and WHEREAS, the Zoning Committee of the Plamiing Commission held a public hearing on June 5, 2003, for the purpose of consideringthe rezoningpetirion, where allpexsons intexestedwere givenan oppor[unityto be heazd, and at the close of thepublic hearing, based on all the records an tesrimony, the Zoning Committee recommended that the rezoning be approved; and WHEREAS, the Plauning Commission considered the rezoning petirion and the Zoning Committee's recommendation at its meeting on June 13, 2003, and also recommended that the City Council approve the rezoning; and WHEREAS, norice of public hearing before the City Council on said rezoning perition was duly published in the official newspaper of the City on Ju1y 1 Q 2003, and notices were duly mailed to each owner of affected property and property situated wholly or partly withiu 350 feet of the property to be rezoned; and R'I�REAS, a public hearing was conducted before the City Council on July 23, 2003, where all interested parties were given an opportunity to be heard, and the City Council, having considered all facts and recommendations concerning the rezoning, found the proposed rezoning to be inconsistent with the Macalester-Groveland Community Plan and potenrially detrimental to adjacent residenrial property; therefore, the Saint Paul City Council does hereby RESOLVE, that the petition of Mike Kelly to rezone property legally described as Lot 17, Block 1, Robert L. Waze's Addition, P1N 09-28-23-22-0128, commonly known as 268 S. Cleveland Avenue, from R4 One-Family Residential to B2 Community Business, is hereby denied. Adoption Certified by Council Secretary By: Approved by By: Requested by Department of: .- �/ �� . ��u�� Approved by Financial Services By: Foxm Approved by City orney 1.��— c�=l.I—a� 3y: by 3y: Adopted by Council: Date ' �� D 3 -gD5 nEr�'rn�rrrio�cF✓courrcn.: PED DATE IN1TtATED GREEN SHEET No.• 3004117 8/13/03 - CONTACT PERSON & PHONE: AIIBII 1�1TI�i.mATE INjTini/DA'1'E L.ovejoy 6-6576 � i nsrn�xTMErrr Dm.� crrr covxcu, ASSIGN 2 Cf1YATTORNEY 4 C1TY CLEg[C M[75T BE ON COUNCII, AGENDA BY (DATE) r+I7�gg FINAN(:IAI, SERV DIR FINANCIAI, SERV/ACCTG FOR 3 MAYOR (OR ASST.) _ CNII, SERVICE COMbIISSION ROi7TING ORDER TOTAL # OF SIGNAI'URE PAGES 1_(CLIP ALL LOCATIONS FOR SIGNATIJRE) ncriox xEQUESrEn: Adopt attached resolution to memorialize City Council decision to deny the rezoning at 268 South Cleveland Avenue RECObIMQQDAITONS: Approve (A) or Reject (R) PERSONAL SERVICE CON'i'RACI'S MUST ANSWER 1'HE FOLLOWING Qi7ESTIONS: PLANNING COMMISSION I. Has this penon/Srm ever worked under a co�ract for tlus deparhnent? CIB COMNffITEE Yu No CNII, SERVICE CObIMiSSION 2. Has this persodfum ever been a ciry employee? Yes No 3. Does this person/fum possess a skill not notmally possessed by any curzent ciTy employee? Yes No Eaplain all yes answers on separate sheet and attach to green sheet INI1'iA1'ING PROBLEM, ISSUE, OPPOR'CUNITY (Who, What, When, Where, Why): C11y COUTICII VOteCI t0 CI.Ori}' TS10 3PjJI1C2.YlOri OP Mike Kelly to rezone properiy at 268 South Cleveland Avenue from R-4 to B-2 for the purpose of constructing townhouses and 2,000 squaze feet of cammercial space. � ADVANTAGESIFAPPROVED: CoUesCi� Rocs?aprh ,r,pr4ar '�� 2 6 2�Q3 DISADVANTAGESIFAPPROVED: �� AUG � ! A DLSADVANTAGESIFNOTAPPROVED: �/��y- p � � / �7 l�� wo TOTAL AMOUNT OF T'RANSACTION: COST/REVEN[JE BUDGETED: FIJNDING SOURCE: ACTIVII'Y NUMBER: FINANCIAI, INFORMATION: K�FLOORVqvejo}+�eevshettmavorializmgdevW aug13-03.wpd DEPARTMENT OF PLANNRJG & ECONOMIC DEVELOPMENT Mm7haG.Fvller, Director CITY OF SAINT PAUL Rarrdy C. KeZly, Mayor July2, 2003 Ms. Mary Erickson City Council Research O�ce Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Erickson: 25 Wesi Fourth Street SamtPaul, MNSSIO2 D 3 - Sb� � Telephone: 651-266-66�6 Facsim ile: 651-228-3341 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, July 23, 2003, for the following rezoning application: Applicant: Mike Kelly File Number: # 03-292-684 Purpose: Rezone from R-4 (one-family residential) to B-2 (community business) Address: 268 Cleveland Avenue South (at Berkeley one block south of St. Clair) Leqal Descri�tion of Propertv: LOT 17 BLK 1 OF ROBERT L WARES ADDITION Previous Action: Zoning Committee Recommendation: Approval, S-0, on June 5, 2003 Planning Commission Recommendation: Approval, 15-0, on June 13, 2003 My understanding is that this public hearing request will appear on the agenda for the July 23, 2003, City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6576 if you have any questions. Sincerely, � Allen Lovejoy � City planner cc: �ile # 03-292-684 Carol Martineau Paul Dubruiel Wendy Lane Allan Torstenson AA-ADA-EEO Employer - NOTICE OF PUBLIO AEAIFINCr -_ � The Saint Paul-Citp ouncil will con- duct� a public hearing on Wednesdaq, July 23, 2003, at 5:30 p.m. in the City Council Chambers; Third Fltroa; City Aall-Courthouse, 15 West Kellogg Boulevazd, Saint M1V, to consider the, application of Mike Kelly to rezane property a4 R-4 (one-family residential) to-.B-2 (eommunity business) ab�26S Cleveland Avenue South (at Berkley one block south of St. Clair). -, - Dated: July 3, 2003 � � , _ MARY ER3CKSON, � Assistant City Council Secretazry � - " - ' . (Juty 10) - - ==—='ST PAUL LEQA'L IEDGER = __—_ 22088990� - _ - ` - 03 - 8oS DEPARTMENT OF PLANNING & ECONOMIC DEVEIAPMENT Martha G. Fudler, Direcior SwINT PAUL � AAAA CIT'Y OF SAINT AUL Rmfdy C. Ke7ly , Mayar 1400 Ciry Hall Amnex 25 West Fowth Sveet Saint Pm�7, MN 55102 July I5, 2003 Ms. Mary Erickson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 Re: Zoning File #:03-292-684 Applicant: Mike Kelly 268 South Cleveland Avenue Purpose: Rezone from R-4 (one-family residential) to B-2 (commercial business) City Council Heazing: July 23, 2003, 530 p.m., in City Council Chambers. Staff Recommendation: Approval Zoning Committee Recommendation: Approval on June 5, 2003 Support: No one spoke in support • Opposition: Eight people spoke in opposition Planning Committee Recommendation: Unanimous Approval on June 13, 2003 Dear Ms. Anderson: T¢l ephone: 61 L266-6565 Facsimi[e: 612-228-3314 This application is scheduled to be heazd bythe City Council on July 23, 2003. Please notify Allen Lovejoy, (651) 266 - 6576 , if any member of the City Council has questions regarding this case. Sincerely, Allen Lovejoy City Planner cc: City Council members • AA-ADA-EEO Employer 0 3 � �b,� city of saint paul • planning commission resolution file nurnber 03-62 date June 2�, Zoo3 WHEREAS, Jaines Hiebert, File # 03301-98d, has appiied for a Conditional Use Permit urith a lot size modification to buifd a �ew two-unit Cluster Development under the provisions of the Saint Paul Legislative Code found in §60.413(13), which sets conditions for Ciusfer Developments, and §64.300(fl(1), which gives standards for modifying conditions, at 1806 S. Mississippi River Blvd. (PIN: 21-28-23-32-Q009) and Iegally described as LOT 21 BLK 1 ARC,4DIA PLAT; and WHEFtEAS, the Zoning Committee of the Planning Commission, on June 5 and June 1 S, 2003, held a public hearing at which all persons present were given an opporEunity to be heard pursuant to said application in accordance with the requirements of §64.300 of the Saint Paui Legislative Code; and WHEREAS, the Saint Paut Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantiaily reflected in the minutes, made the foilowing.findings of fact: - 1. 7he applicant, James HieberE, desires to- demolish a single family house and replace it with two aitached units under the provisions of the Cluster Development requirements. The parcel is zoned R-2, which aliows Cluster Development under certain conditions. The parce( size is approximately • 14,000 square feet (including one-half of the abutting alley}. Required parcel size in R-2 zones is 7,200 square feet for each unit, or 14,400 totaf square feet. 2. §60.413(1�) of the Zoning Code allows forctu§ter developments in R-2 districts, subject to-the ` foilowing conditions: . (a) There shall b� a minimum of two unifs. This condi�ion is met. Two units are proposed. (b) The units s.hall be attached, common wall, single-family, with no unit on the verBcal - airspace ofany other unit. This condition is met. The two units are side-by-side. (c) The parcel shail meet the (at area required per unit in the zoning disfricL This condition is not � met. Mir�imum fot size required in the R-2 district is 7,200 square feet per unif for a total of 14,400 square feet required. The projeet Ir�t and half of the abutting afley is approximately . - 14,000 square feet The Planning Commission has the power to modify the lot size condition as . explained in finding 4 belo�nr. (d) The parcel shafl Frave a minimum frontage of eighfy feet on an improved street. This condition is met The project lot has 80 feef of frorrtage on Mississippi River Boulevard. . moved by &ramer seconded by � in favar Unan�ous against Zoning File # 03-301-98D Pianning Commission Resolution Page 2 (e) The structure shal! conform to the schedule of regulaSons forheight, lot coverage, setbacks and parking. This condition is met.. Maximum heiqht for R-2 zones is 30 feet. This project has a building heighf of 28 feet 7 inches. Lot coverage maximum is 30°/a (or 4,200 square feet). The project lot coverage is 26.3% (or 3,678 square feet). Minimum front yacd setback requirement is the average of existing struetures on the block, or 53.91 feef. This project has a 66 f�of front yard setback to the front edge of the deck. Minimum side yard setbacks are 8 feet. Both side yard setbacks are siightly over 8 feet. Minimum rear yard setback requirement is 25 feet. The back yard setback is over.35 feet. Mmimum parking required is 1.5 per unif. This projecE has two 2-car garages, one for each unit. (fl The design shal! be compafible with the surrounding neighborhood. This corsdition is met. The structure wiil be a wood fraFr�e, conerete foundation witfi a fioished basemerrt consistent with "the area as an abave average custom design. The ex#erior materia(s are stucco witfi cultured stone at the entry levei on Mississippi River Blvd. The double house will sit between a single-famify house and a three-story apa�tment building. (g) .lndividual lots, 6uildings,.streef and parking areas shall be designed and situated fo minimize alteration of the nafural feafures and topography. This condition is met. .The project, as illustrated in fhe site plan drawing, �ivili minimize impact to.the existing topography and trees on the.site. . • (hJ Applications foi clusfer development sha/i include sde pl�ns, including landscapfng and. • eFevaSons and other informafion the planning commission may request. This condition is met. A.sife plan, elevatio�s and sfte grade are incfuded in the applicatioa Nouse plans dated 6/4/03 were su6mitted for the ioning file. _ 3. §64.400(d) listsfive standards that ail conditionai uses must satisfy: (aJ The extent, location and fnterisify af the use wi!l be in subsfanSal compliance witit tPre Saint Paul Comprshensive P/ari and arry subarea p/ans wF�ich were approved by the cify council. This condition is met` There are no provisions in any subarea plans to prohibit such development. Furthertnore, genera! provisions of the Land Use and Housing Elements of the Comprehensive Pfan encourage more intensive infill.housing. For example, the Housing Element states that "[h]ottsehaids in this [Saint Paul's] market are looking for altematives to the single family home with its ov�m yard: townhouses, condominiums and other properties more. easily maintained.. ° (P 157`: � (b) The use will provide adequate ingress and egress to minimize traffic congestion irt the public streets. This condition is met. Access wiil be moved from the curb cut oFl Mississippi River 6oulevard-to two curb cuts off the rear alley. Minimizing curb ct�ts an Mississippi River Boulevard helps the flow of traffic, parficufa�ty during peak periods (c) The use will not be detrimental to the;existing character of flie deve/opmerrt in the immediate neighborhood or endanger fiie public healttr, safefy ana' genera! weifare. Th'ts condition is met. The front yard sefback is app�oximately 66 feef, in keeping with other setbacks along the Boulevard. Further, aftention is paid to keeping the proftte of the building from exceeding fhe • height limit of 30 feet. And finally, tMe project ca� act as an effectiVe buffer from the larger . multi-family PO development to the east and single fainily homes to the west. o3-go� 03 - 6b5 Zoning �ile # 03301-980 ' Pfanning Commission Resolution . Page 3 (d) The use will nof impede the normal and orderly development an"tl improvemenf of the s�rrounding property for uses permitted in the district. This condition is met. This projecf will have no demonstrable negative impacfs of the surrounding property for uses permitted in fhe district, and.among permitted uses in the R-2 zone is such a cluster development. (e) The use shal(, in all other respects; conform to the applicable regulations of fhe disfrict in which it is lacated. i condition is met. As stated ahove, such a cluster development is a permitted use within the R-2 �oning district. 4. This project requires a mod�cafion for the size of the lot of 400 square feet. §64.300(fl(1 } of the Zoning Code lists the provisions for modifying special condifions. They are: (a) Strict ap,olication of fhe 7,200 square foot requi�ement per dwelling unit unreasonably limits or prevents ofherwise lawful use of fhe properfy and would resulf in exceptionaf undue hardship. This condition is met. The existing house needs to be demolished or undergo substantial renovation. Recapturing a value similar to the single family homes on the block face would be highly uniikely, especially given the fact.that adjacent to the parcel's eastem boundary is a large multi-family development. (b) Modifying the lot size requirement wil( not impair fhe infent and purpose of such special condition. This condition is met. The lot size modification is 400 square feet, or a 2.8% • modifieation. Such a smail modification will not impair the intent and purpose of the condition. (c) Modifying the lot size requirement is cQasistenf wifh the health, morals and ge�era! welfare of the community. This.condition is met. �Removal af the existing structure and replaced with a new one will improve the appearance of adjacent'property. (d) Modifying the iof size requiremenf is consistent w'�th reasonable enjoyment of adjacent properfy. : This condition is met. In all liketihood,�property yalues of the adjacent property wouid, increase as a resuit of the construction of the cluster deuelopment. NOW, TFtEREFOf2E, B.E iT RESOLVED, by the Saint Paul Planning Commission, under the authority . of the City's Legislative Code, that the application of. James Hiebe�t for a Conditional Use Permit with a lot size modification to buiid a new two-unit Cluster�evelopment at 1806 S. Mississippi River Bivd. is liereby approved subject to the condition that the ne4v. double house shatl conform substantially to the site plan and the exferior buitding plans submifted [n conyunction with the application {by Schwieters Home Design, dated June 4, 2003). • L:4lmanda�Zonmg�Pcdocs\03-301A80jme£F03per.wpd M-ADA-EEO Fmployer 03 -�a5 . Saint Paul Ptanning Commission City Hall Confe�`ence Center 15 Kellogg Boulevard West Minutes of June 13, 2003 �► ... <: A meeting of the Planning Commission of the City of Saint Paul was held Friday, June 13, 2003, at 830 a.m. in the Conference Center of City Hall, Commissioners Mmes. DonneIly-Cohen, Faricy, Zitnmer Lonetti, Morton, Shortridge, and Trevino; Present: and Messrs. Atexander, Alton, Anfang, Field, Fotsch, Gordon, Johnson, Kramer, Mejia. Commissioners Mmes. *McCall, ; and Messrs. *Dandrea, Gervais, *Kong, *Mazdell, and Rosales. Abseets '�Excnsed Also Present: Lazry Soderholm, Planning Administrator; Donna Drnmmond, Lucy Thompson, and Mary Bruton, Depattrnent of Planuing and Economic Development staff: I• Approval of Minutes of May 23, 2003 • II. III. MOTION: Commissioner Fotsch moved apptoval of the minutes of May 23, 2Q03. CorRrmissioner ponnelly-Cohen secoxded the motion. The motion carried unanimously on a voice vote. Chair's Announcements No report. Planning Administrator's Announcements Mr. LazrySoderholm reported that City Council adopted Balipazk Signs Zoning Amendments two weeks before on a 43 vote. Sponsorship signs were approved as permitted uses at designated fields. They will not have to come back to the Planning Commission for condifional use permits. This week at City Council.• - Established the Cesaz Chavez Street Renaming Task Force; Chair Iv[orton designated Commissioner Shoriridge to represent the Planning Commission on the task force. - Dealt with the Roblyn/Pascal billboazd; the Snelling-Hamline neighborhood withdrew its appeal ofthe Planning Commission decision. Mr. Soderholm stated that the IvIetropolitan Council districts have been changed and the East Side of Saint Pani will now be represented by Rick Aguilaz who lives in West Saint Paui. Either Glen • Skovholt or Song Lo Fawcett will Iose a seaY because they both live in the westerly half of the city, which will be joined into a singie district. D3 � 8oS #03-301-673 • �� Eric Robbins - TNT Fireworks - Detenmination of Similaz Use and C�fiditional Use • Permit for outdoor sales of fireworks. Sibtey ptaza pazldng Lot, 2513 7`" s�t. W, between Davem and Alton. (.Toel Spoonheim, 651/266-6614) Commissioner Field stated no disirict comment was received. No one spoke in support. No one sgoke in opposirion. The pubiic hearing was closed. The Zoning Committee recommended approval on a vote of 8-0. MOTION: Cotremissioner Field moyed the Zoning Com»uttee's recammendatiox to approve with conditions the determinatiox ofsimilar use and condition¢[ use, Commissioner Field stated-this case also consists of a tent that will be set up for selling fireworks between the dates of June 25'� and July 5�`, 2003. 27te motion carried unanimousZy on a voice vote. #03-292-684 Mike Kelle - Rezotte from R 4 One-Family Residential to B-2 Cammunity Business to allow a pzoposed mised-use commercial-residential building. 268 Cleveland Ave., NE comer at Berkeley. (A11enLovejoy,651/2666576) Commissioner Field stated that Disfrict 14 recommends denial of the rezoning; recommending, instead, that the entire block face on Cleveland Avenue be rezoned TN. No one spoke in support. Eight parties spoke in opposifion. The public hearing was closed. The Zoning Committee . recommended approval of the rezoning on a vote of 7-1 (Gordon). • M01TON: Conemissioner Field moved the Zoning Committee's recommend¢tion to approve the rezoning. Com Lonetti staYed this pmperty is on tfie same bIock where she lives and said the person doing this owns a pharmacy on the block and she thinks he is trying to do a good job, saying there has been a lot of discussion with the aeighbors. Commissioner Lonetti stated this is a good development for this corner whicfi has a lot o£unused land and a duplexed house on the comer. _ Commissioner tYnfang added that Distrfct 14 recommended that ttxis be changed over to TN zoning wIrich currently is not in existence. The TN zoning wouid actually allow similaz uses to what is being proposed here, but would be somewhat more resirictive on the types of businesses al2owed. Commissioner Field stated that when we zezone properry the rights go forwazd with that land owner or any subsequent ]and owner, so the committee shouldn't rely tota$y on Mr. Kelley's proposed developmen� He stated the Zoning Committee, ia addition to recommend'mg the rezonin� passed a motion that the site plan review be referred to the Planning Commzssion with a public hearing at the Zoning Committee. This will provide protection and an opportunity for neighbors to espzess their concems about the details of the development. , Commissioner Kramer stated that most of the objections of the surrounding coinmimity dealt cvith what could happen in a$-2 zone. But when you review B-2 uses that might be objectionable to an adjoining neighborhood, most of them are oond�tto� �es with size or distance requuements that • dus lot won't meet Commissioner Kramer is comfortable about recommending B_2 for this single 15 03 - 8� �� • pazcel adjoining •uhat is already a B-2 neighborhood commercial area. �� The ino&on to recom�nend rezoning carried uaanimourZy on a voice vote. MOTTON: Commissioxer Field then moved lhat whex the site plaa for this proposed development is submitted to LIEP, that fhe City st¢ff'be i�structed to send it to the Zonisg Cotnnriftee for a public hearing and Planning Commission action. Comrniasioner Lonetti seconded 1he mofron. The motion carried unanimously on a voice vote. Commissioner Field requested that when the Commission's rezoning recommendarion is reported to the City Council that this special site plan review procedure be reported simultaneously. #03301-980 James Hiebert - Conditional Use Permit for a 2 unit cluster development. 1806 S. Mississippi River Blvd., between Prior and Kenneth. (flZZen Lovejoy, 651/266-6576) Commissioner Field stated District 15 recommencis denial. FVo one spoge in y�xppoc� p Ile P �, spoke in opposition. The public heazing was left open and the matter was laid over to June 19, 2003, on a vote of 8-0. Commissionet Field announced the agenda for the Zoning Cotnmittee meeting on 7une 19, 2003. OLD BUSINESS • #03-301-980 James Hiebert - Conditional Use Permit for a 2 unit cluster development. 1806 S. Mississippi River Blvd., between Prior and Kenneth. (Allen Lovejoy, 651/266-6576) NEW BUSINESS #03-304-203 Green Mill Restaurants Inc. - Two sign vatiances for a projecting sign. 1) Surface display azea: 38 sq. ft. proposed, 12 sq. ft. allowed. 2) height: 24 ft. 2 in, proposed, 20 ft. allowed. 1342 Grand Ave., SW comer at Hamline. (Yang �hcmg, 651/266-6659) #03-308-236 BZ Auto S orts Inc - Conditional Use Permit for an auto speciality store with access to the pazking lot through the alley. 146I University Ave VS., NW corner at Pascal. (Yang Zhang, 651/266-6659) #Q3-307-100 Jose Ponce - Condirional Use Permit for outdoor sales from a food concession ttailer. 672 Arcade St., NE corner at Margazet. (Penelope Simison, 651/266-6554) #03-302-2�7 Grand Investors 2001 LLC - Site Pian review for a one-story commerciai development with pazking on roo£ 1060 Cttand Ave. (T'om Beach, 651/266-9086) �. Comprehensive Planning Committee Riverview Corridor 5tatiou e�rea Plans - Set public hearing dates for September 12�` and 26' (Penny Simison, 651/266-6554) \ J 16 03 - SSC�" • MINUTES OF THE ZONING COMMITTEE Thursday, June 5, 2003,- 3:30 p.m. City Council Chambers, 3rd Floor City Ha(I and Court House 15 West Keilogg Boulevard PRESENT: • STAFF: Anfang, Alton, Faricy, Field, Gordon, Kramer, Mejia, and Morton Ailen Lovejoy,� Carol Martineau, Allan Torstenson, Peter Wamer The meeting was chaired by Commissioner Field. Mike Kelley- 03-292-684 - Rezone from R-4 One-family Residential to B-2 Community Business to allow a proposed mixed-Use commerciai-residential building. 268 Cleveland Ave., NE corner at Berkeley. Ailen Lovejoy presented the staff report with a recommendation of approval for the rezoning. He stated that District 14 recommends denial of the rezoning; they recommend instead that the entire biock face on Cfeveland Avenue be rezoned TN. He also stated there were severai letters of opposition to the rezoning. At the question of Commissioner Gordon, Mr. Torsterrson explained that if the property were to be rezoned TN2 the planner's recommendation would be approvai and the whole parcel would be rezoned TN2. Upon further question of Commissioner Gordon, Mr. Lovejoy stated residential zones don't seem to work. B-1 may have some potential. The neighborhood has concems as to what businesses couid come in with B-2 zoning. Alien Torstenson stated the application for B-2 zoning was at the request from the appiicant. Mr. Ron Bue4ow, representative of the applicant, stated this is a quality project that fits in with the neighborhood. The applican4 has participated in six presentations and discussions with the community council and held at least two additional semi-private meetings with interested neighbors, The quality of the project is expressed in the high quafiiy of the materials being used on the building, The project is consistent with the requirements that are proposed in the TN zoning amendments. An appliration for B-1 would have delayed the project because a new application would have been required. The owner has offered to put a restrictive covenant on the property to protect the neighbors from any undesirable uses. The applicant is willing to reappiy for TN when it comes into effect. He went on to explain the project and the improvements that would be made to the neighborhood and the property. At the quesfion of Commissioners, Mr. Buelow stated that, aithough there is no set back from the property (ine along Berkeley, there wili appear to be one because the property line is 5 feet north of the inside edge of the sidewa(k. There is the curb line and about 5 feet of grass, 5 feet of sidewalk, and then 5 more feet of grass before you get fo the property line and the building. He aiso expiained that the parking lof wouid slape gradualiy up frorti the front entrance on • Cievefand to the back on the alley. The enclosed underground parking is approximately 2 feet below grade at the southeast comer of the property. o3-gos' Zoning File # 03-301-980 June 5, 2003, Zoning Committee Minutes Page: 2 At the question of Commissioner Gordon, Mr. Buelow explained that there are other issues in relationship to B-1 zoning that would be disadvantageous to the owner: (1) The kind of restauranf thaf is alfowed in B-1 would differ from the restaurant thaf is already on the biock; (2) The setback requirements would be differenf and it is better to keep the facades of the building out at the right-of-way lines. The project will be used primarily for residential with 2,500 square feet of commerciat space, which is being designed to be split into two o�ce spaces. At the question of Commissioner Anfang, Mr: Buelow stated the owner would be willing to make the property atl residential. At the question of Commissioner Gordon, Mr. Buelow stated the project as currently designed would need a parking variance and a heighf variance. No one spoke in support. • Sarah Shalager, 2052 Berkeley Avenue, stated zoning is designed to wntrol growth and according to the Nlacalsster-Grovetand long range plan, new commercial businesses should adjoin eacisting commercial nodes, should be in keeping with the e.xisting businesses in size and scafe, and should be partialiy supported by local foot traffic. According to the City of St. Paul's Zoning Code, Section 63.110 on general design sfandards, new development shall_relate to the • design of adjacent traditional buildings in scale and character. This can be achieved by maintaining similar setbacks, facade divisions, roof lines, rhythm antl proportionate openings, building materials, and colors. The Cify wants to eliminate pocket zoning because the buildings tend to become run down when houses are too close to commercia► buitdings. �th B-2 zoning the owner could demolish the existing house but then the new building on the site, with commercial space, would be face to face wifh the homes acro&s Berkeley. That would hurt their viability as economicaliy strong properties in the rea! estate market. There is no support from the neighbors for the rezoning pefition; it was moved forward on the support of commercial owners in the neighborhood. B-2 zoning is the least restrictive form of commercial zoning and once approved there would be no input from the neighborhood over what types of business or size of structures that could be erected. At the question of Commissioner Gordon, Mr. Torstenson explained that the amount of commercial space could be reduced fo 20 percent of tfie first floor but it probabiy can't go away entirely under B-2 zoning. At the question of Commissioner Anfang, Mr. Torstenson stated that if TN2 was available the parcels couid be joined and mixed use would be allowed. Derik Tonn, President of fhe Maca(ester Groveland Community Council, stated Mike Kelley had several meetings with neighbors and the community council and the council is not opposed to redevelopment, provided thaf the project is nof too big in scale compared wi�h the surrounding parcels in the community. 6-2 doesn't have enough restrictions on the types of businesses that • could locate there in the fufure. TN zoning would be an excellent altemative for this project. 03- 805 • Zoning File # 03-301-980 June 5, 2003, Zoning Committee Minutes Page: 3 At the question of Fieid, Mr. Tonn stated he is concerned about fhe size of the project along with the fear of B-2 zoning—even with resfrictive covenanfs on types of business because covenants cannot always be enforced. Also, even if the site plan review is done by the Planning Commissian with a pubiic hearing, his council wouid still have reservations about the B-2 zoning. The difference between Snuffy's and this project is that there is a. buffer between them and the single family homes in the immediate area. Upon question of Commissioner Kramer, Mr. Tonn explained that the TN zoning would appease the neighborhooii buf that is not available right now. At the question of Commissioner Gordon, Mr. Warner stated B-1 wouid not be spot zoning, since it would make a transition from B-2 to residential. Laurel Refer, 2043 Berkeley Avenue, stated that if the property were to be rezoned B-2 they were concerned about the impact it would have on the residential property values and pedestrian safety with the schoof in the vicinity. Kathleen Johnson, 1964 Lihcoln Avenue, stated she had traffic and parking concems with the rezoning. Camilie Same Scale, 2032 Berkeley Avenue., had concerns about property values, parking, and what type of future uses could come in if the property is rezoned B-2. Eliza Neyday, 2112 Berkeley Avenue, had concems about the traffic levels and parking issues. Naomi Rettke, 2044 Berkeley Avenue, stated that the project should be put on hold untii it couid be zoned TN. , Patricia Dolan, 1975 Berkeley Avenue, reiterated the fact that Berkeley is a residential street and there are two schools in a two block radius of this p�oject. Increased traffie wiil be a problem for the children walking home from schooi and the recreation center. The project wiil also cause a parking probiem. In rebuttal, Ron Buelow stated the applicant collected eteven commercial signafures and four residential signatures for their rezoning petition. The house that exists now is not a good buffer for the neighborhood because it is an isolated lot and the house has been badly maintained. They would like to pursue the TN2 zoning in the future but wouid not like to be penalized by having tfie project delayed. until the TN-2 zoning comes into effect. At the question of Commissioner 1Cramer, Mr. Buelow stated the appiicant would be wiliing to do a restrictive cove�ant attached to the deed to prohibit undesirable bus+nesses from coming in, but reliance on a restrictive covenant was not acceptable to the neighbors. The owner would pursue TN2 zoning when it comes into effect. • Commissioner Gordon stated the efforts to meet with the neighborhood we�e to be 03 - gaS� Zoning File # 03-301-980 June 5, 2003, Zoning Committee Minutes Page: 4 congratulated; the Planning Commission could lay the case over to allow further process with fhe neigfiborhood. Ron Buelow responded that any further delay would cause financial hardship and overtures were aiready made to the neighborhood. At this point he didn't believe that laying the case over would help them work out their differences with the neighbors. Mike Keiley, the applicant, stated he would like the Zoning Committee to make a decision and they wouid continue to work with the neighbors to make their development all residential and a smal{er project. At the question from Commissioner Fieid, Mr. Kelley stafed he did not have a problem with the site plan coming before tfie commissioners. After further discussion Cammissioner Faricy moved to approve tAe rezoning. Commissioner Morton seconded the motion. The motion passed by a vote of 7-1 with Commissioner Gordon voting against. • • Adopted Yeas - 8 Nays - 0 Drafted by: Submitted by: ��-P� An//y�`) Carol Martineau Larry Recording Secretary Zoning Approved by: Chair r� U b3 � U ' ZONING COMMITTEE STAFF REPORT FILE # 03-292-684 1. APPLICANT: Mike Kelly HEARING DATE: June 5, 2003 2. TYPE OF APPLICATION: Rezone from R-4 (one-family residential) to B-2 (community business) 3. LOCATION: 268 Cleveland (at Berekely one block south of St. Clair) 4. PIN 8� LEGAL DESCRIPTION: 09-28-23-22-0128, LOT 17 BLK 1 OF ROBERT L WARES ADDITION 5. PLANNING DISTRICT: District 13 - Macalester-Groveland PRESENT ZONING: R-4 6. ZONING CODE REFERENCE: §64.400 and Minnesota Statutes 462.357 7. S7AFF REPORT DATE: June 5, 2003 BY: Aflen Lovejoy 8. DATE RECEIVED: April 21, 2003 DEADLINE FOR ACTION: June 20, 2003 A. PURPOSE: To rezone property at 268 Cieveland Avenue South to ailow for construction of a 6-unit housing project with 11 parking spaces within the structure and 2,500 square feet of • office or retail on the southeast corner, first floor B. PAl2CEL SIZE: 4,800 square feet C. EXISTING LAtdD USE: One single family home, zoned R-4 D. SURROUNDING LAND USE: To the north is B-2 fronting on Cleveland Avenue and St. Clair Avenue; to the south, east and west are singfe family homes in tfie R-4 zone. To the noRhwest is commerciai office in the B-2 district E. ZONING GODE CITATION: §64.400(a) of the zoning code provides for rezoning of property by the City Council pursuant to the provisions of Minnesota Statutes §462.357. F. HISTORY/DISCUSSION: There is no recorded zoning history of 268 C{evetand Avenue South G. DISTRICT COUNCIL RECOMMENDAT(ON: Macalester-Grovetand Gommunity Council recommends denial of the rezoning; recommendirtg, instead, that the entire block face on Cleveland Avenue be rezoned TN H. FINDINGS: 1. The applican#, Mike Kelly, wishes to rezone property at 268 Cleveland Avenue South to B-2 so as to enable construction of a 6-unit residential building with enciosed parking • and 2,500 square feet of office or retail on the first floor. The rezoning to B-2 conforms to the abutting property to the north and across Cleveland Avenue to the northwest. The proposed B-2 zoning is compatible and consistent with the commercial-residential \ 03�� File #03-292-684 May 27, 2003 Page: 2 development proposed for the site. 2. The proposed rezoning is consistent with the fiousing Element of the Comprehensive Plan which states, "[e]ncourage the production of 300 to 400 housing units a year fhat can be sold or rented to smailer househoids...on sites throughout the city." Being so close to commercial services and transit, this site is idea! for such development. Furthermore, the Land Use Element of the Comprehensive Plan emphasizes the notion of "mixed land uses/mixed use developments" toward the concept of pedestrian-oriented village centers that include the following: - building out to the sidewalk - locate parking lots to the side and rear of.buildings - screen parking lots from the street - human srale lighting - architecture that respects the neighborhood conte� - windows to the sidewaik This projecYs preliminary site plan does an excellent job of foliowing those guidelines. i 3. The proposed rezoning is consistent wfth the Macalester-Groveland Community Pian which envisions the area to be a°primarily single-family community with higher-density vertical mixed use development in selected existing commercial clusters° (page 2). One of its land use recommendations is to encourage mixed use housing development with • commercial uses on the first floor and residential uses upstairs in selected commercial clusters (Recommendation 2, page 2). 4. The proposed B-2 zoning is a natural southern extension of the B-2 zoning and land uses along Cleveland at St. Clair, and this project creates a strong transitional design and use from pure commercial to the single-family neighborhood to the south, east and west. The proposed B-2 zoning is compatible and consistent with the existing nearby single-family residentiat development and with the B-2 commercial uses to the north and northwest. 5. A consent petition giving the written consent of the owners of two-thirds of the several descriptions of real estate within 100 feet of the contiguous property owned by the applicant has been submitted and determined fo be sufficient (25 parceis eligible, 17 parcels required, and required signatures for 17 parcels received) as required under Minnesota Statutes 462.357, §Subd. 5 !. STAFF RECOMMENDATION: Based on the findings above, staff recommends approval of the request of Mike Keliy to rezone property at 268 Cleveland Avenue South (PIN 09-28-23- 22-0128, LOT 17 BLK 1 OF ROBERT L WARES ADDITION) from R-4 (one-family residentia!) Yo B-2 (community bus+ness). • PETITION TO AMEND THE ZONING CODE Department of Planning and Economic Development Zoning Sectian 1400 City HaU Annex 25 West Fourth Street Saurt Paul, MN SSIO2-1634 (65I) 266-6389 APPLiCANT PROPERTY LOCATION Property Owner �l �1% �ZLL� City St. Zip Daytime Phone Contact Person {if Address/Location ZG8 I,GL-�/LGbN� bV�7�lC.� �• Legal Description Current Zoning � �/ (attach additional sheet if necessary) TO THE HONORABLE MAYQR AND CITY COUNCI�: Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, owner of land propo5ed for rezoni��, hereby petitions you to the above described property from a rZ- �, , zpning distriCt to a � 2 zoning district, for the purpose of: Ci�� z5< � �� 3 �� o dd (attach additionai shee#(s) if necessary) Attachments: Required Site Pian � Subscribed and $wom to before me this�� day of 'mQ�YZ�In .2p�,. Consent Petition � Aff'idavit � �i�' , ! / Fee Owner of Rroperty �� Title• ��'"� • - ANGELA R. l.EHNB[3 (�vt..a-3� NotaryPUblio-Minne�t� ary Ru ic �'�^�+m�es�m+ar,2aas Page 1 of ,_ / r : �► _.-�.. : .b3 -�aS ZOi�tING PETITION SUP'P'ICIEIv'CY CKECK SHEET _ ' x�zo��v� sc� ncuP FIRST SUBMITTED DATE PETtTlON SUBMITTED: � '�/� G � DATE OFFICIALLY RECEIVED: PARCELS ELIGIBLE: �� PARCELS REQUIRED: ,� PARCELS SIGNED: �3 12ESCT$�1ITTED . � DATE PETITIOY RESUBSf[TI'ED: ��'� DATE OfiFICIALLY FZECEIYED: ��`� � �� PARCELS ELIGIBLE: � � PARCELS REQUIRED: . � � PARCELS SIGYfiD: � i CEIECKED BY: �(N�� w��` G� DATE: �_ � � � � - y -3v -� 3 z�N1NG FfLE � r� u v.�iVJr LvVJ iV��1 V�� Ji�v�v •�uv r�aY�i�� vr�wrr � �. .�+.� � PED 14TH FLO�R o�ac«.+«� � • -- — • MRY-0� 2003 14=43 . CITY OF SA.INT PAUL �3 -� b� • AFFIDAVIT O� PERSON CIRCULATiNG CONSENT PETITION POR A REZONING STATE OF MINNESOTA) :SS COU?�iT'Y OF 12AM5H'S�' ) }Zp�b(.,� GJ• T3V�ZG� , being first duly sworn, deposes and states that helshe is the person w o circulated the conse�t petisian consisting of � pages; chat afFiant is informed and believes chac the pascies described on the consent petition are the owners of tha garcels of real estate dcscribed iramcdiately before each name, and that each of the pazeies described on the consent petitian is an owner of property within I00 'Feet of the subject property describcd in the petition and a]1 propetty eouti$uous to che subject property that was owned, purekaced or soId by cfte petitioner wirhin one (1) yeat preceding the date of che petition; chat the consent pecition was signed by each said owner; and that th� signaiures are the tcue and coc[ect sigssatures of each and all of the parties so described. CJ � 17� � c.v-pv�2�x-.� �� .�� -. = - , .� . Gs7--G �a�-oa'oa' -P-,� /8 TELEPfiONE NUMBER Subscribed and swom to hefore me this ``i "" day of �_. 2Qo�. � :�. / � .- ,�' � "OFFiCIAL. SEAL" Andzew 3. I�(ogle No�ary PubGq Stttc oPIllinois MY Commi�ion Exp. OlpAnpp6 �� v fiRY-02 14 - 43 .. .. .,.._ PED 14TH FLUUK . ,..,., �........ . ,......� � ...._._._..,,_—.. . . _ . . .,, .,,. , CITY OF SAINT PAYJL a 3 '�� .�.FFIDAVTT'4F PETITTONER F�R A REZONING • STATE OF MINNESOTA) COUNTY OF 1tAMSEY ) :SS The petitioner, � �N •�� , being first duly swom, deposes and sta' consent petition contains signatures of t6e owners of at leasc two-[hirds (?13a of alt eligihle � within 100 feet of t6e subject property described in the petition and al� property contiguous property rhac was owned, purchased, or sold by the petitioner within one (I} year greceding the �etition; petitioner is informed that the consent peation must contain signatures from ea owners of joindy-awned properiy in order w constitute consent from That groperry and thaL ± obtain consent from each and a�l owners could invalidate rhe consent petition; petitioner beJ consent petitioa was signe@ by each of said owaers and that the signatvre are the uue and cc signatures of each and all of the pazties so described. that the the subject : date of and all lure �o ves that the � ei. � i � .. � Z�l G'�'t�Z1�f� blb: -�v'T�-� ADDRESS G1'T —GP�'� d8o � ��-ar. /d' �xorrE rnrNnaEx Subscribed aud swor� to befote me chis � dsy of ,�._, 200�. � �� •. �p�FICTRL SEAL" Andi�' 3 - � Nomnl 1'�Wic Srax o�4(Z006 MY �0mm'�oa Exp• :ao: • • TOTqI P.H4 � � ;;� <ri .'af n3 - �� ° °° '� - �� 0 f ��Z S { {� 6�N �+ 5 a .. 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N � � � W n � � � � �� . � �: � � � �� : � � � . ��_: � : ;� � V t � � � O � � \ � � 4 � N _ _ - �� ' Q ! • _ . 1 - G�� . � ` � � 4 ( Y\ � I -T. !�S 9M . i�fRGM f1JMY� JI'1'�'i ti� 5 ��' eS �33 £�� I - I , � ��: �� D3 - 6�5 � ::, -�� :� Y � � `w ! ,� �� r � � � � S 4 � �,��, \.i • `� i � -' � � I +- - --=T �-- � I ' �;{ I � � ^ i � �� i � , � .� : � �- -- .--I-- ��`-�---- --- --- �� _ � � : �, ��DO��a��o �_ � . ��_ � z�� j �� _ . - _ _- � � � .�,�.�_o,� OC� ,�__ ____� , ; �� _-� �, _ _ d , �� , ; � �_+ . .�. , � � ---- , a , - -- .� � � v —� � . � l�J i � � _ -, ; �, �:�.�.. , :. � _ ,� � hej� 1 , . � 1 1 < i �; � �� 'r � �. _ � `^.i � i . x _ �? � �' '=��T '� i i � �; � ,� ..` _ -_- I � - ... �� i �. �' � � v t �' - _ 4� � �r �, � � � � - � � I _ . :.- , - --- i �w �,�� , Macalester-Groveland Community Council 320 South Griggs Street Saint Pau1,1�1'innesota 55105-2800 Telephone: 651-695-4000 May 20, 2003 Fax: 651-695-4004 Planning Commission c/o Allen Lovejoy Department of Piatu�ng and Economic Development 1100 City Hall Annex 25 West Fourth Street 5ain# P�u1, lYI1�T 55102 Dear Members of the Planning Commission, 03- �o� Website: www.macgrove.org The Macalester-Groveland Community Councii recommends denial of the application to rewne 268 Cleveland Avenue South as B-2. The community council has been involved iu meetings with residents and ttie property owner and his azchitect for the past yeaz and a half. Considering residents' comments, the recommendation from the community council's Housing and Land L1se Committee, and Ifftowledge of the proposed Traditional Neighborhood zon,ng, the Board of Directors of the Macalester-Groveland Community Council passed the following resolution on May 8, 2003: The Macatester-Crroveland Community Couneil opposes the zoning of 268 Cleveland Avenue South as B-2 because it would change the current character of the neighborhood. However, the Macalester-Crroveland Community Council recommends the Cleveland block face (242-268 Cleveland Avenue Sonth) be zoned as Traditionat Neighborhood (TN), as defined and described in the proposed reformatted zoning code Arkicle III. 66300. The Macalester-Crroveland �o�uaity Councii also recommends that tne City of Saint FauI act quickly to enact the new TN zo nina districts. Thauk you for your consideration. Should you have questions, please contact me at 651- 695-4000 or laura(c�macgrove.org. Sincerely, ��a�La�-r .��zl�iva�n�u��K� Comnunity Organizer/Executive Director c.c.: Mike Kelly, Property Owner Ron Buelow, Architect Patrick Hazris, Ward 3 Councilmember n U • r� L_J 03 ' �b �" � _ .�_ ._. ..,. K �2.6. � Gle vt.�a.� �u�so . � - ;.� � � �_. � � o_ -F 7� "z - ' �. �_ a° s -' . - . -. , . - . srx' ' ' , �°w � � .+�. -�' e�...5 _ ,,. :..., .. _'� ', . _ � �x > 3� t � a - : " ,¢ ; ,� � - ^ �� x t `.li � t .fi ':' _ .,' j} _ . e`" ��, __ _ _ c . .'" ` n �"�' > ,%n _ ,� } p � a :'S - _. . . � �`e_ve� � �%m,ht�'� , �^�� ` -,^' � z 3`, .'S-.. �...�"'},^ :. � � � - . - -� --- 'f"o '�'� l�or�C�W �S� 03 � 6aS � 26 �S G�eUe�a� /Q�l. � : � a � � :� k a ;; �� f. � � � ` z �V - v�' ^i��:£" . + • � ...- � �_v`T..�a.'u. 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