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05-766S�.e.v�s►a+�+ �(��OS Council File # ��(Q GreenSheet# 3027470 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Refened To Committee: Date 2 Whereas, Joshua N. Onchwari, in Zoning File No. OS-092-40b, made application to the 3 Planning Commission pursuant to the provisions of the Zoning Code § 65.706 for a Conditional 4 Use Pemut for outdoor sales of motor vehicles for property located at 1117-1125 Rice Street 5 (between Geranium & Jessamine) and legally described as AiJERBACH & HAND'S 6 ADDTITON TO THE CTI'Y OF ST. PAUL EX S 7 FI', LOT 7& ALL OF LOTS 5& 6 BLK 11; 7 and 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2A 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Whereas, the Planning Commission's Zoning Committee, after having provided notice to affected property owners, conducted a public hearing on the said application on May 12, 2005, where all interested persons were given an opportunity to be heard and, at the close of the public testimony, moved to lay the matter over for the purpose of deternuning whether the said applicant migRt prepare a different site plan for submission to the Zoning Committee; and Whereas, on May 26, 2005, a revised site plan prepazed by the applicant and a recommendation by pianning staff to approve the revised site plan application was presented to the Zoning Committee. However, based upon the reasons of Commissioner Kramer, which were acknowledged and joined by the other Commissioners on the Zoning Committee, the Zoning Committee recommended denial of the application; and Whereas, The Planning Commission, in its Resolution No. OS-62 adopted on June 3, 2005, moved to deny the Conditional Use Permit application based upon the following findings and conclusions set forth in the said Resolution: 1. The applicant has recently purchased the property to use for outdoor auto sales. The applicant intends to build a new 36 ft. x 42 ft. building at the rear of the site to house the sales office and space for 4 cars to be readied for sale. The site pian show 3 employee parking spaces, 6 customer parking spaces, and up to 16 cars for sale (four in the building and 12 on the lot). 2. §65.7061ists the required conditions for approval of outdoor auto sales: (a) The lot or area shall be provided with a permanent, durable and dustless surface, and shall be graded and drained so as to dispose of all surface water accumulated within the area. The lot is already paved, meeting this condition. �j��1�0 2 (b) Vehicular access to the outdoor sales area shall be at least sixty (6) feet 3 from the intersection of any two (2) streets. This condition is met. Access 4 to the site is provided by driveways that are over 100 ft. from the nearest 5 intersections. 6 7 (c) No repair or refinishing shall be done on the lot unless conducted within a 8 completely enclosed building. The applicant states that he will abide by 9 this condition. He states that he has an auto repair and body shop in 10 Minneapolis, where these kinds of repairs wili take place. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (d) The minimum lot area shall be fifteen thousand (I 5,000) square feet. A site plan shall be submitted showing the Zayout of the vehicles for sale or rent, employee parking, and customer parking. This condition is met. Counting'/z the alley, the lot azea is 15, 142 sq. ft. The required site plan has been submitted. (e) In the case of pawnbrokers.... The business is not a pawn broker, so this condition does not apply. §61.501 lists five standards that all conditional uses must satisfy: (a) The extent, location and intensity of the use will be in substantial compliance with 2he Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council. This condition is met. Comprehensive plan policies support fostering business grown and appropriate accommodation of businesses in neighborhoods and business districts (General Policy 28). The Rice Street Small Area Plan, which is still in draft form and has not yet been approved by the District 6 Planning Council, the Planning Commission, or the City Council, recommends rezoning this property to TN2, which would not permit outdoor motor vehicle sales. (b) The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. This condition is met. The site plan submitted with the application show two existing driveways which will supply adequate access to the site. (c) The use will not be de2rimental to the existing character of the development in the iinmediate neighborhood or endanger the public health, safety and general welfare. This condition is not met. Uses in this immediate azea of Rice Street are those permitted in B2 and TN2 districts. This use would be the only one on this block that would require B3 zoning, and would therefore be detrimentai to the existing chazacter of development in the immediate neighborhood. (d) The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. This condition is not met. The proposed auto sales lot will impede development and improvement of sunounding property for pernutted uses. Page 2 of 3 05`�,lpl.o 2 (e) The use widl, in all other respects, conform to the applicable regulations of 3 the district in which it is located. This condition is met. The site plan 4 submitted meets or exceeded the requirements for setbacks, off-street 5 parking, and landscaping. The existing fence along the alley will be 6 retained to prevent alley access to the site. The existing landscaping beds 7 need to be maintained, with weeds removed and dead shrubs replaced. 9 Whereas, Pursuant to the provisions of Leg. Code § 61.702(a), Joshua N. Onchwari, in 10 Zoning File No. OS-117-434, duly filed an appeal from the Planning Commission's deternunation 11 and requested a hearing before the City Council for the purpose of considering the actions taken 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 by the said Commission; and Whereas, Acting pursuant to Leg. Code § 61.702(b) and upon notice to affected parties, a public hearing on the said appeal was duly conducted by the City Council on July 20, 2005, where all interested parties were given an opportunity to be heazd; and Whereas, The Council, having heard the statements made, and having considered the application, the report of staff, and all the records and minutes and resolution of the Planning Commission, does hereby Resolve, That the Council of the City of Saint Paul hereby affirms the decision of the Planning Commission in this matter as the Council finds that there has been no showing by the applicant of any eaor in the findings, facts, or procedwes of the Planning Commission; and Be It Further Resolved, That the appeal of Joshua N. Onchwari is hereby denied; and, Be It Finally Resolved, That the City Clerk shall mail a copy of this resolution to Joshua N. Onchwari, the Zoning Administrator and the Planning Commission. Adopted by Adoption C B7': � e Approved b: By: �anan Requested by Department of: >trom �� a � -ns I��v gen i ry �: itgomezy iae _ Form Approved by Ci y Attorney ��`l`�P � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � PE - planning&F•conomicDevelopment � 2,�,�� Green Sheet NO: 3027470 Confact Person & Phone: ( -' Patricia Jarnes �� i Pssign Must Be on Council Agenda by (Dafe): � Num6er I For S �3 "O $ � Routing Order ContractType: RE-RESOLUiION Total # of SignaW re Pages _(Clip All Locations for Signature) 0 1 2 3 4 5 6 lsonine & Econ "c Develoo Direc[or/S Kimberl "NAttorne GSNAa ev a or•s Office Ma or! istsat �oancil CiN Council i " Clerk Cti C7 rk lannin & Eco omic Develo Patricia James L Approve resolution memorializing Ciry Counci] action denying Joshua Onchwan's appeal of the Planning Commission's deniai of Condirional Use Permit for outdoor sales of velucles at 1117 - 1125 Rice St. (File #OS Public hearing held 7uly 2Q 2005. idations: Appro�e (A) w Reject (R): Pianning Commission CIB Cammittee Citil Service Commission .rersonai servwe 1. Has this persoNfirtn e�er worked under a cont2ct for this depaRment? Yes No 2. Has this persoNfirtn e�w been a city employee? Yes No 3. Does this persoNfirm possess a skill not notmally possessed by any current city employee? Yes No Explain all yes answers on separste sheet and attach to green sheet Initiafing Problem,lssues, Opportunity(Who, What, When, Where, Why): � � Joshua Onchwari applied for a Condirional Use Permit for outdoor sales of vehioles at 1117 - 1125 Rice St. (File #OS-092-406) He appealed the Planning Commission's denial of the application. AdvanWges IfApproved: CiTy Council intent is finalized. JUL 2 6 2005 Disadvanpqes IfApproved: None Disadvantages If NotApproved: CiTy Council action will not be completed. Total Amount of Transaclion: Funtling Source: Financial lnformatbn: (Explain) CosNRevenue Budgetetl: ActiviN Number: July 21, 200511:33 PM Page 1 & ECONOMIC DEVELOPMENT Sus¢n KrmberZy, Director CITY OF SAINT PAUL Randy C. Ke1Zy, Mayor June 14, 2005 Ms. Mary Erickson City Council Research O�ce Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Erickson: 25 West Founh Street Saint P¢ul, MN 55102 t=f p5-Zt�� Tel ephone. 651-266-6700 Facsimile: 651-228-322 p I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, July 20, 2005, for the following zoning case. Zoning File Number: 05-117-434 Appellant: Joshua Onchwari Address: 1117 - 1125 Rice St., between Geranium & Jessamine Purpose: Appeal of Planning Commission denial of Conditional Use Permit for outdoor sales of vehicles. (Zoning File Number 05-092-406) Previous Action: Zoning Committee Recommendation: Denial, 7- 0, May 12, 2005 Planning Commission Decision: Denial, 13 -1 (Mejia), June 1, 2005 I have confirmed this day with Councilmember Helgen's office. My understanding is that this public hearing request will appear on the agenda for the July 13, 2005, City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger at least 10 days in advance of July 20, 2005. Please call me at 266-6639 if you have any questions. Si e ely, -. Patricia James City Planner cc: File #: 05-117-434 Appeilant: Joshua Onchwari John Gearin Paul Dubruiel Wendy Lane Carol Martineau Allan Torstenson NOTICS OF�PU$IdC HL!lR�NG � - � 1Iie Saint Paul.City Coimcllwiti 6ondud a publlc. _hearing on Wednesday, July 20, 2005 at�5:80 p.m.,in-.the Ciry Council Chambers,�Third Floor �Yty-Hall,r15 Weat %ellogg BotilBvazd, St. Paul to �consider the appeal�of Joshua Oncha+ari to a decision of the Planning Commission� denying �a Condit'torial Use Perurtti for outdoor sales of vehicles at 1117 -- 1125 Rlce Street (behveen Geranium ancLJessamme). (Zon- ing F71e No. 05-092-4p6}. � - . - Dated: June 16, 2005. - . - ' MARY ERiCKSON � ' . ' Asststant �Sty Council Sec[etary "- . � " Fhme?A1 � . 81: PAIIL I.EGAL IEIIGF1t -'J2098997 � M-ADA-EEO Employer DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMEM Svsan KimGerly, I)irector CITY OF SAINT PAUI., Randy G KelZy, M¢yor W� June 14, 2005 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 25 West Fourth Street SBntPmel MN55102 � �_�� Tel ephone: 651-2666700 Facrimile: 65I -228-3220 Re: Zoning File #: 05-117-434 Appeliant: Joshua Onchwari Address: 1117 - 1125 Rice St., between Geranium & Jessamine Purpose: Appeal of Planning Commission denial of Conditional Use Permit for outdoor sales of vehicles. (Zoning File # 05-092-406) City Council Hearing: July 20, 2005, 5:30 p.m., City Council Chambers Staff Recommendation: Approval with conditions District Council: Recommended denial � Zoning Committee Recommendation: Denial, vote: 7- 0 Support: 3 people spoke, 1 petition with 33 names was received Opposition: Pianning Commission Decision: Deadline for Action: � Staff Assigned: Attachments: cc: Zoning File #: 05-117-434 Appellant: Joshua Onchwari John Gearin City Councii Members District Councii: 6 Wendy Lane Larry Soderholm Ailan Torstenson Peter Wamer 2 people spoke, 3 letters were received Deny, vote: 13 -1 (Mejia) August 17, 2005 (extended) Patricia James, 266-6639 Planning Commission resolution Planning Commission minutes, June 1, 2005 Zoning Committee minutes, May 12 and May 26, 2005 Correspondence received Staff Reportpacket AA-ADA-EEO Employa oS APPLICATION FOR APPEAL Deparhnent of Planning and Economic Development Zonutg Section 1400 City HaIZAnnec 25 West Fourth Street Saint Pau� MN 55102-I634 (657) 266-6589 OnG� 3� APPLICANT I Address ��a� — 67�` �� • city 8roo klvh �n-Fer st. MN z; 55 g 3 0 Daytime Phone 61 i - 9l9 — �516 PROPERTY LOCATiON Zoning Fiie Address / L � x M 1"YPE OF APPEAL: Apptication is hereby made for an appeal to the: ❑ Board of Zoning Appeais �Cify Council ❑ Pianning Commission Under the provision of Chapter 61, Section �0 a. Paragraph Q. of the Zoning Code, to appeal a decision made by the is S t'a n J o5 -09 a - �06 � 31 �5 , 20 b 5 . File Number: ate of decision) GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requirement, permit, d�cision or refusal made by an administretive officiai, or an error in fact, procedure or finding made by the Board of Zoning Appeais or the Planning Commission. �i (attach additiona( sheet if necessary) Co t� Z3�� G � �3 � . . . �-��-~ �6 9�(�s c- Arrlicant s S�gnature Date_�_ ity K:�fom�tlaPPfo�ppeal.wpd il/8/04 a.�� (�j—�le�e Gronnds for Appeal � Re: Joshna Onchwari's application for a Conditional Use Permit FYle #OS-092-406 When Mr Onchwari purchased the vacant lots at 1125 and i 117 Rice Street, he did so because the properry had been used as an automobile lot. When Mr. Onchwari applied for a Conditional Use Permit to establish an outdoor auto sales lot on his pmperiy, he did so with the l�owledge that his property was zoned as B3. He was also aware of the fact tUat the previous bwner had used the property as an outdoor auto sales lot. The Zoning Commiitee Staff Report found, that Mr. Onchwari met the four relevant conditions for annroval of outdoor auto sales as well as all five criteria tUat must be The St. Paul Planning Commission denied Mr. Onchwari's application for two reasons: � the Commission found that Mr. Onchwari's application did not meet §61.501(c), which requires that the "use will not be detrimental to the elcisting character of the development in the immediate neighborhood or endanger the public health, safety and general welfaze." The Commission stated that because uses in the immediate azea of Rice Street aze those permitted in B2 and TN2 dishicts and that Mr. Onchwari's property would be the oniy one on the bIock that would require B3 zoning, Mr. Onchwari's proposed auto lot would therefore be detrimental to the existing chazacter of development in the immediate neighborhood. When a city enacts ordinances designating a specific use as permitted in a particulaz district, it determines by implication that the permitted use is consistent with e�cisting uses. PTL v. Chisago County Board of Commissioners, 656 N,W.2d 567, 573 (Minn. App. 2003). If the City of St. Paul believed that a business requiring B3 zoning was not appropriate for this area of Rice Street, it should not have given the azea a B3 zoning designation. The simple fact that the current development in the immediate area does not itself require B3 zoning is not a valid reason for denying a pemut for a business that does require B3 zoning when that business meets au tne o£ner criteria oi fne zoning ordinance. Furthermore, B3 is defined as a"general business districY' that is intended for use "adjacent to community business districts." In other words, the very definition of a B3 zone includes the fact that it is next to a B2 zone. By denying approval of a B3 business in a B3 zone because it will be nexf to B2 businesses, the Commission ignores the ciry's own ordinance. To allow such a decision would essentially allokv the Commission to engage in rezoning simply by denying permits. That is cleazly not the intent of the detailed and well conceived ciry zoning ordinance. In addition, Mr. Onchwari presente@ detaile@ plans Yhat included a plaa for an aesthetically pleasing brick buiiding on Rice street that fit with the existing architecture � of the street and district Fiis plan contemplated the sale of only 16 cazs, a"mini lot", with � � the 12 automobiles lcept on the back of the lot and out of sight from Rice stree� being blocked by the new buildi.ng and greenery and 4 cazs displayed in the new building. The Cit}�s deternrination that the proposed use would be detrimental because of the B3 use is not supported by these additional facfs, which demonstrate that any alleged negative affect, even assuming that the City is correct, is mitigated by the unique characteristics of this automobile business, including it's small inventory, the unique design and the barrier from Rice street. In essence, the City is denying a legal proscribed use, even after the applicant has made tremendous efforts to assuage any opposition at great additional expense, based on an unsubstantiated detPr�ation. Actually, the proposed business would be cangruent with, rather than detrimental to the existing uses. Secondlv, the Commission found that Mr. Onchwari's application did not meet the sL:ndar3 �f,�51.50:(d; whichreqt::res thai "the usa :;aill no� impede tue uor�� a:.0 orderly development and 'unprovement of the surrounding property foi uses permitted in the district." As noted above, the Zoning Committee Staff Report of Patricia 7ames found that Mr. Onchwari's applicarion did meet this condition and that his auto sales lot would not impede development in the area. In reversin� this findin�, the Commission cited no facts whatsoever unon which its decision was based. The Commission's denial is therefore unsubstantiated, as compazed to the approval recommended by Patricia James which was based on thorough and extensive findings, including review of detailed site plans, proposed use and other factors included in the Zoning Committee Staff Report of � May.12, 2005. The. city must base its denial of a conditional use permit on factual findings as well as on a correct applicarion of the law. In denying Mr. Onchwari's application for a failure to meet §61.501(c), the Pianning Commission circumvented the city's own ordinance. In denying Mr. Onchwari's application for a failure to meet §61.501(d) the Planning Commission made a conclusory finding with no factual basis. CONCLUSION The Pianning Couunission's factual determinations are erroneous and/or azbitrary. Prombi�ing the proscrioed and ailowed use is are aiso contrary to iaw. Therefore, Joshua Onchwari respectfully requests the City council to reverse the decision of the pianning commission. � 2 city of saint paul plann.ing.commission resolution f�number o5-s2 dafe _ June 3 2005 05 �� WHEREAS, Joshua On�hwari,. File ##OS-092-406, fias applied for a Conditionai Use Permit #or outdoor sales of motor vehicles under the provisions of.§65.706 of the Saint Paui Legisiative Code, on properry loca#ed af 1117 - 1125 Rice St., Parcel fdent�cation Numbers (PIN) 25-29-23-11-0189, 25-29-23-11- 0183, legally described.asAUERBACH & 1-tAND'S ADDITION TO THE CITY OF ST. PAUL EX S 7 FT, LOT 7�& ALL OF LOTS 5& 6 BLK.11; and . - WHEREAS, the Zoning Commiftee of the Planning Commission, on �viay 12, 2005, held a public hearing at which all persons present were given an opportunity to be heard pursuant fo said appiication in accordance wifh the requirements of §64.300 of the Saint Paul Legislative.Code; and WHEREAS, the Saint Paui Pianning Commission, based on the evidence presentesi to its Zoning . Committee at the public hearing as,substantiaily reflected in the minutes, made the foilowing findings of. fact: 1. �, The applicant has receritly purchased the propeity to use for outdoar auto sales. Tfie applicant intends to buiid a new.36 ft. x 42 ft. building at the rear of site to house the sales 6ffice and space for 4 cars to be readied for sale. � The site pian shows 3 emploqee parking spaces, 6 customer parking spaces, and up to 16 cats_for sale (four in the building and 12 on the lotj. . §65.706 lists fhe reqaired conditions for approvai of outdoor auto sales: (a) The.lot or area siiall be provided with.a permanent, durable arrd dustfess surFace, and sha11 be � graded and drained so as to dispose of a!! surface water accumulated wifhin the area. The lot is already paved, meeting this condition. jb) Vehicular access to the ouEdoor sales area sha11 be at least sixty (60) feet from the intersection of any h-uo (2) streefs. This condition is met: Access to the site is provided by driveways that are over 100 ft. from the nearest intersections. . (c) IVo reparr or refinishing sha/f be done on the lot �rnfess conducted w'dhin a. completety enclosed building. The appiicanf states that he wili abide by this candition. He states thaf he has an auto repair and body shop in Minneapolis, where these Ecinds of repairs will take piace. (d) The minimum lot area shall be fifteen thousand (15, 000) square feef. A site plan shall be submitted showing the layo.ut of fhe vehic%s for sale or rent, employee parking, and cusfomer parking. This condition is meE. Counting %z the ailey, the lot area is 15,1�42 sq. ft. The required site plan has been submitted. (e) ln the case of pawnbrokers.:.. The.business is not a pawn broker, so this condition does not aPply. moved . by Mortor, seconded by in avor d�insf A�qroval to denv- 13-1 � � Meiia Zoning F1e # 05-092-406 Pianning Commission Resolution page 2 e f�'�� 3. §61.501 lists five standards that ali conditional uses musf safisfy: .. � (a} The extent, lacation and inPerzsity of the use avill be in substantiaJ compliance with the Saint Paul Comprehensive Plan and any applicafile subarea plans which we�e approved by the city councii. This condition is met. Comprehensive p(an pofiaes support fost@ring business grown a�d ,." appropriate accorrimodation of businesses in neighborhoods and business districts (Generai .. Policy 28). The Rice SfFeet Smail Area Plan, which is sti1[ in d�aft forin and has not y.ef been appfoved by fhe Disfrict 6 Planning Councif,:fFie P(anning Commission, or fhe City Councii, r�cemmerds rezoning fhis properEy to TN2, which wouid no: pem;it outdoo: motor vehicie sales. (b) The use wiI! provide adequate ingress and egress fo minimize traffic congestion.irr the public streets. This condition is met. The site plan submitted wifh fhe application shows two ebs6ng _ driveways; r�vhich wilt supp(y adequafe access to the sife. (c) The use will not be defrimental-to the existing characfer of the developmenf in the irrimediafe neighborhood or enda�ger fhe public health, safefy and general welfare. Tfiis condition is not met. Uses in fhis immediate area of Rice.Street are.those permitted in 62 and TN2 districfs. This use woufd be the only one on this biock that woutd require 63 zoning, and would therefore be defrimenta( fo. the exisfing character of devetopment in fhe immediate neighborfiood. _ (d) The use wil! not impede the normal and orde�ly developnient and improvement of tlle .. surrounding property for uses permitted in the district This condition is not met The proposed , aufo sales lot will impede development and improvement of surrounding proper[y for peRnifted uses. , , , (e) The use shatl, iri al! otherrespects, conform to fhe applicable regulations of the districtin which it islocated. This condition is me#. The site plan sutimitted meerts orexceeds the requirements for sef6acks, off-street parking, and landscaping. The �bsting fence along the aifeywill be retained to prevent alley access to th� site.: The exisfing _landscaping beds need to be maintained, with weeds removed and dead shrvbs reptaced. ` NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Ptanning Commission, underthe authoritjr af the City's [.egislative Code, that the appiication of Joshua Onchwari, for a Conditional Use Permit for � outdoor sales of vehicies at 1117 -1125 Rice St. is hereby denied: . � � � f l�j � Saint Panl Planning Commission City HaIl Conference Center 15 Kellogg BonIevard West Minntes of June 3, 2Q05 A meeting of the Planning Commission of the City of Saint Paul was held Friday, 7une 3, 2005, at 8:30 a.m. ui the Conference Center of City Hall. Commissioners N1mes. DonnelIy-Cohen, Zimmer Lonetti, Lu, McCall, Morton, Present: _ and Trevino; and Messrs. Altoa, Anfang, Bellus, Gordon, 7ohnson, Kong, Kramer, Mejia. ' Commissioners Mmes. •Faricy, *Porter and Messrs. *Aligada, *Coletta, *Dandrea, *Goodlow, Scott. Absent: *Excused Also Present: i,arry Saderholm; Planning Administrator; Donna Drummond, Jessica Rosenfieid, Penny Simison, Allan Torstenson, Cazol Martineau, and Kate Fleming, Department of Planning and Economic �evelopment Staff. I. Approvai of minutes of �iay 20, 2005 � MOTION: Commissioner ponxelly-Cohen moved ¢pproval of the minutes of M¢y 20, 2005. Corrzmissioner McCal1 seconded the motion. The motion carried unanimously on a voice vote. II. Chair's Announcemerits Chair Johnson and Commissioner Kramer stated they attended a luncheon in honor of the ground breaking of the final segment of Phalen Boulevazd. A small azea plan for land use and st�eet conneetions is just being started foz the east and of the Phalen Coriidoz, which Commissioner Kramer will, be chaizing. Chair Johnson annaunced ffiat the Long-range Policy Committee will have its first meeting on Thursday, June 9 at 8:00 a.m. on the 11`" floor of City Hall Annex. Commissioner Bellus has agreed to chair the committee. If more commission members want to join the committee, please contact Chair 7ohnson or Commissioner Bellus. Chair Johnson also made a request for any membeis who would Jike to serve as liaisons to the Riverfront Compact, which is being or° nized by the Riverfront Corporation and F'azks and Recreation. III. Planning Administrator's Announcements Larry Soderholm reported on the planning-related items on the City Council agenda dn 7une 1". Ae thanked Commissioners Gladys Iviorton, Brian Alton, and the other members who organized the refixement and goodbye party for Mary Bruton. � Commissioner Gordon reported on the City Councii's public hearing and vote on the Jeremiah Project. �,-�4.1n iv: zo� co�cc� Commissioner Morton gave tlle Zoning Committee report. OLD BUSINESS #OS-092-406 Joshua Onchwari - Conditional Use Permit for outdoor sales of vehicles. 11I7-1125 Rice Street, between Geranium & Jessamine. (Patricia Tames, 651/266-6639) Comxnissioner Morton stated tbat District 6 recommended denial. Three peaple spoke in support. One petition with 33 signahaes were received m support. One person spoke in opposition and 3 letters in opposition were rebeived. The public hearing was closed. The Zoning Committee recommends denial on a vote of 7-0. MOTION: Commissioner Morton mm>ed tke Zoning Commillee's recommendation io deny the Conditiona7'Use Perncit. The mofion to den'y passed on a vote of I8-1(Mejia). rrEw susnv�ss � #OS-097-113 Lynda 1Vlohs - Nonconformmg Use Permit to estab&sh legal nonconforming . use stafus for an income tax/accounting business. 1771-1775 Ford Pazkway, between Fairview � andDayem. (Patricia.7ames, 65I/266-6639) Coxnmissioner Morton stated that District 13 made no reoommendation. No one spoke in support. One letter was received 'm support No one spoke in opposition, and three letters were received "m opposition. The public heaiing was closed The Zoning Committee recommends approval with conditions on a vote of 7-0. M07TON: Commissioner Mortox moved tTie Zoning Commitiee's recommendation to approve the 1Vonconforming Use Permit The motion carried unanimously on a voice vote. #OS-098-650 McDonald's USA. LLC - Conditionai Use Permit for a fast food restaurant (reconstruct existing business). 1165 Prosperity Ave., SW comer at Maryland. (PatriciaJames, 651/266-6639) Commissioner Morton stated that District 2 recommendeit approva�. One person spoke in support. The public hearing was left opened. The Zoning Committee laid the case over to 7une 23, 2005. 2 � � _J � Recorded and prepazed by Kate Fleming, Planning Eommission Secretary planning and Economic Development Department, Ciry of Saint Paul Respectfully submitted, �ILityl��li � ;.:: . .. , .�� .. pED�F]exningVvfmutaUtme 3, 2005 Approved � 7 i � � � S @a�). = ��'�.�: ue McCail Secretary of the Planning Commission i � PRESENT: STAFF: EXCUSED: MINUTES OF THE ZONING COMMITTEE 7hursday, May 26, 2005 - 3:30 p.m. City Couhcil Chambers, 3rd Floor . City Hall and Court House 15 West Keliogg Boulevard Aiton, Anfang, Donnelly-Cohen, Faricy, Gordon, Johnson, Kramer, and Morton Paficia James, Carol Martineau, and Peter Wamer Mejia The meeting was chaired by Commissioner Morton. �J'��V Joshua Onchwari- 05-092-406 - Conditional Use Permit for outdoor sales of motor vehicles. 1117 Rice St, between Geranium 8� Jessamine. Patricia James presented the revised site plan wifh a recommendation of approval with condition(s) for the Conditional Use Permit. Patricia James also stated District 6 recommended denial, there was 1 petition with 33 signatures in support, and 3 lefter(s) in opposition. Commissioner Kramer stated there were no other B3 uses on the block and this presented some concem. Ms. James gave a history of the property and how it evoived for a use of oufdoor sales of vehicles. Commissioner Richard Kramer moved denial of the Conditional Use Permit based on revisions of findings 3c and 3d of the staff report that the use would be detrimental to the existing character of development in the ,��a and wauld impede the normai and orderly improvement in the surrounding area. Commissioner Kathi �te41y-Cohen seaonded the motion. - Commissioners Anfang, Alton, Donneliy-Cohen, Gordon, Faricy, Kramer, and Chair Morton voted denial for the reasons given by Commissioner Kramer. The motion passed by a vote of 7-0 Adopted Yeas - 7 Nays - 0 Abstained - 0 Dra.fted by: �-�/l.�� J�19 0 �'L1-✓J Carol Martineau Recording Secretary � -. :. �i._i1.�1'� � - � . . - . Approved by: / / � ' ✓ � �� / � �. .. i�� . . � MINUTES OF THE ZONING COMMITTEE Thursday, May 12, 2005 - 3:30 p.m. City Councii Chambers, 3rd Floor City Hall and Court House 15 West Keliogg Boulevard PRESENT: STAFF: EXCUSED: Alton, Anfang, Johnson, Kramer, Mejia and Morton Patricia James, Carol Martineau, Allen Torstenson and Peter Wamer Donnelly-Cohen, Faricy, Gordon The mee6ng was chaired by Commissioner Morton. Joshua Onchwari- OS-092-406 - Conditional Use Permit for outdoor sales of motor vehicles, 1117 -1125 Rice St, befinreen Geranium & Jessamioe. �J'�1�2�1 � Patricia James presented the staff report wifh a recommendation of approval with conditions for the Conditional Use Permit. She also stated District 6 recommended denial, and there were no letters in support, and 2 fetters in opposition_ At the question of Commissioner Kramer, Ms. James stated the 1997 Conditional Use Permit was. established for a different configurafion and included the property to the south. Joshua Onchwari, the applicant, gave a history of the property and expiained how he would run his business. �ie also sfated there wouid be no cars needing repair outside the building. Irene Mbiti, 6110 Portland Ave., Minneapolis, MN, explained the site plan, storm water management, and the� sidewalk area. ' John Guerin, attomey for the applicant, Oakdale, MN, stated that this lot was very small compared to the other two auto sales {ots on Rice Street. He stated there was a substantiai investment in the lot it does fit the zoning code. Mr. Guerin also stated that Mr. Onchwari is willing to work with the neighborhood and District 6 to make the building and car lot design consistent with what District 6 would like to see on Rice Street. Upon question of Commissioner Mejia, Mr. Guerin, stated they would agree to a lay over on the condition that they would be working to�yards a solution on the problem. Nkia Pao-Saochai Vang, 1433 Rich St., stated that, for some reason, auto sales in this neighborhood have always been denied. He stated that there were problems with the previous finro deaters on this sife, but the appticant has a separate repair business, so there won't be a problem. He aiso said that the applicanYs business wouid be good fior the neighborhood. Kerry Antrim, District 6, spoke against the conditional use permit. She handed out a copy of Rice Street guidelines recently adopted by SPARC, stating the building wouid be buiit towarcts fhe back of the property and does not comply with the commercial guidelines for Rice Street. She questioned the appiicanYs statement that he wouid not repair cars at this locafion, since the building has four spaces inside. Having these spaces wouid be in direct conflict with what the applicant is proposing. 8he stated that half the alley shouid not be counted toward the lot area. She stated that the Rice Street Pian was approved by District 6 in December, and it was decided that this area of Rice Street be rezoned to TfV1, whicfi wouid not permit this use. She Atated that high volumes of traffic on Rice Street wouid make it difficult to access the site and it would maximize the traffic congestion. She stated that an exisfing driveway onto Rice Street is only 29 feet from th� intersection of Rice and Jessamine, and it should be 60 feet. District 6 recommends denial of the Conditiona! Use Permit because it does not conform to the neighborhood. She aiso stated the North End Business Association sent a letter, and SPARC and the Tri-Area Block Ciub e-mailed letters in opposition. The Land Use Task Force is concemed that the proposed use would not provide a viable business based on the lo � . inventory of cars being sold. � missioner Me�ia pointed out that a Gondifionat Use Permit gives Commissioners the right to place cfions on a use. There can be a condition that no auto repair or vehicie salvage is permitEed. It is legal to haif of the alfey to meet the minimum requirement for lot space. He asked if the building is moved to the front of the lot as opposed fo having it in the back, if fhaf wouid be acceptabte to District 6. Mr. Guerin, stated it is important fhat this parcei of land is nof yet rezoned. The appliqnt would be wiiling fo move the 6uiiding to front on the street_ He would like the hearing continued so they can present another design. if Disfrict 6 wouid like some accommodafions, they would be happy�to work with them. Nb repairs wauid happen at this lot because the appiicant owns three tow trucks, which would aliow for immediate removai of cars thaf are not operabie or need work. The pubiic hearing was closed. Commissioner Matthew J. Mejia moved to lay over the Condifional Use Permit to May 26, 2005. Commissioner Matt Anfang seconded the motion. Commissioner Kramer stafed he would vote against the motion; because the design is a secondary issue to the use itseif. The motion passed by a vote of 41 with Commissioner Kramer voting against. Adopted Yeas - 4 Nays - 1(Commissioner Kramer) Abstained - 0 hrafted by: � �� t��t91z Carol Martineau Recording Secretary Submitted by: Approved by: �S /�9 G�'.�G � Patricia James Giadys orton Zoning Section Chair ) i , �si 3zg.6os� �� Pefition for suoport of Outdoor Auto Sales Business on 1917-1125 Rice S eet By signing below 1 support Joshua Onchwari, a minority smaii business owner, to open an outdoor auto sales bs,tsiness at the above address. Name l• Z• 3 • �F • s G• ?' �• �• ��. /f . x �Z • i3 • ��. � 1.�. Pb. ,� ly. i5 • -zv . Ji• 32• �3 �f a� 2� �.$. ��. 3 3I• �2• 33• . � • �� Signature l��s .s3+^�� 1 IP � t i ..�L�i�: � ,b.i ' � � � os - o �z - �� - �-1��c� C� Di�ic� 6 Date: Aprii 27, 2005 �o: Planning & Economic Develapment Patricia ,lames 400 City Halt Annex 25 West 4�' Street Saint Paul, MN 55102 Council 213 Front �4venue St Paul, MN 55117 Phone 651 488-4485 Fax S51 488-0343 � i7,q ��l� Pi�� 20p5 �� Re: 1125 Rice — Conditional Use Pem�it for new used car dealership Dear PED, St. Paui Planning Commission, Zoning Committee On April 27, 2005, the District 6 Planning Council Land Use Task Force met to discuss the above:ibt`spli� and variances. The Task Force voted unanimously to deny the • propose`'deoiiditioriafu"se�permfts%�The fallca�nring.factorsweF,��o#ed�,.. . , . . ...,, . � ; ,:. : : ,; .. :,:-..... ; .:. . . :.., :.�:<:�.;_;, _,_.....: : � - ,i'� .'S;, c ..,.,�. ..., � • . . b. ,:'3v �. .-e ` ..:..... . ,. :y..... L..<»..::.li i: : :. '.-::�:...)i: ,_e✓'E�C: .�. • The addi�ion of ana#brer`used auto dealership tat�ie area is materia4ly..in conflict witfi a number of local pta�iningoutlines including the:iarge Area Plan, the Rice Street Small Area Plan and the Comprehensive Plan. • Adding a used auto dealership to Rice Street, where such dealerships are aiready in surplus, is not conducive to stated goals of business diversity in the area. • The property plan conflicts with commerciat guidelines being discussed for the Rice Street Area in that the commerciaf building wilt be at the back of the lot where. guidelines cal! #or them being at the front. . • The proposed use is in conflicF with the imminent TN-1 zoning to take effect. • The Task Fdree:is concerrt'ed�haf.the proposed. use_would. not proye. a viable �bttsiness mbdel sofely�asan auft� dealership vuith•the.e�ctremely;low:volume'of _ inventory proposed (13 cars for sa(e). There is a concem that a genuine need for '•",`,`: higtier��uoteime`cou(d tiecorr�ea�iaer:fo7k¢�n,porr�p�ianee appr.oved _ • `�onelitioii's` in=the=f�ftiPe: .:, ��. '' - t - . .. — • i: yl �q . , ..�„ _ - . __ • _ . .. .I3L.' i ii.;. ..,_ :'%72'A :�; [ " _ _ _ _ _ . , .; .. .. . . •- ��..`e'f:.^:, ��.,. � _.` �.: �. ,:.... � ,..,. �:... t . : .t_ .i�..e r_� .. , „ �. •; The unexplained presence of vehictes cuRently on tiie lot, that have bee`n ttie�e � �`��p for some time, needs to be addressed. If is unclear whether these cars are autos for repair, for sale, or simpiy storage, and whether the rec}uired permits for this activity have been secured. � � The proposed use for the site does not meet the condifions required by article V.61.500 Section 61 _501 of the City Code in order to approve a conditional:use perrrtit. !f there are any further quesfions or concems from any of #he parties involved, District 6 Planni g Councit can be reached at 651-488-4485. Thank you. ��r- " — Jeff Martens, Land Use Taskforce Chair District 6 Ptanning Council � � . Cf�`1(�l � >� �'�us pioposai'is nof'corisis�ent`vintti �di�e�iee�t: smaii ai'�a pian�vi�ir�, ..fiYto�zgh=FioY �et ac}opted �y :�he-Crt�, is in �ts •f's�ai s�ages of �the groeess. Ti�e �ereati�sn of this plaai is the resutt of a" directive from tlie F�iipleaie;i�atitiii Stra�egy (pg. 63)" of th� advpte� I�istFict 6:�omgrr�ensiue�Ftar�: tlze-p�ase-caf �v�xich is.to re�vit�ize 3�ice � �#.,-snecaf�t.�'�u3'-s��ai�-n�rth�seut�x2or-r�d�irs. Si�ce-�roperk��4-�ers-i��e _.�_ _. , .._ . . _ � �, z�s �a_ €}ia#ri� 6 P}anfung Cnuncit Land I7se Task�ores t�arc� � �ity �cs"u.ttcilmeinber Heiaen C�� t�f St. �a�3 �3' Prom: Tri Area Block Qub :l�em�ezs:a��fi�e �ri:Area.$Tocict`lu�:oppose.Ehe.requestinr yariances.anda conditianai u�e permi# fai etjjnstruc�ion nfa buiiding. #or ti�e piupnse nf tzperatinga vsed vehirle sales business at 1125 Itice Street, `Ths western bQUndary �f ths b2ocZc d�ts ss o�ee•�rloek east of �� • (}� Fs 1s�s� a�t fihe f .�-�,_.-, <....__,._ -_ . --- --- --_ ____- _--.,.�.. ad�pt�d=t� i� �j ,�x�� 28, �064� jr�er�e tt� °C�a}s� �btect'rv�s�.fiart, Go�i 3, t3}�es�tive 3 ansi atsa pagss a3 art�t 4SJ: --• �.-.—.-_-.�_ ch�xtges, t�s a�a.� to � a e�en:iec� , " P='¢pe�t5r. ��cti4� � s�=al� ks� .� .This siEe. do.es.noE iend,its�f. �o. such use. .3'0. our. knau+le..dge,. �revious iicense �equiremeriEs i3isa11t�.wed usage a��e a%leywaq:�orllusr.n�§§ use du� �o shar�zl �esrd�r��iat usage, I1°ce �ig2� vn�ums of Yraffic on Rice �t. c�stes n4t l�nsi ii�st£ fiA ac�ess•o�ar�o��#Ttat�stree�: `foou€:TcnoEw�ge;-�evkou.s-�}�ireaae-��Tsfl-;iia��- �e site access to �essanune Ave. #or deiiveries. T}te current chi�•Qgrac�c business on t3le � si#eo �� essa n�t�e . t��ue , _the�a��o�ess-af�ess�mixzeA�e�ue ; ,anci��te � p�oximi�y t� t,�� i;.te�ae��axt of �.iee Street �� essa,�;�i.�� iv�i�;z� zr<.ke this �ore d�ficufk , *$vext t�ough,this site has been use.d�oz.�uto �ales in, fhe. gast, tk�ere.l�ad been ortgo4ng groblems regarding eode violation� and nancomplianee of ii�ens� conc�i�ig2tg. � T'his proposal does not meet the canditions required by �de V:61.�� S,eetion &3..�f31 of.�e..Ciiy!Code.itt or-dQr a conc�itionai.useper�it. = use is n6t uE coiaip�iance �viE2i �lie ac�o�ted subarea p�an, -t�te r�se.�It �tat.gresvicte �ctequate;ing�s:.or e��ess_to m***+n**��traf£te -- � congesEioii 'in #he, public streets, " - fii�� xse yvc�ru�d •be detiiment�i°•to fitee �tis�ig <:haracter=Af;fihe (�-�c��, � .siexelopment in the. imme�liate.neig�QrhQOd, =`Ehe u.'se wovldimper�e tlie norsiial aiid ord"eriy clevelopm�nt and impr9vQm�nt Q€ ths s�zrQUnsiing prAp�rti�s, �'his is a.poor site for such a use in tex�s o€ access, ; ` ., V3SiQEt 321C� WOlI�'?t(3Y-'Fit?��ha�itiii'7�oei==sx�",.F-3:'�.�.�. ,: `T`n�nk you fQr your attQn#ion to this m.atter, � ;' �- � ;estion, and comntunity tand. � Pah'icia James - Conditivaal Use Per t� �� S~�Z —�� pplication for 1117-1125 Riee Sfreet �m= "Jonathan Sage-Martinson" <jonathan < p ahicia .james@cistpaut.mn. us � @ �� cwe b_org> Date: 5/12/OS 10:54:00 A.M Snbject: Condiiional Use Permit appgcation for 1 117-1125 Rioe S�eet CC: �district6 0 �P Pp•nef> Paficia, �' l��e(v Page 1 of 2 f am writi�g regarding the conditionai use permit app��tion for 1117_� �25 F�� Sfreef. VVhile i have not seen the site plans for the site in question, Sparc wouid like to emphasize severa! points that a sfte (and ail development along Rice Sfreef). The District 6 Planning Council has recently compieted a Iarge area pian for the district. This p�an has been ad pped bYhfs �e P�anning Commission and the City Council. This lan Disfrict 6 and Sparc have recent� p ��s for a specific vision for the redevelo for the site in question to be rezon d o 2 and as been forwarded fo the Pianning Commission fo� a ty process for a smali area �an. Pment o£ Rice Street. Sparc has recently worked with iocai business owners and reside�ts fo create comme cial des g guidel nes for Rice Street. These guidefines recommend design standards for new develo ment and rehabilitation aion rn'S pian �� pproval. Finaily, It is our hope that any new deve(opments along this corridor, including p 17-� �25 wifh #hese three nei hborhood lans. S ec�call , we recommend that an 9 R�ce Street. thaf does not comp�y �,yith TN 2 zoning be denied Rice Street, �� be required to comply Y Penn+ts that ailow development at 1117_� �25 Thank you for your time. Piease fet me know if you have any questio�s. 7�n Sage-Ma,rtinson Execufive DirecYor Sparc 843 Rice Street Saint Paul, Minnesota 55117 tel. 651-488-1039 fax 651-488-6309 \J //C: �oc�IIlents%20anAoi�ne,,..:_ _ . � Patricia James - Rice St Car Lot-pablic inpnt �' �� Os - � gZ — ¢d(� FYom: <Sarah.7annusch@wellsfazgo.com> To: <patricia.james@ci.stpaul.mn_us> � Date: 5/12/OS 7:55_31 AM Snbject: Rice St Caz I.ot-public input Pafiricia, _ I am a North End Neighbofiood home owner. Here is my address infortna5on: Sarah Jannuscfi t013 Albemarle St St. Paui, MN 55117 Phone #: fi51-4$83311 My comments: �I �-�� l have been a participant in the Rezoning meetings for the Rice St area plan. The area of Rice St in which the Car Lot is proposed is proppsed to be zoned as TN2. A car lot would not meet those zoning requirements. Can a"Freeze" be placed on new businesses not meeting zoning requirements for TN2 be placed unUl fhe Rice Sf prbposal goes through ifs course of being impiemented? Othervvise the vision & ptanning is really aIF for naught. f feel that the proposed site is much too smal! for a successfui car 1ot any way. 1 tfiink that "extra^ cars will most likely be crossing the sidewalk and even on the sQeet'whieh wouid only cause pedestrian and car tra�c problems. The rezoning plan for Rice St has been recommended to the Planning Commission, a public hearing will be scheduled soon, and implementation wilt then be undervray. The new "pfan" calis for a more pedestrian friendly street with improved ligh6ng, landscaping, and businesses that are primarily TN2. Not only does a car lot not meet fhe TN2 zoning requirement, I also feel that this business will not succeed given the size of the lot and the nature of the street. If it is to succeed, then I am very suspicious of iliegaf activity as a side business behind the front of a"car Iot," or breaking rules fike f had merrtioned before such as parking cars on the street as extra "overvflow" space, since the area is so smail. i just don't think a qr lot is a very good use of that space at ali. f had moved to the North End neighborhood because I have lived in St. Paul for 12 years previously and 1 have watched neighb6�ods b(oom, transform, and people fake p�ide in their homes and renovate, and businesses move in that also bring neighborhood chartn. I am optimistic for North End to take on a similar transformation. North End is on the brink of many positive changes with the Rice St Area Plan, and.the Loeb Lake area Plan, and the proposed Trillium Park. These City plan proposais should be weighed heavily in the decision of whether to allow this Car Lot to move in. Please do not undermine posifive phange. Thank you for your consideraHon. Ptease feel free to contact me with any questions. Sa�ah Jannusch Compiiance RepresentaYrve MACX9901-07R 2701 Weils Fargo Way ^_ ' �_ • ~ Minneapolis, MN 554&7 Phone:800-54�-4158 X76624 Fax: 866-847-9�61 DS=�t�t� ZONING COMMITTEE STAFF REPORT FILE # 05-092-406 �. APPLICANT: Joshua Onchwari HEAR[NG DATE: May 12, 2005 2- TYPE OF APPLICATION: Condifional Use Permit 3. LOCATION: 1117-1125 Rice St., befiroeen Geranium and Jessamine 4. PIN & LEGAL DESCRIPTION: 2529231 7 01 99, 252923110083, AUERBACH & HANDS ADDITION TO 31i� CiTY OF ST. PAUL ALL OF LOTS 5& 6& EX S 7 Ff, LOT 7 BLK 11 5. PLANNf{dG DiSTRICT: 6 6_ ZONING CODE REFERENCE: §65.706; §61.501 7. STAFF REPORT DATE: May 5, 2005 PRESENT ZOIVING: B3 BY: Patricia James 8. DATE RECEIVED: April 1 2005 DEADLINE FOR ACTION: June 18, 2005 A. PURPOSE: Conditionai Use Permit for outdoor sales of motor vehicles B. PARCEL SIZE: 113 ft. (Rice) x 134 ft. = 15,142 sq. ft, (includes'/2 the alley width) C. EXISTING LAND USE: parking lot with smali buiiding st rear D. SURROUNDING LAND 1]SE: North: Commerciai uses (63) East: Commercial uses (B3) E. � South: Healfh Clinic (B3) ' West: {ow density residentiai (RT1) ZONING CODE CITATION: §65.706 lists the conditions for outdoor auto sales and rental; §61.501 lisfs generai conditions that must be met byail conditional uses; HISTORY/DISCUSSION: A conditional use permit for outdoor used car sales was approved for a larger site fhat included the cutrent site in 1997 (File # 97-309) G. DISTRICT COUNCIL RECOMMENDATION: District 6 had not commented at the time this staf report was prepared. � H. FIPIDINGS: 1. The applicant has recently purchased the property to use for outdoor auto sales. The appiicant intends to build a new 36 ft. x 42 ft. building at the rear of the site to house the sales office and space far 4 cars to be readied for sate. The site plan shows 3 emptoyee parking spaces, 6 customer parking spaces, and up to 16 ca�s for sale (four in the building and 12 on the lot} 2. =§65.706 lists the required conditions for approval of outdoor auto sales: (a) The lot orarea sha11 be provided wifh a permanent, durable and dustless surface, and shall be graded and drained so as to dispose of alI surface water accumulated within the area. The lot is alreadypaved, meefing this condition. \_ I (b) Uehicular access to the oufdoorsales area sha!( be at /easf si�y (60) feet trom fhe intersection of any two (2) streets. This condition is met. Access to the site is ptovided by driveways that are over 100 ft. from the nearest intersections. (c) No repair or refinishing shal( be done on fhe (ot unless conducted wifhin a comp/ete/y enclosed bailding. �he applicant states fhat he will abide by this condition. He states fhat he has an auto 2pair and body shop in Minneapolis, where these kinds of repairs will take place. (d) The minimum lot area shall be fifteen thousand (15, 000) square feet. A site plan shall be . submitted showing the layout of the vehides forsale or rent, employee parking, and customerpa�icing. This condition is met. Counting %Zthe alley, the !ot area is 15,142 sq. 8. The required site plan has been submitted. C�J"lt�l� Zoning File # 05-092-406 Zoning Committee Staff Report page 2 (e) !n the case of pawnbrokers.... The business is nof a pawn broker, so fhis condition does not apply. 3. §61.501 lists five standards that ali conditional uses must satisfy: (a) The extent, /ocation and intensrfy of the use w/I be in substantia! compliance with the Saint Paul Comprehensive Plan and any applicable subaiea plans which were approved by the city council. This condition is met. Comprehensive plan policies support fostering business ' growrt and appropriate accommodation of businesses in neighbofioods and business districts (General Policy 28). The Rice Street Smafl Area Plan, which is sfill in draft forzn and has not yef been approved by the District 6 Planning Councii, the Planning Commission, or the City Council, recommends rezoning this property to TN2, which would not permit outdoor motor vehicle sates. (b) The use will provide adequate ing�ss and egress to minimize traffic cbngestion in the public stree#s. This condition is mef. The site plan submitted with the appiicafion shows two e�asfing driveways, which wiif supply adequate access to the.site. (cJ The use wil! not be detrimental to the existing citaracter of the development in the immediate neighborhood or endanger the public health, safety and general welfare. This condition is met. Uses ih this immediate a�ea of Rice Street are those permitfed in B2 and TRt2 districts. Th�s use woutd be the onfy one on fhis b(ock that vwufd require 63 zoning. However, the numberof cars tieing offered for sale is at most 16, wfiich is unlikelyto be defrimental To the neighborfiood or endanger the public health, safety, or general weffare. (d) The use will not impede the normal and orrlerly,development and improvement af th8 surrounding property for uses permitted in the district. This condifion is met. The proposed auto sales lot will not impede development and impravement of surrounding properiy for permitted uses. (e) The use shall, in a/1 otherrespects, conform to the applicable fegulations of the district in which it is located This condition is met, The site plan submitted meets orexceeds the requirements for setbacks, off-street parking, and landscaping. TFie existing fence along the ailey will be retained to prevent aliey access fo the site. The ezisfing landscaping beds need to be maintained, with weeds removed and dead shrubs replaced. STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of the Condifional Use Permit for outdoor sales of motor vehicles subject to the following additional conditions: 1. No more than 12 cars for sale are permitfed outdoors on this lot. Up to 5�ur additional cars for sale may be housed in the garage bays of Yhe new building, 2. Review and approval by appropriate staff in the Office of License, Inspection, and Environmentai Protecfion (LtEP) of a(andscaping plan. 3. The appficant receives ail necessary licenses and approvats, and compiies with all federal, state, and local laws. 4. There shal( be no exterior sforage of inoperable vehicies, vehicle parEs, tires, or simiiar items. All vehicles parking on the lot sha(I be comptetelyassembled with no parts missing and in working order. 5. General auto repair artcJ vehicle satvage are not permitEed. 6. Vehic(es intended for sale are prohibiteii from being parked on any street or projeeting over a , pubic right-of-way. 7. All business signs are reviewed by LIEP sfaff and receive the appropriate pertnits � � � CONDITIONAL USE PERMIT APPLICATION Department ofPlanning and Economic DeveZopment Zoning Section I400 City Ha11 Annez 25 West Fourtk Saeet Saint Paul, M1V SSIO2-1634 (65l) 266-6589 � �b = � � APPLICANT Ciiy SfVSOK'�1—N Name of Owner (if PROPERTY LOCATION .��3� DayEimePhone 6f� ' Contacf Person (if different} Phone Addcess l Location _�« Y`L.�-E s 4 � P4�tt.�- � N SS A�- LegalDescription__ ��' .$ �.-� �1.4'I" p�.�J` '�- L�td' ? ��y Kotts��-t �'c '�� l'�` -� S�i �a' 7. `t(( iti 4U b"� ll, �,• CuttentZoning 33 (@ttach additional sheet if necessarv _ TYPE OF PERMIT: Application is he by made for a Conditionai Use PermiE under provisions of � Chapter� Section�� Paragraph of the Zoning Code. SUPPORTING INFORMATION: Explain "how the use wiil meeE ail of the applicable standards and conditions. If you are reques4ing modification of any special conditions or standards for a condifional use, explain why the modiFication is needed and how it meets the requirements for modification of speciaf conditions in Secfion 61.502 of the Zoning Code. 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Across Rice to south Zoning File # OS-092-406 • a5��4 Across Rice Zoaing��i�e #.OS-092-406 � � , � • l`�J 1,�¢� � � � Across Rice to north Zoning File # OS-092-406 i �. � #� OS = d 92 -- Q�� Dis�ict 6 P�anning Councit Date: April 27, 2005 To: Planning & Economic Develapment Patricia James 400 City Hail Annex 25 West 4"' Street Saint Paul, MN 55102 05-�t�(� 213 Frorrt kvenue St Paui, MN 551t7 Phone 651 488-4485 Fax f>51 488-0343 / ��c� J � P6d#,tylgl e 2�0$ �� A/ � Re: 1125 Rice — Canditional Use Permit for new used car dealership Dear PED, St. Paui P(anning Commission, Zoning Committee On Apri127, 2005, the District 6 P(anning Councii Land Use Task Force met to disouss the abotre;�ot°'spii# and`v��ances. The 7ask Force voted unanimously to deny the �ropose�r.oiidi�toiia[=use�peRnftu==Fkt�f�!(ouuirsgfa�tocsw�� : , .:�+' i'u . ✓. �: : G; •:'v:.:.; .. . . �2;'��: J:�:' .�i::"_,.._.. i.• =�� . The addifiori'of ana#�ter"iisezi aiito dealership t��the area is ;m�teriaGly�,in � witfi a nitmber of lo�al p(artning outlines irtcluding_the.Large:Area Ptan, the Rice Street Smalt Area Plan and the Comprehensive Plan. . Adding a used auto dealership to Rice Street, where such dealerships are a(ready in surplus, is not conducive to stated goals of business diuersity in the area. . The property plan conflicts with commercial guide(ines being discussed for the Rice Street Area in that fhe commercia( building wiil be at the back of the lot where giridelines catl for them being at the.front. , . The proposed use is in conflict with the imminent TN-1 zoning to take efFect. •�The Task F6rce: is conce�that •theproposed.use would_ not p.rove a viable `.�business mz�tlel so�etyasan autt� dealership v�zith#he.extrem.eiy_ inventory proposed (13 cars for sale). There is a cDncem that a genuine need for �� :;::�� :-: : '�• higFie�`=uoftime cou(d'tieaorne=a�e`r:fEir �an-cor�iarice-with approved : � , .3; ��onaitioii's` fii•t€�e-fEa�i�e. � .:a �= �< �. ,. ,... -- -�- - �.�. ,__ , ;;;,,,,::_ , _.:n-<,A:�� __;. .. - . :: ` :.:� .t�� :..;....:r : ..�_ '�;:<<. ,;<-::��;-:: -:-.. . . , .;;; _ c' . , � .�.':_..- . .-.-. • � . . � .. .. ..� . . .. � ....; ' :'� ; . ..." "': - t �_ a, ��..:........ . The unexptained presence of vehictes currently on the�{ot, tfiat haVe 4ieen there � . CI7IZEN PART DI� �"ICTS - 05-�.1�� h � I ( � ; ;: • I � � CITIZEN PARTICIPAT.FQ�{ PIAPINIK� OiSTRICTS ` 1.SUNRAY=8kT7LECREEK-HT&HWOOD � 2. GREATER EASI' S.I OE �. 3.WE5T SIDE � _4.DRYTON'S BLUfF S:PAYNE-PHALEN. �_ � � ORTH EhFQ � - HOMAS=.DAL� Q��.��iij �. I�� S..SUMMI7-UNIVERSI.TY ' �'� . 9. WEST� SEVENTN - 1tl.COh16� � .. . �.1}.HAMLINE-MIDWAY �- . 12_ ST. ANTtiQt�Y . 13.MERRIAt*t PK.-LEXIAG70N NAMLINE 14..6RQYElANO=MACALESTER � � iS.HIGHLAND � � . 9S:SUMMIT HILL 17 . DDWNTOWN � . . —`�� . � d � �RTH END 0 DISTRICT.6 �N "°° -- "°° m... ,�", �. � � �9`� . F�� - - = � . _ ' � 6s =09 Z-��-6 s •