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06-411Council File# 06-411 Green Sheet # 3030480 .� MINNESOTA Presented by i Prel�'fiinary Plat Approval for Jefferson Commons At Berry Street 3 WHEREAS, JPI Development, in File No. 06-006-938, has submitted for City Council approval a the attached preliminary plat for subdivision of property at the NW comer of Territorial Road and s Berry St. to create 1 lot for 3 residential buildings; and � WHEREAS, the appropriate City departments have reviewed the plat and found, subject to the s recommended conditions, that it meets the requirements of Chapter 69 of the Zoning Code; and io WHEREAS, notice of a public hearing before the City Council was duly published in the official i i newspaper of the City and notices were mailed to each owner of affected property including all i2 property situated within 350 feet of the subject property; and 13 ia WHEREAS, the City Council held a public hearing on the proposed plat on April 19, 2006, where is all interested parties were given the opportunity to be heard, and the Council considered all the i6 facts and recommendations concerning the plat; 1� is NOW, THEREFORE, BE IT RESOLVED, that the City Council accepts and approves the i9 attached preliminary plat for Jefferson Commons at Berry Street, subject to the following zo conditions: 21 22 1. The survey is corrected as required by the Department of Public Works. z3 2. The project receives other necessary zoning approvals including rezoning to TN3. 2a 3. The site plan is modified to provide wider open space between buildings, as shown in 2s attached plan. 26 4. A total of five parking spaces must be eliminated from the current site plan to provide 2� more room for landscaping and strengthen pedestrian orientation: Three parallel spaces 2s must be removed near the entrance to the site; and two spaces must be eliminated near 29 the pedestrian routes leading to the north building. However, the applicant may so reconfigure the other parking spaces in the lot from what is shown on the approved site 3i plan to provide up to five new parking spaces to replace the spaces that will be lost. 3z These new spaces must conform to all zoning requirements, including setback and size 33 5. A new public sidewalk on the west side of Berry from the site to University Avenue must 3a be constructed. As a part of this, the existing roadway on Berry must be narrowed as 3s much as possible while still accommodating truck traffic as determined by Public Works 36 to provide as much room as possible for a wide sidewalk and, where possible, a s� boulevard with trees and grass. 3s 6. A final site pian must be submitted by the applicant and approved by staff that addresses 39 all outstanding issues for storm water drainage, utilities, lighting and landscaping. ao 7. Exterior lot lighting is installed that will provide adequate illumination using fixtures that ai minimize off-site effects. 06-411 1 8. Removable speed bumps are installed in the parking lot. z 9. The local police precinct and the District Council shall be provided with the name and 3 telephone number of a 24-houranswering service that will answer and respond to a neighborhood complaints about tenant behavior or property conditions, for publication as s the police precinct or the District Councii deems appropriate. 5 10.A checkpoint system for foot patrol is installed. � 11.An apartment unit shall be provided at no cost to an off-duty police ofFicer, as allowed by s City regulations, to provide escort services and night time foot patrol 9 12. Subsidized memberships shall be available for car-sharing programs such as the io neighborhood Energy Consortium's HOURCAR program or the University of Minnesota's it ZipCar program. iz 13.Two tenants may share a single bedroom within an apartment unit in the approved is project, provided that the total number of students housed within the approved project at ia any one time shall not exceed 552 and that no more than 4 unrelated persons may is occupy any apartment unit. 16 Reques�d by De rtment of: ' V AdoptedbyCouncil: Date ��,/��„Zj�p� Adoprion Certified by Council Secretary By: Appro e y oi� Date By: � Form Approved by City Attorney B �?�,/. �✓��- Y- z. 6--4� Form Approved by Mayor for Submission to Council By: 06-411 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Depar6nentlofficekouncil: � Date Initiated: i ; PE – p��ng&EconomicDeve]opmevt i 21-APR-06 ! Green Sheet NO: 3030480 Confact Person & Phone: I -, Patricia James 266-6639 �� pssign Must Be on Council Agenda by (Date): �� Number � For � Routing I Order �i ContractType: , RE-RESOLUiION 0 ;Plannin¢ & Economic Develoo i Patricia Sames I 1 �Ylannine & Economic Develoo � Director/f. Schertler � 2 CtN Attomev I (.tiri Attomev I 3 u avor's Office � Mavor/ASSistlnt 4 ouncil I (Sri Council 5 iN Clerk CiN Clerk � 6 � lanuiu & Ewuomic Develo i Patricia James K'Lf,^O (, Total # ofSignature Pages 1 (Clip NI Locations for Signaiure) Action Requested: Approve resolution memorializing City Council action to approve a Preliminaty Plat for Jefferson Commons at Berry St. [o create 1 lot for 3 residential buildings (ZF#06-006-938). Public hearing held April 19, 2006. iaanons: t�ppro�e (s�) or rce�eci Planning Commission CIB Committee CiHI Sertice Commission 1. Has this persoNfirm e�er worked under a contrect for this department? Yes No 2. Has this persoNfirtn e�er been a city employee? Yes No 3. Does fhis persoNfirtn possess a skill not nortnally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): JPI Development, has applied for Preliminary Plat approval for Jefferson Commons at Berry St. to create 1 lot for 3 residenrial buildi on properiy located at 2669 Territorial Road, NW comer at Berry St. The City Council approved the preliminary plat and attached conditions. Advantages IfApproved: City Council intent is finalized. Disadvantages If Approved: None Disadvantages If NotAppraved: City Council action will not be completed. F�ri: � ii �iik:v 7ransaction: Funding Source: Financial Information: (Explain) CostlRevenue Budgeted: Activity Number. April 21, 2006 12:15 PM Page 1 o(�- �11 DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT � Tony Schenler, Interim Director CITY OF SAINT PAUL Christopher B. Calemarz, Mayor March 31, 2006 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Erickson: 25 W Founh Street Saint Pau{ MN 55102 TeTephone: 651-266-6700 Facsimi[e: 65I-228-3220 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, April 19, 2006, for the following zoning case. Zoning File Number: File Name: Address: Purpose: �.�1.• :, Jefferson Commons at Berry Street 2669 Territorial Road, Preliminary Plat for Jefferson Commons at Berry St, to create 1 lot for 3 residential buildings Previous Action: City staff have approved the preliminary plat subject to changes to be made to the final plat. I have confirmed this day with Councilmember Benanav's office. My understanding is that this public hearing request wiil appear on the agenda for the April 12, 2006, City Councii meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 651-266-6639 if you have any questions. Si erely, , � Patricia James City Planner xaricE oF ruarac �nxnKG. cc: File #: 06-006-938 ApplicanUAppellant: JPI Development , Attn: Lance Hanna Paul Dubruiei Wendy Lane Carol Martineau Allan Torstenson 1he Samt Paul GYty Counc�l wilF o4nduct a publlc hearing on Wednesday, Aprll Ig, 2006 aE 5:30 p.m. in the City Cotmc3l - Chambers, Third� Floor �ty Hall, 15 West Kellogg Bontevard. St. Paul. MN, to con- sider the application of JPI Development for a Preliminary plat for Jefferson Com- � mons at Beiry Street to create one (IJ lot for three (3) residential buiidings at 2669 Territoriai Road. (Zoning FYie 06-006-938) Dated: Aprll 3, 2006 MARY ERICKSON Assistant City Council Secretary . WPrll el _= S1: PADL LEGAi, IED(�,Eg'--� . 22113124 ` - � - -- ' ._._.. ...:�_.Sbti.t��:la="' AA-ADA-EEO Employer � D(�-�ll DEPARTMENT OF PLANI�IING & EWNOMIC DbVELOPiViENT CITY OF SAINT PAUL Christopher B- Coleman, Mayor � u April 5, 2006 Ms. Mary Erickson City Counci( Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Re: Zoning File #: File Name: Address: Purpose: Citv Council Hearinq: Staff Recommendation: District Council: Deadline for Actior+ Staff Assigned: Attachments: cc: Zoning File 06-006-938 Applicant: JPI Development Cify Councii Members District Council: 12 Wendy Lane Larry Soderhoim Allan Torstenson Peter Wamer 25 W. Fourth SYreet SainiP¢uZ, MNSiIQ2 Telephone.' 651-266-6700 FactimiZe: 655-22&3220 06-006-938 Jefferson Commons at Berry Street 2669 Territorial Road, NW corner at Berry St. Preliminary Plat for Jefferson Commons at Berry St. to create 1 lot for 3 residentiat buildings April 19. 2006. 5:30 p.m., Citv Council Chambers approval with condition District 12 made no recommendation May 9, 2006 Patricia James, 651-266-6639 Staff Repost packet Correspondence received � AA-ADA-EEO Employer o�-�� SUBDIVISION STAFF REPORT • r �� • 2. 3. 4. 5. : . FILE NAME: Jefferson Commons at Berry Street FILE # 06-006-938 APPLfCAtST: .7PI Developmenf HEARING DATE: Aprif 19, 2006 TYPE OF APPLICATION: Pre(iminary Plat LOCATION: 2669 Territorial Road, NW comer af Berry St. PIN & LEGAL DESCRIPTION: see subdivision documenfs for e�sting and descriptions PLANNING DISTRICT: 12 ZONING CODE REFERENCE: §6i.106 STAFF REPORT DATE: Aprif 10, 2006 DATE RECEIVED: January 9, 2006 D. SURROUNDING LAND USE: North: University of Minnesota transitway, industriaf (11) bui4dings B. PARCEL SIZE: 187,199 sq. ft. (4.3 acres) C. EXISTING LAND USE: vacant land and parking lof BY: Patricia James TION: Mav 9, 2006 PURPOSE: Preliminary Plat for JefiFerson Commons at Berry St. to create 1 lot East: Westgate Industria{ Park (11) South: KSTP broadcasfing (11) West: Vacant land (City of Minneapolis) E. ZONING CODE CITATION: §69.301301 states that piatting is required when a subdivision (1) creates five or more lots or parcels each of which is 2%z acres or less in size, or (2) requires paved streets, alleys and other public improvements, or (3) is previously unplatted land. §69.406 provides criteria for review of subdivision applications. These criteria are covered below under "Required Findings." F. HISTORY/DISCUSSION: This property is part of the former Schnitzer industrial site, which included properfy in Minneapolis as weil as Saint Paul. it was acquired by the University of Minnesota, who oversaw remediation of the extensive poliution on ihe site. l�he cleanup was funded by the original polluters, state grants, and tax increment `paygo' notes. The City of Minneapolis has paid off its note; Saint Paul's note has a balance of approximately $800,000. The entire site (both Saint Paul and Minneapolis portions) was sold to St. Croix Partners (Hubbard Broadcasting) for their USSB fiacility. A minimum ofi $3,150,000 in public benefits was anficipated. The state grant request projected that $18 million of new tax base wou{d be generated when all development phases were complete. However, Hubbard sold its USSB operation, and the planned e�ansion did not occur, The owner has been marketing the site since 1999. At some point, Territorial Road was vacated between Berry St. and the city limits, which significantiy limits access to the site. A Zoning Administrator decision that the student oriented housing proposed by JPI, purchasers of the Saint Paul portion of the site, is a use similarto a rooming house was appealed to the Board of Zoning Appeals (File # 05-207-033). The BZA found that the Zoning Administrator erred, and the .use was more simifar to an apartment buiiding. l District 12 Community Council appealed the BZA decision to the City Counci! (F1e # �6-006-936). After a pubiic hearing on February 1, 2006, the Ciiy Councii found that the use was similar to an apartment use with characteristics of a rooming house and directed the applicant to obtain a mnditional use permit. The Pianning Commission approved this permit on March 24, 2006 (File # 06-047195). An application for variances of TN3 standards (Fife # 06-013-967) was approved by the Planning Commission at the same meeting app�oval of this rezoning was recommended. ln addition, a site plan for this project (File # 06-002637) was approved by the Planning Commission with conditions on April 7, 2006, after a pubiic hearing. G. DISTRICT COUNCIL RECOMMENDATION: The District 12 Council made no recommendation regarding the plat. proposed fegal EXISTING ZO►S4NG {1 Zoning File # # Q6-006-938 Subdivision Staff Report Page 2 of 2 N. FlND1NGS: § 69.406 of the Zoning Code requires thaf all of the following findings shall be made prior to approval of a subdivision: 1. All the applicable provisions of the Legislative Code are complied with. City staff have reviewed the proposed plat and have determined thaf all applicable provisions of city codes can be met. The Office of License, inspecfions, and Environmenfal Profection (l.IEP) notes that the project requires a rezoning. The Department of Public Works notes some required changes to the survey and that an aliey vacation is necessary_ Upon approvai of the preliminary plat, the appiicant has one year in which to submit the final ptat. 2. The proposed subdivision will not be defrimental to the p�esenf and pofential surrounding land uses. This finding is satisfied. The proposed piat creates one large parcel and is consistent with the surrounding land uses, and will not be detrimentai to present and future use of surrounding tand. 3. The area surrounding the subdivision can be planned and developed in coordination and compatibility with the proposed subdivision. This finding is satisfred. The area surrounding the proposed plat is already developed and compatible with the proposed plaT. 4. The subdivision is in conformance with the comprehensive plan, .This fnding is satisfied. The subdivision witi combine a large parcel and a splinfer parcel into one lot, which will simplify development of the site. Development along the llniversity Avenue Corridor is supported in the comprehensive plan (Land Use Pian Objective 6.3) 5. The subdivision preserves and incorporates the site's important exisfing natural featutes whenever possible. Tfiis finding is satisfied. The site is a previousiy-developed part of St. Paul with no remaining natural features. 6. All land rnfended for building sites can be used safely wifhouf endangering residents by peril from floods, erosion, continuously high watertable, severe soil conditions orothermenace. This finding is satisfied. The site is flat, in a developed area, with no flooding, erosion, high watertable orsoii condition problems. 7. The subdivision can be economically senred with public facilifies and services. This finding is satisfied. The subdivision can be economicaliy served with public facilities and services fram surrounding streets. 8. §69.402, Preliminary plat - Procedures sfates: Determination of the cify council shal! be by resolution. Approva! s/�a// not constitute acceptartce of the subdivision by fFe cify, but shal! be deemed an expression of approvat of fhe design submifted on the p�liminary plat as a guide to the pieparation of the frnal subdivision plat. If the p.eliminary plat is not appmved, the reasons for such action shall be �ecorded in the proceedings of the council and transmitEed to the subdivider. STAFF RECOMMENDATION: Based on required findings 1 through 7, staff recommends approval of the preliminary plat as an expression of approval of the design and as a guide to the preparafion of the finaf subdivision plat for Jefferson Commons at Berry Street subject to the foRowing conditions: . The project receives other necessary zoning approvais including rezoning to TN3. 2. The survey is corrected as required by ffie Departmenf of Public Works. Attachments: Application Preliminary Plat Site Location Maps • • • o�?-��J SUBDIVISION REVIEW APPLICAT(ON • Departmeni ofPlanning and Ecottomic Development Zaning Section I400 City Ha[1 Annzc 25 West Founh Sfreet Saint Paul, MN SSIO2-I634 (65I) 266-6589 APPLICANT Address / Location • � PROPERTY Name: 'fPT T1o�>al(vxiwn+ �,Q�ir s I, �- A�tA T �Fk1.I�i1r�- Address:_600 Faafi (`nlinaa 731 V�-, ��tC'_ 18(�0 _ City �in4 St. TX Zip 75039 Daytime Phane972-37�-3414 Name of Owner (if differenf) ��. Cro; X nartn rG • T, _7. _C _ Contact Person (if different) David Jones Phone651-64"3=473� Legal Description S2e E�ihibit A att�i�i h�r_Pt0 � ` Current Zoning T—1 _ (attach additional sheet if necessary) TYPE OF SUBDIVISION: � Preliminary Plat ❑ Lot Spiit with Variance ❑ Reg. Land Survey � Final Plat ❑ Combined Plat � ol�-�yl I �� EXHIBIT A Proposed Legal Description for the Portion of the Site Contained in Ramsey County (October 20, 2005) Blocks 2 and 3, Eustis Addition to St. Anthony Park. Together with the vacated Pearl Street (formerly Pym Street) lying between said Blocks 2 and 3, lying West of the West Right-of-Way tine of Berry Avenue and lying East of the West line of Section 29, Township 29, Range 23. Together with the West one-half of vacated Berry Avenue lying. between the . Souther{y fine of the former Northern Pacific Raitway Company right of way and a line beginning at the intersection of the East line of Berry Avenue and the Northerly line of Pearl Street; thence running Northwesterly to the point of intersection of the West line of Berry Avenue and the Northerlq line of the vacated portion of Pearf Street and there terminating. Further together with the northeasterly 33.00 feet of that part of Vacated Territorial Road, Saint Paul, described ad follows: . Beginning at a point (in the West tine of Sectibn 29 North, Range 23 West, said point being the Southwesterly corner of Lot 12, Blbck 3, Eustis Addition to St. Anthony Park, Ramsey County, Minnesota; thence Easterly along the Southerly fine of said Btock 3, 39�i.08 feet more or less, to its iniersection with the Northeriy extension of the WesterCy Right-of-Way ot �Berry Street; thence Souther{y 69.33 feet, more or less, to its intersection with fhe Southerly Right-of-Way of Territorial Road; thence Westerly along said Southerly Right-of-Way of Territoriat Road, 310.99 feet, more or less to the West line ofi said Section 29; Northerly along said West line 69.27 feet to the point of beginning, Ramsey County, Minnesota. � � ^; -� : 1 � M � x°_ �lif Fr; � � I I 5 �;=, £ _ €� =as . ' < 3 + i:3f ,�jr,911;� iFi � � - z � ;P - 7�.�-�° I ::��: a u - _� 3 �� . o i.'i: ��f�[`f �� I� s ii?E I�- i � a'12E ,�4 E " a ' � ��-�-� � � � _ � $ � La �y ��. _{:�` 'a-.• �� - �,��i,�. 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CiTIZEN P;� ICTPk7:0 p_�� €�,��5. 0�.-�1i � CITI��( PARTICIPAT�Q�I PLANNING DISTRICTS l.SUNRAY , 2.GREA7ER EAST S.IDE .. 3.WEST SIDE� 4.DAYTON'S BLl1FF - � 5: PAYt�E-PHRLEN =-. 6. NORTH EA'�D , 7.THQ�4A,S-.DAtE . � S.SUMMIT-llNIYERSITY 9:WESt SEVENTH 10. C0�16' �. . ;�HAMLINE-MIDWRY �2�T. ANTHOh�Y 13 MERI2IAM PK.-LEXIN�iON HAMLifIE � 14 ..GROYELAND=MACAl:ES7ER - . � 15.HIGHLAND .' � � 7b:SUMMIT HI!!. 17. DOWNTOWN � �i , � • • � d . .-:....-. ,_..._ . _o ♦ /. �1.� • C� � � � � . . .. ,. _. � � � _ � . . . . _ __.. _.� P � - �,��uc�.�:r� � U� O t/tC�s =_n�� f'U^nPOS[ � r t � zoni �'.� '�'� / � �j 'lJ b Q7l1ZTJJ� sub�ed to = , -� ��LE t: DO�TE r P P-� Y no: �G. DlST� P.IAP r o one family • x n co� • � �. h.�ro famflY s ._.� in� s:, .,_.__.. !�¢ ,C�, mult�pia ia�iiY V vz � . . . � _ .. _ .-_. ..`_•---c.:. ___.. _ _. _ - — -- sr� _._- . " . " , .- ' -- ' - - . �A., . . ... -�s�t' .._ .."_�?:ct�-;,�.�t e ,: �`,� • r • �� -5�// 1. The record is cieaz that the use proposed by JPI has attributes of both a rooming house, as that use is defined under Leg. Code § 65.171 and noted in the Zoning Administrator's I3ovember 29, 2005 findings, as well as a multipie-family dwelling, as that use is defined under L.eg. Code § 65.116 and noted in the findings of the BZA's resolution adopted on January 3, 2006. 2. The similarities in uses noted above notwithstanding, the proposed use is intended for residential occupancy, in housekeeping units desia ed within the meaning of a"family" as that tertn is defined under the zoning code. 3. The housekeeping units in the proposed development are intended to be mazketed to individual persons who may primarily be post secondary students although there is no prohibition against leasing the units to persons who are not students. 4. The leased unit is, primarily, an indididual sepuate bedroom and bathroom azrangement within a four-bedroom suite or an individual separate bedroom and shared bathroom arrangement within in a two-bedroom suite. All suite occupants have equal access to communal kitchen and dining facilities and living room space exclusive to each bedroom suite arrangement. This occupancy acrangement is similar to a roominghouse where each resident has an individual lease from the landlord for exclusive occupancy of one bedroom. However, unlike a roominghouse, the use of the communal kitchen, dining and living room space directly attached to the bedroom suite is only for the joint and exclusive use of the individuals who lease one of the separate bedrooms within that particular suite of bedrooms. This aspect of the living arrangement is similar to a multi-family dweiling. 5. The nature of the p`xoposed'leasehold arrangement within abeclroom suite is unique. Therefore, it cannot be said under the present provisions of the zoning code that the proposed Ieasehold arrangement exactly comports with the use defini6ons for either a dwelling unit or a multiple-family dwelling unit intended to house, for zoning,purposes, a single, residential "family." Similarly, it also cannot be said that the leasehold arrangement within a bedroom suite comports with the use definitions for residential congregate living arrangements which iacludes a "roominghouse." 6. Because the proposed use has attributes of a multiple-faznily dwelling as well as a roominghouse congregate living arrangement, each of which is a use pernutted under the City's zoning code, it was an enor on the part of the Zoning Administrator to treat the proposed use exclusively as a"roominghouse" On the other hand, it was an error on the part of the BZA to treat the proposed use exclusively as a"multiple-family dwelling." 7. The Saint Anthony Park Neighborhood District Council filed its appeal from the BZA's decision to ueat the proposed use as a multi-family apartment building. The District Council supported the Zoning Administrator's determination that the proposed use was a roominghouse. The District Council's concerns are primarily with the pazking and density standards for multi- family housing. These concerns are legitimate and the District Council was right in bringing its concerns forward through this appeal. A ' D� -�ir 8. Given the unique nature of the proposed use, it is reasonable to deternune that the attributes of the proposed use make it similaz to both a roominghouse and a multiple-family dwelling. Each of these uses are permitted uses. A roominghouse is pemutted as a conditional use in RzvIl, RM2 and RM3 zoning distzicts. A multiple-family dwelling is pernritted in RMl, RM2 and RM3 zoning districts. In the City's TN zoning districts, a rooming house is permitted as a condirional use in the TNl and TN3 zonina districts but treated as a pernutted use in TN2 districts. Mulriple-fanuly dwellings aze a permitted use in TNl, TN2 and TN3 districts. There is nothing in the record to indicate that the traffic generated by the proposed use would be different from the traffic generated by a similarly sized roominghouse or multi family dwelling. The type of housing proposed is consistent with the housing goals of the comprehensive plan. The site is located neaz the University of Minnesota's transit way as well as University Avenue, a"high service" bus xoute. The site is presently zoned Il which does not permit a roominghouse or multiple-family dwellings although roominghouses are pernutted as conditional uses in the I2 district. In order for this site to be used as proposed by JPI, the site requires rezoning regardless of whether the use is described as a multiple-family dwelling, a roominghouse, or a combination of each use. I would grant the appeal of the Neighborhood District CounciL The proposed use should not be treated exclusively as multiple-family housing as the BZA determined. This use can and should be treated and regulated per other similar uses set forth in the zoning code. Criven the size of the proposed use, the use can be said to be similar to multiple-family housing permitted in RM2 and TN2 and TN3 districts. In addition, given the nature of the proposed use, it can also be said that the use is similar to a roominghouse that is pernutted as a conditional use in RM2 and TN3. Pursuant to the Conncil's authority under Leg. Code § 61.704 to reverse ar affirm, wholly or partly, or to mod'ify the deternunations of the BZA and to make such orders, requirements, decisions or deternunations that can be made under the circumstances in order to address the concems of the Zoning Administrator and the SZA, I would move that the BZA ened in its determination that the JPI use was exclusively multiple-family housing. Given the error in fhe excluszvity of the BZA's finding, I would modify the BZA'.s decision given the findings I have noted above and consider the use proposed by 7PI to be similar to multiple- family housing operating under a leasehold airangement similar to a rooming house. This modification would pernut the Zoning and Planning Administratars to process any application related to zoning for the project proposed by JPI as a pernutted use subject to the following conditions which are imposed under L.ea. Code § 61107. 1. That the project obtains a conditional use pernut a;��.u;�e� f�T a r��m' g�-avs�m an icivi`�'2 �' TN�z�ina ;� 9R-r Notwithstanding the proposed lease arrangements and consistent with the findings noted above, JPI need not obtain a rooming house license provaded that the development is approved, constructed, operated and maintained in accordance with this resolufion and the following: ! . O� -�i (a). The use receives a conditional use pemut from the planning commission. (b). That the planning commission consader imposing the following conditions on the special condition use pemut for the project: 1. Depending on the number of bedrooms within each suite arrangement, no bedroom suite within the project is occupied by more than two (2) or four (4) unrelated persons. 2. The landlord for the completed development shall maintain and inform tenants that it shall enforce rules of conduct on its tenants that will provide the landlord with the right to evict tenants who engage in loud or obnoxious conduct disturbing or threatening the rights, comfort, health, safety or convenience of others in or near the development, or who violate any ardinance or law relating to such behavior. 3. The landlord for the compieted project shall.provide professional on-site management ln a permanent, on-site management office. 4. The landlord shall provide the neighborhood district council with the telephone number of the on-site management office and the name(s) of the on-site manaaers who will answer and respond to neighborhood complaints about tenant behavior ar property conditions. 5. The landlord shall install and maintain secured landlord and/or tenant controlled access to all buildings within the development. 2. That the project obtains a site plan approved by the planning commission following a public Hearing thereon. During site plan review, dimensional standuds for the zoning classification sought by the developer under a rezaning application for the site should be applied to the project. Parking standards and conditions shall be determined by the planning commission in accordance with Leg. Code § 63.208 3. That the project obtains any variances based upon the specific site plan as required by the zoning code. 4. That the project obtains the necessary zoning reclassification for the subject land. * ��-�ii SUBD1VISlON STAFF REPORT 1. FILE NAME: Jefferson Commons at Berry Street FILE # 06-006-938 2. APPLICANT: JPI Development HEARING DATE: April 19, 2006 3. TYPE OF APPLICATION: Preliminary Pfat 4. LOCATION: 2669 Territorial Road, NW corner at Berry St. 5. PIN & LEGAL DESCRfPI'ION: see subdivision documents for existing and proposed legal descriptions 6. PLANNING DISTRICT: 12 EXISTING ZONING: 11 7. ZONING CODE REFERENCE: §81.106 8. STAFF REPORT DATE: April 10, 2006 BY: Patricia James 9. DATE RECEIVED: January 9, 2006 120-DAY DEADLINE FOR ACTION: May 9, 2006 A. PURPOSE: Preliminary Plat for Jefierson Commons at Berry St. to create 1 fot for 3 residential buildings B. PARCEL SIZE: 187,199 sq. ft. (4.3 acres) C. EXISTtNG LAND USE: vacant {and and parking lot D. SURROUNDING LAND USE: North: University of Minnesota transitway, industrial (li) East: Westgate Industrial Park (11) South: KS7P broadcasting (11) West: Vacant land (City of Minneapolis) E. ZONING CODE CITATION: §69.301301 states that platting is required when a subdivision (1) creates five or more lots or parcels each of which is 2'/z acres or less in size, or (2) requires paved streets, alleys and other public improvements, or (3) is previously unplatted land. §69.406 provides criteria for review of subdivision applications. These criteria are covered below under "Required Findings." F. HISTORY/DISCUSSION: This property is part of the former Schnitzer industrial site, which included property in Minneapolis as wefl as Saint Paul. 1t was acquired by the University of Minnesota, who oversaw remediation of the extensive pollution on the site. The cieanup was funded by the original polluters, state grants, and tax increment 'paygo' notes. The City of Mi�neapolis has paid off its note; Saint Paul's note has a balance of approximately $800,00�. The entire site (both Saint Paul and Minneapolis portions) was sold to St. Croix Partners (Hubbard Broadcasting) for their USSB facility. A minimum of $3,150,000 in pubfic benefilts was anticipated. The state grant request projected that $18 million of new tax base would be generated when all development phases were complete. However, Hubbard sold its USSB operation, and the planned expansion did not occur. The owner has been marketing the site since 1999. At some point, Territorial Road was vacated between Berry St. and the city limits, which significantly limits access to the site. A Zoning Administrator decision that the student-oriented housing proposed by JPI, purchasers of the Saint Paul portion of the site, is a use similar to a rooming house was appealed to the Board of Zoning Appeals (File # 05-207-033). The BZA found that the Zoning Administrator erred, and the use was more similar to an apartment building. The District 12 Community Council appealed the BZA decision to the City Council (File # 06-006-936). After a public hearing on February 1, 2006, the City Councif found that the use was similar to an apartment use with characteristics of a rooming house and directed the applicant to obtain a conditional use permit. The Planning Commission approved this permit on March 24, 2006 (File # 06-047195). An appfication for variances of TN3 standards (File # 06-013-967) was approved by the Planning Commission at the same meeting approval of this rezoning was recommended. In addition, a site plan for this project (File # 06-002637) was approved by the Planning Commission with conditions on April 7, 2�06, after a public hearing. G. DISTRICT COUNCIL RECOMMENDATION: The District 12 Council made no recommendation regarding the plat. � D� �ii Zoning File # 06-006-938 Subdivision Staff Report Page 2 of 3 H. FINDINGS: § 69.406 of the Zoning Code requires that all of the following findings shall be made prior to approvai of a subdivision: 1. All the applicable provisions of the Legislative Code are complied with. City staff have reviewed the proposed plat and have determined that all applicable provisions of city codes can be met. The Office of License, Inspections, and Ertvironmental Protection (LIEP) notes that the project requires a rezoning. The Department of Public Works notes some required changes to the survey and that an alley vacation is necessary. Upon approval of the preliminary plat, the applicant has one year in which to submit the final plat. 2. The proposed subdivision will not be detrimental to the present and potential surrounding Iand uses. This finding is satisfied. 7he proposed plat creates one large parcel and is consistent witfi the surrounding land uses, and will not be detrimental to present and future use of surrounding land provided that the project meets additional site plan and operational conditions. These conditions are listed in the recommendation section. 3. 7he area surrounding the subdivision can be planned and developed in coordination and compatibility with the proposed subdivision. This finding is satisfied. The area surrounding the proposed plat is already developed and compatible with the proposed plat. 4. The subdivision is in conformance with the comprehensive plan, .This finding is satisfied. The subdivision wi(f combine a large parcel and a splinter parcel into one lot, which will simplify development of the site. Development along the University Avenue Corridor is supported in the comprehensive plan (Land Use Plan Objective 6.3) . 5. The subdivision preserves and incorporates the site's important existing natural features whenever possrbie. This finding is satisfied. The site is a previously-developed part of St. Paul with no remaining natural features. 6. AII land intended tor building sites can be used safely without endangering residents by peril fiom floods, erosion, continuously high water table, severe soil conditions or other menace. This finding is satisfied. The site is flat, in a developed area, with no flooding, erosion, high water table or soil condition problems. Pollution previously found on the site has been abated. 7. The subdivrsion can be economically served with public facilitres and services. This finding is satisfied. The subdivision can be economicaliy served with public facilities and services from surrounding streets. 8. §69.402, Preliminary pfat - Procedures states: Determrnation of the city councr! shal! be by resolution. Approval shall not constitute acceptance of the subdivision by the city, but shall be deemed an expression of approval of the design submitted on the prelirninary plat as a guide to the preparation of the fina! subdivision plat. !f the preliminary plat rs not approved, the reasons for such action shall be recorded in the proceedings of the councii and transmitted to the subdivider. Provided the changes are made to the site plan that provide more open space between buildings, specific exterior lighting standards are met, the number of residents is managed in a way that conforms to City regulations, and further actions are taken to promote the public health, safety, and general welfare, ihe preliminary plat satisfies this findi�g. !. STAFF RECOMMENDATION: Sased on required findings 1 through 7, staff recommends approval of the preliminary plat as an expression of approval of the design and as a guide to the preparation of the finaf subdivision plat for Jefferson Commons at Berry Street subject to the following conditions: 1. The survey is corrected as required by the Department of Public Works. 2. The project receives other necessary zoning approvals including rezoning to TN3. � �� /i Zoning File # 06-006-938 Subdivision Staff Report Page3of3 3. The site plan is modified to provide wider open space between buildings, as shown in attached pian. 4. A total of five parking spaces must be eliminated from the current site plan to provide more room for landscap+ng and strertgthen pedestrian orientation: Three parallel spaces must be removed near the entrance to the site; and two spaces must be eliminated near the pedestrian routes teading to the north building. However, the applicant may reconfigure the other parking spaces in the lot from what is shown on the approved site plan to provide up to five new parking spaces to replace the spaces that wiil be lost. These new spaces must conform to all zoning requirements, including setback and size 5. A new pub(ic sidewalk on the west side of Berry from the site to University Avenue must be constructed. As a part of this, the existing roadway on Berry must be narrowed as much as possible while still accommodating truck traffic as determined by Public Works to provide as much room as possible for a wide sidewalk and, where possible, a boulevard with trees and grass. 6. A final site plan must be submitted by the applicant and approved by staff that addresses all outstanding issues for storm water drainage, utilities, lighting and landscaping. 7. Exterior lot lighting is installed that will provide adequate illumination using fixtures that minimize off-site effects. 8. Removable speed bumps are installed in the parking lot. 9. The local police precinct and the Disirict Council shall be provided with the name and telephone number of a 24-houranswering service that will answer and respond to neighborhood complaints about tenant behavior or property conditions, for publication as the police precinct or the District Council deems appropriate. 10. A checkpoint system for foot patrol is installed. 11. An apartment unit shall be provided at no cost to an off-duty police officer, as allowed by City regulations, to provide escort services and night time faot patroi 12. Subsidized memberships shall be available ior car-sharing programs such as the neighborhood Energy Consortium's HOUSRCAR program or the University of Minnesota's ZipCar program. i3. Two fenanfs may share a single 6edroom within an apartment unit in the approved project, provided that the total number of students housed within the approved project at any one time shall not exceed 552 and that no more than 4 unrelated persons may occupy any apartment unit. Attachments: Application Preliminary Plat Site Location Maps O�- �i� Conditions of Preliminary Plat Approval JPI Development Services Jefferson Commons at Berry Street The Preliminary Plat for Jefferson Commons at Berry Street is approved subject to the following additional conditions, satisfaction of which will be determined by planning stafF. • Modify Site Plan to provide wider open space between buildings, as shown in attached plan. • Provide exterior lot lighting that wil] provide adequate illumination using fixtures that minimize off-site effects. • Install checkpoint system for foot patrol. • Install removable speed bumps in the parking lot. • Two tenants may share a single bedroom within an apartment unit in the approved project, provided (1) the total number of students housed within the approved project at any one time shall not exceed 552 and (2) no more than 4 unrelated persons may occupy any apartment unit. 342I338 1 D�-�// o�-�i �-'� � April 19, 2006 Jay: Lance Hanna and several of his colleagues attended last night's WSNAC Housing Subcommittee meeting to present details on JPI Development's proposed student apartment project behind Hubbazd Broadcasting. Mr. Hanna has asked the subcommittee to provide the Ciry Council with our preliminary reactions, which we aze pleased to do. As you know, the WSI�iAC subcommittee is working on ways to reduce the negative unpact of student rental housing in the Merriam Pazk and Macalester Groveland neighborhoods. In addition to monitoring the implementation of UST's buyout/conversion program for 30 student rental houses (part of the settlement between UST and neighborhood groups), the subcommittee is working with the City and others to develop a comprehensive collection of "tools" to address the continuing conversion of owner-occupied homes to student rentals. We have been impressed by and grateful for the efforts of the City Fire Department in inspecting student rentals and enforcing various codes provisions, notably the over occupancy restrictions, in order to keep students safe and reduce density in our neighborhoods. We have created and distributed a booklet of information and resources for neighbors to use in their individual efforts to effectuate positive change. The booklet includes a copy of the restrictive covenant developed for UST's use in the housing buyout program, which we hope more neighbors will consider using on their own homes. Next up, we must work more closely witfi the realtor community to identify those realtors who support our goals in reducing student rental housing, and educating those who don't on the problems we face in these fragile neighborhoods. I describe these efforts so that you and your colleagues on the Council can know that there is no single silver bullet that can solve our student rental problem. We have come to appreciate that it will take many tools, developed and implemented by both public and private entities, to reverse this trend. JPI DevelopmenYs proposed housing complex could conceivably become one of the tools in our toolbox to revitalize our own neighborhoods. We recognize that this type of student housing option (common in other parts of the country) has not yet been delivered to this market in any appreciable way. Notably, JPI has already developed one student apartment project in the Twin Cities, the University Commons project, serving primarily the University of Minnesota-Minneapolis campus. We trust that the University Commons project will provide JPI with a solid platform of experience in the Twin Cities for this next project and will also provide City decision makers with sufficient information to judge JPI's standards and ability to do a project right. We like JPI's focus on developing a multi-college student housing project in the Ce�tral Corridor, which has long been a topic of discussion among WSNAC's membership. We like to think that a modest sCudent housing development like this that hopes to attract students from no less least three of our area college campuses has a high likelihood of success. D'G-�//j We appreciate JPI's willingness to continue a dialogue with WSNAC and more importantly, with the University of St. Thomas, about how to best ensure that the proposed housing units do, in fact, address some of our neighborhood concems. Therein lies one of our two questions at this point. First, because the project is modest in scale (550 residents occupying 150 units) and will draw on the student popularion of at minimum three campuses, we suspect that occupancy rates will be high. AccordingIy, we need some assurances that JPI and the University of St. Thomas wiil take appropriate steps to ensure that a significant percentage of those residents are actually UST students. Methods to ensure this include: • UST executing a master lease for a percentage of JPI units; • UST extending campus bus service between its St. Paul campus and the JPI apartrnents; • JPI and UST working together on extensive pre-rental marketing efforts on UST's St. Paul campus to ensure that a significant number of UST undergraduate students "get in on the ground floor." Mr. Hanna and his colleagues have expressed their strong interest in working with UST to make these things happen, 6ut obviousIy, it is too early to project a final outcome. The bottom line is, while it sounds like a great project, we need to know that if they build it, UST students really will come. Second, we do not wish to foist oar problems off on another neighborhood. It is ow understanding that University United supports this project, and its potential to revitalize a relatively services-poor part of the Central Corridor. However, we also understand that other neighborhood groups from the Prospect Pazk and St. Anthony Park area have expressed some concerns. We know that 7PI has been working with these groups to address their concerns. For exampie, Mr. Hanna told us last night that JPI believes strongly in and strictly enforces a code of conduct for its residents and that as a result, there have been relatively few problems at its University Commons location. This should bode well for this project, but we concede that we hava insu�cient information at this point to formulate a reasonable opinion. Councilman Benanav, we trust your successful record in facilitating this type of neighborhood/developer dialogue and we defer to your judgment. We look forwazd to continuing to work with JPI and the City to add this type of housing option to our toolbox. Please feel free to contact us if you have questions or need further information. Alyssa Rebensdorf John Hershey 2096 Lincoln Avenue University of St. Thomas Neighborhood Liaison Paul, MN 55105 St Paul, M1V 55105 Tel: 651.6961636 Tel: 651.962.6123 Co-chairs, WSNAC Housing Subcommittee �