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06-49Council File # �Q,�� \ Ordinance # Green Sheet # 3029031 RESOLUTION Presented By Referred To PAUL, MINNESOTA mittee ty i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Registered Land Survey and Adjustment of Common Boundaries for x�oc 5'" Street East WHEREAS, the Saint Paul Housing and Redevelopment Authority and the City of Saint Paul Parks Department, Zoning File # 05-183-851, has submitted for City Council approval the attached adjustment of common boundaries and subdivision (RLS) dividing RLS #570 into north and south tracts to be tied to newly reconfigured Parks parcel (PIN # 32-29-22-33-0260) and HRA property/Markethouse parking lot (PIN # 32-29-22-33-0256), at the xxx 5th Street East, between Broadway and Olive; and WHEREAS, the appropriate City departments have reviewed the RLS and adjustment of common boundaries and found, subject to the recommended condition, that it meets the requirements of Chapter 69 of the Zoning Code; and WHEREAS, notice of public hearing before the City Councii was duly published in the official newspaper of the City on November 21, 2005, and notices were duly mailed to each owner of affected property and property situated wholly or partiy within 350 feet of the subject property; and WHEREAS, the City Council held a public hearing on the proposed RLS and adjustment of common boundaries and on December 7, 2005, at which all interested parties were given an opportunity to be heard, the Council having considered all the facts and recommendations concerning the RLS and adjustment of common boundaries; NOW, THEREFORE BE IT RESOLVED, that the City Council accepts and approves the attached RLS and adjustment of common boundaries for the Saint Paul Housing and Redevelopment Authority and the City of Saint Paul Parks Department dividing RLS #570 into north and south tracts to be tied to the newly reconfigured Parks parcel (PIN # 32-29-22-33-0260) and HRA property/Markethouse parking lot (PIN # 32- 29-2233-0256), subject to the condition that the applicant shall file a copy of the Council Resolution approving the RLS and adjustment of common boundaries with the Ramsey County Recorder's Office. Requested by Department of: Planning & Economic De�vel_o� Adopted by Council: Adoption Certified by Council Secreta� By: � Approved b ayor: Date: � !�7 (� By: �� Form Approved by City Attomey � � GreemSheet GreemSheet Green Sheet Green Sheet Green Sheet Green Sheet � Departmentloifice/council: Dafe Initiated: `� `r �� PE — p��g&EconomicDevelapmem �� Green Sheet NO: 3029031 Contact Person & Phone: Emity Ulmer Z6G-6591 Must Be on Council Ayen� Contrad Type: AR-f2ESOLU710N W/$ 7R4NSACTION � ' Total # of SignaW re Pages _(Clip NI Locations for SignaW re) Action Requested: Adopt a resolurion memorializing City Councii action approving the RLS and Adjustment of Common Boundaries for the property located at �ac Sth Sheet, between Broadway and Olive. The public hearing was held on December 7, 2005. Planning Commission CIB Committee CiHI Service Commission Personal5ervice Gontracts MustMSwerthe Following Questions: 1. Has this persoNfirtn e�er wwked under a contract for this department? Yes No 2. Has this persoMfirtn eaer been a city employee? Yes No 3. Does this persoNfirm possess a skill rat nortnally possessed by any cufrent city employee? Yes No Explain all yes answers on sepa2te sheetand atfach to green sheet ASSign 1 lao ' &EconomicDevelo De ar[mentD'vec[or Numper 2 oaucial Semcet Rjce Ftinancial Servi For 3 . � �1•4 Routing pbe� 4 a or•s Office Ma or/A sis[ant 5 ooncil (titv ('nuncil 6 i Clerk Gti erk Initiating Probiem, Issues, Opportuniry (Who, What, When, Where, Why): The Saint Paul HRA has applied for an adjustment of common boundry including a Registered Land Survey no. 570 adjusting the common boundazies of the property owned by the Saint Paul Housing and Redevelopment Authority (fIliA) and the Pazks Departlnent. The 1'roposed RLS and adjustment of common boundaries will transfer ownership from Pazks to the HRA to allow for a parking lc owned by Mazket Lofts Condominiums. The City Couucil approved the RLS and adjustment of common boundry on December 8, 200: after a public hearing. Advantages IfApproved: The RLS and adjustment of common boundty will be adopted per City Council intent. Disadvantages MApproved: None. RECEIVEQ r.. F3e.��reh InitiaUDate Disadvantages It Not Approved: City Council acrion will not be completed. fiv1AY�JR'S OFFii,E �EC 2 9 20� TransaMion: Funtling Source: Financial Information: (Explain) �QOZ c ? ��� �����f��4..J I . � �r voos � � Cosi/Revenue BudgeMd: ActivityNumber. ��A1�� 8 �'6.9 ���� a� i v December9, 200512:41 PM Page 1 DEPARTMENT OF PLANNlNG & ECONOMICDEVELOPMENT Susan Kimberly, DireCtor CITY OF SAINT PAUL Randy C. Kelly, Mayor November 17, 2005 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Erickson: L=1 a,Q \ 25 West Fourlh Street Telephone: 651-266-6700 SaintPaul,MN55/02 Facsimile:65/-218-3120 FOTiCE OF POBIdC HEAHING I would like to confirm that a public hearing before the City Council Wednesday, December 7, 2005, for the following zoning case: � 1Le Saint Paul (9ty Cwna1 cvffi conduct a public hearing on Wednesday, December 7, 2005 at 5:30 p.m. m thr (,9ry Co�mcll CLambers, 1liird F1oor City Hall, 15 West Kellogg Boulevazd, St. Paul, MN, to cronsider the application of the Housing and RcdevelopmentAuthortty of the Ctty of SainY Paul for a Subdivlsiori Registered land Suxvey (RI.S) divIding RLS 570 into north and south �acts at aQac 5th Street, between ,Broadway and Olive Street. (Zoning File No. 05-1S3-S51) Dated: November 17, 2005 MARY ERICKSON Assistant City Council Secretary (Nwember 21) 81: PAUL IEGAL L�fiER 2R106908 is scheduled for Zoning File Number: 05-183-851 Applicant: Housing and Redevelopment Authority of the City of Saint Paul Address: xxx 5`" Street, between Broadway and Olive Street Purpose: Subdivision Registered Land Survey (RLS) dividing RLS 570 into north and south tracts. Previous Action: City staff has reviewed the Registered Land Survey for the property located at xxx 5` Street, and now recommend approval. The City Council has until February 17, 2005, to adopt a resolution either approving or disapproving the final RLS. A staff report will be prepared and provided to the Council the week prior to the public hearing. I have confirmed this day with Councilmember Thune's office. My understanding is that this public hearing request will appear on the agenda for the December 7, 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 the public hearing. Please call me at 266-6591 if you have any questions. Sincerely, ��I� lll��-_ Emily Ulmer City Planner cc: File #: 05-183-851 Applicant: Housing and Redevelopment Authority of the City of Saint Paul Markethouse Condominiums City of Saint Paul Parks Department Att: Don Ganje Paul Dubruiel Wendy Lane Carol Martineau Allan Torstenson SUBDIVISION STAFF REPORT FILE # 05-183-851 HEARING DATE: December 7, 2005 1. APPLICANT: Housing and Redevelopment Authority of the City of Saint Paul, MN 2. TYPE OF APPLICATION: Preliminary and Finai Registered Land Survey and Adjustments of Common Boundaries 3. LOCATION: xxx 5"' Street, between Broadway and Olive Street � � 4. PIN AND LEGAL DESCRIPTION: 32-29-22-33-0256 and 32-29-22-33-0256; SECTION 32 TOWN 29 RANGE 22 TRACT A RLS NO 570 & IN SD SEC 32 TN 29 RN 22; PART OF VACATED PORTIONS OF BLKS 43 AND BLK 44 AND VACATED STS & ALLEYS OF KITTSON'S ADD TO ST PAUL DESC AS COM AT NWLY COR OF LOT 5 BLK 44 TH N 55 DEG 02 MIN 47 SEC E ALONG SLY LI 5. PLANNING DISTRICT: 17 6. ZONING CODE REFERENCE: §69.705; §69.406; §69.304; §69.303 7. STAFF REPORT DATE: November 23, 2005 PRESENT ZONING: 65 BY: Emily Ulmer 8. DATE RECEIVED: October 20, 2005 DEADLINE FOR ACTION: February 17, 2006 PURPOSE: Adjustment of common boundry including a Registered Land Survey no. 570 adjusting the common boundaries of the property owned by the Saint Paul Housing and Redevelopment Authority (HRA) and the Parks Department. The Proposed RLS and adjustment of common boundaries will transfer ownership from Parks to the HRA to ailow for a parking lot owned by Market Lofts Condominiums. In exchange, the HRA will convey to the City a portion of the property it owns immediatly adjacent to the park property, which would be of equivalent area and value. PARCEL SIZE: 56,662 sq. ft. � C. EXISTING LAND USE: Parking lot and dog walk D. SURROUNDING LAND USE: North: Parking lot and Diamond Products factory (B5 and 11) East: Parking lot and freeway ramps (65) South: Highway 94 and 35W entrance ramps (B5) West: Commercial buildings and multi-family housing (B5) E. ZONING CODE CITATION: §69.705 states that "all registered land surveys that constitute a subdivision as defined in this chapter shall be subject to the provisions herein contained". §69.406 provides criteria for review of subdivision applications. §69.304 lists the conditions for lots splits and adjustments of common boundaries as set forth in §69.303. F. HISTORY/DISCUSSION: The City Code requires that conveyance of park land must be reviewed by the Parks and Recreation Commission. An exchange between the Saint Paul HRA and the Parks Department is needed so that there will be no net loss of park land. After reviewing the proposal, the Commission submitted a resolution to City Councii that recommended approval of the land transfer (Resolution 04-20). On September 22, 2004, the City Council passed a resolution that allowed the City to dispose of a portion of park land in order to provide additional parking for downtown residents. With this resolution, the City Council accepted the adjacent HRA property on the western portion of the site as a repiacement for the transferred park property, and authorized the City to dispose of the park property to the HRA (Resolution 04-913). The Saint Paul HRA has applied for an adjustment of common boundary including an RLS that will convey land to Market House Condominiums for a parking lot. Currently, the parking lot straddles Parks and HRA land. In • March of 2005, City Council approved vacation of the alley on the south side of the site, and Market House Condominiums already owns part of the alley. Park land at the eastern corner of the site wiil require an easement across from the HRA parcel to allow parks access to the site; a maintenance agreement for this property will also be established. Zoning File OS-183-851 City Council Staff Report Page 2 G. DISTRICT COUNCIL RECOMMENDATION: The District 17 Community Councii had not commented at the time this staff report was prepared. H. REQUIRED FINDINGS: 1. §69.406 of the Zoning Code requires that all of the following findings shall be made prior to approval of a subdivision: (1) AI! the applicable provisions of the Legislafive Code are comp(ied with. This finding is met. City staff have reviewed the proposed subdivision and have determined that all applicable provisions of the City Code are met. (2) The proposed subdivision will not be defrimental fo the present and potential surrounding land uses. This finding is met. The proposed RLS and adjustment of a common boundaries wili not be detrimental to present and future use of the surrounding land. The area surrounding this site is fully developed to include parking lots, commercial buildings and freeway ramps. The continued use of this site as a parking lot and park land will be consistent with the way the area has developed and will not be detrimental to the surrounding land uses. (3) The area surrounding the subdivision can be planned and developed in coordination and compatibility with the proposed subdivision. This finding is met. The site and the area surrounding the proposed RLS and adjustment of common boundaries is aiready developed as a parking lot and dog walk. (4) The subdivision is in conformance with the Comprehensive Plan. This finding is met. The Transportation Plan states that the City should work to provide an adequate supply of parking in downtown by ensuring parking availability to attract new tenants (Policy 61). The Parks and Recreation Plan "encourages protection, preservation, and regeneration of the City's open space..." (Objective 1, pg. 9}. (5) The subdivision preserves and incorporates the site's important existing natural features whenever possible. This finding is met. This site is developed as a parking lot on the south side of the site and a dog walk on the north end of the parcel. The dog wa�k area is flat and covered with grass and evergreen trees. There are no other remaining naturai features on this site that will be disturbed by the RLS and the adjustment of common boundaries. (6) (�) All land infended for building sites can be used safely without endangering residents by peril from floods, erosion, confinuously fligh water table, severe soil conditions or other menace. This finding is met. The site is flat with stable soil conditions, and there is already a parking lot on this site. The proposed RLS and adjustment of common boundaries can be used safely without endangering residents in the surrounding area. The subdivision can be economically served with public facilities and services. This finding is met. The site could be economically served with pubiic facilities from surrounding streets. 2. §69.304 states that lot splits and adjustments of common boundaries are permitted without platting, provided the following conditions are met: (1) The lot or lots have fronfage on an existing improved street and access to municipal services. The spirit and intent of this condition is met. Land owned by the HRA would have frontage on Pine. The land owned by the Parks Department at the eastem tip of the site would have no frontage on an improved street but would be covered by an access easement and maintenance agreement. The proposed adjustment of common boundaries and RLS would not require municipal services; the site will continue to be used as a dog walk and parking lot. (2) The lot or lots to be divided are previously platted land. This condition is met with the portion of the site covered by the RLS meeting all requirements for City Council approval. (3) The lof or lots meet the. minimum standards for lot width and area for fhe zoning disfrict in which they are located. This condition is met. The area is currentiy zoned 65 Central Business - Service District, and the lots meet ail minimum standards. u � ' u r � �_J Zoning File 05-183-851 City Council Staff Report Page 3 • (4) The division of the lots shall not cause a remaining parf of a lof to become a sepa�ately described tract which does not meet fhe minimum sfandards of the zoning district in which it is located or which does not have sfreet frontage and access to municipal services. The spirt and intent of this condition is met. Parks land at the eastern tip of the site will be covered by an access easement and maintenance agreement; it will continue to be used simply for open space and does not need access to municipal services. (5) The division does not result in a split zoning classification on a srngle lot. This condition is met. The entire parcel is in the 65 Central Business - Service District. (6) The division does not result in the creation of a nonconforming structure or use. This condition is met. The site will continue to be used a parking lot and park land, both of which are permitted in the 65 district. (7) No !ot sha(1 be created where the building pad area for the principal structure has an existing slope steeper than eighteen (18) percent or where a driveway steeper than fwenty (20) percent is required to reach the building site. However, the planning administrator may approve the creation of a steeper lot, as an exception to thrs regulation, whe�e the steeper lot is specifrcally consistent with a city-approved neighborhood plan or redevelopment project. This condition is met. The site is flat, and currently developed as a parking lot and dog walk. I. STAFF RECOMMENDATION: Based on required findings staff recommends approval of the final RLS and adjustment of common boundaries subject to the following conditions: 1. The applicant shall file a copy of the Counci� Resolution approving the RLS and adjustment of • common boundaries with the Ramsey County Recorder's Office. 2. An access easement and maintenance agreement for Parks land at the eastern tip of the site shall be signed between the Saint Paul Housing and Redevelopment Authority and the Saint Paul Parks and Recreation Department. Attachments: Application Preliminary RLS (reduction) Final RLS (reduction) Resolutions Site Photos Site Maps • SUBDIVISION REVIEW APPLICATION Department ofPlanning and Economic Development Zoning Section 1400 Ciry Hall Annex 25 West Fourth Street Saint Paul, MN 55102-1634 (65l) 266-6589 APPLICANT PROPERTY LOCATION ApplicanYs Address! Location tNa� Zoning A !„_ .. �'fh Le al Description J3P- t�TI�fM � 3 2 29 ZZ33ozS � -e (attach additional sheet if necessary) I� -�.o-o� TYPE OF SUBDIVISION: � Lot Split � Lot Split with Variance � Reg. 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DEPARTMEN'I OF PLANNING & ECONOMIC DEVELOPMENT Susan Kimberly, Dirnclor CI`TY OF SAIIV'T PAUL Randy C. Kel(y, Mayor MEMORANDUM To: Emily Ulmer From: Dan Smith Date: November 14, 2005 Subject: Mazket House Lot Split 25 Wesi Fowth Street SaintPaul, MN55/OZ .Q Telephorse:651-266-6565 Facsin�il e: 651-228-3261 As promised, I am writing with further informa6on about the requested lot split and RLS for the Mazket House condominium project. This lot split is necessary to accommodate a land swap between the Saint Paul HRA ("the HRA") and the City of Saint Paul Parks and Recreation Depamnent ("Pazks"). The HRA will be conveying land that is currenfly used as a parking lot to Parks for land that is currently used as a dog walk azea. As required by City code for any conveyance of Parks land, this proposed land swap was reviewed by the Parks and Recreation Commission in September 2004. The Commission recommended approval of this land swap. The City Council approved the swap on September 22, 20d4. Attached is a copy of the City Council resolution. This resolution includes a copy of the Pazks and Recreafion Commission's resolufion on the same matter. I hope you find this informafion helpful. If you need more informafion, please let me know. • u AA-ADA-EEO EMPIAYER D�- 9t3 � � C �. S P�� Parks ana Recreation Commission 300 CiFy Hall Avnex, 25 W. 4th S¢xt, Saiat PauI, 2vL�t 55102 -{651)266-&70Q RESOLUT10N0420 WF�REAS, the Saint Paul Pazks and Recreation Commission is an appointed body established to advise the Mayor and City Council on long-range and city-wide matters related io Parks and Recrearion; and WHEREAS, Section 13.011 of the City Charter requires tt}at the Co�mnission review any diversion or disposal of park property and present a recommendation to the City Coimcil, and WFLEREAS, the City of Saint Paul owns certain park praperty in the vicinity of Sth Street and Broadway Sireet, as shown on the attached exhibit "A", and said properry is under the jurisdiction of the Pazks and Recreation Division, and WFIEREAS, the Housing And Redevelopment Authoriry( HRA) the owner of property immed'sately adjacent to the City Park Property proposes a trade wluch will result in more usable shaped parcels as shown on the attached exhibit "A", and WfTBREAS, the areas fo be traded are approlcimately equai in size and equivalent in value as determined by an independent appraisat, and ` WHEREAS, the properiy to be haded to Parks and Recreation will he sodded and fenced by the F�2A in a condition acceptabie to Pazks and Recreation, and WITEREAS, the City Parks and Recreation staff recommend the approval of the proposed trade, and NOW THEREFORE BE IT RESOLVED, The Saint Paul Pazks and Recreation Cornmission, under the provisions of Secrion 13.011 of the Saint Paul City Charter, recommends to the City Council the approval of the proposed properiy trade. Adopted by the Saint Paul Parks and Recreation Commission on September 8, 2004: Approved: Resolurion 0420 Yeas ,� Nays � Absent: �2 Attested to by: ��� F � Staff to the P s d Recreation Commission g.kIiv�wp\pazkscommission�resolufions�2004\0420dogpark >��.!c�2cae �e:zs isa s2� �sz2 . +.�=.. � .. �.. . : � .—,�.. � —,.I � �_' � . � , . =_ / �'/ '0. .\ � �\\ . � R � ` ,' �.. �, � � �� � �� � -- _ "�.' �►► �� �'... �� z . �,�'� • :,...� . s .� � � �; C � 8 � io�cks AWsociz±e3 o E„ o y .� k a��� � < z z a e o � `V . �"n .� <cacc c.0O2/002 � ;} �' 1 Dt!-9t3 Eghibi ��A" a �� w � a4 > i .� �>5 #gg� 0 o , J Oo < c+a o� S<�� E? � t'. � � y�. � �� �.� ��� �'o -�-�?! „ g � �, � v~ � �h�� � i, �t � ` o ��� � � . c�.. �. � ` � Q`` \ . . ,r( � / / % \\ l - ,'`. � i-,��-- � � `'_' _�� / ` .�� � .., ��� : �� .�,: � � � �- : � "�y - s %� � J � , ., � �r ,� ; :� P _ � a � �� �� � �A � ��f U � C � 1 ".: � ./F `a � �• �Sl "tll y; � ., �� ; `,�" € . , A � ?F3' ,. .. 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J � Green Sheet# 3022363 J�O Presented By Re£erred To � Comtnittee: Date 1 WfIEREAS, the City of Saint Paul ("CYt}�') owns property located northeasterly of the intersection of 2 Broadway Sh'eet and Fifth Sh in Saint Paul, for use as park land, specifically, a mm�ing area for pets 3 of downtown residents; and � 4 5 WHEREAS, the Parks and Recreation J�ivision ("Parks") finds that disposal of a portion of said park 6 property is in the best interest of the public in order fo provide additional pazking for downtown 7 zesidents, and fiuther, that replacement land is available immediately adjacent to said park properry; and 9 WHEREAS, Chapter 13 of fhe Saint Paul City Charter requires that land acquired foz pazk purposes � cannot be diverted to other uses or disposed of except in accordance with the provisions of Chapter 13.01_l;and 12 13 WFIEREAS, in accordance with said Chapter 13, the Saint Paul Pazks Commission has reviewed the 14 proposed disposal of said property ar3d has recommended that the City Council approve such disposal 15 (via Resolution Numbered 0420, adopted September 8, 2004, a copy of which is ateached hereto); and 16 17 WHEREAS, an appraisal of said property has been performed by a quaIified independent appzaiser and 18 an appraised mazket value of the property has been determined; and 19 20 21 22 23 24 25 26 27 28 29 30 31 32 • WtIEREAS, in accordance with Chapter 51 of the Saint Paul Administrative Code, the Saint Paul Housing aad Redevelopment Authority ("FIRA"� has submitted to the City a proposal to exchange said park properry with IIRA-owned property ]ocated immediately adjacent to and southeasterly of said park property, and determined by the Ciry's Valuation & Assessment Engineer to be of equaI value to said park property; now, therefore be it RESOLVED, that the Saint Paul City Councii hereby accepts the adjacent HRA property as replacement for said pazk property and authorizes the praper city officials to dispose of said pazk property to the I312A upon final transfer of said FiRA properiy to the City. 1 2 3 4 5 6 7 8 9 10 lI 12 I3 14 15 16 17 18 I9 20 21 22 23 24 Council �1e # � ` � ` �> Green Sheet # 3022363 . � � �J Requested by Division of: Parks & Recreation By: �t y�-� DirecEor Form Approved by City Attomey Adopted by Couucii: Date Cl-<7� O� Adoption Ce •' ed by Counci] 3ecretary $y: ' Approv b or. l�ate ' B 4�yC�LG�'!dQ %. � � /7 �r r IvFayor €or S�nigs}ap to • • � C Zoning File OS-183-851 Dog walk on the southwest side of the site. • � • Zoning File OS-183-851 Pazking lot on the south side of the site owned by the Saint Paul HRA. /• �• C� Zoning File OS-183-851 The triangle shaped parcel on the east side of the site will continue to be owned by Parks. • L_J • Zoning File OS-183-851 Freeway ramps on the northeast side of the site. • � U ❑ Zoning File OS-193-851 Diamond Products parking lot on the south side of the site. a e CE7IZ�F1 PARTICIPATI(kN PLANNING DISTRICTS 1.SUNRAY=BkT�LEC&�EK�-HIGHWOOD - 2.6REATER EAST S.IDE 3.WEST SIDE 4.DAYTON'S BLUFF S:PAYNE-PHkLEN. � 6.NORTH END ' 7.THOMAS=DALE 8,SUMMIT-UNIVERSITY � Qr' ,�3�5 � 9:41ESt� SEVENTN 1Q.CON10 .. . 11.HAMLINE-MIDWAY 12_ ST. 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